HomeMy WebLinkAbout10/12/2005 - STAFF REPORTS (3) OF PALM SAT
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CITY COUNCIL REPORT
DATE: October 12, 2005
SUBJECT: AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, EXTENDING INTERIM DEVELOPMENT
REGULATIONS FOR ONE YEAR FOR THE CHINO CONE AND
ADJACENTAREAS PENDING THE COMPLETION OF STUDIES AND
THE PREPARATION OFAN UPDATE OF THE CITY'S DEVELOPMENT
REGULATIONS FOR THESE AREAS.
FROM: David H. Ready, City Manager
BY: Thomas J. Wilson, Assistant City Manager - Development Services
SUMMARY
The City Council on October20, 2004 and December 1, 2004 adopted Interim Urgency
Ordinances establishing and extending interim development regulations for the Chino
Canyon Cone and adjacent areas of the City for a total period of one year. This
Ordinance makes requisite findings and has the effect of extending the interim
development regulations for the Chino Canyon Cone and adjacent areas as provided
for in the first two Interim Urgency Ordinances for an additional one-year period ending
on October 15, 2006.
RECOMMENDATION:
Waive the reading of the Ordinance text beyond its title only and adopt Ordinance No.
an Interim Urgency Ordinance of the City of Palm Springs, California, extending
interim development regulations for one year for the Chino Canyon Cone and adjacent
areas pending the completion of studies and the preparation of an update of the City's
development regulations for these areas.
STAFF ANALYSIS:
On October 20, 2004, the City Council of the City of Palm Springs, California, adopted
an Interim Urgency Ordinance No. 1663 which was intended to provide an opportunity
to initiate the creation of a new planning process for the Chino Canyon Cone, Snow
Creek, and the south side of the Highway 111 corridor.
On December 1, 2004,the Palm Springs City Council adopted Ordinance No. 1664, an
Item No.
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City Council Staff Report -2- October 12, 2005
Interim Urgency Ordinance which extended interim development regulations for the
Chino Canyon Cone and adjacent areas to October 15, 2005, a period of ten (10)
months and fifteen (15) days.
The Interim Urgency Ordinance and the extension of the Ordinance were adopted to
protect the public safety, health, and welfare and allow the City Council the opportunity
to evaluate land use density and intensity, land use patterns, all property development
standards, including open space, recreation, and conservation; and provide for
community participation in a public planning process related to the preparation of the
required Specific Plans. The adoption of the Ordinances also directed staff to prepare
a comprehensive study and analysis of the properties governed by the Ordinances.
Since October 2004, the northerly portions of the City of Palm Springs have continued
to experience focused and rapid growth which impacts the City's infrastructure and its
capacity to delivery public services. All sectors of the community are concerned about
future development and the intense growth in this area of the City. Staff and a private
citizen's committee have been independently pursuing potential solutions to the many
complex and disparate issues involved in the development of new land use policies for
the Chino Canyon Cone and adjacent areas.
Pursuant to Government Code Section 65858(a), which authorizes and governs the
adoption of interim urgency land use ordinances, the City Council may grant a second
and final time extension of the Interim Urgency Ordinance for no more than one (1)
year. Staff and the community need additional time to formulate new comprehensive
regulations for land use in the Chino Canyon Cone and adjacent areas.
FISCAL IMPACT:
NONE
drarg Graves,Direc-orof Finance
Thomas J. Wyson David H. Ready �o
Ass't City Manager-Development Services City Manager
Attachment:
1. Resolution
ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, EXTENDING INTERIM
DEVELOPMENT REGULATIONS FOR ONE YEAR FOR THE
CHINO CONE AND ADJACENT AREAS PENDING THE
COMPLETION OF STUDIES AND THE PREPARATION OF
AN UPDATE OF THE CITY'S DEVELOPMENT
REGULATIONS FOR THESE AREAS.
CityAttorney's Summary
The City Council on October 20, 2004 and December 1, 2004,
adopted interim urgency ordinances establishing and extending
interim development regulations for the Chino Cone area of the
City for a total period of one year. This ordinance makes
requisite findings and has the effect of extending the interim
development regulations for the Chino Cone area as provided
for in the first two interim urgency ordinances for an additional
one year period, ending on October 15, 2006. A four-fifths vote
of the City Council is required for passage.
The City Council of the City of Palm Springs finds:
A. The "Urban Reserve Area" within the Chino Cone and adjacent area has
long been recognized as one of the most unique areas of the City Palm Springs
("City") and of the State of California.
B. The Urban Reserve Area in the Chino Cone and adjacent area rises
from the desert floor approximately 2,000 feet, to where the Valley Station of the Palm
Springs Aerial Tram ascends an additional 6,500 feet to the forests of Mt. San Jacinto
such that the broad reach of the Chino Cone alluvial fan Is visible for miles from many
different directions.
C. The unique features of the Chino Cone area have always been
recognized in the City's General Plan process.
D. In 1959 the area was studied in a General Plan Report, and a plan for
the area was produced in 1966, proposing a spectrum of residential densities ranging
from one (1) unit per five (5) acres to 43.5 units per acre, including resort hotel and
commercial areas.
E. Pursuant to the 1966 plan, the urban reserve concept was
recommended for the Chino Cone area as a "holding" zone designation until specific
development plans could be proposed.
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F. The 1966 plan also prohibited development on slopes greater than 30%.
G. The 1966 standards for development within the Chino Cone area were
amended in the 1993 General Plan.
H. Over the years, although many developers have considered
development of the Chino Cone and adjacent areas, the difficulty of the rocky terrain,
environmental constraints, the land ownership patterns, and general real estate
market conditions have kept any developer from actually obtaining permits for
development.
I. In 1993 the General Plan for the Chino Cone area was amended by
reducing Intensity of development in recognition of the area's natural assets,
topography, and desire to maintain the scenic quality of the area.
J. In 1993, the areas in the upper Chino Cone were changed from Resort
and residential development to Conservation, one (1) dwelling unit per 20 acres, and
for very low density residential development one (1) unit per acre.
K. Areas in the middle and lower Chino Cone area had allowable density
reduced to very low density residential development, two (2) units per acre and to low
density development six (6) units per acre.
L. The density around the Palm Springs Visitors' Center was reduced to low
density residential development six (6) units per acre and Neighborhood Shopping
Center.
M. To date, the Shadowrock Project, for which a Development Agreement
was approved by City Council Resolution 1462 in 1993, as memorialized in Palm
Springs Municipal Code ("PSMC") Section 94.08.05, is the only development project to
be approved within the Chino Cone and adjacent areas.
N. Pursuant to the Development Agreement, the Shadowrock Project was
designed to create a destination resort hotel to include a 60-unit hotel, 135 single-family
luxury estates, 210 luxury condominiums, and a golf course all within the upper portion
of the Chino Cone below the area which is referred to as the "oasis".
O. As the result of environmental litigation followed by the evaporation of the
real estate market for hotel resorts the Shadowrock Project has been delayed for some
ten (10) years.
P. After a slow real estate market within the City during the 1990's,
developers who had experienced success "in other portions of the Coachella Valley"
began to reconsider the City, and several significant projects were proposed for
development on the fringes of the then-developed areas of the City. For example,
Century Homes constructed Mountain Gate I, a standard mid-market subdivision with a
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density of four (4) units per acre, along Highway 111 at the entry to Palm Springs. The
success of Mountain Gate I has now led to the proposal to develop Mountain Gate 11,
for a two project total of 514 units and further phases are now being planned.
Q. The desert entry to the City of Palm Springs, its topography, vegetation,
and scenic vistas, has been a part of the regional, national, and international renown
and appreciation of the unique natural beauty and charm of the City, and currently
projects are being developed along the entry to the City which wall off the traveler from
these vistas.
R. On the Chino Cone and adjacent areas itself, several lower density luxury
residential projects have been proposed, but generated controversy due to significant
neighborhood concern over environmental issues including, but not limited to, the
volume of grading and lack of sensitivity to the natural terrain.
S. As described in PSMC Section 92.22.00, most of the Chino Cone is now
zoned Urban Reserve and the City's Urban Reserve designation permits land uses
consistent with the General Plan.
T. For the Chino Cone area, land uses permitted under the General Plan
include hotel, single-family residential, multi-family residential, neighborhood
commercial, resort commercial, and recreational land uses; moreover, all development
in this area must be master planned with a Planned Development District ("PD") or
Specific Plan and requires the preparation of an environmental impact report ("EIR").
U. The development standards in the Urban Reserve Zone, which are set
forth in PSMC Section 94.03.00, require that development proposals be made in 40 acre
increments with minimum lot sizes of 10,000 square feet; however, through the PD
mechanism, development can be approved to lesser standards.
V. The City Council desires to respond to the concerns of its citizens
regarding development within the Chino Cone and adjacent areas.
W. In light of the rapid development of the northerly portion of the City, which
includes the development of 192 acres into 705 dwelling units within the past three (3)
years, in addition to which there are a number of pending projects on at least an
additional 437 acres, totaling at least 1,690 dwelling units, the City Council believes that
the development wave will continue on up into the Chino Cone and adjacent areas
including the entry to the City.
X. In anticipation of this expected development progression, before
developers begin investing money to plan projects to be constructed within the Chino
Cone and adjacent areas, the City Council desires to revise the planning process for
development within these areas.
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Y. The City Council finds and determines that the City's current standards for
development within the Urban Reserve classification, as applied to the Chino Cone and
adjacent areas, may be too broad and create a current and immediate threat to the public
health, safety or welfare because the current standards do not sufficiently address
density and similar issues which acknowledge a sensitivity to the natural terrain and the
distinctiveness of the area.
Z. The City Council desires that staff undertake a comprehensive study and
analysis of the development standards applied to development within the "entry to the
City," which includes all areas to the west of Highway 111 from Snow Creek to the Chino
Cone, excluding land within the County of Riverside, as indicated on the map attached
hereto and incorporated herein as Exhibit "A," to ensure that such development is
undertaken in a manner that is sensitive to the unique qualities of the property.
AA. The City Council believes that, for development purposes during the interim
period of the urgency ordinances affecting the Chino Cone area, the entry to the City
areas should be considered as nine (9) separate sub-areas (sub-areas may be referred
to as "Planning Areas"): Area #1 - Palm Springs Aerial Tram; Area #2 - Shadowrock;
Area #3 -Agua Caliente Reservation; Area #4 - Tramway South; Area #5 - Visitor Center
(including a commercial development sub-area); Area #6 - Chino Cone Gateway; Area
#7 - Chino Creek; Area #8 - Highway 111 Corridor; and Area#9 - Snow Creek.
BB. While permanent development standards for the nine (9) Planning Areas
are being studied, the City Council desires to impose, as an interim regulation pertaining
to each Planning Area, the obligation that, prior to development within any of the nine (9)
Planning Areas, a specific plan be approved for the entire Planning Area which would
allow development to continue, albeit in a manner more consistent with the concepts
being studied for inclusion in the permanent regulations.
CC. A specific plan must be adopted by ordinance after public hearings before
the Planning Commission and City Council.
DD. With respect to the specific plans, the City Council desires to: (1) retain
the current requirement that land developed within an Urban Reserve area undertake a
complete environmental review, and (2) add the new requirement of a community
planning component which requires a developer to give early notice of its proposed
project to neighborhood groups and to meet and discuss the proposed project with the
neighborhood group.
EE. During the interim period, the City Council desires to adopt new density of
development standards for each of the Planning Areas which are consistent with the
"Chino Canyon Specific Plan Area Interim Zoning Regulations Creating Specific Plan
Areas for Chino Canyon, Snow Creek, and South Side of Highway 111 Corridor
Between Gateway Drive and City Limits" which is attached hereto and incorporated
herein as Exhibit "B" and which is summarized as follows: (a) Planning Area #1: one (1)
unit per 40 acres; (b) Planning Area #2: Shadowrock Development Agreement; (c)
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Planning Area #3: two (2) units per acre: 20,000 square foot minimum lots; (d) Planning
Area #4: two (2)units per acre: 20,000 square foot minimum lots; (e) Planning Area #5:
resort commercial and residential; (f) Planning Area #6: two (2) units per acre: 20,000
square foot minimum lots; (g) Planning Area #7: watercourse and recreation; (h)
Planning Area #8: two (2) units per 2.5 acres; and (i) Planning Area #9: one - two (1-2)
units per acre.
FF. In an effort to develop comprehensive and appropriate revisions to the
City's development regulations for the areas indicated on Exhibit "A," the City Council
desires that staff: (1) proceed with completion of a comprehensive study of the City's
current standards for development within the nine (9) Planning Areas; (2) prepare new
planning standards for each of the Planning Areas to include the following components
including, but not limited to: (a) master planning of road alignments, (b) traffic analysis,
(c) a bikeway and trail plan, (d) water conservation and availability analysis, (e) an
infrastructure plan, (f) minimum development standards which comply with the density
standards of each of the sub-areas, (g) a fiscal impact analysis, (h) an open space plan,
and (1) environmental review; and (3) prepare new density of development standards
for each of the nine (9) Planning Areas during the interim period.
GG. The City Council finds and declares that all projects with approvals of
entitlements, including development agreements, as of the effective date of the initial
Interim Urgency Ordinance are permitted to proceed under such entitlements, but all
projects without entitlements or permits shall be subject to the standards hereof.
HH. On October 20, 2004, the City Council adopted an initial interim urgency
ordinance establishing interim development regulations, for forty-five (45) days, for the
Chino Cone and adjacent areas pending the completion of studies and the preparation
of any update of the City's development regulations for these areas.
II. During the term of the initial interim urgency ordinance, staff has
continued to meet with property owners to discuss future land uses, development
opportunities, and public involvement and met with the General Plan Update
consultant and Planning Commission subcommittee regarding future development
standards and planning process for the Chino Cone and adjacent areas.
JJ. On December 1, 2004, the City Council adopted a second interim urgency
ordinance that had the effect of extending the interim development regulations
established pursuant to the initial urgency ordinance for an additional period of ten (10)
months and forty-five (45) days for the Chino Cone and adjacent areas pending the
completion of studies and the preparation of any update of the City's development
regulations for these areas.
KK. During the past ten (10) months and forty-five (45) days, the City Council
retained the Planning Center as the primary consultant to General Plan Steering
Committee for the preparation of the General Plan update and its concomitant
environmental review. During this latest interim period, staff has (1) continued to meet
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with property owners to discuss future land uses, development opportunities, and
public involvement; (2) met, and continues to meet, with the General Plan Update
consultant, the Planning Commission subcommittee, and a General Plan Steering
Committee regarding future development standards and planning process for the
Chino Cone and adjacent areas; and (3) undertaken a comprehensive review and
updating of the City's General Plan. In relation to the Chino Canyon Cone and
adjacent areas, the Steering Committee and staff have been working to review,
analyze, and incorporate appropriate land use policies and programs consistent with
the direction of Council provided in the Interim Urgency Ordinance into the General
Plan Update, while carefully monitoring community dialogue and input.
ILL. City staff has also continued to meet with property owners to discuss
future land uses, planning processes, and potential development. In addition, since
August 2005 staff has begun to specifically prepare a staffing and consultant needs
assessment and time-line for the execution of the studies and analyses called for in
the Interim Urgency Ordinance. All of the staff and community-based efforts are
positively focused on providing, within a year, new land use designations and
appropriate development processes and standards for the Chino Canyon Cone and
adjacent property areas.
MM. During the term of the second urgency ordinance, private citizens of the
City organized to exercise their initiative authority, ultimately resulting in the Mountain
Preservation Initiative. This Initiative was placed before the voters of the City of Palm
Springs as Measure B in a Special Election called by the Palm Springs City Council
and held on March 9, 2005. The Initiative covered more than 55 square miles of the
City, including the Chino Cone Area, and featured the establishment of a General
Plan land use designation of "Mountain Region." This "Mountain Region" land use
designation provided for no more than one (1) single-family residence per forty (40)
acre parcel of "Mountain Region" land. While the Initiative was not approved by
voters, the community's interest in the future development in the Chino Canyon Cone
and adjacent areas was vigorously stimulated and intensified by the community's
discussion, analysis, and debate of the Initiative's provisions.
NN. A direct and immediate product of the failed Initiative, Measure B, was
the formation of a private citizens committee which organized itself as a private
Citizens Task Force with the declared purpose of constructively pursuing potential
solutions of the disparate and divisive issues surrounding the development of new
land use policies for the Chino Canyon Cone and adjacent areas. The Task Force
presented its initial proposal to the City Council on September 14, 2005, and to the
community-at-large on September 17, 2005. Since its publication in September 2005,
the Citizens Task Force's proposal has generated community-wide interest and
dialogue in it's land use and development proposals for the Chino Canyon Cone and
adjacent areas. The Task Force intends to continue its public outreach and receive
input to shape its final recommendations. It is anticipated that portions of the final
report and recommendations of the Task Force may be included for additional study
as a part of the City's General Plan update process and/or as separate regulatory
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ordinances or regulations for consideration by the City Council, consistent with the
goals and purposes of the interim urgency ordinances.
00. Century Crowell Communities, LP for Ziva Hillinger, has submitted an
application for the Tuscany Falls Specific Plan, which proposes a density that exceeds
the allowable density under the interim development regulations established in the
initial urgency interim ordinance, the first extension, and this urgency ordinance.
Century Crowell Communities, LP has also commenced the pubic outreach process in
anticipation of preparation and submission for City review and consideration of a
specific plan for one or more of the planning areas as provided in the initial, first
extension of the interim urgency ordinance, and this ordinance.
PP. Government Code Sections 65858, 36934, and 36937 expressly
authorize the City Council to adopt and extend an urgency ordinance and to impose
interim regulations which are applicable to the nine (9) Planning Areas, until updated
regulations are adopted, to reassure the public that there will be an updated detailed
planning process applicable to these areas.
The City Council of the City of Palm Springs, California, ordains:
SECTION 1. Above-Recitals. The above recitals are true and correct and constitute a
part of the rational in support of this urgency ordinance.
SECTION 2. Effectiveness of Ordinance. This Interim Urgency Ordinance shall
become effective on October 15, 2005 and shall expire at 12:01 am on October 15,
2006, a period of one year, pursuant to the authority conferred upon the City Council by
Government Code Section 65858(a), thereby extending the development regulations
adopted in the initial interim urgency ordinance and extended in the second interim
urgency ordinance in the manner provided under law.
SECTION 3. Urgency Declaration. The City Council finds and determines that the
City's current standards for development within the Urban Reserve classification, as
applied to the Chino Cone area generally and the nine (9) Planning Areas within the
Chino Cone area specifically, may be too broad and create a current and immediate
threat to the public health, safety, or welfare because the current standards do not
sufficiently address density and similar issues which acknowledge a sensitivity to the
natural terrain and the distinctiveness of the area.
SECTION 4. Direction to Staff. The City Council directs staff to continue and
complete the preparation of a comprehensive study and analysis of the development
standards to be applied to all development within the nine (9) Planning Areas. The
comprehensive study shall include, but not be limited to, the following components: (1)
master planning of road alignment, (2) traffic analysis, (3) a bikeway and trail plan, (4)
water conservation and availability analysis; (5) an Infrastructure plan; (6) minimum
development standards which comply with the density standards of each of the sub-
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areas, (7) a fiscal impact analysis, (8) an open space plan, (9) environmental review,
and (10) the preparation of new density of development standards for each of the
Planning Areas. The study shall be completed within a reasonable time.
SECTION 5. Urgencv Findinqs. In adopting this Interim Urgency Ordinance, the City
Council extends the interim development regulations established by the initial urgency
ordinance and continued by the second urgency ordinance, and in extending such
development regulations, the City Council finds and determines that this extension of
the initial and second interim urgency ordinances is necessary to protect the public
safety, health, and welfare, as those terms are defined in Government Code Section
65858(a), for the reasons set forth in the Recitals above and in this Section 5.
(a) The City is experiencing rapid growth in the northern part of the City that
has created a need to carefully evaluate all new development for effects on public
safety, infrastructure, and other public services.
(b) The City Council has determined that community concerns about growth
and development have caused a need to evaluate the land use pattern, density, and
overall property development standards that will have a direct effect upon public safety,
health, and welfare.
(c) By evaluating land use patterns, density, and overall property
development standards, the City can evaluate open space and recreation needs and
ensure that future development creates a strong positive relationship between
conservation, open space, recreation, and economic development opportunities.
(d) Given that the undeveloped portions of the northern part of the City are
rapidly developing, developers will soon propose projects to be constructed within the
Chino Cone and adjacent areas. In anticipation of this expected development
progression, before developers begin investing money to plan such projects, the City
Council believes that it is necessary to revise the planning process for development
within these areas.
(e) The Specific Plan process outlined in this Interim Urgency Ordinance will
allow the community the opportunity to participate In the public planning process to
ensure that community concerns are considered as plans are being prepared.
(f) Were the City Council or Planning Commission to grant any entitlement,
zoning variances, or other discretionary land use permits relating to development within
the nine (9) Planning Areas pursuant to the City's currently-applicable development
regulations, during the pendency of the studies necessary to revise the development
standards applicable to the nine (9) Planning Areas, such approvals could:
(1) Fail to adequately address the land use patterns density, public
services, and infrastructure of development within the nine (9)
Planning Areas;
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(2) Fail to sensitively address planning issues specific to the natural
terrain and natural resources of this unique area;
(3) Undermine the orderly development of property within the nine (9)
Planning Areas, resulting in a reduction of the quality, caliber and
aesthetics of the development within the nine (9) Planning Areas;
and
(4) Undermine the orderly development of property within the nine (9)
Planning Areas, resulting in the inability of the City to assure that the
nine (9) Planning Areas are developed to their highest and best use
as allowed by law.
Thus, the approval of entitlements for development within the nine (9) Planning Areas
pursuant to the City's existing zoning ordinance would result in that threat to public
health, safety, and welfare, as identified above in this Section 4. Due to the foregoing
circumstances, it is necessary for the preservation of the public health, safety, and
welfare that this ordinance take effect immediately.
SECTION 6. Measures Taken To Alleviate Condition Which Led to Adoption Of
Ordinance. Pursuant to Government Code Section 65858(d), in the past 45 days, staff
has continued to meet with property owners to discuss future land uses, development
opportunities, and public involvement programs. Recently, the Tuscany Falls Specific
Plan was submitted by Century Crowell Communities, LP for Ziva Hillinger. The Speck
Plan proposes densities that exceed those allowed under this urgency ordinance. In a
preliminary review of the application, staff has concerns regarding the density and
design of the project and its impacts on public services. The Specific Plan, as proposed,
poses a threat to public health, safety, and welfare, as identified in Section 4. Staff will
continue to work with the applicant to ensure that the project complies with the Interim
regulations as defined in this urgency ordinance. Staff has also met with the General
Plan Update consultant and the Planning Commission subcommittee regarding future
development standards and the planning process for the Chino Cone and adjacent
areas.
SECTION 7. Interim Requlations. From and after the date of this Interim Urgency
Ordinance, until the adoption of revised regulations, neither the Planning Commission
nor the City Council shall approve a discretionary land use development entitlement or
discretionary land use permit relating to development within the nine (9) Planning
Areas defined on Exhibit "A" without: (1) the approval of a speck plan, (2) consistency
with the density of development and other standards set forth on Exhibit "B," (3) a
complete environmental review, (4) compliance with community planning
requirements, and (5) submission of adequate traffic, circulation, infrastructure, and
other planning improvements identified in Section 3.
SECTION 8. CEQA Findinq. The City Council hereby finds that there Is no possibility
that the adoption of this Interim Urgency Ordinance and the concomitant extension of
the interim development standards established in the initial interim urgency ordinance
and extended in the second interim urgency ordinance will have a significant effect on
the environment. This finding is supported by the following facts: (1) this ordinance
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authorizes the undertaking of feasibility and planning studies; and (2) any
development which may occur pursuant to the interim standards will not be approved
until a complete environmental evaluation of the proposed project has occurred. This
Ordinance is therefore exempt from California Environmental Quality Act review
pursuant to 14 California Code of Regulations Section 15262.
SECTION 9. Grandfatherinq. This Interim Urgency 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
Interim Urgency Ordinance, scheduled a complete application for consideration by the
applicable legislative body of the City for public hearing and possible action.
SECTION 10. Vote Required for Adoption of Ordinance. This Interim Urgency
Ordinance is enacted pursuant to the authority conferred upon the City Council of the
City of Palm Springs by Government Code Section 65858, 36934, and 36937, and
upon its adoption by a four-fifths (4/5) vote of the City Council, shall be in full force
and effect on 12:01 am on October 15, 2005 and shall expire at 12:01 am on October
15, 2006.
SECTION 11. 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.
PASSED AND ADOPTED THIS DAY OF 2005.
AYES:
NOES:
ABSTAIN:
ABSENT:
RONALD ODEN, MAYOR
ATTEST:
James Thompson, City Clerk
APPROVED AS TO FORM:
Douglas Holland, City Attorney
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EXHIBIT "B"
CHINO CANYON SPECIFIC PLAN AREA INTERIM ZONING REGULATIONS
CREATING SPECIFIC PLAN AREAS FOR CHINO CANYON, SNOW CREEK,
AND SOUTH SIDE OF HIGHWAY 111 CORRIDOR BETWEEN GATEWAY
DRIVE AND CITY LIMITS
SPECIFIC PLAN AREAS
The City Council has determined that the Chino Cone, Highway 111 Corridor, and
Snow Creek areas need a detailed and comprehensive land use planning program
which balances City economic development, land use, open space, recreation, scenic,
and neighborhood considerations. The City's General Plan recognizes the value of the
Chino Cone area by stating "Chino Cone offers unparalleled dimensions in recreational
and resort living potential." The General Plan also states that land uses and policy
should "stimulate development of the highest quality." The General Plan provides
property owners the option of proposing either a Specific Plan or Planned Development
District as the mechanism to proposed development in the Chino Cone area. The
purposes of this Interim Zoning Regulation is to ensure that General Plan objectives
and policies are met by requiring a Specific Plan for all proposed development within
the areas covered by this Ordinance.
The area covered by this Ordinance has been divided into nine (9) Specific Plan Areas.
Nothing in this Ordinance is intended to prohibit the combining of Specific Plan Areas
for purposes of developing a Specific Plan. Additionally, Specific Plan boundaries may
be adjusted as part of the Specific Plan approval process.
The required Specific Plans shall provide a comprehensive land use plan which must
comply with the goals and policies of the General Plan and this Ordinance. Each
Specific Plan shall include a detailed land use evaluation to assign land use and density
to ensure that land uses are fairly allocated to all properties with potential development
opportunities. An Environmental Impact Report 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.
This Ordinance is organized to provide General Requirements which are applicable to
all Planning Areas and then specific requirements for each of the nine (9) Planning
Areas.
GENERAL REQUIREMENTS
COMMUNITY PLANNING REQUIREMENT
Prior to the preparation of any required Specific Plan, the project proponent, developer,
and/or developers shall fund a comprehensive community planning program that shall
be conducted in conjunction with by the City. The results of this program will be to
develop a Strategic Management Plan for the preparation, public review, and
12
processing of each required Specific Plan. Public involvement will be required
throughout the Specific Plan and development entitlement process. It is encouraged
that a consulting firm with specialty expertise in community planning and involvement
programs be hired to ensure that the intent of this section is complied with.
CIRCULATION / ROADWAYS/TRAILS PLANNING REQUIREMENT
1. A roadway alignment ( study) for all major, secondary, collector, and local
roadways as shown in the General Plan shall be prepared as part of each Specific Plan.
2. The study shall include a traffic analysis for the entire Chino Cone or
specific planning area (Planning Areas #8 and# 9) and shall include a
comprehensive roadway, bikeway, and trails plan. Design standards for each
roadway shall be developed including special roadway sections, median islands,
landscaped parkways, decorative, and safety lighting Roadway location, alignment,
and design shall be designed to take advantage of view corridors, active and
passive recreation, and buffer views of proposed development. Perimeter walls
shall be discouraged in favor of expansive parkways and fencing which has limited
exposure and views to public and private roadways.
3. Each Planning Area shall provide circulation and roadway improvements
that provide adequate circulation and access to adjacent properties.
4. A bikeway, sidewalk, equestrian trail, and hiking trail plan shall be
developed to provide recreational amenities and trail linkages. A hiking,
equestrian, and bike trail system which provides linkage between Planning Areas
shall be provided. Area wide regional trails shall be provided which provide access
to existing trails and provide trail linkages within the Planning Area.
LARGE-SCALE RESORTS
Large-scale resorts (LSRs) are intended to provide for expansion of the City's
Tourism base and increase transient occupancy tax LSRs may include a variety of
visitor-serving land uses including resort hotels, hotels, guest ranches and lodges,
other resort residential uses, and accessory commercial uses for use by visitors
and guest. There are currently three (3) large-scale resorts within the Chino Cone
Specific Plan Areas. The LSR located in Planning Area #6 is deleted for purposes
of this Urgency Ordinance. A large-scale resort may be permitted in the areas
shown on the General Plan provided the following minimum property development
standards are complied with:
1. Large-scale resorts shall not be located within 1,000 feet of any existing
single-family residential development located south of Highway 111 as of the
effective date of this Ordinance.
13
2. A minimum of 75% of the-project site shall be devoted to open space and
recreational land uses.
3. A large-scale resort shall include a minimum of forty (40) acres.
4. Building height shall be limited to thirty (30) feet in height. Additional building
heights may be permitted per the General Plan within a Specific Plan area
provided it can be demonstrated that adequate setbacks and view corridors are
provided.
5. All other LSR requirements as specified in the General Plan shall apply.
WATER CONSERVATION
For all developments located within the boundaries of this Ordinance, the Specific
Plan shall include a comprehensive water availability analysis and water
conservation program. Water availability analysis shall comply with the provisions
of SB 221 and SB 610 with the exception that such analysis shall be required for
all Specific Plan areas except Planning Areas Nos. 2 (Shadowrock) and 5 (Visitors
Center). The future use of treated wastewater effluent for golf course areas shall
be evaluated and considered. Each Specific Plan shall include an outdoor water
conservation element which emphasizes comprehensive outdoor conservation
programs for all landscape, restored desert areas, and water features. Turf and
"Ornamental plants shall be minimized wherever feasible. Use of turf shall be
limited to active recreation areas such as golf courses, tennis, event areas and other
active recreation areas.
RECREATION AND OPEN SPACE
Each Specific Plan shall include a recreation and open space element. Desired
recreation and open space amenities include passive and active recreation. Each
Specific Plan area shall have linkages and continuity of recreation and open space
amenities. Recreation areas and open space shall have a public access component.
Natural desert areas with or without an active recreation component are encouraged.
On-site private recreation amenities shall meet or exceed General Plan criteria. Public
recreation areas and specialty parks and other amenities shall be provided in
accordance with the General Plan.
Each Spec Plan area shall be required to consider and provide for mitigation of the
loss of habitat for state and federally listed endangered species. Mitigation may
include habitat restoration, on-site open space, off-site open space acquisition or
financial contribution to enhance habitat or acquire off-site mitigation. The
Environmental Impact Report shall address biological impacts and shall consider
local, state, and federal conservation programs. Conservation Areas. All areas
currently designated Conservation on the General Plan shall maintain this designation
and comply with all current General Plan and Zoning Regulations.
14
i
INFRASTRUCTURE AND PUBLIC SERVICES
A comprehensive program for the provision for and development of all required
infrastructure and public services shall be included in each Specific Plan. Participation
and/or financial contributions for public infrastructure and services shall be provided to
meet the needs of the project and community.
FISCAL IMPACT ANALYSIS
Each Specific Plan shall have a comprehensive Fiscal Impact Analysis prepared
under the direction of the City which demonstrates that all infrastructure and public
services are provided for without becoming a burden on the City.
EXISTING LOTS OF RECORD
The Specific Plan requirement shall not apply for development of a single-family
residence on an existing lot of record as of the effective date of this Ordinance. All
proposed single-family residential uses shall comply with the Section 92.01.00 R-1
SingleFamily Residential Zones property development standards, shall comply with
Section 94.04.0 Architectural Review, and if applicable, Section 93.13.00 Hillside
Developments.
SPECIFIC REQUIREMENTS
The following Planning Areas and development criteria have been established based
upon property ownership, parcel configuration, topography, and other planning
considerations:
PLANNING AREA # 1 - PALM SPRINGS AERIAL TRAMWAY: This area includes the
Palm Springs Aerial Tramway Valley Station and accessory improvements. All current
codes and ordinances shall apply to all properties owned, leased or managed by the
Palm Springs Aerial Tramway. All other properties shall be limited to one (1) dwelling
unit per 40 acres. Allowable land uses and property development standards in Section
92.21.01 "O" Open Land Zones, Palm Springs Zoning Ordinance (PSZO), shall apply.
PLANNING AREA # 2 - SHADOWROCK: This area shall be designated Development
Agreement #2 per Section 94.08.05, Palm Springs Zoning Ordinance (PSZO). This
Planning Area shall be developed in accordance with Section 94.08.05 Shadowrock
Development Agreement, PSZO. This Development Agreement and related land use
approvals provide for the ultimate development of a destination resort project
consistent with the General Plan. The project is composed of: (a) an eighteen (18)-
hole championship golf course, clubhouse, and driving range; (b) one hundred thirty-
five (135) single-family and luxury estates, (c) ten (10) luxury bungalows, (d) two
hundred (200) luxury condominiums, and (e) a sixty (60) unit hotel building and
spa/fitness/tennis facility. The Shadowrock Development Agreement also approved
15
two (2) alternative development scenarios as to the hotel and tennis facility phase:
(i) alternative 1 being a four hundred ninety (490) unit hotel, and (ii) alternative 2
being two hundred eleven (211) single-family and luxury estate homes.
PLANNING AREA #3 - AGUA CALIENTE BAND OF CAHUILLA INDIANS LANDS:
This is Agua Caliente Indian Reservation and all lands within this Planning Area are
Indian Land. This area is designated single-family residential development with a
maximum density of two (2). units per acre. Minimum lot size shall be 20,000 square
feet of net lot area for a traditional single-family residential subdivision. Density
transfers and clustering of residential units shall be permitted in conjunction with the
development of a resort championship golf course or significant natural open space
and/or recreation areas. Property development standards including but not limited to
building height, setbacks, lot coverage, landscaping, and exterior lighting shall be
established in the Specific Plan.
PLANNING AREA # 4 - TRAMWAY SOUTH: This area is designated very low-
density residential development with a maximum density of two (2) units per acre.
Minimum lot size shall be 20,000 square feet of net lot area for a traditional single-
family subdivision. Density transfers and clustering of residential units shall be
permitted in conjunction with the development of a resort / -of championship golf
course only or development of significant natural open space and/or recreation
areas. Property development standards including but not limited to building height,
setbacks, lot coverage, landscaping, and exterior lighting shall be included in the
Specific Plan. Access to Planning Area # 4 shall be Tramway or Racquet Club Road
only. Emergency access to existing roadways located east shall be required. A
specialty park shall be provided in accordance with the General Plan designation.
PLANNING AREAS # 5 and 5-A - VISITORS' CENTER: This Planning Area shall be
limited to, single-family and multi-family residential development, (four to six (4-6)
units per acre) resort commercial, hotels, resort hotels, visitor serving activities,
retail, and public and quasi public parking. Property adjacent to the Palm Springs,
Visitors' Center shall be a mixture of hotels, resort, commercial, and other related
uses. The Specific Plan shall require consideration for enhancing the existing Palm
Springs Visitors' Center, designation of a fire station site, and the Palm Springs
Aerial Tramway. Property development standards including, but not limited to, land
use intensity and density, building height, lot coverage, landscaping, parking, and
exterior lighting shall be included in the Specific Plan.
The Area designated as Planning Area 5-A is the property surrounding the existing
Palm Springs Visitors' Center and Palm Springs entry way sign. The City Council
has determined that property surrounding the Visitors' Center ( a portion of
Assessors Parcel # 504-040-045, and -001) may be developed with a focused
Specific Plan provided the proposed land uses are complementary and compatible
with the Palm Springs Visitors' Center. Permitted land uses shall be resort hotels,
hotels, tourist related commercial uses, restaurants (no fast food or drive-thru),
16
entertainment, public facilities, public parking, retail, and multi-family residential. All
land uses shall be compatible with surrounding land uses.
A detailed analysis of the North Plan Canyon Drive (State Highway 111) street
frontage shall be prepared which provides for expansive parkways, view corridors,
screening of development, and landscape shall be included in the Specific Plan.
PLANNING AREA # 6 - CHINO CANYON GATEWAY: This area is very low-density
residential development with a maximum density of two (2) units per acre. Minimum
lot size shall be 20,000 square feet of net lot area for a traditional single-family
subdivision. Density transfers and clustering of residential units shall be permitted in
conjunction with the development of a resort championship golf course or
development of significant natural open space and/or recreation areas. Property
development standards including but not limited to building height, setbacks, lot
coverage, landscaping, and exterior lighting shall be included in the Specific Plan.
A detailed analysis of the North Palm Canyon Drive (State Highway 111) street frontage
shall be prepared which provides for expansive parkways, view corridors, screening of
development, and landscape shall be included in the Specific Plan.
PLANNING AREA # 7 - CHINO CREEK: This Planning Area shall be limited to
watercourse and public recreation uses This Planning Area may be merged with
Planning Areas Nos. 2, 3, 6, or B for planning purposes and development purposes.
Land uses shall be limited to public parks, golf course, and trails (equestrian, mountain
bike, and hiking). The property surrounding the large rock outcropping adjacent to
Highway 111 (North Palm Canyon Drive) shall be considered for a National Monument
Visitors' Center, trail head, and other related uses. Existing view corridors shall be
maintained.
PLANNING AREA # 8 - HIGHWAY 111 CORRIDOR: This Planning Area shall be
limited to very low-density residential development not exceeding two 2 units per acre.
The purpose of this Planning Area is to preserve the rural character of the area and to
allow low-density residential development. Also included in this Planning Area is the
need for a public recreation amenity which could include a public park, trail head or
other related public recreation and open-space amenities. A density transfer and/or
density bonus not to exceed a total of three (3) dwelling units/acre may be allowed in
conjunction with the clustering of residential units associated with the development of
significant open space, recreational areas, and/or golf course. The existing public
recreation designation located on its western boundary. The Specific Plan for this area
shall consider alternatives including a public park amenity and relocation of this
designation to the westerly area to provide for an opportunity for a Santa Rosa and San
Jacinto Mountains National Monument Visitors' Center. Single-family dwellings on
existing lots of record as of the date of this Ordinance may be developed in accordance
with the existing General Plan Policy(3.32.2).
17
PLANNING AREA # 9 - SNOW CREEK: This Planning Area is limited to conservation
of the existing watercourse and very low-density residential development Residential
development shall be limited to one to two units per acre for property located outside of
the flood plain. Development should be clustered to provide substantial natural open
space and buffer to the hillside areas.
18
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L/FOAN�' i"-- i T F'i 1J; ��
cirY cUr--iCITY COUNCIL REPORT
DATE:September 30, 2005
SUBJECT: THE CHINO CONE AND ADJACENT AREAS INTERIM URGENCY
ORDINANCE ACTION REPORT
THROUGH: David H. Ready, City Manager
BY: Tom Wilson, Assistant City Manager- Development Services
BACKGROUND
On October 20, 2004, the City Council of the City of Palm Springs, California, adopted
an Interim Urgency Ordinance No. 1663 which was intended to provide an opportunity
to initiate the creation of a new planning process for the Chino Canyon Cone, Snow
Creek, and the south side of the Highway 111 corridor.
On December 1, 2004, the Palm Springs City Council adopted Ordinance No. 1664, an
Interim Urgency Ordinance which extended interim development regulations for the
Chino Canyon Cone and adjacent areas through October 15, 2005, a period often (10)
months and fifteen (15) days.
The Interim Urgency Ordinance and the extension of the Ordinance were adopted to
protect the public safety, health, and welfare and allow the City Council the opportunity
to evaluate land use density and intensity, land use patterns, all property development
standards, including open space, recreation, and conservation; and provide for
community participation in a public planning process related to the preparation of the
required Specific Plans. The adoption of the Ordinances also directed staff to prepare
a comprehensive study and analysis of the properties governed by the Ordinances.
The comprehensive study shall include master planning of roadways, traffic analysis,
bikeways, trails, water conservation, infrastructure needs, land use density, open
space, and environmental and fiscal analyses.
Pursuant to Government Code Section 65858(a), which authorizes and governs the
adoption of interim urgency land use ordinances, the City Council may grant a second
City Council Report -2- September 30, 2005
and final time extension of the Interim Urgency Ordinance for no more than one (1)
year.
MEASURES TAKEN TO ALLEVIATE THE CONDITION
LEADING TO THE ADOPTION OF THE ORDINANCE
Since October 2004, the northerly portions of the City of Palm Springs have continued
to experience focused and rapid growth which impacts the City's infrastructure and its
capacity to deliver public services. All sectors of the community are concerned about
future development and the intense growth in this area of the City.
In response to these conditions, private citizens of the City of Palm Springs organized
to exercise their initiative authority which ultimately resulted in the Mountain
Preservation Initiative. This Initiative was placed before the voters of the City of Palm
Springs as Measure B in a Special Election called bythe Palm Springs City Council and
held on March 9, 2005. The Initiative covered more than 55 square miles of the City,
including the Chino Cone Area, and featured the establishment of a General Plan land
use designation of"Mountain Region." This "Mountain Region" land use designation
provided for no more than one (1) single-family residence per forty (40) acre parcel of
"Mountain Region" land.
While the Initiative was not approved by voters, the community's interest in the future
development in the Chino Canyon Cone and adjacent areas was vigorously stimulated
and intensified by the community's discussion, analysis, and debate of the Initiative's
provisions.
A direct and immediate product of the failed Initiative, Measure B, was the formation of
a private citizens committee which organized itself as a private Citizens Task Force with
the declared purpose of constructively pursuing potential solutions of the disparate and
divisive issues surrounding the development of new land use policies for the Chino
Canyon Cone and adjacent areas. The Task Force presented its initial proposal to the
City Council on September 14, 2005, and to the community-at-large on September 17,
2005.
Since its publication in September 2005, the Citizens Task Force's proposal has
generated community-wide interest and dialogue in it's land use and development
proposals for the Chino Canyon Cone and adjacent areas. The Task Force intends to
continue its public outreach and receive input to shape its final recommendations.
At the direction of the Palm Springs City Council, staff has undertaken a
comprehensive review and updating of the City's General Plan. This General Plan
Update is guided by the Planning Commission and its Committee which is assisted by
City Council Report -3- September 30, 2005
the Palm Springs Planning Department staff. The Planning Center has been retained
as the primary consultant to the General Plan Steering Committee.
In relation to the Chino Canyon Cone and adjacent areas, the Steering Committee and
staff have been working to review, analyze, and incorporate appropriate land use
policies and programs consistent with the direction of Council provided in the Interim
Urgency Ordinance into the General Plan Update,while carefully monitoring community
and the Citizens Task Force input.
City staff has also continued to meet with property owners to discuss future land uses,
planning processes, and potential development. In addition, since August 2005 staff
has begun to specifically prepare a staffing and consultant needs assessment and
time-line for the execution of the studies and analyses called for in the Interim Urgency
Ordinance. All of the staff and community-based efforts are positively focused on
providing, within a year, new land use designations and appropriate development
processes and standards for the Chino Canyon Cone and adjacent property areas.
9A�M SA
01
-�' City ®f Palm Springs
c
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* Office of the City Cleric
* bap<Opp1E0 9Aa * 3200 F.Tahguitz Canyon Way ® Palm Springs, California 92262
,9 \P Tel: (760) 323-8204 • Fax: (760) 322-8332 • Web. wwwa.pahn-springs.ca.us
`eroRN
AFFIDAVIT
OF
MAILING NOTICES
I, the undersigned City Clerk of the City of Palm Springs, California, do hereby
certify that a copy of the Notice of Public Hearing, Interim Urgency Ordinance,
adopting interim urgency regulations for the Chino Cone and adjacent areas and
Notice of Exemption from the California Environmental Quality Act, October 12,
2005, was mailed to each and every person set forth on the attached list on the
30th day of September, 2005, in a sealed envelope, with postage prepaid, and
depositing same in the U.S. Mail at Palm Springs, California.
I declare under penalty of perjury that the foregoing is true and correct.
Dated at Palm Springs, California, this 4th day of October, 2005.
/AMESc THOMPSON
City Clerk
Post Office Box 2743 0 Palm Springs, California 92263-2743
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
INTERIM URGENCY ORDINANCE
Adopting Interim Urgency Regulations for the Chino Cone and Adjacent Areas
and Notice of Exemption from the California Environmental Quality Act
Applicant: City of Palm Springs
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,
California, will hold a Public Hearing at its meeting of October 12, 2005. The City
Council meeting begins at 6:00 p.m. in the Council Chamber at City Hall, 3200 East
Tahquitz Canyon Way, Palm Springs.
The purpose of the Hearing is to consider the extension, for one (1) year, of the Interim
Urgency Ordinance adopting interim urgency regulations for the Chino Cone and
adjacent areas pending the completion of studies and the preparation of an update of
the City's development regulations for these areas. The current Interim Urgency
Ordinance expires October 15, 2005.
Pursuant to Government Code Section 65858(a), the City Council finds that the current
I standards for development within the Urban Reserve classification, as applied to the
Chino Cone and adjacent areas, may be too broad and create a current and immediate
threat to the public health, safety, or welfare.
This Ordinance would establish interim regulations for nine (9) Planning Areas while
permanent development standards for the Planning Areas are studied. Prior to
development in any of the nine (9) Planning Areas, the interim regulations require that a
specific plan be approved for the entire Planning Area, which would allow development
to continue, although more consistent with the standards being studied for the
permanent regulations. The interim regulations would include new density standards
that would reduce the overall density of the Chino Cone and adjacent areas by
approximately 54%. In addition, the interim regulations would require that any
proposed specific plan include a program to address infrastructure, transportation
including bikeways and trails, recreation and open space, water conservation and
availability analysis in compliance with SB 221 and SB 610, and a fiscal impact
analysis. A new community planning requirement includes the preparation of a
strategic management plan that would guide the preparation, public review/involvement,
and processing of each specific plan.
The City of Palm Springs, in its capacity as the lead agency for this project under the
California Environmental Quality Act (CEQA), evaluated the potential environmental
impacts of the Ordinance. Pursuant to Section 15262 of CEQA, this Ordinance is
exempt from environmental review whereas this Ordinance authorizes the undertaking
of feasibility and planning studies and any development which may occur pursuant to
the interim standards will not be approved until a complete environmental evaluation of
the proposed project has occurred.
REVIEW OF INFORMATION: The staff report and other supporting documents
regarding this matter are available for public review at the City Hall between the hours
of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the City Clerks
Department at (760) 323-8204 if you would like to schedule an appointment to review
these documents.
COMMENT ON THIS ORDINANCE: Response to this notice can be made verbally at
the Public Hearing and/or in writing before the hearing. Written comments can be made
to the Palm Springs City Council by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
P.O. Box 2743
Palm Springs, CA 92262
If any group challenges the action in court, issues raised may be limited to only those
issues raised at the Public Hearing described in this notice or in written correspondence
at, or prior to, the City Council Hearing. An opportunity will be given at said Hearing for
all interested persons to be heard. Questions regarding this case may be directed to
Thomas J. Wilson, Assistant City Manager, at 760-323-8248.
Si necessita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede
hablar con Nadine Fieger telefono 760-323-8245.
jItyes Thompson
lerk
r �
L�lYil �i i �" �lll Nc. 3734
7„,,�,.. NOTICE OF PUBLIC HEARING
I.''l' : j i V I'tt' J'J�' NOTICE OF CITY COUNCIL MEETING
PROOF OF Pt%t d� N CITY OF PALM SPRINGS
l� /� 7�71 INTERIM URGENCY ORDINANCE
(2015.S.C.C.P) Adopting Interim Urgency Regulations
for the Chino Cone and Adjacent Areas
and Notice of Exemption from the
California Environmental Quality Act
Applicant: City of Palm Springs
NOTICE IS HEREBY GIVEN that the City Council
of the City of Palm Springs, California,will hold a
Public Hearing at its meeting of October 12,
2005 The City Council meeting begins at 6.00
pp nn in the Council Chamber at City Hall, 3200
Last Tahquitz Canyon Way, Palm Springs.
STATE OF CALIFORNIA The ur ose of the Hearin
County of Riverside P p � ) year,g is<e consider Inge ncy
Ordinn, e one 1te m the Interim ul eon
Ordinance adopong interim urgency regulations
far the Chino Cone and adjacent areas pending
the completion of studies and the preparation of
1. update of the aCity'scur development regulations
mince these areas.The sober 15,Interim Urgency Ordi-
nance expires on October 15, 2005.
Pursuant to Government Code Section 65658(a),
the City Council finds that the current standards
for development within the Urban Reserve classi-
I am a Citizen of the United states and a resident Of fication, as applied to the Chino Cone and bell
cent areas, may be too broad and create a cur-
the County aforesaid;I am over the age of eighteen rent and immediate threat to the public health,
years,and not a party to or interested in the safety, or welfare
above-entitled matter.I am the principal Clerk Of a This Ordinance has established interim regula-
tions for nine(9) Planning Areas while permanent
printer of the,DESERT SUN PUBLISIIING development standards for the Planning Areas are
COMPA studied. Prior to development in any of the nine
NY a newspaper Of general circulation, 9) Planning Areas, the reenm regulations require
printed and published in the CityOf Palm S fill' tthat a specific plan be app raved foi the enure
p gs, Planni g Area, which wcultl allow development to
County of Riverside,and Which newspaper has b¢¢n continue, although more consistent with the stan-
adjudged anewspaper of general cirenlation by the Bards being studied for the Pei anent regula-
tions.The 'interim regulations include new density
standards that reduce the overall density of the
Superior Court of the County of Riverside,State of Chino Cone and adjacent areas by approximately
California under the date of March 24,1988.Case that any addition, s interim regulations require
y proposed specific plan include a arc-
re
Number 191236;that the notice,of Which the gram to address Infrastructure, transportation in-
cluding bikeways and trails, recreation yaynd open
annexed is a printed COPY(set in type not smaller' ric space,water conse with 58 n ananda la 6 n g10a adsia
than non pariel,has been published in each regular fiscal impact,analysis. A new community planning
and entire Issue Of said newspaper and not In any requirement includes the preparation a strate-
gic manygement plan that would guide the prepa-
Supplement thereof on the followingdates to wit: ration, public review/involvement, and processing
e of each specific plan.
The October 1,2005 lead agencygy for thialm s rings, t Its capacity it the
project under the California
_____ _ - Environmental Quality Act (CEQA, evaluated the
potengal environmental imppacts of the Ordinance.
Pursuant to Section 15262 of CEQA, the Ordi-
nance is exempt from environmental review
--------------------------------------------------------------- whereas the Ordinance authorizes the undertaking
of feasibility and planning studies and any devel-
All in the year 2005 opmerit which may occur pursuant to the interim
standards w 11 not be approved until a complete
I certify(or declare)under penalty of perjury that the environmental evaluation of the proposed project
foregoing is true and Correct. has occurred.
REVIEW OF INFORMATION:The staff report and
other supporting documents regarding this matter'
Dated at Palm$pr'ngs�C�aliLoruia this-----1''t,-•--day are available for public review at City Hall be-
tween the hours of 8.00 a m.and 5:00 p.m.,Mon-
day through Fridayy. Please contact the Office of
the City Clerk at(760)323-8204 if you would like
Of---------- fOBE$-- --_-_--' --_---_----2005 uraints. le an appointment to review these doc-
/ COMM.
---_ , Hearin and/or in HIS ORDINANCE: Response to
/ this notice may be made verbally at the Public
` / ten Citycomments may
before the Pent .Writ-
CO EN ON T
SI'Mhlr'.ey be made to the Palm pangs
sting (mailed or hand delivered)
James Thompson City Clerk
3200 E. Tahquitz canyon Way
Palm Springs, CA 92262
+ If any group challenges the action In court, issues
p raised may' be limited to oily those issues raised
at the Public Hearing described in this notice or
in written correspontlence at, or prior to,the City
Council Hearing. An opportundy will be given at
said Hearing for all interested persons to be
heard. Questions regarding this case may be di-
rected to Thomas J. Wilson, Assistant City Man-
ager, at 760-323-8248.
SI necessita ayuda con safe carts, portavor Ilame
a la Ciudad de Palm Springs y puede hablar con
Nadine Finger telefono 760-323-8245,
James Thomp
City Cson
Published October 1, 2005 lerk
I<pp,LM S,o
A° City ®f Palm Springs
V N
* . Office of the City Clerk
ry00^'^oR/aep •e " 3200 E.Tahquitz Canyon Way • Palm Springs, California 92262
'9' dpR®g �P Tel: (760)323-8204 ° Fax: (760) 322-8332 ° Web. wwwci.palm-springs.ca.us
N
October 7, 2005
Ms. Claudia Salgado
Bureau of Indian Affairs
901 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Ms. Salgado:
RE: City Council Meeting — October 12, 2005
Interim Urgency Ordinance
The City Council of the City of Palm Springs will be conducting a public hearing relating to the
above referenced subject on October 12,2005. Following this transmittal letter is a copy of the
public hearing notice to be forwarded to the appropriate Indian landowner(s) within the 400 ft.
radius of the project location.
The parcels of Indian owned land within the 400 ft. radius of the project are listed below:
504-020-009 506-030-008
504-020-010 669-300-002
Please feel free to contact me if there are any questions or concerns, 323-8206.
Sincerely,
Kathie Hart, CMC
Chief Deputy City Clerk
/kdh
Attachment: Public Hearing Notice
Post Office Box 2743 • Palm Springs, California 92263-2743
10/07/2005 09:36 FAX 760 322 8332 Palm Springs City Clerk C�]i. 001
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CONNECTION TEL 94162687
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�° 1 City of Palm Springs
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Office of the City Clerk
oeno•.,�a�°� # 3200 E.Tahquicz Canyon Way • Palm Spriags,California 92262
[,44
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FORN�P d: (760) 323-8204 • F•=(760)322-8332 • Web: www,ci.pam-springs.Ua.us
i
October 7, 2005
Ms. Claudia Salgado
Bureau of Indian Affairs
901 E. Tahcluitz Canyon Way
Palm Springs, CA �2262
i
Dear Ms. Salgado:
RE: City Council Meeting —October 12, 2005
Interim Urgbncy Ordinance
The City Council of!the City of Palm Springs will be conducting a public hearing relating to the
above referenced subject on October 12,2005. Following this transmittal letter is a copy of the
public hearing noble to be forwarded to the appropriate Indian landowner(s) within the 400 ft.
radius of the project location.
The parcels of Indijian owned land within the 400 ft. radius of the project are listed below:
504-020-009 506-030-008
504-020-010 669-300-002
Please feel free to contact me if there are any questions or concerns, 323-8206.
Sincerely, j
Kathie Hart, CIVIC
Chief Deputy City Clerk
Page 1 of 1
Kathie Hart
From: Jay Thompson
Sent: Friday, October 07, 2005 9:23 AM
To: Kathie Hart
Subject: FW: Chino Cone - BIA- Indian Landowners/Alottees
Importance: High
Kathie, please make sure the BIA gets faxed notices today, for the Chino Cone hearing. THANKS, Jay
From: Loretta Moffett
Sent: Friday, October 07, 2005 9:18 AM
To: Jay Thompson
Cc: Joanne Bruggemans
Subject: Chino Cone - BIA- Indian Landowners/Alottees
Importance: High
I'm sorry for the confusion in this project. We notify the BIA who in turn notifies the Indian landowners/Alottees. The BIA does not
give out the names of their Tribal members who own land.
We can either fax a copy of the notice and request or we can mail:
Here are the APN numbers for the four(4) Indian parcels:
504-020-009
504-020-010
506-030-008
669-300-002
The fifth notice originally sent to the BIA was for their file.
I am attaching a copy of the "general" request that is sent when there is Indian land involved. Please edit as needed.
BIA address is
Bureau of Indian Affairs
Attn: Ms. Claudia Salgado and/or
Ms Bernadine Saldana
PO Box 2245
Palm Springs, CA 92263-2245
Their Fax is: 416-2687
10/7/2005
BEST BEST & KRIEGER LLP
A CALIFORNIA LIMITED L ILIIY PA ERSHIP INCLUDING PROFESSIONAL CORMNATONS
INDIAN WELLS LAWYERS SAN DIEGO
(760)568-261 I 3750 UNIVERSITY AVENUE (519)525-1300
POST OFFICE BOX 1028 -
ONTARIO RIVERSIDE, CALIFORNIA 9250P-1028 ORANGE COUNTY
(9OG)089-8584 (951)656-1450 (949) E53-2800
(95 1)685-3003 FAX -
BBKLAW.COM SACRAMENTO
(91 6)325-4000
MICHAEL GRANT
(95 1) 826-83 I I
MICFIAEL.GRANT@BBKLAW COM
FILE No. 14322.00208 a -_
October 6, 2005 >
By CERTIFIED MAIL
RETURN RECEIPT REQUESTED °
The Honorable Mayor and City Council of the City of Palm Springsw
4a
3200 East Tahquitz Way
Palm Springs, CA 92262
Re: Extension of Chino Cone Interim Urgency Ordinance
Dear Mayor Oden and Members of the City Council:
The Interim Urgency Ordinance regarding development within the Chino Cone
will soon expire. State law allows a one year extension of the Urgency Ordinance. We
understand that the City Council will consider extension of the Urgency Ordinance at its October
12, 2005 meeting. The purpose of this letter is to urge the Council to extend the Urgency
Ordinance in its current form.
During the past year, the Urgency Ordinance has brought a degree of stability to
development issues involving the Chino Cone. This firm represents Century Vintage Homes.
Consistent with the Urgency Ordinance, Century has proceeded with the community planning
requirement. With dates approved by the City, Century will have already held its first
communiy meeting prior to the Council's October if" meeting. Working closely with staff, we
intend to continue with the process established under the Urgency Ordinance.
We very strongly urge the City Council to extend the Urgency Ordinance for an
additional one year period, without amendment.
V rly O
ichael r t
of BEST BEST &KRIEGER LLP
cc: Douglas C. Holland, City Attorney
Centny Vintage Homes pry
R.VBUS\MG\6895361 p
\d °� 9 ,0( _ N'1
Oct 11 2005 4: 57PM Simon R. Housman Attorney 7S'O 3294985 p. 2
G "
SIMONA. HOUSMAN
2430 Palermo Drive )3(ji.,'f i 2 AH, 10' U6
Palm Springs, CA 92262
(760) 323-4937a);U�tf's�1: `.
October 11, 2005
VIA FACSIMILE 323-8282
The Hon.Ron Elden and Members
of the Palm Springs City Council
3200 East Tahquitz Canyon Way
Palm Springs CA 92262
Re: Chino Cone Emergency ordinance Extension
Dear Mr. Mayor and Cbuncilpersons:
The City Council is considering the extension of the emergency ordinance regarding the Chino Cone
at its meeting October 12,2005. That is Erev Yom Kippur and I will be in services at a synagogue.
Unfortunately, I will not be able to speak to you personally at this meeting regarding this issue.
Please accept this letter in my absence.
In the recent year or so,a great many people have become concerned regarding the northern Highway
111 area of Palm Springs. We should not forget the history of this unfortunate area.
Almost 40 years ago,the City of Palm Springs,in the name of urban renewal,involuntarily relocated
apart of its population to that portion of the City. There,those neighborhoods and those people were
allowed to languish while the rest of the City thrived and grey,* Prior to Mountaingate,the City of
Palm.Springs was condemning houses and lots for demolition in those neighborhoods.
Century Homes was the first developer willing to risk its capital in the northern end of Palm Springs
in many years. Mountaingate was the fulcrum which lifted the properties around it. They are now
escalating in price. The homeowners in that community are beginning to enjoy the economic
benefits which the rest of our City has had. Now, in the name of preserving the view,voices are
raised to again suppress development in that part of our community. The rooftops of Mountaingate
will be concealed behind the trees in another year or two. Likewise,careful planting and design will
shield the development on the north side of the road from view.
But that development is necessary to support the economic life of our community. There is still a
largely vacant shopping center at the corner of Racquet Club and Highway 111,which will remain
vacant until there are enough homes in the area to support its economic life.
F p� �
Oct tt 2005 4: 57PM Simon R. Housman Rttorne:j 76O 3204895 P. 3
The Hon.Ron Laden,et al.
October 11,2005
Page 2
The portions of the Chino Cone down by the highway are exposed to growing traffic and noise.
They should be developed with a reasonable amount of density such as two to four units per acre
clustered. Further up the lone at the 1000'level, development of a destination resort or high-end
homes comparable to the old Las Palmas neighborhood are appropriate. In that area,two units per
acre are too many. Density down by Highway I I should decrease dramatically above the 1000,
level.
The recent task force on development of the Chino Cone completely omitted any plan for traffic
circulation. The traffic plan for the City of Palm Springs should include the extensions of Racquet
Club and Gateway Drive, forting a large loop for two accesses into the Chino Cone. Remember
that Tramway Road is aprivate easement. Whatever is developed up there,safety should require two
access roads,not merely one.
The City of Palm Springs is far ahead of other communities in preserving Murray Canyon,Andreas
Canyon,Tahquitz Canyon and the hillside. The Chino Cone has been planned for development for
over 40 years, and a fair compromise requires that the people who own land in that area be allowed
to develop their properties.
As you hear the voices of people now uncomfortable arith change, I hope you will remember this
history. There are many people in our community who will not come to your meeting whose voices
were ignored for many years. The people who live at the base of the Chino Cone desperately needed
and continue to need change. They need that past of the City to grow to continue to improve their
lives.
I urge you to extend the existing ordinance on its present terms, rather than imposing a delay or
moratorium on development which would further depress the area.
Your courtesy and cooperation are greatly appreciated.
Thank you,
SIMO A.HOUSMAN
SAH:jlc
October 2005
897 Tierra Lane
Palm Springs, CA 92262
760 323-7980
Mayor Ron Oden
Palm Springs City Councilmembers
As a former resident of the Chino Canyon area, and currently a homeowner in
the Mountain Gate community of Century Vintage Homes by Century Crowell, I
am well aware of the various concerns raised by residents and business owners
concerning the future development of Palm Springs, and in particular that of the
flat-land and hillside adjacent area of the North end of town.
I share the belief that while we may have different opinions on how to achieve
growth in this unique city, the interests of all are best served when that growth is
thoughtfully and carefully,planned. It is studied compromise that will move our
city forward, rather than ill-conceived contests of will by any one side.
My experience with Century Crowell has been a positive one, beginning with my
very first contact with staff and company executives. They have shown by their
actions the genuine concern about the quality of the communities which they
build, whether they are mid-range, such as Mountain Gate, or high-end, such as
their Gavilan Springs project. Century Vintage has proven they are more than
capable of building successful, inviting, and attractive high-end developments
throughout Riverside County.
I look forward to a visually appealing development by Century Vintage, sensitive
to the requirements of the community, for the proposed resort homes planned for
the northwest tract of desert beyond Tramway Road and Highway 111. 1 feel
strongly that Century Vintage will be able to provide our north end with the
positive, upscale appeal that visitors and locals will not only accept but admire.
Let us make good progress in bringing these types of quality developments to
our town along with the spendable incomes they attract.
For the short-term, Palm Springs sorely needs such well-heeled homeowners to
enrich the coffers of our businesses and our city. In the longer run, we need
these kind of communities to attract sophisticated homeowners with the
sensibilities not only to maintain but to further enhance the aesthetics of our
beautiful and diverse city.
Sincerely,AL
'✓ a
r:
Michael Arought c):D_
OCTOBER 10, 2005
MAYOR RON ODEN
CITY COUNCIL MEMBERS,
I AM A HOMEOWNER IN THE MOUNTAIN GATE COMMUNITY. I HAVE BEEN
LOOKING FORWARD TO MORE DEVELOPMENT IN THE NORTH PART OF
PALM SPRINGS. IF WE HAVE MORE DEVELOPMENT OF SINGLE FAMILY
HOMES MAYBE WE CAN FILL UP THE VACANT SHOPPING CENTERS AND
VACANT STORES. THIS WOULD ALL HELP OUR TAX BASE AS WE WOULD
HAVE MORE SPENDING IN THIS AREA. THE BUILDINGS ARE ALREADY
THERE SITTING VACANT NEAR RACQUET CLUB DRIVE AND NORTH PALM
CANYON.
I PERSONALLY WOULD LIKE TO HAVE SHOPPING CLOSE BY. I USED TO
SHOP AT LOEHMANS UNTIL THEY CLOSED. AN UPSCALE SUPER MARKET
WOULD BE GREAT, LIKE PAVILIONS OR MAYBE ANOTHER TRADER JOE'S.
THE ONLY WAY THIS IS GOING TO HAPPEN IS TO BUILD UPSCALE HOMES.
I BELIEVE THERE IS PLENTY OF ROOM ON FLAT OR NEAR FLAT LAND ON
THE WEST SIDE OF NORTH PALM CANYON,NORTH OF THE TRAM ROAD.
I HAVE NEVER THOUGHT THAT BUILDING ON THE STEEP MOUNTAIN WAS
NECESSARY OR SHOULD HAPPEN. IT COULD MAKE AN IMPRESSIVE EN-
TRANCE TO PALM SPRINGS. THE MOUNTAIN GATE I ENTRANCE IS REALLY
ATTRACTIVE ESPECIALLY AT NIGHT.
THANK YOU FOR YOUR ATTENTION,
POLLY CULTH L
783 MIRA GRANDE
PALM SPRINGS, CA 92262
ra
c
C C-0 i
r-1
October 2005
Mayor Ron Oden
City Council Members
As homeowners in the Century Vintage Homes development of Mountain Gate, I
cannot tell you how we're looking forward to a new North Palm Springs development
located on the Western side of Hwy I I I directly across from the Mountain Gate
community. Before Mountain Gate was developed, the entrance to Palm Springs seemed
quite sparse and unappealing. All we saw when entering Palm Springs was a gas
station, a traffic light, and the Information Center. Today, with the beautiful homes of
the Mountain Gate community, we can honestly say the overall appearance and appeal
has greatly improved. This appearance will only improve with another new development
on the West side of the highway. We know this will be true based on the high
standards to which Century Vintage Homes adhered in the development of Mountain
Gate. We would be very much interested in purchasing a new home in such a new
development on the Western side of IIwy. 111. Palm Springs can only grow and prosper
when quality homes are built attracting quality buyers. Also, as a home buyer, our
experience with Century Vintage Homes has been exceptional. Thank you!
Raul Fernandez and Ted Hallowell
826 Alta Ridge
Palm Springs, CA 92262
C7
10/11/2005 11:20 9259943665 ARCHER WALNUT CREEK PAGE 02/02
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MOPA \ OOA
A PROFESSIONAL AWCPR ON 7 [jl 1 9 I}I�" 1➢
L)
2033 Nndh Main Sireat,SOIIe 800 " - I�YT5
PO Box 8035 Cl l l l C.l.I:.' 1i
W21nut Croak,CA 94596-3728
925 930,6600
925.830 6620(Fax)
FACSIMILE TRANSMISSION
DATE: October 11,2005
To:
NAME FAX NO. PHONE NO.
The Honorable Mayor and City Council 760-323-8282
of the City of Palm Springs
Douglas C. Holland, City Attorney 760-323-8282
Nick Piccinini 718-897-4387
Samson Funding Corp. _
FROM. Michael B. Peterson PRONr: 925.952-5472
RE: Extension of Cbino Cone Interim Urgency Ordinance
File No, S0222-001
FILENVMObR: I S0222-001
NUMBER OF PAGES, INCLUDING COVER PAGE: 2 I ORIOTNAL WILL NOT FOLLOW
MESSAGE:
CAUTION- CONFIDENTIAL
THE INFORMATION CONTAINED IN THIS FACSIMILE IS CONFIDENTIAL AND MAY ALSO CONTAIN PRIVILEGED ATTORNEY-CLIENT
INFORMATION OR WORK PRODUCT, THE INFORMATION 1S INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS
ADDRE5S13p, IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER 1T TO THE
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IF YOU AO NOT RECEIVE ALL OF T11E PAGES,PLEASE CALL,OUR
OFFICE SERVICES MANAGER AT(925)930-6600 AS SOON AS POSSIBLE.
10/11/2005 11:20 9259343665 ARCHER WALNUT CREEK PAGE 01/02
G� � s Cir f1il..f4 �r'"Ti!;d''• �
d*ACHER•N0RRIS ��
A FROFMIONAL LAW CO1POaATION 2005O ;l 1 � �Ati111 15'6
Jf%4i ti' j i (�L
ZD33 North main Slfeet,Suite 800 (.',I'l-�o ,��' Elk-"A h MIMAEL O.PETERSM
PO Box 8035 mpelorson($,{arch0rnolfls.com
Walnut Crock,CA 94596-3T20 925-930-6600
925 B30.8000 w ,Rmhernrris com
925,930.0020(Fart)
October 11, 2005
By FAcsrrout,F(760)323-8282
The Honorable Mayor and City Council of the City of Palm Springs
3200 East Tahquitz Way
Palm Springs, CA 92262
Re: Extension of Chino Cone Interim,Urgency Ordinance
File No, S0222-001
Dear Mayor Odin and Members of the City Council:
My firm represents Samson Funding Corporation, owner of a 136-acre parcel within the
Chino Cone area. At the request of my client,I write to urge the City Council to extend, in its
current form,the Iuterim Urgency Ordinance regarding development.
My client believes that the Urgency Ordinance has provided a reliable and stable
mechanism for considering development issues within the Chino Cone. The Urgency Ordinance
benefits the Palm Springs community by providing a balanced process for resolving differing
views regarding the use and development of land within.the Chino Cone.
For these reasons,my client strongly urges the City Council to renew the Urgency
Ordinance for an additional one-year period,without alteration.
Very truly yours,
ARCHER NORRIS
Michael B. Peterson
CC: Douglas C. Holland,City Attorney(via facsimile (760) 323-8282)
Nick Piccinini, Samson Funding Corp. (via facsimile (718) 397-4387
S022200t/496357-1 WALNUT CREEK ■ LOS ANOELES
Riverside County Flood Control Shadowrock Development Corp. Richard Michael Kluszczynski
1995 Market Street 64-515 Via Fermato Juan Cueto
Riverside, CA 92501 Palm Springs, CA 92264 1090 W. Cielo Drive
Palm Springs, CA 92262
Weston HoldingCo LLC Stephen Culver Nichols
Frank Culver Nichols Wessman Holdings LLC
2154 NE Broadway Ste. 200 879 N. Palm Canyon Drive 300 South Palm Canyon Drive
Portland, OR 97232 Palm Springs, CA 92262 Palm Springs, CA 92262
Joseph Estate SugarLorri Samson FundingCorporation CVCWD
1475 o th Call 9777 Queens Blvd. p P.O. Box 1058
1475 South s, C Marcus Rego Park, NY 11374 Coachella, CA 92236
Palm Springs, CA 92264
Stanley Broxmeyer Mr. Peter Dixon Bill and Trisha Davis
69730 Highway 111, Unit 207 Tennis Club Area Tennis Club Area
Rancho Krage, CA 92270 431 S. Monte Vista Drive 555 West Baristo Rd. #2C
Palm Springs, CA 92262 Palm Springs, CA 92262
Mr. Frank Tysen Christine Hammond Bob Weithorn
c/o Case Code Country Inn Tahquitz River Estates Tennis Club/Small Hotels
175 South Cahuilla Road 1155 South Camino Real 261 South Belardo Road
Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92262
Tim Hohmeier Roxann Floss Phil Tedesco
Deepwell Old Las Palmas Deepwell Rancho
1387 Calle de Maria 930 Chia 335 Big Canyon Drive
Palm Springs, CA 92264 Palm Springs, CA 92262 Palm Springs, CA 9264
Marshall Roath Margaret Park Pete Moruzii
Sheryl Hamlin Agua Caliente Cahuilla Indians Palm Springs Modern Committee
565 West Santa Rosa Drive 650 E. Tahquitz Canyon Way PO Box 4738
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92263
,10I Q't`n E"D'
October 3, 2005
Regarding Hearing to extend Urgency Ordinance 2095 OCT _4 AH 10; 14
Mayor Oden and Members of the City Council: J 1�P;fi IS
C ry CLFE"P'K
As a current Applicant in the City of Palm Springs I wish to enter the following remarks
into the record.
You (the Council)have had almost a year to complete your studies and update of the
Urgency Ordinance. I have not been informed of any efforts to show good will and/or
honest intentions toward achieving this goal. If your present stand is to only to extend the
ordinance in its present state, that would be one matter. If, on the other hand it is with the
intent to make ANY changes,modifications, or in any manner alter the existing
ordinance which will ultimately prove detrimental to our ability to successfully market
our land, the legal challenges to which you refer in your mailing to us, will be swift,
harsh, and I can promise you costly to the City of Palm Springs. These legal filings will
not be limited to the City, but will hold any and all individual citizens who will be shown
to have been complicit in damages to our property holdings also included.
You have asked for comments. Be assured that the above statements are indeed a true
representation of the course of action that we have agreed to tmdertake.
Veq lyyours,
Ziw'Hillinger
10/06/2005 15:01 5 PAGE 02/02
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MIC.HAEL.GRANT@H B KI,AW.COM
FILE No, I 432200P0e
October 6, 2005
r�
Imo• en
BY CERTIFIED MAIL -'r"
RETURN RECEIPT REQUESTED
The Honorable Mayor and City Council of the City of Palm Springs
Y Y Y p s
3200 East T'ahquitz Way ��
Palm Springs, CA 92262
Re: Extension of Chino Cone Interim Urgency Ordinance
Dear Mayor Oden and Members of the City Council:
The Interim Urgency Ordinance regarding development within the Chino Cone
will soon expire- State law allows a one year extension of the Urgency Ordinance. We
understand that the City Council will consider extension of the Urgency Ordinance at its October
12, 2005 meeting. The purpose of this letter is to urge the Council to extend the Urgency
Ordinance in its current form.
During the past year, the Urgency Ordinance has brought a degree of stability to
development issues involving the Chino Cone. This firnd represents Century Vintage Homes.
Consistent with the Urgency Ordinance, Century has proceeded with the community planning
requirement. With dates approved by the City, Century will have already held its first
community meeting prior to the Council's October IP meeting. Working closely with staff,we
intend to continue with the process established under the Urgency Ordinance.
We very strongly urge the City Council to extend the Urgency Ordinance for an
additional one year, period,without amendment.
V ly o
ichael t
of,BEST BEST&KRMGER LLP
MG:jo
cc: Douglas C, Holland, City Attorney
Century Vintage Homes
RVUUSWG115P536.1
PALM Sp City of Palm Springs
Development Services
!'1,' 3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
5u760-323-8248 - Phone 1 760-322-8360 - Fax
IFoaN`� l;.i;I S 'i ;y(;iip�� Email: TomW@ci.palm-springs.ca.us
MEMORANDUM
DATE: September 30, 2005
TO: Mayor and Council
SUBJECT: CHINO CONE INTERIM URGENCY ORDINANCE ACTION REPORT
As you know, staff has been preparing a recommendations for presentation to the Mayor
and Council to extend, for one final year, the Interim Urgency Ordinance governing the
Chino Cone and adjacent areas.
The recommendation will come before Council on October 12, 2005, with a public hearing
and proposed Council action. As prescribed by the Government Code Section 65858, an
interim urgency ordinance regulating land use can only be considered through a specifically
articulated process and procedure set forth by the Government Code.
A required pre-requisite to the consideration of an extension of an Interim Urgency
Ordinance is the issuance by the legislative body of a written report describing the
measures taken to alleviate the conditions which led to the adoption of the Urgency
Ordinance.
Attached is a copy of that Report for the period of December 2004 to the present.
TJW Itlm
CC Urgency Ordinance Report
Attachment