The URL can be used to link to this page

Home My WebLink About1/12/2005 - STAFF REPORTS (9) RESOLUTION NO. 21181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING THE MOUNTAIN REGION INITIATIVE. ----------------- WHEREAS, an initiative petition proposing amendments to the General Plan for the City of Palm Springs ("City") affecting property in and proximate to the San Jacinto and Santa Rosa Mountains, commonly known as the Mountain Region Initiative, has been duly qualified for consideration by the eligible voters of the City at a special election to be held on March 8, 2005; and WHEREAS, the Mountain Region Initiative applies to an area of fifty-five and one-half (55.5) square miles, fifty-eight percent (58%) of which is already protected from development because it is owned by federal, state or city entities; and WHEREAS, nine percent (9%) of the area included in the Mountain Region Initiative is not mountainous, meaning that these areas have slopes of less than 10%, such as the flat developable land in the Rimrock shopping area; and WHEREAS, the City's current zoning in actual mountain areas already limits development to one (1) residential unit per twenty (20) acres; and WHEREAS, the goal of the Mountain Region Initiative is to limit development to one (1) dwelling unit per forty (40) acres. No other uses are permitted and legal lots which are smaller than forty (40) acres are limited to one (1) single family residence; and WHEREAS, the Mountain Region Initiative limits the construction of homes to five thousand (5,000) square feet of floor area and requires that the house, yard, pool and other improvements (excluding access roads) are limited to a ten thousand (10,000) square foot area; and WHEREAS, the Mountain Region Initiative will reduce unit counts on the private land within the 55.5 square mile area from approximately three thousand nine hundred (3,900) to less than one hundred (100); and WHEREAS, the Mountain Region Initiative would prohibit the construction of additional commercial facilities, including at commercial intersections such as Highway 111 and Tramway and Highway 111 and Broadmoor Drive, the Rimrock project area; and WHEREAS, the Mountain Region Initiative fails to allow for the provision of public facilities, such as recreational facilities, parks, drainage and flood control facilities, trails, water storage and similar facilities, within the 55.5 square mile area; and WHEREAS, the Mountain Region Initiative will result in a permanent resident population reduction for private land within the initiative area of ninety-eight percent (98%), which will result in a reduction of the City's projected population by approximately 8,200 to 15,700 people, such that an independent Fiscal Impact Study, which was conducted in November 2004, determined that the Mountain Region Initiative would result in an annual loss to the City of between $4,800,000 and $9,900,00 in potential net annual General Fund revenue at build out of the area such that adoption of the initiative will limit the City's ability to expand future services; and Resolution No. 21181 Page 2 WHEREAS, the Mountain Region Initiative will delete the City's General Plan policy 5.4.5, relating to windfarm development on hillsides which includes standards for the regulation of windmills on hillside areas; and WHEREAS, the City has also received warnings from various developers and property owners that, if the Mountain Region Initiative is adopted, they will sue the City to have the initiative invalidated on various legal grounds including, but not limited to, allegations that the measure interferes with statewide policies regarding housing, vagueness and inconsistency with the goals and policies set forth in the City's General Plan and other issues and the defense of such litigation will subject the City to significant expense; and WHEREAS, the owners of real property within the 55.5 square mile area may see their land values decrease significantly and may seek to recover against the City for an unconstitutional taking of their property without just compensation. On many parcels the reduction in density is over 90%. The City has already been threatened with multiple lawsuits and may be subject to expensive litigation to determine takings claims; and WHEREAS, the City has already received written claims to lay the groundwork for takings claims from Palm Hills Land Corp., which asserts losses totaling $51,000,000 if the initiative is adopted, Weston Investment Co., Century Crowell Communities, Natback Investments and Jerry Gantz, Stanley Broxmeyer, Alvia Broxmeyer, Ziva Hillenger, and John Wessman (owner of three project areas: Boulders, Crescendo and Rimrock) and Mark Bragg which claims collectively add up to tens of millions of dollars; and WHEREAS, the extremely low density standards set forth in the Mountain Region Initiative will conflict with the City's goal of being a tourism destination by eliminating five of the six areas currently designated for Large-Scale Resorts in the City's General Plan putting the City behind other desert cities in this category, and eliminating the potential for high-end golf course development in the affected area as is currently encouraged by the General Plan and central to the future of the City's tourism economy; and WHEREAS, in response to the concerns of its citizens regarding a reduction of allowable density within the Chino Cone and adjacent areas, on October 20, 2004, before the certification of the Mountain Region Initiative, the City Council approved an interim urgency ordinance which adopted interim development regulations for the "Urban Reserve Area" of the Chino Cone and adjacent areas which reduced permitted density by fifty percent (50%) and directed City staff to complete its update of the City's development regulations for such areas; and WHEREAS, the Chino Cone Ordinance is the City Council's acknowledgement of the need to reduce the intensity of allowable development in the Chino Cone and adjacent areas in recognition of the areas' natural assets and topography and the desire to maintain the scenic quality of the area, after a thoughtful evaluation of potential standards which will be undertaken by experienced city planners; and WHEREAS, the Chino Cone Ordinance makes the finding that the City's current standards do not sufficiently address density and similar issues which acknowledge a sensitivity to the natural terrain and the distinctiveness of the area and that the desert entry to the City, its topography, vegetation, and scenic vistas, have been a part of the regional, national, and international renown and appreciation of the unique natural beauty and charm of the City; and Resolution No. 21181 Page 3 WHEREAS, as part of the Chino Cone Ordinance, the Chino Cone and adjacent areas are divided into nine separate sub-areas with distinct interim development standards, in addition, requirements are imposed that, (1) prior to development within any of the nine sub-areas, a specific plan must be approved, (2) a community planning component must be adhered to, and (3) the requirement for a complete environmental review is reiterated; and WHEREAS, the City Council believes that the Chino Cone Ordinance is the more appropriate vehicle for protecting the City's Chino Cone and adjacent areas such that the City Council desires to oppose the Mountain Region Initiative. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. That the above recitals are true and correct and incorporated herein by this reference. Section 2. That the City Council hereby expresses opposition to the Mountain Region Initiative because: 1. Limiting development to the ratio of 1 dwelling unit for every 40 acres of non-mountain land within the Initiative area is excessive. 2. While some reduction of permitted density may be appropriate, a 95% reduction is excessive. 3. Some portions of the Initiative area are appropriate for commercial or other uses besides residential. 4. Land use planning by Initiative is inappropriate as it deprives the City Council of the ability to make changes and creates a situation in which any future planning adjustments must be approved by the voters. 5. The City Council has already adopted the Chino Cone Ordinance which accomplishes a fifty percent (50%) reduction in density. 6. The fiscal study concludes that there will be an approximately $5 - $10,000,000 lost in General Fund revenue if the Mountain Region Initiative is successful. 7. Some property owners may be able to prove that the Mountain Region Initiative constitutes a taking of their property without just compensation which will subject the City to financial liability for the takings as well as significant litigation costs to defend such claims. 8. Due to the vagueness of some provisions of the Initiative, and the potential for litigation over its terms, the Initiative will create a cloud of uncertainty over development in Palm Springs which may linger for years, to the detriment of the City's economic future. Resolution No. 21181 Page 4 ADOPTED this 12" day of January, 2005. AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NOES: Member Foat ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Acting City Clerk City Manager