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HomeMy WebLinkAbout12/8/2004 - STAFF REPORTS (2) DATE: December 8, 2004 TO: City Council FROM: Acting City Clerk DESIGNATION OF AUTHORS FOR ARGUMENT AMEND BALLOT LANGUAGE— HILLSIDE (MOUNTAIN REGION) INITIATIVE RESTATING ALL BALLOT MEASURES SPECIAL MUNICIPAL ELECTION— MARCH 8, 2005 RECOMMENDATION: Recommendation: That the Council consider and designate authors for the ballot argument for the Bond Ballot Measure, amend the Hillside (Mountain Region) ballot language, and adopt a resolution restating all ballot measures. BACKGROUND: If the City Council adopted Ordinance 1665, it is requested the City Council consider a companion resolution designating the authors for submitting an argument supporting the bond measure. The Registrar of Voters Office has requested placing all ballot measures on one resolution calling the election; therefore, the City Attorney's Office has prepared a resolution restating all the ballot measures for adoption. Additionally, the proponents of the Mountain Region Initiative have requested changing the ballot language, and the City Attorney's analysis is attached as Exhibit A to this staff report. If it is the Council's desire to change, amend, or revise the ballot language it may be done, when the restated resolution is adopted, rather than adopt it as presented. Kathie Hart David H. Ready \ ✓✓ Acting City Clerk City Manager Ii . ALESHIRE 6z WYNDER, LLP ATTORNEYS AT LAW wwwawrttvrn eys.cvm , INTER-OFFICE MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DAVID J.ALESHIRE,CITY ATTORNEY DOUGLAS P.IIAUBERT,DEPUTY CITY ATTORNEY CC: DAVID READY,CITY MANAGER TROY BUTZLAFF,ASSISTANT CITY MANAGER KATHIE HART,ACTING CITY CLERK DATE: DECEMBER 3,2004 FILE: 01003-0001 RE: BALLOT QUESTION WORDING(MOUNTAIN INITIATIVE) I. INTRODUCTION& SUMMARY OF CONCLUSIONS A. At the City Council meeting on November 10, 2004, the Council approved a resolution to place the Mountain Region Initiative on the March 2005 ballot. That resolution provided that the ballot question(i.e., what will be printed in the official ballot mailed to voters) shall read as follows: "Shall the General Plan of the City of Palm Springs be amended to establish a new MR (Mountain Region) designation for approximately 55.5 square miles of property in and proximate to the San Jacinto and Santa Rosa Mountains, and repeal the various land use regulations currently affecting this property?" B. The proponents of the initiative have objected to the way this ballot question is worded. They have submitted their own wording, which is discussed in this memorandum. We also propose different versions of the same ballot question, in the event the Council wishes to revisit the wording of the ballot question. These alternatives are attached as Exhibit A. We communicated these alternatives to the proponents in a letter dated November 22, and through their attorney, by a letter dated November 29, 2004 (see Exhibit B) they continue to insist on their proposed wording and reject the adopted or alternative wording. C. A court will not interfere with the COUneil'S wording of the ballot question unless the Court finds that the manner of wording the question amounts to "advocacy" for (or against) any particular side of the measure, or contains statements which are false or misleading. In our opinion, since the versions of the measure described in this memorandum only vary based on how much detail is given to voters, and does not contain misleading statements or statements 01003/0001/36132.01 I,J Icon. Mayor and Members of the City Council November 24,2004 Page 2 designed to advocate passage or defeat of the measure, any of these versions is likely to be upheld by the courts, if challenged. II. LEGAL DISCUSSION A. Proponents'Request for Ballot Question Change. At the November 10, 2004, Council meeting, proponents of the initiative objected to the wording of the ballot question. Specifically, the proponents did not like the question's mention that the Mountain Region (MR) designation would apply to a 55.5 square mile area. City Attorney Dave Aleshire offered to meet with the proponents of the measure after they consulted with legal counsel and bring requested changes back to the City Council for consideration. At the meeting with the City Attorney, the proponents gave the City Attorney a version they wanted to be placed on the ballot. If the Council chooses to leave the question as it is currently worded, the proponents state that they may institute a legal action seeking a court to change the wording. According to the initiative proponents, their challenge would be on the basis that the ballot question refers to an"approximately 55.5 square mile" area,but that this calculation is not expressly stated anywhere in the measure. (This calculation was determined by City staff.) Also,they believe that by noting the size of the area affected, the City was attempting to create a subtle bias against the measure. Subsequently, the City Attorney sent the proponents a copy of the various alternative wordings of the ballot measures. (See Exhibit A attached). B. Legal Standard to Challenge Ballot Question. An action to challenge the wording of a ballot question will only succeed if a plaintiff can show it "favors a particular partisan position" or if it contains statements which are false or "substantively misleading." (Huntington Beach City Council v. Superior Court (2002) 94 Cal.App.el 1417.) This is a higher standard than the language of ballot arguments written by the proponents or opponents of a measure, which may include "typical hyperbole and opinionated comments common to political debate." (Id.) In the Huntington Beach case, the court reviewed a ballot measure that would amend the City's utility users' tax. At the time of the election, the tax did not apply to consumption of utilities related to the generation of other energy sources. In other words, a power plant that used natural gas to generate electricity was not required to pay a tax on the gas it consumed. 01003/0001136132.01 ��� Hon. Mayor and Members of the City Council November 24, 2004 Page 3 AES, the company owning the only power plant that would be affected by the measure, objected to the City's wording on the ballot. The City entitled the measure: "Amendment of Utility Tax by Removing Electric Power Plant Exemption." The City worded the ballot question as follows: "Shall the ordinance requiring an electric power plant to pay the same Utility Tax as do residents and businesses of the City of Huntington Beach by amending the Huntington Beach Municipal Code to remove Section 3.36.080(b) and make corresponding changes to Section 3.36.010(g),be adopted?" The Court of Appeal agreed with AES. It held that the City's use of the word "exemption" in the title was, "in this context, advocacy by other means." The Court stated that "Exemptions — particularly in a tax context — connote unfair influence and special treatment." Rather than call it an "exemption," the Court held the word "exclusion," a more neutral word, was more appropriate and should be used in the place of"exemption." The Court also agreed with AES that it was "substantively misleading" to say the measure would require electric power plants to pay the "same Utility Tax as do residents and businesses." Under current law, AES was not exempt from the tax, but rather was not taxed on the natural gas it used to generate electricity. Essentially, AES was the only one to whom the exclusion would apply because it happened to be the only power plant using one energy source to generate another. Accordingly, the reference to "same"tax was stricken. C. Other Options As discussed above, the initiative proponents have suggested alternative language for the ballot question. Below is the ballot question text as approved by the Council, the language suggested by the proponents and two other alternatives: Adopted Measure: "Shall the General Plan of the City of Palm Springs be amended to establish a new MR (Mountain Region) designation for approximately 55.5 square miles of property in and proximate to the San Jacinto and Santa Rosa Mountains, and repeal the various land use regulations currently affecting this property?" Proponents' Alternative: "Shall the City of Palm Springs amend its General Plan to establish a new Mountain Region Designation for property in and near the San Jacinto and Santa Rosa Mountains and repeal current land use regulations affecting this area?" 01003/0001/36132.01 ' Hon. Mayor and Members of the City Council November 24,2004 Page 4 Alternative Number 1: "Shall the City of Palm Springs amend its General Plan to establish a new Mountain Region Designation for approximately 55.5 square miles of property in and near the San Jacinto and Santa Rosa Mountains and repeal current land use regulations affecting this area?" i Alternative Number 2: "Shall the City of Palm Springs amend its General Plan to establish a new Mountain Region Designation to permit one single family residence per every 40 acres (or per existing lot), for approximately 55.5 sq. mi of property in and near the San Jacinto and Santa Rosa Mountains?" (Underlined language shows differences from proponents'suggested language). The two alternative measures are structured based upon the proponents wording but adding the concepts that (a)the Mountain Region is a 55.5 sq. mi, area, and (b)that the land use restriction is one unit per 40 acres (or per existing lot). It is not false or misleading to share this information with the voters in voting on the measure and the reason for the proponents' objection is not clear, but they do object. Notwithstanding these objections, the legal standard is whether the writing is false or misleading and we believe these alternatives versions are not misleading. IV. CONCLUSION The City Council has already placed the Mountain Region Initiative on the ballot to be decided by voters at the March 2005 election. While the Council has already adopted a resolution setting forth the wording of the ballot question, it may reconsider the motion it passed on November 10, 2004, and readopt the resolution with a different ballot question. It would be legally appropriate to utilize the proponents' proposal should the Council wish to do so. However, should the Council wish to utilize the alternative which communicate more information, we believe it is appropriate so long as it is not misleading. If you have any questions regarding this matter, please do not hesitate to contact us at (949)223-1170. [END OF MEMORANDUM] i i 01003/0001/36132.01 ' ADOPTED LANGUAGE: Shall the General Plan of the City of Palm Springs be amended to established a new MR (Mountain Region) designation for approximately 55.5 square miles of property in and proximate to the San Jacinto and Santa Rosa Mountains, and repeal the various land use regulations currently affecting this property? PROPONENT SUGGESTED LANGUAGE: Shall the city of Palm Springs amend its General Plan to establish a new Mountain Region Designation for property in and near the San Jacinto and Santa Rosa Mountains and repeal current land use regulations affecting this area? ALTERNATE LANGUAGE#1: Shall the City of Palm Springs amend its General Plan to establish a new mountain region designation for approximately 55.5 square miles of property in and near the San Jacinto and Santa Rosa Mountains and repeal current land use regulations affecting this area? ALTERNATIVE LANGUAGE#2: Shall the City of Palm Springs amend its General Plan to establish a new mountain region designation to permit one(1)sin le family residence per every 40 acres, or per every existing lot for approximately 55.5 square miles of property in and near the San Jacinto and Santa Rosa Mountains and repeal current land use regulations affecting this area? NOTE: Underlined language is language added to Proponents' suggested language. EXHIBIT"A' 01003/0002136099.01 11/30/2004 11:12 FAX ?BO 322 8332 Palm Springs City Clerk + ALSEIRE & WYN➢ER QI001 11/24/2004 17:51 3102148050 CHATTEN-BROWN&ASSOCI PAGE 02/93 OUTU1-DROWN &.A,SsoC[A,TEs T'ELer11ONE:(310)314-8040 3250 OCEANPARK BOULEV,A1tU FACStb1 U: 310 314.8050 SUITE 300 �i1• ( ) 7CDQCaA8AMRLAw•COM SANTA 1V1OMCA,CALIBORNIA 90405 ( www.ebaearthlaw.com November29,2004 QoUC� By Facsimile Original to folZow•in U.S Mail Dave Aleshire Palm Springs City Attorney 3200 1r, Tahquita Canyon Way Palm Springs, C.A. 92262 Re: R,equirenacuts for Impartial Analysis of Mountain preservation Initiative bear Mr.Aleshire: I am in receipt of your letter of November 22,2004,to Frank Gaydos, and the alternative language you are suggesting for the ballot for the Mountain preservation Initiative. We object to the previously adopted ballot language, and the two alternatives You are now proposing, and urge adoption of the language used as the original summary circulated VAtk the.Initiative. As Frank Gaydos and Vic(miner advised you.in a recent meeting,the proponents and supporters of tho initiative want the language in the ballot to thatch the Title and Summaty which you prepared in back in April 2004. This Title and Summary was circulated v ith each petition. More than 6,000 individuals signed the petition. 13y changing the description of the initiative at this time,you run the risk of creating cdnfusien among the voters. The voters should have no doubt that the initiative measure they are voting on in March 2005 is from the very same petition that was circulated in i summer 2004. I Importantly, my clients,Friends of Palm SprJugs Mountains, were informed that members of the Ci y Council and City's lead planner,Doug Evans,have added the reference to 55 mikes because they believe it will undermine the initiative. During the Past few months,my clients have witnessed Mr. Evans openly campaigning against the initiative. They have also seen a member of the city council openly disparage supporters of the initiative by accusing them of"Iyiag" during a public hearing,yet, regardless of the views of any pPaaner or city council member, the law makes clear that you are i EXHIBIT "B" j s 11/30/2004 TUE 11:17 [TX/RX NO 8783] 1@ 001 11/30/2004 11:12 FAX 760 322 8332 Palm 9prinus City Clerk - ALSHIRE & WYN➢ER IM002 11/29/2304 17:51 3IU148050 CHATEH-tBROWH&AS'SOCT PAGE 02/02 _ I ;i Dave Aleshire November 29,2004 )?age 2 of 2 required to provide accurate information to the voters, and nor advocate palidcal lnteresl5. (King v. Lewis(1990) 219 Cal. APP. 3d 552) Changing the description of the initiative with language that is intended to undermine tba initiative is impermissible under the law. Accordingly,we hereby request that the following language,which matches your original Title and Summary,be used for the ballot: Shall the City of Palm Springs amend its General Plan to establish a new Mountain Region designation for property in and near the San Jacinto and Santa Rosa Mountains, and repeal current laud use regulations affecting this area? We understand from.your letter that the various alternatives will be considered by the City Council on December 1,2004. While we strongly want to the language previously used to•be included as the ballot language,this must not be used as a reason to delay the election. The City Council should be advised to adopt the above language at its meeting on December 1, 2004, Thank you for your anticipated cooperation in this matter, Sincerely: Jan Chatten•Srown cc_ City Council Friends of Palm Springs Mountains Palm Springs Modern Committee F.VP1m 5R�WM®L1n1[KgfWM1IR�L�46G�4VCXc EIIIOFL�TiR1WAL.JOC •• 11/30/2004 TOE 11 : 17 [TX/RX NO 87831 1a002 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING CITY MEASURE. WHEREAS, a Special Muncipal Election is to be held in the City of Palm Springs, California, March 8, 2005, at which there will be submitted to the qualified electors of said City, the following measure: Measure [ ] Shall General Obligation Bonds in an amount up to of $150 million be issued to acquire real property for open space, wildlife habitat and for conservation purposes, and where legally necessary to compensate property owners for a taking of their property, within the 55.5 square mile Mountain Region in the event Measure _ is adopted? NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, that the City Council, being the legislative body of said City, hereby authorizes: members of said body, to file written arguments in support of the City measure set forth in the recitals hereof in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change said arguments until and including the date fixed by the City Clerk after which no arguments for or against said City measure may be submitted to the City Clerk. ADOPTED this 8th day of December, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Acting City Clerk City Manager REVIEWED & APPROVED: H:\USERS\C-CLK\ELECTION\MEASURES\GenObligBond\Arg Res-GenOblBOnds.doC r ';, RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REAFFIRMING THE CALLING AND GIVING NOTICE OF A CONSOLIDATED SPECIAL MUNICIPAL ELECTION TO BE HELD MARCH 8, 2005. WHEREAS, a referendum petition concerning Resolution 20994, which was adopted by the City Council on July 7, 2004 relating to the Palm Hills Area Plan component of the City's General Plan (as described in Exhibit 1," attached hereto), was declared duly qualified by the City Council which, on November 10, 2004, resolved to place the measure before the eligible voters of the City at a special election to be held on March 8, 2005; and WHEREAS, an initiative petition concerning proposed amendments to the City's General Plan affecting approximately 55.5 square miles of property in and proximate to the San Jacinto and Santa Rosa Mountains, commonly known as the Mountain Region Initiative (as described in Exhibit "2," attached hereto), was declared duly qualified by the City Council on November 10, 2004, and the City Council has resolved to place the measure before the eligible voters of the City at a special election to be held on March 8, 2005; and WHEREAS, an ordinance authorizing the placement of a general obligation bond measure in the amount of$150 million to finance the purchase of property for the purpose of retaining open space in and proximate to the San Jacinto and Santa Rosa Mountains was approved by the City Council (as described in Exhibit"3") on December 8, 2004, and the City Council has resolved to place the measure before the eligible voters of the City at a special election to be held March 8, 2005; and WHEREAS, for the convenience of the Registrar of Voters for the County of Riverside, the City Council wishes to consolidate the above-referenced ballot questions into one resolution to be forwarded to the Registrar; and WHEREAS, all of the following measure would be considered at a consolidated election to be conducted by the Registrar of Voters for the County of Riverside in accordance with all applicable state laws and regulations affecting the conduct of elections. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. That there shall be and there is hereby ordered a special municipal election, to be held on March 8, 2005, for the purpose of submitting to the qualified electors of said City, the following three measures, to wit: MEASURE [ ] PALM HILLS REFERENDUM YES Shall City Council Resolution 20994, approving NO amendments to the General Plan Use and Circulation Plan for Palm Hills area, be adopted? i Resolution No. Page 2 MEASURE [ ] OPEN SPACE BONDS YES _ Shall General Obligation Bonds in an amount up to $150 NO — million be issued to acquire real property for open space, wildlife habitat and for conservation purposes, and where legally necessary, to compensate property owners for a taking of their property, within the 55.5 square mile Mountain Region in the event Measure_ is adopted by the voters? MEASURE [ ]. MOUNTAIN REGION INITIATIVE YES Shall the General Plan of the City of Palm Springs be NO _ amended to establish a new MR (Mountain Region) designation for approximately 55.5 square miles of property in and proximate to the San Jacinto and Santa Rosa Mountains, and repeal the various land use regulations currently affecting this Property? In the event that either or both the first or third measure receives a greater number of YES votes than NO votes, such measure shall be deemed supported by the voters. In the event either or both measure receives an equal or greater number of NO votes than YES votes, such measure shall be deemed unsupported by the voters. With respect to the second measure, in the event that two-thirds (2/3) of those voting on this measure vote YES, the measure shall be deemed supported by the voters. In the event less than two-thirds (2/3)of those voting on this measure vote YES,the measure shall be deemed unsupported by the voters. Section 2. That all above-described measures shall be designated on the ballot by a letter printed on the left margin of the square containing a description of the measure, as provided by the Elections Code. Section 3. The Registrar of Voters of the County of Riverside is further ordered and instructed to print the letter assigned to identify the Mountain Region Initiative (Section 1, above) where the same is referenced by "Measure _" in the ballot question related to general obligation bonds to purchase open space. Section 4. The above-described measures are hereby ordered to be consolidated by the Registrar of Voters of the County of Riverside so that they appear on the same ballot, and with any other measures, if any, properly put to the voters at the March 8, 2005, regular election. Section 5. The City Clerk is hereby directed to transmit a copy of the above-described measures to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the California Elections Code, Section 6. The ballots to be used at said election shall be, both as to form and matter i contained therein, such as may be required by law to be used there at. #36356 i I� Resolution No. Page 3 i Section 7. The City Clerk of said City is hereby authorized, instructed and directed to procure and furnish, through the Registrar of Voters for the County of Riverside or other resource as necessary, any and all official ballots, notices, printed material and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. Section 8. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding special municipal elections in said City. Section 9. Notice of time and place of holding said election is hereby given and the City Clerk I is hereby authorized, instructed and directed to give such further or additional notice of said election, in time, form and manner as required by law. Section 10. The City Clerk shall reimburse 'said County, or other resource, for services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 11. The canvass of the Special Municipal Election to be held in said City is hereby ordered to be made by the City Clerk. The City Clerk shall cause to be complete the canvass of said election and shall certify the results in accordance with State law. Section 12. It is the intent of the City Council that to the extent of any inconsistency with the resolutions previously adopted putting the foregoing measures on the ballot, this resolution shall supersede any such previously adopted resolutions calling and giving notice of a special election for March 8, 2005, including Resolutions No. 21132 and 21133, adopted by the City Council on November 10, 2004, to the extent of such inconsistency. ADOPTED this_day of December, 2004. AYES: NOES: ABSENT: i I ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Acting City Clerk City Manager REVIEWED &APPROVED: I i #36358 STv / i e , REFERENDUM AGAINST A RESOLUTION PASSED BY THE CITY COUNCIL We,the undersigned,registered,qualified voters of the City of Palm Springs,hereby protest the Palm Springs City Council's July 8,2004,adoption of Resolution No.20994,entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING THE AMENDMENTS TO THE GENERAL PLAN TEXT WITH RESPECT TO POLICIES 5.4.1, 5,4.4(B) AND (C), AND PALM HILLS AREA PLAN ELEMENTS#6 AND#7, AND ADDING AN ADDITIONAL ELEMENT#6 FOR THE PALM HILLS PLAN AREA We request that the entire text of Resolution No.20994 and the proposed General Plan policy amendments attached as Exhibits A and B,which are reproduced in this petition,be repealed by the City Council or,alternatively,submitted to a vote of the people as prescribed by law. NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID CITY OF SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK, OFFCIALUSEONLv PALM THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER THAN SPRINGS QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR. REENSTEREDVOTERS COMPLAINTS ABOUT THE MISUSE OF YOUR SIGNATURE MAYBE MADE TO ONLY THE SECRETARY OF STATE'S OFFICE. / SIGNATURE ASREGISTERED RR NCEA Sbf{as PRINTNAME (_p�' � - /�••• I -- .LbJ'7 �2�.f7G-� CITY r ZIN 2. SIGNATURE AS REGISTERED RESIDENCE ADDRESS PRINTNAME CITY ZIP 3. SIGNATURE AS REGISTERED RESIDENCEADDRESS PRINTNAME CfTV ZIP 4. SIGNATIRE AS REGISTERED RESIDENCEADDRESS PRIM NAME CITY ZIP 5 SIGNATURE AS REGISTERED AESIDENCE ADDRESS PAIM'NAME CITY ZIP 6. SIGNATUREAS REGISTERED RESIDENCE ADDAESS PRINTNAME Cm, ZIP I D'eclar.atibn of Cicanlatnrrin he enmoleted In m a circulator's own hand after all signatures recorded on the frontand back of this motion of the petition have been obtained): am registered to vote in the CuM of Palm Snrinos-calrfomla am n,mlrfl..� pmuuo name here ke register to vote in the City of Palm Sings. My residence address is riD.a Street ' ;(04 I circulated this section of the petition and witnessed each of the appended signatures'being written. Ead signature o his petition is,to the best of my Information and belle th nuine,�%ure q the person whose name it purports to be. All signatures on this document were obtained between the dates of / and /fJS/ — I declare under penalty of perjury under the laws of the State oi�fornia that the for oln Is ur and correct, monthldayryear da ar ��,jj� �9 9. Executed on / ( at'f'UX�IrLt „�d California. menWday/year IY "K1 0 Signed: nvmla�fetmof w N Nm yw °r REFERENDUM AGAINST A RESOLUTION PASSED BY THE CITY COUNCIL WHEREAS,in July 1970,the City of Palm Springs("City")annexed 34 square miles in the San Jacinto and Santa Rosa Mountains known as Palm Hills;and WHEREAS,in 1974,the Palm Hills Study was commissioned with the directive that the main emphasis he the preservation of the environment while encouraging the development of resort and residential and accessory,uses;and WHEREAS,the General Plan Palm Hills Area Plan was divided into four planning sub-areas(PH-L PH- 2A,PH-213,and PH-3)as prof of the City's 1993 General plan Update;and WHEREAS,PH-I Planning Area is located in the most northerly portion of the Palm Hills Planning Area and is intended to be developed pursuant to a Specific Plan;and WHEREAS,PH-] Planning Area is located north of Murray Hill and is separated from PH-2,PH-3,and PH-4 by this major topographic feature;and WHEREAS,PH-I is planned for resort hotel and attached and detached residential land uses with a maximum density of 1,200 units;and WHEREAS,the Palm Hills Area Plan requites that any land development in Palm Hills can only be accomplished through a Spncific Plan;and WHEREAS,Palm Hills Land Corp.("Applicant')has initialed an application for the Palm Hills Specific Plan;and WHEREAS,Applicant has requested General Plan Text Amendments to modify hillside development policies and requirements of the Palm Hills Area Plan;and WHEREAS,a General Plan Text Amendment has been prepared to modify hillside development policies limiting development to slopes of less than 30%;and WHEREAS,a General Plan Text Amendment has also been prepared to modify Palm Hills Area Plan Elements to be consistent with the proposed amendments to hillside policies and to add language that reflects a different approach to development of the Santa Rosa Mountains,and WHEREAS,the proposed General Plan Text Amendment affects the Palm Hills Planning Area only and does not have any effect on lands outside of the Palm Hills Planning Area;and WHEREAS,notice of a public hearing of the Planning Commission of the City of Palm Springs to consider proposed General Plan Text Amendments to modify hillside development policies and requirements of the Palm Hills Area Plan was issued in accordance with applicable law;and WHEREAS,on April 28,2004,a public hearing to consider General Plan Text Amendments to modify hillside development policies and requirements of the Palm Bills Area Plan was held by the Planning Commission in accordance with applicable law;and WHEREAS,on May 26,2004 a continued public hearing to consider General Plan Text Amendments to modify hillside development policies and requirements of the Palm Hills Area Plan was held by the Planning Commission in accordance with applicable law;and WHEREAS,(he Planning Commission,al its May 26,2004 meeting recommended approval of the proposed General Plan Amendments;and WHEREAS,notice of a public hearing of the City Council of the City of Palm Springs to consider proposed General Plan Text Amendments to modify hillside development policies and requirements of the Palm Hills Area Plan was issued in accordance with applicable law;and WHEREAS,on June 16,2004,a public hearing to consider General Plan Text Amendments to modify hillside development policies and requirements of the Palm Hills Area Plan was held by the City Council in accordance with applicable law;and WHEREAS,a Notice of Preparation of an Environmental Impact Report for the General Plan Text amendments,Palm Hills Specific Plan(PA-1),Development Agreement,Planned Development District, Tentative Parcel Map,and Tentative Tract Map("Project")was distributed to the Stale Clearinghouse and interested and responsible agencies,organizations,and individuals with a review period from May 10,I998 to July if, 1998;and WHEREAS, 18 comment letters were received regarding the Notice of Preparation from various entities;and WHEREAS,a Draft Environmental Impact Report(DEIR)for(he Project was released for public comment from July 3,2003 to August 18,2003; and WHEREAS,13 comment letters were received regarding the DEIR from various entities;and WHEREAS,in accordance with the California Environmental Quality Act(CEQA),a Final Environmental Impact Report was prepared for(he General Plan Amendments and the Palm Hills Specific Plan and it was found that even with the incorporation of proposed mitigation measures,the proposed Project could have a significant effect on the environment with respect to land use,cumulative traffic/circulation,air quality,visual resources,biological resources,cumulative impacts on the school system,and cumulative impacts on the regional groundwater aquifer;and WHEREAS,the"Project"will have public benefits including but not limited to up to$2,475,773 in revenue,expand economic development opportunities, expand tourism,provide a golf course,preserve approximately 797.70 acres of open space on-site,dedicate off-site land within critical habitat of Peninsular Bighom Sheep,create up to 450 newjobs,maintain public access to existing equestrian and hiking trails,and implement the City's General Plan objectives to create a world class destination resort;and WHEREAS,a Statement of Facts and Findings and Statement of Overriding Considerations has been adopted for the proposed Project including this General Plan Text amendment;and WHEREAS.the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project,including but net limited to the recommendation of(he Planning Commission,the staff report,all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section l:The proposed General Plan Amendments are in compliance with the Final Environmental Impact Report("EIR")that has been certified for the General Plan Amendments and Palm Hills Specific Plan(SCH 498061043),which is in compliance with CEQA,the Stale CEQA Guidelines,and the City's CEQA Guidelines.The EIR adequately addresses the general environmental selling of the proposed Project,its significant environmental impacts,and the alternatives and mitigation measures related to each significant environmental effect for the proposed Project. The City Council has independently reviewed and considered the proposed General Plan Text Amendments and determined that they are in conformance with the information contained in the EIR The City Council further finds that with the incorporation of proposed mitigation measures and the adoption of the Statement of Facts and Findings and Statement of Overriding Considerations,that ire Project will cause significant impacts and that the Project benefits justify overriding the unavoidable significant adverse impacts caused by the Project. Section 2:The proposed General Plan Text Amendments seek to modify hillside development policies 5.4.1 and 5 4.4(b)and(c)so as to allow development on ridges that are not"sky-lined"and on slopes of greater than 30%on a limited basis,subject to strict design criteria and only as part of a Specific Plan. The proposed General Plan Text Amendments also seek(o modify Palm Hills Area Plan Elements#6 and 97,and add an additional element that would reflect the proposed changes to the hillside development policies while also representing a different approach to development in the Santa Rosa Mountains. The amendments to the Palm Hills Area Plan are consistent with the PH-I sub-area that allows development of up to 1,200 units on the site. The General Plan currently views the Santa Rosa and San Jacinto Mountains as natural areas in which development impacts shall he minimized. Both ranges form a backdrop to the City and are also considered valuable scenic assets.The proposed amendments would establish in City policy a fundamental distinction between the Santa Rosa Mountains south of the City and the San Jacinto Mountains west of the City. The San Jacinto Mountains are essentially undevelopable due to the extreme steepness of slope and are therefore suited to a policy of almost total preservation. However,the Santa Rosa Mountains consist of a more gentle rolling terrain that may be better suited for limited development. Preservation in the Santa Road Mountains is seen as compatible with some development,if(bar development is proposed creatively and flexibly. - Section 3: The amendments to the General Plan Text with respect to hillside development polices and the Palm Hills Area Plan are necessary and appropriate in order (o build consistency between(he General Plan Map and Report and the Palm Hills Specific Plan. Section 4.The proposed amendments to the General Plan Text Amendments are necessary and proper al this time,and are nor likely to he detrimental to the adjacent property or residents. Section 5:The FEIR included an evaluation of land ownership within the Palm Hills Planning Area(approximately 34 square miles),and based upon this evaluation it was determined that a large portion of(his area is in public ownership.Based upon ownership patterns,the City Council finds that it may be difficult to develop Palm Hills Planning sub-areas 2-A,2-13,and 3.Based upon this review,the City Council directs staff to initiate a General Plan Amendment to the Palm Hills Planning Area to reconsider the need to extend Palm Hills Drive,South of Eagle Canyon,to re-evaluate the proposed land uses in Palm Hills Planning Areas Plan H-A,II-B,and III and consider designating this area as Conservation. NOW,THEREFORE.BE IT RESOLVED that,based upon the foregoing,the City Council hereby approves the amendments to the General Plan Text as shown in Exhibits A and B. , r - > REFERENDUM AGAINST A RESOLUTION PASSED BY THE CITY COUNCIL NOW,THEREFORE,BE IT FURTHER RESOLVED that City Council diiects staff to prepare a General Plan Amendment Study as part of the General Plan Update to consider amending the Circulation Plan by eliminating palm Hills Drive,south of Eagle Canyon,and amending the Land Use Element to consider designating areas located south of Murray Hill as Conservation for the Palm Hills Plan Area. ADOPTED this 8 day of July ,2004. AYES: Oden,Mills,McCulloch,Pougnet NOES; Foat ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS,CALIFORNIA City Clerk, _ City Manager Reviewed and Approved as to Form: EXHIBIT A PROPOSED GENERAL PLAN POLICY AMENDMENT GENERAL PLAN POLICY 5.4.1 and 5.4.4(b)and(c) 5.4.1 'Yn order to preserve the.scenic beauty,to piotert the nunmtainrfrorn danaging erosion and to protect rite desert,f7aorfrorrr flooding.the frontal slopes of the 8anMi-Pt&&v-and San Jacinto Mountains which jace the desert floor shalt be preserved as open space areas to the greatest extent possible and consistent with othe policies in the General Plan.The.slopes of individual landnrork peaks.should be preserved as open.spare areas.Development.shall be.subject to approval of a development plan on a care-by-care basis,which addresses aesthetic issuer sufIt as s(reening and landscaping." 5A.4(b) "Development should be conrenn"ared in at with nutural.flopes of 10%or less in.steepness. Natural slopes at escecs of 30%sleoedd-rc)nain-wdk:urbM maybe developed subhec(t p et arati fist 'di'h'llside developmelarriterm 1huriaddressbuddine desion andconstructiontechniquesas part )f Seechfic Plan. Development proposals for areas of/0%slope or greater, 1,at m-,;,,,n 30,-°^%,at areas subject to erosion,shall be accompanied by demiled.sods and geotec hnieal .studies as well as visual.simulation exhibits." 5.4.4(c) "Proposed development must he compatible,by vi)ute of design,height nnote)ally and slope compatibility,with surrounding open space.Structures shall not visually break ridgelines when viewed from the valley floo, unlessa Specific Soecific Plan allowin,sw.l development is upl "oved by the C'ty. Area.!graded for development .Shull be designed to blend with file natural.surroundings." EXHIBIT B PROPOSED GENERAL PLAN POLICY AMENDMENT PALM HILLS AREA PLAN Addition to the first paragraph: "The Cilv's anmom h to Pahn Hills unde,scors a landa ie t I dirt re h'e between the Santa Rosa Mountains sot lb r f the City and the San Jac into Mountains wed the City. Both h)ruh a backdrop to the Car )t Pal i Sp e'and niusi be r"algid as valuables,enic assels. Bill,whereas the San Jarinto Mountains art,essentially undevelonable due to extreme r enners nfslane and are the,etnre suited to a volky at almost fl total preservation,the Santa Rosa Mountains cr nrist of niore gentle, rolling lei,not and real ire mnnicblion of creative and flexible rneans to harm inee Preservation with development Palm Hills Area Plan Element#G is proposed to be amended as follows: "A programs far the permanent preservation of open space,with the purpose to rnirigme wildlife habitat lore and to provide recreation amenities, in accordance with the programs of the Bureau of Land Management,the Stale Park proposal.the Santa Rosa Mountains Conservancy Plan;the Bighorn Sheep Management Plan and arty other active conservation pr'ograndplan to the extent that they are not in conflict with this General Plan. In order to preserve the scenic beauty,the fronal.rlopes of[Ire Santa Rosa Mountains that are visible from the desert floorshall be preserved as open spare to the greatesl extent Possible Development which is visible i5min the valley floor shall be treated with sensinvhty aces dl tg_tr Paragraph 7 following." An additional element(Element#7)that establishes guidelines to minimize the visual impact of structures on ridgelines is proposed to be added to the Palm Hills Area Plan as follows: "A Plan which innne...ents the Ciry's slated coal )l'd v Irl i hg a lotg 'ale reso,r at this unique e location which barnionlres with the natural niountain backdrop fihe Cur. Tn arrnnndish tltir develop)tour shall reek!)r " •e of n "h tell ! "bed tat al i e t s1 r l 'b[ Where development is visible f ont the r al! v floor bill in,coloration.native planf selection and nth r d 'gn r 'I ti)r r sb all b a t tied t 1 bl n 1 sl' Yt res will tl mtiv land 'up' t D vel)p ne a t the ridgelines is allowed so lane as structures d)not visaalf breaka skyline oralleran individual landmark peak(e.g Murray Hill) To conrinry the true extent and nature of visual change accurate coniouteri7ed visual 5inudlauavr5 wall and without t rite Podec'r duall be provided fir onvideration by file Planning Commission and City Cotmcil." Palm Hills Area Plan existing Element#7 is proposed to become Element#8 and be modified so as to increase ovemll density in areas with natural slopes of 10%or less from a range of V2 to 2 units to a range of V2 to 4 units as follows: Target land uses and number of lunits: f Ercepi as noted,land use is governed by the following deseription.s and by the policies of the General Plan,and is not shown on the loop. The required Specific Plaids),shall provide a detailed land use plan;the ability to develop the target numbergf'units is dependent upon compliance with the goals and policies r}'the General Platt,andiil)ontliejiitllr'eavailabillryafptlbli(Iand,vfa)'exa'Iiamgeordevele)l)/merit. Uslits.flatrldbea'ancentratedinareaSwillhimltir'alslapesoflO%orle.frili steepness rvitli overall den.si(v in such area.!in the range of rh-2 4 units/acre...] I, I�f� e� T I INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE.VOTERS OF THE CITY OF PALM SPRINGS The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO ESTABLISH A NEW MOUNTAIN REGION•DESIGNATION FOR PROPERTY IN AND NEAR THE SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE REGULATIONS AFFECTING THIS AREA. SUMMARY: This initiative General Plan amendment, if passed, would delete various portions of the City of Palm Springs' General Plan, as adopted in 1993, and enact new General Plan requirements. Specifically, this amendment would create a Mountain Region("MTN")designation within the City of Palm Springs. The new MTN area is designated by map and includes not only mountainous terrain,but also such areas as Palm Hills, land adjacent to the San Jacinto and Santa Rosa Mountains, alluvial fan areas (including Chino Cone),and flatter terrain. The new MTN area would be subject to the following restrictions: 1. No property maybe subdivided smaller than forty(40)acres per parcel; 2. Only single-family residences would be permitted,and only one residence per parcel; 3. The maximum floor area for the entire residence would be limited to 5,000 square feet; 4. The maximum development area per parcel would be limited to 10,000 square feet; 5. The maximum height for any structure would be limited to eighteen feet. The restrictions established for the MTN area would not apply to sovereign Tribal lands or to any property where'a "vested right has been secured for other land uses" prior to the passage of this initiative measure,if the measure is approved by the voters. Most of the area designated MTN by this initiative amendment is already subject to restrictions under the City's current General Plan and zoning. The area is classified in several categories including"Open Space" (where one dwelling per twenty acres is permitted), "Rural" (where one to two dwellings per 5 acres are permitted), or"Very Low Density" (where one to two dwellings per acre are permitted). The Rural and Very Low Density designations require 70%to 75%of the property be maintained as open space and building heights are restricted to 26 feet.In certain circumstances,a building height limit of 30 feet is permitted. In addition, the City's General Plan and zoning currently prohibits development on slopes of thirty percent or greater. Such areas are also not counted for purposes of calculating density. If passed by the voters, this initiative General Plan amendment would take effect upon certification of the election results. The published notice of intent to circulate provides as follows: Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate a petition within the City of Palm Springs, County of Riverside, State of California for the purpose of amending the General Plan of the City of Palm Springs.A statement of the reasons of the proposed action as contemplated in the petition is as follows: The Palm Springs mountain region is one of the most unique, beautiful and biologically diverse landscapes in the entire world. It provides the stunning natural setting that is vital to the quality of life enjoyed by our residents. Today, however, this spectacular open landscape is on the verge of being destroyed by high-density subdivisions and tract homes. Without sensible planning,our mountain region will become unrecognizable in a few short years. It will disappear forever under the crash of urban sprawl. This initiative amends the general plan to preserve the mountains, canyons and surrounding lands. It establishes a low-density requirement for subdivisions in the mountain region. Tract homes, high-density subdivisions and commercial developments will not be allowed. This initiative protects the rights of property owners. Any property with vested rights is not affected by this initiative,and any existing legal parcel,regardless of how small,may be used for a residence.Furthermore, tribal lands are exempted. This initiative protects and enhances our local economy. The City of Palm Springs' standing as a world class resort and retirement destination depends upon the protection of our natural environment, and particularly the mountain region. High-density subdivisions and tract homes in the mountain region are certain to hurt tourism and tarnish the image and reputation of the City. This initiative simply enacts thoughtful land use planning that preserves our natural treasures and valuable open space.It serves not only to protect the welfare of those currently residing in the City,but it is also an expression of the People's commitment to preserve that which is irreplaceable for the generations that will follow. Signed by: Gladys N,Krenek James D.Jones I TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE REGULATIONS AFFECTING THIS AREA. MOUNTAIN PRESERVATION INITIATIVE Section 1. Findings and Purpose The People of the City of Palm Springs hereby find and declare: (a) The mountain region of Palm Springs,which includes the San Jacinto Mountains, Santa Rosa Mountains, Chino Canyon, Tachevah Canyon and surrounding areas, is an invaluable natural treasure. Given that part of this mountain region lies within the City's boundaries, the People recognize an immense duty to protect land which is so vital and unique. (b) The scenic mountain region, untarnished by dense housing or commercial development, provides the stunning natural setting for the"desert lifestyle" enjoyed by the City's residents. As the congestion of traffic, commerce and development continues to increase in Palm Springs and surrounding cities, the pleasant vistas and open space are important to residents' sense of well-being. (c) The City's standing as a world class resort and retirement destination depends upon protection of the natural environment, and particularly the mountain region. People from across the world are attracted to, and captivated by,this unique natural setting. Given that the local economy relies in significant part upon tourism, it is essential to the long-term economic prosperity of the City that the mountain region be preserved. Dense housing and commercial development in the mountain region, even that which is designed to attract tourists, will have an overall negative impact on the local economy and will tarnish the image and reputation of the City. (d) The open space land of the mountain region is a limited and valuable resource that must be preserved. Conservation of natural resources and the retention of mountain region land in its natural state protects the community from the hazards of fire, flood, seismic and other catastrophic occurrences, and limits harm to the groundwater and hydrological systems. Furthermore, it is in the public interest to avoid the unnecessary conversion of open space land to urban uses,,thereby protecting against the resultant adverse impacts, such as air, noise and water pollution, traffic congestion, destruction of scenic beauty, and disturbance of the ecology and environment and other demonstrated consequences of urban sprawl. (e) The mountain region possesses an extraordinarily rich,though fragile,natural environment that sustains a brilliant variety of wildlife and plant species.The People intend to preserve the mountain region habitat of these species,and thus realize their aesthetic, ecological,educational,historical,recreational and scientific value. (f) Notwithstanding any limitation imposed by this Initiative Measure on the number of building permits that may be issued for residential construction or of the buildable lots which may be developed for residential purposes, the People find that there is sufficient undeveloped land area available on the desert valley floor, which is zoned for residential development,to allow for the construction of housing and the satisfaction of any obligation of the City to provide for the housing needs in the region. (g) The People of Palm Springs find that it is necessary to amend the General Plan to preserve and protect the mountain region and to promote the orderly development of that region in a manner that allows for low-density residential housing that causes the least harm or alteration to the natural environment. Each of the findings and purposes set forth herein promote the health,safety and welfare of the City. Section 2. General Plan Amendment The People of Palm Springs hereby adopt the following amendment to the City of Pahn Springs General Plan. Objective 3.2A In order to protect the ecological, economic, scenic, cultural, and scientific values associated with the mountain region, and to promote the health, safety and welfare of the City, a Mountain Region is hereby established within the City and is designated as"Mountain Region"on the Map attached hereto as Exhibit"A" and incorporated herein by reference. This Map and the Mountain Region depicted thereon shall be incorporated into the Maps of the General Plan,and any designations or information on the existing Maps of the General Plan which is inconsistent with the policies and objectives of this Initiative Measure shall be deleted. The following policies shall apply within the Mountain Region: 3.2A.1 Development and land use shall be limited to single-family residences. No other development or land use shall be allowed. 3.2A.2 The minimum parcel size shall be no less than 40 acres.No more than one single-family residence per parcel shall be allowed. 2 � .. J� TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE REGULATIONS AFFECTING THIS AREA. 3.2A.3 The maximum floor area for the single-family residence shall be no greater than five thousand(5,000) square feet. 3.2A.4 The maximum building envelope,which is the total area of the single-family residence floor area plus the yard(excluding any access roads),shall be no greater than ten thousand(10,000)square feet. 3.2A.5 The maximum building height shall not exceed eighteen(18)feet from the lowest natural grade at the location of the structure of the single-family residence. 3.2A.6 All improvements shall be designed and constructed in a manner that causes the least disruption and adverse impact to, and is most harmonious with,the natural environment and scenic qualities of the Mountain Region. 3.2A.7 All improvements shall be located as far away as feasible from sensitive areas, including, but not limited to,wildlife habitat,watercourses and tributaries,and steep slopes. 3.2A.8 The objectives and policies of the Mountain Region shall apply to all area plans, specific plans, planned development districts, development agreements, redevelopment plans, and other similar development plans with respect to any land within the Mountain Region. 3.2A.9 Upon the effective date of this Initiative Measure,the City Zoning Code and Zoning Map shall be amended to create a new zoning classification designated Mountain Region ("MTn. This MTN zoning classification shall apply to all land within the Mountain Region and shall fully implement, and be consistent with,the objectives and policies of this Initiatiye Measure. 3.2A.10 Any legal lot shown on a recorded subdivision map or other recorded document is exempt from the minimum parcel size requirement set forth in Policy 3.2A.2,provided that the legal lot was created before the effective date of this Initiative Measure. 3.2A.II The objectives and policies of the Mountain Region shall apply to all land within the designated Mountain Region shown on the Map attached hereto as Exhibit"A"unless: a) a vested right has been secured for other land uses prior to the effective date of this Initiative Measure,and b)such vested rights remain legally enforceable. In the event that any vested rights pertaining to land within the Mountain Region are invalidated, terminated, expire or are set aside in any manner,then such land shall immediately be subject to the objectives and policies of the Mountain Region, 3.2A.12 The objectives and policies of the Mountain Region shall not apply to any sovereign Tribal lands. The General Plan shall be further amended as set forth in Exhibit"B"which is incorporated herein by reference, Section 3. Miscellaneous (a) This Initiative Measure shall be liberally construed in order to preserve the Mountain Region and to achieve to the fullest extent possible the purposes,objectives,and policies stated herein. (b) If any portion of this Initiative Measure is held to be invalid by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of any remaining portions. The voters of Palm Springs hereby declare that this Initiative Measure and each portion hereof would have been passed even if one or more portions are declared invalid.If any provision of this Initiative Measure is held invalid as applied to any person or circumstance, such invalidity shall not effect any application of this Initiative Measure that can be given effect without the invalid application. (c) This Initiative Measure, and each portion hereof, including, but not limited to, the boundaries of the Mountain Region set forth on the Map attached hereto as Exhibit"A",may only be amended or repealed by a majority vote of the electors of the City of Palm Springs. (d) Any person acting for the interests of itself, its members or the general public for the purposes of enforcing any objective,policy or provision of this Initiative Measure may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction. (e) in the event of any conflict between the portion of this Initiative Measure which amends the Land Use Element of the General Plan and any other portion of the existing Land Use Element of the General Plan, such portions of this Initiative Measure shall govern. (f) This Initiative Measure shall be submitted immediately to a vote of the People at a special election. (g) Upon passage of this Initiative Measure, all policies and objectives set forth herein shall be immediately effective,and shall be immediately incorporated into the General Plan of the City of Palm Springs. (r dC 3 TITLE:INITIATIVE TO(1)AMEND THE CITY OF PALM SPRINGS'GENERAL PLAN TO ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE SAN JACINTO AND SANTA ROSA MOUNTAINS,AND(2)REPEAL CURRENT LAND USE REGULATIONS AFFECTING THIS AREA. MAP NO, 1 MOUNTAIN REGIONim r k' ' = —, v o ! ' ,rs t 51 kp w .,.,&.,, .y",,. '� aa Y ;ALL LAND(THIN q7Y 2# L BOUNDARIES SOUTH OF THIS LINE IS WITHIN THE r" MtlYA`l`" MOUNTAIN REGION MAP NO. 2 rr MOUNTAIN REGION IS iS++WG r ' t: I4i ti 'I M=3 . EXHIBIT"A": Map 1 and Map 2 1 1owna 10101 Ilk W.•1 ory m l6jq 9 tol lieu 1 140 1 MOUNTAIN :f , REGION MOUNTAIN REG ION x a.$ Ci°£s�+.� u zaig �' ,pG y � :1 ri n � P x ,J3 4✓S^Is aT* k'"+�`u��s'�i .(�S q,ri YJlF �jtF ,a x ... IT 41 'x'4;rsrt ,�MIAKPJ 4tv+;,'x.i✓� a.H`m yyl, .' !'es P^li' "! " tN 'ms fvT� 's�� - �' x �45� I i Jti� �til n M�' rapu IVv � fi tt '� IK ak'4 + t s r I r �'< '�•' al nih wm �MOUNTAIN v REGION �°yl�L.-y�� ' a�" Va,J in 3" 'ar• v[i v`Fr� m Y rs ��i �-'r�� ,Vc�l r l �°�+�� till lh yn 4 Ili I TITLE;INITIATIVE TO(1)AMEND THE CITY OF PALM SPRINGS'GENERAL PLAN TO ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE SAN JACINTO AND SANTA ROSA MOUNTAINS,AND(2)REPEAL CURRENT LAND USE REGULATIONS AFFECTING THIS AREA. a- SEE MAP NO,4 MAP NO. S MOUNTAIN REGION }' 11J SEE MAP NO.7 � t g • e, r s-ATM f � • - � SEE MAP NO.B MAP NO, 6 a MOUNTAIN REGION , I zt lr� S SEE MAP NO 5 - l H's; Yrit s t . -,S hl. fJ 1 1 A ' Y Atl 'Klk r't ✓w' ,� M 4;i. Y" SEE MAP NO S x 1 er l. r t ' z j I f LAND WITHIN CITY SOUNOARIES SOUTH OF I x F fi THIS P61NT IS WITHIN �` ,.,Ii' THE MOUNTAIN REGION .� EXHIBIT"A": Map 5 and Map 6 �� • l l F I r T • II ilY f', I\ II lr"r U �!. Y y ,11 I 1 kJ11 • . x c1-" ¢ 3£n c�Y4fae�.raTfI� s*�vf' r F Yl+r.Y Ir 1 k L 1 p i I Y �Y.Irs IK r rY I I .,C r;. r MOUNTAIN P r'-; + '� ' -4 u REGION I . 5 xaa `t C � Y r � - N 1 SY1 S i MOUNTAIN y REGION s�p, P }FrY i '= M41xM i yq� Y uqppy n3w I - e TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE REGULATIONS AFFECTING THIS AREA. ENMBIT"B" The General Plan of the City of Palm Springs shall be further amended as follows: At page I-21 of the General Plan the following shall be deleted in its entirety: • "Chino Cone Nowhere in this country is there a site with the abrupt transition from desert to mountain so spectacularly defined. Chino Cone offers an unparalleled dimension in recreational and resort living potential.Recognizing the dynaptics of the Tram itself,the recommended land uses are those which should complement the Tram and stimulate development of the highest quality.Further included as an integral part of this General Plan is the firm recommendation that all development to take place in this magnificent area be required to respect and conform to the special characteristics of the site and the total Palm Springs environment. Requirements for Area Plan: ,1. A roadway alignment study of Tram Way which addresses the permitted density of development and safety.Plans for a specific roadway section within a 100-foot right-of-way shall be developed. 2. A full Environmental Impact Report with focus on 1) infrastructure development (including circulation) and its impacts, 2) biological concerns including, but not limited to, threatened, rare and endangered plant and animal species,3)visual and cultural resources,4)drainage,and 5)wildfire hazards. 3. Either a Specific Plan or a Planned Development District may be submitted.The requirements outlined above must address the relationship with the entire area. 4. Target land uses include high-end residential,large-scale destination resorts and commercial recreation." At nape I-22 of the General Plan,the following shall be deleted in its entirety: "Pahn Hills In July 1970,the City of Palm Springs annexed this area of 34 square miles in the San Jacinto and Santa Rosa Mountains. The Palm Hills Study (1974) was commissioned with the directive that the main emphasis be the preservation of the environment while encouraging the development of resort and residential, and accessory,uses.To achieve this objective, the City secured professional advice to assist in reviewing the natural systems that presently exist and to minimize the primary impacts that development would have on these systems. The resultant land use plan,based on an extensive task force study shortly after the Palm Hills area was annexed into the City,illustrated the most intense activity which could be accommodated.The proposed distribution and intensity of land uses shown were to be considered only if based on detailed analysis and if such a plan could resolve all of the goals and objectives of the General Plan. This General Plan also recognizes that to design a land use pattern that is compatible with the very complex ecological systems (plant, animal, land form, drainage, etc.) will take intensive, site-specific analysis far beyond the scope of a general plan-level study.Any land development in Palm Hills will require the approval of a Specific Plan(s).To assist in the creation of such a plan(s)and to help the Planning Commission and the City Council in decision-making,the General Plan includes studies related to biology, cultural resources, geotechnic concerns and traffic. The purpose of a Specific Plan will be to establish a land-use pattern consistent with the stringent goals and objectives of this General Plan.The specific plan is both a tool and a protective program to provide the further detailed study necessary to assure the appropriateness and compatibility of any specific development proposal. The City of Palm Springs recognizes the efforts of the Bureau of Land Management, the Coachella Valley Mountains Conservancy and other groups to preserve the Santa Rosa Mountains in their natural state.The City's General Plan is set forth with the precept that limited high-quality development can occur in the Palm Hills area and coexist with the general goals of conserving natural resources.While the City will be working implement its General Plan,it will cooperate with these groups to facilitate conservation to the extent that such cooperation is consistent with this General Plan. Intent: To create the highest quality resort and residential area in the Coachella Valley while maintaining environmental sensitivity and developing a methodology for multi-property owner participation.Land uses shall emphasize the concepts of cluster development modules for permanent residential uses and Large-scale Resorts. Credit for density transfer shall be awarded where sensitive biological habitats, including hillsides,washes, canyons, etc„ are protected and dedicated as permanent open space.To implement this intent,an innovative and interactive planning process will be necessary which will involve and analyze all the factors effecting development in Palm Hills. Specific Plans shall be shall be adopted entailing the following elements: 1. The minimum area to be addressed by a specific plan is delineated as one of four(4) sub-areas on the Palm Hills General Plan Map.The Plan should be a cooperative effort of the affected properties and shall address the expected potential(s)of any subarea(s)to the north of the subject subarea,including growth-inducing and cumulative impacts. The approval of any Specific Plan for the Palm Hills area shall include a finding that such plan is consistent with the goals and policies of the General Plan.The boundaries of the Specific Plan areas may be altered to consider logical access and infrastructure requirements;smaller subareas may be allowed to submit independent specific plans if it can be demonstrated that there is no planning relationship with the larger subarea and if the planning of the larger subarea will not be negatively affected." p 8 TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE REGULATIONS AFFECTING THIS AREA. At page I-23 of the General Plan,the following shall be deleted in its entirety "2. Engineered(schematic)roadway aligmnents showing rough cut/fill,bridges and animal pass-thrus, gradients and visual impacts. Traffic mitigation shall be analyzed including the alternative of aligning the main access road with Gene Autry Trail, controlled access (tolls, etc.) and lane restrictions. Area Plans for Palm Hills must mitigate any impact to the City's circulation system to Level of Service"D"("E"on E.Palm Canyon Dr.)or better or shall not be approved. 3. A program for infrastructure financing. 4. A full Environmental Impact Report with a focus on biological concerns including,but not limited to,threateried,rare and endangered plant and animal species, infrastructure development (including circulation) and its impacts, visual resources and drainage.Area Plans for Palm Hills should mitigate any impact to biological habitats to the satisfaction of the City or may not be approved. 5. A cooperative program for the exchange of public and private lands for the purpose of creating both proper development areas and viable habitat conservation areas;the City shall assist in the development of such a program. Public lands which are not used as part of a development project may not be credited,for density transfer purposes,to an off-site development. 6. A program for the permanent preservation of open space, with the purpose to mitigate wildlife habitat loss and to provide recreation amenities, in accordance with the programs of the Bureau of Land Management, the State Park proposal, the Santa Rosa Mountains Conservancy Plan, the Bighorn Sheep Management Plan and any other active conservation program/plan to the extent that they are not in conflict with this General Plan.In order to preserve the scenic beauty, the frontal slopes of the Santa Rosa Mountains which are visible from the desert floor shall be preserved as open space. 7. Target land uses and number of units: [Except as noted,land use is governed by the following descriptions and by the policies of the General Plan,and is not shown on the map.The required Specific Plan(s) shall provide a detailed land use plan; the ability to develop the target number of units is dependent upon compliance with the goals and policies of the General Plan, and upon the future availability of public lands for exchange or development.Units should be concentrated in areas with natural slopes of 10% or less in steepness with overall density in such area in the range of V,-2 units/acre.No units may be assigned to areas with natural slopes in excess of 30%.Densities in areas with slopes between 10%and 30%shall generally be between one unit/2 V.acres and one unit/20 acres. Each Specific Plan shall develop a detailed density allocation formula to assign units to individual properties in a manner meeting-the criteria of this section, and also assure that the units are fairly allocated to all properties with development potential. Properties fast proposed for development shall not capture a disproportionate share of the potential development assured under the Specific Plan, but nothing herein shall prevent the City from considering the drainage, wildlife habitat and slope characteristics,and other goals and policies of the General Plan in reviewing the development of such allocation formulae. The Bureau of Land Management has developed the position that none of its holdings are to be developed or traded for development or used to provide access to development where such access may harm sensitive animal species.The target numbers established herein for analytical purposes may be modified by the City by General Plan Amendment provided that the resultant impacts of any alternative under a specific plan can be effectively mitigated.]" At page I-24 of the General Plan,the following shall be deleted in its entirety "PH-1- Resort Hotel,Attached&Detached Residential Target—1200 units(3000 population) PH-2A- Resort Hotels, Golf Courses, Attached & Detached Residential, and Accessory Commercial/Service Uses Target—1840 units(4600 population) PH-213- Resort Hotels, Golf Courses, Attached & Detached Residential, and Accessory Commercial/Service Uses Target—960 units(2400 population) PH-3- Attached&Detached Residential,and Accessory Commercial/Service Uses Target—1000 units(2500 population) Target Number of Units—5000 Target Population Range—3,350—12,500 At page 11-8 of the General Plan.the Wowing shall be deleted in its entirety "5.4.5. Windfarm development on hillsides visible from scenic highways and corridors or on slopes of 15% or greater should demonstrate no significant adverse aesthetic impacts,or provide adequate mitigation,prior to approval." n 9 el INITIATIVE MEASURE TO BE SUBNIITTED DIRECTLY TO THE VOTERS OF THE CITY OF PALM SPRINGS The City Attorney has prepared the following title and surmnary of the chief purpose and points of the proposed measure: TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE REGULATIONS AFFECTING THIS AREA. SUMMARY;This initiative General Plan amendment,if passed,would delete various portions of the City of Palm Springs'General Plan, as adapted in 1993,and enact new General Plan requirements.Specifically,this amendment would create a Mountain Region("MTN")designation within the City of Palm Springs. 71te new MTN area is designated by map and includes not only mountainous terrain,but also such areas as Palm Hills,land adjacent to the San Jacinto and Santa Rosa Mountains,alluvial fan areas(including Chino Cone),and Hatter terrain. The new MTN area wordd be subject to the following rea fictions: 1, No property may be subdivided smaller than forty(40)acres per parcel; 2. Only single-family residences would be permitted,and only one residence per parcel; 3. The maximum floor area for the entire residence would be limited to 5,000 square feet; 4. The maximum development area per parcel would be limited to 10,000 square feet; 5. The maximum height for any structure would be limited to eighteen feet. The restrictions established for the MTN area would not apply to sovereign Tribal lands or to any property where a"vested right has been secured for other land uses"prior to the passage of this initiative measure,if the measure is approved by the voters. Most of the was designated MTN by this initiative amendment is already subject to restrictions under[he City's current General Plan and zoning.The area is classified in several categories including"Open Space"(where one dwelling per twenty acres is permitted),"Rural"(where one to two dwellings per 5 acres are permitted),or"Very Low Density"(where one to two dwellings per rare are permitted).The Rural and Very Low Density designations require 70%to 75%of the property be maintained as open space and building heights are restricted to 26 feet. In certain circumstances,a building height limit of 30 feet is permitted. In addition,the City's General Plan and zoning currently prohibits development on slopes of thirty percent or greater.Such areas are also not counted for purposes of calculating density. If passed by the voters,this initiative General Plan amendment would take effect upon certification of the election results. NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR. COMPLAINTS ABOUT THE MIS-USE OF YOUR SIGNATURE MAY BE MADE TO THE SECRETARY OF STATE'S OFFICE. FOR OFFICIAL All signers of this petition must he registered voters ofthe City ofPatm Springs. USE ONLY 1. Print Name: Residence Address ONLY: Super..,As Registered to Vote: City: Zip: 2. Print Name: Residence Address ONLY: Signature,As Registered to Vat.: City: Zip: 3. Print Name: Residence Address ONLY Signature,As Registered to Vote: City: Zip: 4. Print Name: Residence Addmss ONLY: Signature As Registered to Vote: My: Zip: 5. Print Name: Residence Address ONLY: Signature,As Registered in Vote: City, Zip: 6. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 7. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: S. Print Name: Residence Address ONLY: , Signature,As Registered to Vote: City: Zip: \" r`I 10 �`""9 nrt''Y M assnx� �...� aemow a�`.m'I a.._.,'. r'y r � c . F • .-_y . . __ INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS OF TIC CITY OF PALM SPRINGS The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE REGULATIONS AFFECTING THIS AREA. SUMMARY:This initiative General Plan amendment,if passed,would delete various portions of the City of Palm Springs' General Plan, as adapted in 1993,and enact new General Plan requirements.Specifically,this amendment would create a Mountain Region("MTN") designation within the City of Palm Springs. The new MTN area is designated by map and includes not only mountainous terrain,but also such areas as Palm Hills,land adjacent to the San Jacinto and Santa Rosa Mountains,alluvial fan areas(including Chino Cone),and flatter terrain, The new MTN area would be subject to the fallowing restrictions: L No property may be subdivided smaller than forty(40)acres per parcel; 2. Only single-family residences would be permitted,and only one residence per parcel; 3. The maximum floor area for the entire residence would be limited to 5,000 square feet; 4. The maximum development area per parcel would be limited to 10,000 square feet; 5. The maximum height for any structure would be limited to eighteen feet. The restrictions established for the MTN area would not apply to sovereign Tribal lands or to any property where a"vested right has been secured for other land uses"prior to the passage of this initiative measure,if the measure is approved by the voters. Most of the area designated MTN by this initiative amendment is already subject to restrictions under the City's current General Plan and zoning.The area is classified in several categories including"Open Space"(where one dwelling per twenty acres is permitted),"Rural"(where one to two dwellings per 5 acres are permitted),or"Very Low Density"(where one to two dwellings per note are permitted),The Rural atad Very Low Density designations require 70%to 75%of the property be maintained as open space and building heights are restricted to 26 feet. in certain circumstances,a building height limit of 30 feet is pertitted. In addition,the City's General Plan and zoning currently prohibits development on slopes of thirty percent or greater.Such areas are also not counted for purposes of calculating density. If passed by the voters,this initiative General Plan amendment would take effect upon certification of the election results. NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR COMPLAINTS ABOUT THE MIS-USE OF YOUR SIGNATURE MAY BE MADE TO THE SECRETARY OF STATE'S OFFICE. FOR OFFICIAL All signers of this petition must be registered voters of the City of PnGn Springs. USE ONLY 9. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 10. Pmu Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: It. Pent Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 12. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 13. Pdnt Name: Residence Address ONLY: Signature,As Registered to Vow: City, Zip: 14. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip. 15, Pdnt Natne: Residence Address ONLY: Signature,As Registered to Vote: City. Zip: 16, Print Name. Residence Address ONLY: Signature,As Registered to Vote: City: Zip: P —' it V II INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS OF THE CITY OF PALM SPRINGS The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE REGULATIONS AFFECTING THIS AREA. SUMMARY:This initiative General Plan amendment,if passed,would delete various portions of the City of Palm Springs'General Plan, as adopted in 1993,and enact new General Plan requirements.Specifically,this amendment would create a Mountain Region("MTN")designation within the City of Palm Springs. The new MTN area is designated by map and includes not only mountainous terrain,but also such areas as Palm Hills,land adjacent to the San Jacinto and Santa Rosa Mountains,alluvial fan uses(including Chino Cone),and flatter terrain. The new MTN area would be subject to the following restrictions: 1. No property may be subdivided smaller than forty(40)acres per parcel; 2. Only single-family residences would be permitted,and only one residence per parcel; 3. The maximum floor area for the entire residence would be limited to 5,000 square feet; 4, The maximum development area per parcel would be limited to 10,000 square feet; 5. The maximum height for any structure would be limited to eighteen feet. The restrictions established for the MTN area would not apply to sovereign Tribal lends or to any property where a"vested right has been secured for other land uses"prior to the passage of this initiative measure,if the measure is approved by the voters. Most of the area designated MTN by this initiative amendment is already subject to restrictions under the City's current General Plan and zoning.The area is classified in several categories including"Open Space"(where one dwelling per twenty acres is permitted),"Rural"(where one to two dwellings per 5 acres are permitted),or"Very Low Density"(where one to two dwellings per acre are permitted).The Rural and Very Low Density designations require 70%to 75%of the property be maintained as open space and building heights are restricted to 26 feet. In certain circumstances,a building height limit of 30 feet is permitted. In addition,the City's General Plan and zoning cute ently prohibits development on slopes of thirty percent or greater.Such areas are also not counted for purposes of calculating density. If posed by the voters,this initiative General Plan amendment would take effect upon certification of the election results. NOTICE TO TIM PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR. COMPLAINT'S ABOUT THE MIS-USE OF YOUR SIGNATURE MAY BE MADE TO THE SECRETARY OF STATE'S OFFICE. A![signers of this petition must be registered voters ofthe City of Pant Springs, FOR OFFICIALUSE ONLY l7 PdNName: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 18. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City Zip: 19, Pdnt Name: Residence Address ONLY- Signature,As Registered to Vote; City: Zip: 20. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 21. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 22. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 23. Pdnt Name: Residence Address ONLY: Signaturc,As Registered to Vote: City: Zi P: 24. Print Namo: Residence Address ONLY: 7i Fm, Signature,As Registered to Vote: city: Zip; 12 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS OF THE CITY OF PALM SPRINGS The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE REGULATIONS AFFECTING THIS AREAL SUMMARY:This initiative General Plan amendment,if passed,would delete various portions of the City of Palm Springs'General Plan, as adopted in 1993,and enact new General Plan requirements.Specifically,this amendment would create a Mountain Region("MTN")designation within the City of Palm Sprigs. The new MTN area is designated by map and includes not only mountainous terrain,but also such areas as Palm Hills,land adjacent to the San Jacinto and Santa Rosa Mountains,alluvial fen areas(including Chino Cone),and flatter terrain. The new MTN area would be subject to the following rarmeflons: I. No property may be subdivided smaller than forty(40)acres per parcel; 2. Only single-family residences would be permitted,and only one residence per parcel; 3. The maximum floor area for the entire residence would he limited to 51000 square feet; 4. The maximum development area per parcel would be limited to 10,000 square feet; 5. The maximum height for any structure would be limited to eighteen feet. The restrictions established for the MTN area.would not apply to sovereign Tribal lands or to any property where a"vested right has been secured for other land uses"prior to the passage of this initiative measure,if the measure is approved by the voters, Most of the area designated MTN by this initiative amendment is alre dy subject to restrictions under the City's current General Plan and zoning.The area is classified in several categories including"Open Space"(where one dwelling per twenty acres is permitted),"Rural"(where one to me dwellings per 5 acres are permitted),or"Very Low Density"(where one to two dwellings per acre are permitted).The Rural aid Very Low Density designations require 70%to 75% of the property be maintained as open space and building heights are restricted to 26 feet.In certain circumstances,a building height limit of 30 feet is permitted. In addition,the City's General Plan and zoning currently prohibits development on slopes of thirty percent or greater.Such areas are also not counted for purposes of calculating density. If passed by the voters this initiative General Plan amendment would take effect upon certification of the election results. NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER YOU HAVE THE RIGHT TO ASK THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR COMPLAINTS ABOUT THE MIS-USE OF YOUR SIGNATURE MAY BE MADE TO THE SECRETARY OF STATE'S OFFICE. All signers of this petition must be registered voters of the CityofPn[nt Springs. FOR OFFICIALUSE ONLY 25, Print Name: Residence Address ONLY: Slgoatum,As Registered to Vow City Zip: 26, Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 27, Pdnt Name: Readcnce Address ONLY: Signature,As Registered to Vote: City: Zip: 28. Print Nune: Residence Address ONLY: Signature As Registered to Vote: City: Zip: 29. Print Neme: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 30. Print Neme: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 31. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 32, Print Name: Residence Address ONLY: - Signature,As Registered to Vote: City: Zip: it - 13 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS OF TBE CITY OF PALM SPRINGS The City Attorney has prepared the following title and Summary of the chief purpose and points of the proposed measure: TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE REGULATIONS AFFECTING THIS AREA. SUMMARY:This initiative General Plan amendment,if passed,would delete various portions of the City of Palm Springs'General Plan, as adopted in 1993,and enact new General Plan requirements.Specifically,this amendment would create a Mountain Region("MTN") designation within the City of Palm Springs. The new MTN area is designated by map and includes not only mountainous terrain,but also such areas as Palm Bills,land adjacent to the San Jacinto and Santa Rosa Mountains,alluvial fan areas(including Chino Cone),and flatter terrain. The new MTN area would be subject to the following restrictions: i. No property may be subdivided smaller than forty(40)acres per parcel; 2. Only single-family residences would be permitted,and only one residence per parcel; 3. The maximum floor area for the entire residence would be limited to 5,000 square feet; 4. The maximum development area per parcel would be limited to 10,000 square feet; 5. The maximum height for any structure would be limited to eighteen feet The restrictions established for the MTN area would not apply to sovereign Tribal lands or to any property where a"vested right ban been secured for other land uses"prior to the passage of this initiative measure,if the measure is approved by the voters. Most of the area designated MTN by this initiative amendment is already subject to restrictions under the City's current General Plan and zoning.The area is classified in several categories including"Open Space"(where one dwelling per twenty acres is permitted),"Rural"(where one to two dwellings per 5 acres are permitted),or"Very Low Density"(where one to two dwellings per acre are permitted).The Rural and Very Low Density designations require 70%to 75%of the property be maintained as open space and building heights are restricted to 26 feet. In certain circumstances,a building height limit of 30 feet is pemutted. In addition,the City's General Plan and zoning currently prohibits development on slopes of thirty percent or greater.Such areas are also not counted for purposes of calculating density. If passed by the voters,this initiative General Plan amendment would take effect upon certification of the election results. NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR. COMPLAINTS ABOUT THE MIS-USE OF YOUR SIGNATURE MAY BE MADE TO THE SECRETARY OF STATE'S OFFICE. FOR OFFICIAL All signers of this petition mast be registered voters ofthe City of Palm Springs. USE ONLY 33. Print Name: Residence Address ONLY Signature,As Registered to Vote: City: Zip 34. Print Name: Residence Address ONLY: Signdure,As Registered to Vote: City: Zip' 35. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 36, Print Namc: Residence Address ONLY: Sigoature,As Registered to Vote: City: Zip: 37. Print Name; Residence Address ONLY: Signature,As Registered to Vote: City: Zip; M. Pdnt Name Residence Address ONLY; Signature,As Registered to Vate. City: Zip: 39. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip; 40. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip; 14 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS OF THE CITY OF PALM SPRINGS The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE REGULATIONS AFFECTING THIS AREA. SUMMARY:This initiative General Plan amendment,if passed,would delete various portions of the City of Palm Springs'General Plan, as adopted in 1993,and enact new General Plan requirements.Specifically,this amendment would create a Mountain Region("MTN")designation within the City of Palm Springs. The new MTN area is designated by map and includes not only mountainous terrain,but also such areas as Palm Hills,land adjacent to the San Jacinto and Santa Rosa Mountains,alluvial fan areas(including Chino Cone),and flatter terrain. The new MTN area would be subject to the following restrictions: 1. No property may be subdivided smaller than forty(40)acres per parcel; 2. Only single-family residences would be permitted,and only one residence per parcel; 3. The maximum floor area for the entire residence would be limited to 5,000 square feet; 4. The maximum development area per parcel would be limited to 10,000 square feet; 5. The maximum freight for any structure would be limited to eighteen feet. The restrictions established for the MTN area would not apply to sovereign Tribal lands or to any property where a"vested right has been secured for other land uses"prior to the passage of this initiative measure,if the measure is approved by the voters. Most of the area designated MTN by this initiative amendment is already subject to restrictions under the City's current General Plan and zoning.The are¢is classified in several categories including"Open Space"(where one dwelling per twenty acres is permitted),"Rural"(where one to two dwellings per 5 acres are permitted),or"Very Low Density"(where one to two dwellings per acre are permitted).The Rural and Very Low Density designations require 70%to 75%of the property be maintained as open space and building heights are restricted to 26 feet. In certain circumstances,a building height limit of30 feet is permitted. In addition,the City's General Plan and zoning currently prohibits development on slopes of thirty percent or greater.Such areas are also not counted for purposes of calculating density. If passed by the voters,this initiative General Plan amendment would take effect upon certification of the election results. NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER YOU HAVE THE RIGHT TO ASK THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR COMPLAINTS ABOUT THE MIS-USE OF YOUR SIGNATURE MAY BE MADE TO THE SECRETARY OF STATE'S OFFICE. FOR OFFICIAL All signers of this petition must he registered voters of the City of Palm Springs. USE ONLY 41, Print Name: Residence Address ONLY: Sigeatum,As Registered to Vote: City. Zip: 41 Print Name: Residence Address ONLY: Siyorutum,As Registered to Vole: City Zip: 43. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 44. Preu Name: Restdence Address ONLY: Signature,As Registered to Vote: City: Zip: 45, Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 46. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 47. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 48, Print Name: Residence Address ONLY: r T. - ff, Signature,As Registered to Vote: City: Zip: 15 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO TEE VOTERS OF THE CITY OF PALM SPRINGS The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE REGULATIONS AFFECTING THIS ARE,A. SUMMARY:This initiative General Plan amendment,if passed,would delete various Famous of the City of Palm Springs'General Plan, as adopted in 1993,and enact new General Plan requirements.Specifically,this amendment would create a Mountain Region("MTN")designation within the City of Palm Springs. The new MTN area is designated by map and includes not only mountainous terrain,but also such areas as Palm Hills,land adjacent to the San Jacinto and Santa Rosa Mountains,alluvial fen areas(including Chino Cone),and flatter terrain. The new MTN ads would be subject to the following restrictions: 1. No property may be subdivided smaller fluor forty(40)acres per parcel; 2. Only single-flually residences would be permitted,and only one residence per parcel; 3. The maximum floor area for the entire residence would be litnited to 5,000 square feet; 4. The maximum development area per parcel would be limited to 10,000 square feet; 5. The maximum height for any structure would be limited to eighteen feet. The restrictions established for the MTN area would not apply to sovereign Tribal lands or to any property where a"vested right has been secured for other land uses"prior m the passage of this initiative measure,if die measure is approved by the'votas. Most of the area designated MTN by this initiative amendment is already subject to restrictions under the City's current General Plan and zoning.The area is classified in several categories including"Open Space"(where one dwelling per twenty,acres is permitted),"Rural"(where one to two dwellings per 5 acres are permitted),or"Very Low Density'(where one to two dwellings per acre are permitted).The Rural and Very Low Density designations require 70%to 75%of the property be maintained sit open space and building heights are restricted to 26 feet. In certain circumstances,a building height limit of 30 feet is permitted. In addition,the City's General Plan and zoning currently prohibits development on slopes of thirty percent or greater.Such areas are also not counted for purposes of calculating density. If passed by the voters this initiative General Plan amendment would take effect upon certification of the election results. NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR COMPLAINTS ABOUT THE MIS-USE OF YOUR SIGNATURE MAY BE MADE TO THE SECRETARY OF STATE'S OFFICE. FOR OFFICIAL All signers of this petition must be registered voters of the City ofPalne Springs. USE ONLY 49. Pdnt Name: Residence Address ONLY Signature,As Registered to Vote: City: Zip. 50, Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: DECLARATION OF CIRCULATOR (To be completed after above signatures leave been obtained.) I, am registered to vote in the City of Palm Springs or qualified to register as a voter of the City, (printname) My residence address is (street uddress,city,state,zip) I personally circulated this section of the petition and witnessed each of the appended signatures being written.Each signature on this petition is,to the best of my knowledge and belief,the genuine signature of the person whose name it purports to be.All signatures on this document were obtained between the dates of and (month,day,year) (month,day,year) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on: ,2004,at (month and day) (place of signing--city and slate) con lete si nature of circulator,includiDit middle name or initial NOTICE TO CIRCULATORS: PLEASEDONOTDETACHANYPORTIONOFTHISDOCVMENT. URGENT: ALL SIGNATURES INVALID IF YOUFAIL TO SIGNAS CIRCULATOR. i 16 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE SUBMISSION OF A PROPOSITION FOR INCURRING BONDED DEBT TO THE QUALIFIED VOTERS OF THE CITY OF PALM SPRINGS AT THE SPECIAL ELECTION TO BE HELD ON MARCH 8, 2005 FOR THE PURPOSE OF FINANCING THE ACQUISITION OF REAL PROPERTY FOR OPEN SPACE, WILDLIFE HABITAT AND CONSERVATION PURPOSES WITHIN THE MOUNTAIN REGION ESTABLISHED BY MEASURE " " AND TO COMPENSATE PROPERTY OWNERS FOR TAKINGS WHICH MAY ARISE IN CONNECTION WITH SAID MEASURE SHOULD SUCH MEASURE BE ENACTED WHEREAS, an initiative measure ('Initiative") to establish a Mountain Region ('Region") designation over 55.5 square miles of land in the City of Palm Springs (the "City") and limit development to one residential unit per 40 acres of land within such Region was circulated and received sufficient signatures to be placed on the ballot, and on September 13, 2004 was declared sufficient by the City Clerk; and WHEREAS, the City Council on November 10, 2004 determined to place the measure on the March 8, 2005 ballot along with certain other measures; and WHEREAS, the City Council has received written claims from various property owners alleging a substantial diminution of their property values if Initiative is enacted, that they will be deprived of all value of their property, and that there is not sufficient public benefit to justify the enactment of such regulations, and that a regulatory taking of property without just compensation will result from the Initiative; and WHEREAS, the City Council has determined that general obligation bonds should be issued for the purpose of raising monies to acquire property for open space, wildlife habitat and conservation purposes within the Region and to compensate property owners for legally valid claims for just compensation should the Initiative be approved; and WHEREAS, the City Council has heretofore adopted, by a two-thirds vote of all the members of said Council, Resolution No. entitled "A Resolution of the City Council of the City of Palm Springs, California, Determining That Should Measure _ be Adopted, the Public Interest and Necessity Demand the Acquisition of Real Property for Open Space, Wildlife Habitat and Conservation Purposes within the Mountain Region Established by Measure_and to Compensate Property Owners for Takings which may arise in connection with said Measure _and Making Findings Related Thereto" (the "Resolution"); and WHEREAS, this City Council has determined to finance the acquisition of real property for open space, wildlife habitat and conservation purposes within the Region and to compensate property owners for takings which may arise in connection with the Initiative through the issuance of general obligation bonds consistent with the provisions of Article XIIIA of the California Constitution, Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the California Government Code and the Charter of the City of Palm Springs; and 1 01003/0007/35451.03 "' WHEREAS, the City Council intends to use a portion of the proceeds of the bonds to acquire land within the Mountain Region as defined in the Initiative for open space, wildlife habitat and conservation purposes and to compensate property owners where legally necessary for a partial or total taking of their property in the event a court of competent jurisdiction determines that the Initiative, though constitutional on its face, constitutes an unconstitutional taking of property as applied; and WHEREAS, in order to provide for the issuance by the City of its general obligation bonds to finance the improvements described in the Resolution it is necessary for this City Council to pass an ordinance ordering the submission of the proposition of incurring bonded indebtedness for such purpose to the qualified voters of the City at a special municipal election ("Special Election"); and WHEREAS, the City Council desires to submit said ballot measure to the qualified voters of the City at Special Election to be held in the City on March 8, 2005 in conjunction with Initiative itself; and WHEREAS, the City Council desires to consolidate the Special Election with the election to be held within the City on March 8, 2005, and within the territory affected by the consolidation. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS AS FOLLOWS: SECTION 1. That there shall be and there is hereby ordered a consolidated Special Election, to be held on March 8, 2005, for the purpose of submitting to the qualified electors of said City, the proposition set forth below. SECTION 2. That said proposition shall appear on the ballot for said Special Election in the following form: OPEN SPACE PRESERVATION WITHIN THE MOUNTAIN REGION Shall General Obligation Bonds in an amount up to $150 million be issued to acquire real property for open space, wildlife habitat and for conservation Yes purposes, and where legally necessary to compensate property owners for a taking of their No property, within the 55.5 square mile Mountain Region in the event Measure is adopted? The City Council does hereby submit to the qualified voters of the City, at said Special Election, this Ordinance and the proposition set forth above. SECTION 3. The object and purpose of incurring the indebtedness is, within the 55.5 square mile Mountain Region as defined in the Initiative, to permit the acquisition of real property for open space, wildlife habitat and for conservation purposes, and where legally necessary to compensate property owners for a taking of their property in the event the Initiative is adopted and all costs related to the foregoing purposes as specified herein (the 'Improvements"). The Improvements constitute a single purpose under Section 43609 of the California Government Code. SECTION 4. The maximum estimated cost of the Improvements is 150 million dollars ($150,000,000.00). The estimated cost includes (a) the actual costs of land acquisition, (b) the costs of appraisals, escrows, title, and related real estate costs, (c) the costs of improvements necessary to promote wildlife habitat, conservation, drainage and recreational purpose, (d) all consulting, expert, design and other professional service costs, (e) all necessary administrative and management costs, (f) all attorney fees, expert witness and litigation costs related to defending the Measure or litigation taking, inverse condemnation or other such claims or related to the other purposes hereof, (g) the legal and other fees incidental to or connected with the authorization, issuance and sale of the bonds, and the cost of printing the bonds and other costs and expenses incidental to or connected with the issuance and sale of the bonds, and (h) any other cost reasonably related to carrying out the purposes of this Measure. SECTION 5. The following accountability measures are hereby made a part of this Measure and Ordinance. (a) The specific purposes of the bonds are as stated in Sections 3 and 4 above. It is expressly stated that to the extent funds are utilized to pay to compensate property owners for takings of property, such funds may only be expended for such purposes to pay judgments issued in legal proceedings decided adverse to the City, or to settle such lawsuits where the settlement is sanctioned in an administrative or judicial proceeding and to pay the cost of defending such actions. (b) The proceeds of the bonds shall be applied to only the purposes stated above. (c) The proceeds of any bonds issued pursuant to this Measure and Ordinance shall be placed in a fund designated as the "Mountain Region Acquisition Fund". (d) The Finance Director and Treasurer of the City shall file an annual report with the City Council pursuant to Section 53411 of the Government Code. SECTION 6. The amount of the principal of the indebtedness to be incurred is not to exceed 150 million dollars ($150,000,000.00). The maximum rate of interest to be paid on the indebtedness shall be eight percent (8%) per annum, or such higher rate as may be permissible by the laws established for general obligation bonds of the City by the Legislature of the State of California. SECTION 7. The City Council does hereby submit to the qualified voters of the City, at said Special Election to be held on March 8, 2005, this Ordinance and proposition set forth in Section 2 hereof. The City proposes to acquire the Improvements and to issue and sell general obligation bonds of the City pursuant to Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the California Government Code, in one or more series, in the maximum amount and for the objects and purposes set forth above if two-thirds of all qualified voters voting on the proposition set forth above vote in favor thereof. The bonds are to be general obligations of the City payable from and secured by taxes levied and collected in the manner prescribed by laws of the State of California. All of said bonds are to be equally and ratably secured, without priority, by the taxing power of the City. SECTION 8. The polls for said election shall be open on the day of said election in accordance with the California Elections Code. SECTION 9. The Special Election hereby called for March 8, 2005, shall be and is hereby ordered consolidated with any other election to be held within the City on said date, and within the territory affected by the consolidation. The election shall be held and conducted in accordance with the provisions of law of the State of California. The Board of Supervisors of the County of Riverside ("Board") and the Riverside County Registrar of Voters (the `Registrar"), are hereby requested to order the consolidation of the municipal election hereby called with any other election to be held within the City on said date, and within the territory affected by the consolidation, and the Board and the Registrar are hereby authorized to canvass the returns of said municipal election, and said municipal election shall be held in all respects as if there were only one election and the form of ballot shall be as provided for the Special Election. Said Board shall certify the results of the canvass of the returns of said municipal election to the City Council which shall thereafter declare the results thereof. SECTION 10. All persons qualified to vote at the Special Election in the City upon the date of the election herein provided for shall be qualified to vote upon the proposition submitted at said Special Election. SECTION 11. Ballots for the election shall be provided in the form and in the number provided by law. On said ballots, in addition to any other printed matter which may be required by law, two voting squares shall be set off to the right of the proposition submitted at the election, in the manner provided by law, one having the word "YES" printed before it, and the other having the word "NO" printed before it. SECTION 12. Each voter to vote for the proposition and for the incurring of said indebtedness shall stamp or write a cross, or indicate by hole punch, computer, of other means, in the blank space opposite the word "YES" on the ballot to the right of the proposition; and each voter to vote against the proposition and against the incurring of the indebtedness shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "NO" on the ballot to the right of the proposition. SECTION 13. This Ordinance shall be published once a day for at least seven days in a newspaper published at least six days a week in the City, or once a week for two weeks in a newspaper published less than six days a week in the City. SECTION 14. That the City Clerk is hereby directed to file this Ordinance with the Board of Supervisors of the County of Riverside and the Registrar of Voters, the election official of the County of Riverside. SECTION 15. That the City Council authorizes election expenses to be paid to the County upon presentation of a properly approved bill. SECTION 16. That the City Clerk is hereby directed to publish notice of the election and a synopsis of the measure pursuant to Section 6061 of the Government Code and Section 12111 of the Elections Code. SECTION 17. That the City Council, pursuant to Elections Code 9280, hereby directs the City Clerk to transmit a copy of this Ordinance to the city attorney. The City Council hereby directs the city attorney, upon receipt of these items, to prepare an impartial analysis of the measure showing the effect of the measure on existing law and the operation of the measure pursuant to the Elections Code. SECTION 18. That the City Clerk is hereby authorized to receive arguments for and against the measure, and rebuttal arguments, make such arguments available for public examination and transmit such arguments to the Registrar of Voters and take such other action (i as may be necessary pursuant to the Elections Code to accomplish the purposes set forth in this Ordinance. SECTION 19. That the City Council hereby directs the City Finance Director to prepare or cause to be prepared the tax rate statement required pursuant to Section 9401 of the Elections Code and to submit such statement to the City Clerk to be included in the election material within the times required by the Elections Code. SECTION 20. This Ordinance shall become effective immediately upon its adoption by two-thirds vote of all the members of the City Council, but the bonds authorized hereunder may only be issued after adoption by the voters as set forth herein. SECTION 21. The proposition shall be adopted upon a two-thirds vote of the electorate voting in favor of the proposition at the Special Election. SECTION 22. That should this Ordinance be enacted by the voters, the City Council shall be authorized to determine the timing and series in which such bonds shall be issued and the manner in which all funds shall be expended, and shall have the authority to enact all measures necessary to carry out the purposes of this Ordinance. This Measure shall be liberally construed to carry out its purposes. SECTION 23. CEQA Finding. Adoption of this ordinance is not subject to CEQA by virtue of CEQA Guideline 15378(b) (4), as the creation of a government funding mechanism which does not involve any commitment to any specific project is not a "project." In the alternative, even if this funding mechanism could be found to be a project under CEQA, it would be categorically exempt from CEQA pursuant to 14 California Code of Regulations Sections 15307, 15308, 15313 and 15262. SECTION 24. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. ADOPTED AND APPROVED this day of 2004. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: By: City Clerk Mayor REVIEWED AND APPROVED AS TO FORM: F^