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HomeMy WebLinkAbout12/1/2004 - STAFF REPORTS (17) DATE: December 1, 2004 TO: City Council FROM: Director of Strategic Planning AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,ADOPTNNG INTERIM DEVELOPMENT REGULATIONS FOR THE CHINO CONE AND ADJACENT AREAS PEF.IDONG THE. COMPLETION OF STUDIES AND THE PREPARATION OFAN UPDA T E OFTHE CI T Y S DEVELOPMENT REGULATIONS FOR THESE AREAS. RECOMMENDATION: Thatthe City Council approve the attached Interim Urgency Ordinance which will extend the Ordinance for ten (10) months and '15 days, SUMMARY: The Interim Urgency Ordinance was adopted on October 20, 2004, and is intended to create a new planning process for the Chino Canyon, Snow Creel:, and the south side of the Highway 111 corridor. Specific Plans and environmental impact reports would be required for all new development with the exception of single-farnily residences on existing lots of record. Nine(9) Planning Areas have been identified and a series of general requirements including a community planning, circulation/roadways/to"ails, large-scale resorts, water conservation, recreation, open space, infrastruotUre, public services, and fiscal analysis have been proposed. Each Planning Area has specific provisions that address overall density, density transfer, and open space. The sublecf Ordinance vvas adopted on October 20, 2004 and would expire on December 4, 2004 unless extended- At its October 20, 2004 meeting during public, comments, several property owners or representatives supported the proposed Ordinance. Pursuant to Government Code Section 65858(a), the City Council could grant a time extension of ten (10) months and 15 days. If adopted, the new expiration date will be October 18, 2005. Subsequently, the City Council could grant a second and final time extension of one (1) year. BACKGROUND: This Interim Urgency Ordinance is based upon the need to enact new land use regulations to protect public: health, safety, arid, welfare because current development standards do not sufficiently address density, the sensitivity to the terrain, and distinctiveness of the area. By adopting the Ordinance, the City Council directed staff to prepare a comprehensive study and analysis of the area covered by the Interim Urgency Ordinance. The comprehensive study would include master planning of roadways, traffic analysis, bikeways, trails, water conservation, infrastructure, land use density, f iscaN analysis, open space, and environmental analysis. In extending the Urgency Ordinance, the City Cosoncil must find and determine that the extension of the Ordinance is necessary to protect the, public safety, health, and welfare. Currently the northerly portions of the City are experiencing rapid growth which is causing effects upon public service and infrastrlocture. There are approxdmately2,395 new residential units either approved or planned. As a result of approved and planned development, the community is concerned about growth and development issues. Adoption of this Interim Urgency Ordinance would allow the City Council the opporb inity to evaluate land use density and intensity, land use patterns,and all other property development standards, including open space, conservation, and recreation prior to approval of new developments. Additionally, the interim regulation will allow the community the opportunity to participate in a public planning process during the preparation of required Specific Plans. Page 2 of 5 Based upon communitymeetings,staff drafted the Interim Zoning Regulations for City Council review and consideration. Key revisions to general requirements include introductory statement, revised community planning requirements,lsijls requirements,a 1,000 foot setback to existing singe-family residential developmentto large-.scale resorts located south of Highway 111, water- conservation provisions, habitat mitigation, and an allowance for single-family dwellings on existing lots of record. Community Meetings: At its September 8, 200?1 City Council Adjourned Meeting, staff was directed to seek input frond various community perspectives. Meetings were held with Palm Springs Econoric Development Corporation (PSEDC), Chino Canyon Property Owners and Stakeholders, Chino Canyon Neighborhood Associafion/Hillside Initiative, General Plan Steering Committee, and Planning Commissioners. Staff presented the September 8, 2004 mernorandurn from the City Attor ney and the Draft China Canyon Specific Plan Interim Zoning Regulations to each group. Staff I.ded to the greatest extent possible fo present the information in the same manner for each group. The City Attorney attended the first three meetings (PSEDC, Property Owners, and Chino/lnitiative Group). The following meeting summaries are provided: Palm Springs Economic Development Corp (PSEDC) - (Sep. 'IG 2004): Strategic Planning staff and City Attorney were invited to overview and answer questions regarding City Council consideration of interim zoning regulations. Attendees included key property owners, developers, Agua Caliente Band of Cahuilla Indians, and other PSEDC members. Key responses included strong concerns about the Hillside Initiative and its negative impact on the economy, positive comments about the need forthe City to address community concerns, and perceptions that Mountain Gate type projects sou`rh of Highway 111 would benefit the Hillside Initiative cause. Chino Canyon Property Owners/Stakeholders- (Sei . 2a, 2004 : City staff sent 30 notices to various property owners and stakeholders. The rneetiong was well-attended. Several property owners supported the proposed lntcrfm Zoning Regufafpons including the Specific Plan and proposed density criteria. Issues included density, Highway 111 frontage design, open space, (golf vs. other types), market needs, and Future lot sizes. Discussion regarding Specific Plan Areas#6 and*8 were the Focus of the group. Several property owners/developers expressed concerns that: development south of Flighvfay 111 needed to be high quality development. There appeared to be a consensus that density should be allowed to be clustered provided significant recreation and open space was provided. Consensus was that the proposed provision allowing density transfers and clustering of residential units in conjunction with a resort or championship golf course should be broadened so that natural desert open space, active recreation, and other uses are also encouraged. One of Specific Plan Area 1.10 (Snow Creek) property owners could not attend but had their representative contact staff by phone. This property owner supported the Specific Plan requirements, but objected to reducing the aflowable density from two (2) dwelling units per acre to one (1) unit per 40 acres. Concerns were expressed by a few individuals regzlrrling the community,planning requirements. Several people felt that it could delay processing projects. Others realized that developing a specific public involvement process would be beneficial. There were few specific comments on the proposed general requirements. ��� Page 3 of 5 Chino Canyon Neighborhood / Hillside initiative GrouP (Seta. 29, 2004): City staff contacted several individuals who were asked to coordinate a meeting. Four(4) individuals attended the meeting representing the Chino Canyon Neighborhood)and Hillside Initiative. Attthe beginning of the meeting one representative expressed a strong position in supportof the Hillside initiative and concerns that the City should allow the voters to speak. It appeared that this group wanted a "no build" moratorium imposed between nov✓and kiarch 2005. Staff and the City Attorney provided an overview of the Draft Interim Zoning Regulations. City Attorney discussed potential takings clain-is against:the City. The Hillside Initiative groups legal counsel has told them that the City vvouldl win any lawsuits filed as a result of Hillside Initiative approval. Staff discussed the economic benefits of additional resort and high-end residential housing. One member questioned the diraci relationship between additional hotel, residential development, and commercial development in downtown and stated that an economic study has never been done to show this linkage. General Plan Steering Commitiee(Sep. 30, 2004)_ At its August meeting, the Committee discussed the City's General Plan policies for hillside areas, alluvial fans, property ownership, and the Hillside Initiative boundaries. The O-tillslde lnit€ative was placed on the agenda at the Committee's request. At its September meeting, the Committee agenda included the Interim Zoning Regulations. Committee members spent'Nvo-plus hours evaluating and discussing the proposed regulations. Committee discussion was +pride-ranging and there was general consensus that the proposed regulations were preferred over the current General Plan. The Committee's comments are summarized as rollow: Master plans for large areas are the best way to erasure quality development; • Density was a concern, however, there lives support for clustering residential densities to create large, connected, and usable open space; Open space and recreation should be linked anr.I plans to provide access to all create a visual break between development areas; Scale of buildings will be h-nportant v++ith love-rise in open areas and increased building height could be considered when adjacent to hillside; • In Planning Areas 9.5 and f"5-A, the daisity of fourto six(4-5) units per ace may be too high. There was discussion about quallity of project/design vs. density. One member felt that proper design with higher density may be preferable in this area; Buildings need to be nestled into the land vs. severely graded sites; • There should be a balance beNveen economic opportunities and preservation; The Committee also discussed the pros and cons of the Community Planning Requirements. Overall the Committee supported a strong community involvement program for future Specific Plans. Tom Davis stated that the Tribal Council is concerned about challenges to the City/Tribal Land Use Agreement and that the Tribe will evaluate their status in (November and March. He also stated, if needed, the Tribe is ready to handle all la no use matters on Indian{and. He also said, F d� Page 4 of 5 even if the Tribe assumed the permitting role, it would work verj carefully with the City. Overall Committee discussion was very positive about looking at alternative development patterns which could result in creative and innovative development opportunities. Several members referenced master-planned devel'opi-rents in other communities or states which integrated substantial natural op en space and recreation into projects. The Sea Ranch project in northern California and Boulders in Arizona were mentioned. The Committee agreed that density transfers to allow for recreation and open space should be encouraged. Several members questioned the need for additional golf course development and virtually everyone seemed to agree that otherforms of recreation/open space needed to be encouraged. Several members expressed support or opposition for the Hillside Initiative. All Committee members participated in the discussion and comments at tine end of the meeting were very positive about the open discussion. Planning Commission Stud/Session-October 5,2104i The Planning Commission discussed the Draft Interim Zoning Regulations at its regular study session. After the staff report, several Commission members expressed very strong reservations about the proposal on the basis that it was similar to a moratoriun-u, and the planning process would be burdensome. Commissioners stated that the Chino Cone area was the City's last opportunity for high quality resort properties of the caliber of The Preserve, Bighorn, and Vintage. Other comments addressed how Indian landwould be considered, and developments need edtobe high quality, mountain views needed to be preserved, and open space and recreation should be seamless between properties. Two members expressed concerns about any development in this area due to the scenic qualities, but also felt that if the area was to be developed, it must be carefully planned. After lengthy discussion about the Specific Plan process, RIR requirements, community concerns, and the need to encourage resort, residential, and recreational opportunities; the Planning Commission's consensus was to support the Draft Interim Zoning Regulations as the appropriate next step in the planning process. The Commission provided direction in the following areas: 'I. Encourage density transfers and clustering of development to encourage open space and recreation. 2. Open space and recreation areas must be designed to encourage view protection, be accessible to the public (by view and/or actual use) and be linked. 3. Indian Lands within Planning Areas 3 end ;',S should be consolidated into one (1) Specific Plan Area. 4. Golf course developrent, r�vhile not mandatory, should be encouraged with specific emphasis on a championship facility that could host golf tournaments. 5. Specific Plan Area 46: This area twill require a strong design program which maintains/creates view corridors, creates substantial open space by clustering development,and strong Highway 111 frontage design. Commissioners supported the two (2) dwelling units per acre density. Residondal design should incorporate design concepts similar to Smoke Tree Ranch (fencing restrictions and open space). 6. Specific Plan Area#8: This area should incorporate a strong highway 111 landscape �"V`� Page 5 of 5 design program which would screen development and create a transition as the entryway to Palm Springs. Development should be clustered to create a rural feeling with an overall density not exceeding-hnfo to three (2-3) units per acre. Evaluation of a National Monument Visitors' Center should be considered as opposed to a more conventional park as Currently shown on the General Plan. 7. Specific Plan Area 419: The Planning Commission supported the property owner's request to maintain Nvo (2) units per acre on ffie alluvial fan provided density was Clustered to maintain scenic vistas and natural open space. It was noted that this parcel is extremely remote and adjacent to publicly owned land. At the end of the discussion, Con 2misslon members virere very supportive of the proposed Specific Planning process and adoption of Interim Zoning Regulations. The public hearing notice was published in the Desert Sun and Staff sent a courtesy notice to individuals who ,have participated in the drafting and review of this Ordinance. Director of trategic Planning City Manager —� ATTACHMENTS. 1. Public Hearing Notice 2. Ordinance 3. Map PROOF OF PUBLICATION This is space for County Clok's Filing Sump (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside ------------------------------------------- I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid; I am over the age of eighteen ---------------------------------------------- yeas,and not a party to or interested in the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, _ printed)and published in the city of Palm Springs, No.0627 Coln of Riverside,and which newspaper has been CITY OF PALM SPRINGS CountyORDINANCE 1664 adViudged a newspaper of general circulation by the SUMMARY Superior Court of the County of Riverside,Slate of An Interim Urgency Ordinance of the City Council of the City a Palm Springs, California, e.tend n California under the date of March 24,1988.Case Interim Development Regulations for ten (10i months and fifteen(15)days,the Chino Cone and Number 191236;that the notice,of which the adjacent areas pending the completion of studies and the reparation of an update of the Cit 's �1 than annexed 19 a iel, as Copy(Set in type each Smaller Development Regulations for these areas. y V 1 than non pmiel,has been published in each regular A full copy of Ordinance 1663yc.on fits-u nit 0€._ and entire issue of said newspaper and not in any ace of the Citv Clerk. - - supplement thereof on the following dates,to wit: I, Kathie Hart, Acting City Clerk of the City of Palm Springs, California, do hereby certify that p / the foregoing Urgency Ordinance was adapted by December 1 Sn' the following vote' ______________________________________________________________ AYES: Members Feat, McCulloch, Mills, Pougnet, and Mayor Oden NO None ABSTAIN. None All in the year 2004 ? Acting City Clerk PUB December 18, 2004 1 certify(or declare)under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs,California this----20a'----day o ------D cenall-----------2004 � /c7rgllatl�7'e— NOTICE OF CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS Interim Urgency Ordinance Adopting Interim Urgency Regulations for the Chino Cone and Adjacent Areas and Notice of Exemption from the California Environmental Quality Act Applicant: City of Palm Springs NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of December 1, 2004. The City Council meeting begins at 7:00 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the Hearing is to consider the extension, for 10 months and 15 days, of an interim urgency ordinance adopting interim urgency regulations for the Chino Cone and adjacent areas pending the completion of studies and the preparation of an update of the City's development regulations for these areas. Pursuant to Government Code Section 65858(a), the City Council finds that the current standards for development within the Urban Reserve classification, as applied to the Chino Cone and adjacent areas, may be too broad and create a current and immediate threat to the public health, safety, or welfare. This Ordinance would establish interim regulations for nine Planning Areas while permanent development standards for the Planning Areas are studied. Prior to development in any of the nine Planning Areas, the interim regulations require that a specific plan be approved for the entire Planning Area, which would allow development to continue, although more consistent with the standards being studied for the permanent regulations. The interim regulations would include new density standards that would reduce the overall density of the Chino Cone and adjacent areas by approximately 54%. In addition, the interim regulations would require that any proposed specific plan include a program to address infrastructure, transportation including bikeways and trails, recreation and open space, water conservation and availability analysis in compliance with SB 221 and SB610, and fiscal impact analysis. A new community planning requirement includes the preparation of a strategic management plan that would guide the preparation, public review/involvement and processing of each specific plan. The City of Palm Springs, in its capacity as the lead agency for this project under the California Environmental Quality Act (CEQA), evaluated the potential environmental impacts of the Ordinance. Pursuant to Section 15262 of CEQA, this Ordinance is exempt from environmental review whereas this Ordinance authorizes the undertaking of feasibility and planning studies and any development which may occur pursuant to the interim standards will not be approved until a complete environmental evaluation of the proposed project has occurred. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Douglas R. Evans, Director of Strategic Planning, at(760) 323-8270. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. KATHIE HART Acting City Clerk PROOF OF PUBLICATION This is spare for County Clerks Filing Stamp (2015.5.C.C.P) No.0354 NOTICE OF CITY COUNCIL MEETING STATE OF CALIFORNIA NOTICE OF PUBLIC HEARING - County of Riverside __- CITY OF PALM SPRINGS - 'ldtedm Urgency Ordinance Adop4ng Interim Urgenry Regulations for the Chino Cone and Adjacent Areas and Notice of Exemption from the California Environmental Quality Act Applicant: City of Palm Springs NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of December 1, I am a citizen of the United States and a resident of z004 The City Councu meeting begins at 7r 00 pm. in the Council Chamber at City Hall, 3200 the County aforesaid;I am over the age of eighteen East Tahguitz Canyon Way, Palm Springs. years,and not a party to or interested in the The purpose of the Hearing is to consider the ex- tension,for 10 months and 15 days,of an interim above-entitled matter.I am the principal clerk of a urgency ordinance adopting interim urgency reign- .j tinter of the DESERT SUN lotions for the Chino Cone and adjacent areas Nit P e UN PUBLISHING pending the comp letion of studies and the prepa- y COMPANY a newspaper of general circulation, ration of an update of the City's development reg- ulations for these areas. printed and published in the city of Palm Springs, pursuant to Government code section 65658(a), County of Riverside,and which newspaper has been the City Council finds that the current standards i a newspaper of general circulation b the for devslopment within the Urban Reserve class!- adjudged j g Y fication, as applied to the Chino Cone and sail Superior Court of the County of Riverside,State of cent areas, may be too broad and create a cur- rent and immediate threat to the public health, California under the date of March 24, 1988.Case safety, or welfare. Number 191236;that the notice,of which the This Ordinance would establish intenm regulations annexed is a printed co in a not smaller for nine Planning Areas while permanent develop- P Py(set type ment standards for the Planning Areas are stud- than non pariel,has been published in each regular led Prior to development in any of the nine Plan- ning Areas, the interim regulations require that a and entire issue of said newspaper and not in any specific plan be approved for the entire Planning Area, which would allow development to con4n- supplement thereof on the following dates,to wit: us although more consistent with the standards being studied for the permanent regulations The interim regulations would include new density November 20n' standards that would reduce the overall density of the Chino Cone and adjacent areas by approxi- ______________-------------------_---____—-----_---F------ mately 54%. In addition, the interim regulations would regulre that any proposed specific plan in- clude a program to address infrastructure, trane- ___________________________—___________________________ notation including bikeways and trails, recreation ____ - and open space, water conservation and avail- All in the ear 2004 ability analysis in compliance with SB 221 and y SB6t 0, and fiscal Impact analysis. A new com- ' munity planning requirement includes the preps- ration of a strategic managqement plan that would 1 certify(or declare)under penalty of perjury that the guide the preparation, puhlis review/involvement foregoing is true and correct. and processing of each specific plan. The City of Palm Springs, in its capacity as the lead-agen tp this project under the California Dated at Palm Springs,California this----70'----day EnvironmentT buality Act (CEQA1, evaluated the potennal environmental Impacts of the Ordinance. Pursuant to Section 15202 of CEQA, this Ordi- nagnce is exempt from environmental review of feasibility ent which occur uant vprentlhviroonm utlnt Idnd evaluationsofdthetproposk-Of------December---------,2004 whereas this Or manse authorizes the ards as d any de- the inter- II a com- plete- proposed Signature If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or In written correspondence at, or prior to, the City Council hearing. An opportunity will be given at said hearinq for all interested persons to be heard. Questions regarding this case may be dill rooted to Douglas R. Evans, Director of Strategic Planning, at (760) 323-8270. Si necesita aydda con esta carts,porfavor Ilamear a la Ciudad de Palm Springqs 1 puede habl con Nadine Fieger telefono (760) 323-8245. Kathie 1- A, 'ig Clty Glerk I,the undersigned, say: I am and was at all times herein mentioned, a citizen of the United States and employed in the County of Riverside, over the age of eighteen years, and not a party to the within action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs, California; that on the 19th day of November, 2004, 1 served the within NOTICE OF PUBLIC HEARING for the December 1, 2004 meeting of the CITY COUNCIL on the Chino Cone Urgency Ordinance to consider the extensions, for ten (10) months and 15 days, of an interim urgency ordinance adopting interim urgency regulations for the Chino Cone and adjacent areas pending the completion fo studies and the preparation of an update of the city's department regulations for these areas. This Notice was served on persons contained in Exhibit "A" attached hereto in said action or proceeding by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in a mailbox, sub-post office, substation or mail chute, or other like facility, regularly maintained by the Government of the United States in the City of Palm Springs, California, addressed to the list of persons or firms indicated on the report received on September 17, 2004 and certified by the City's Principal Planner and attached hereto as Exhibit"A". I hereby declare under penalty of perjury that the foregoing is true and correct. Loretta D. Moffett, Senior S&�ifary Dated at Palm Springs, California, this 22nd day of November, 2004 r� F" Public Hearing Notices Notification Information for City Council Hearing on December 1 , 2004 Case No. Chino Cone Urgency Ordinance 1663 Applicant Name: City of Palm Springs Address Strategic Planning Department Project Location & Chino Canyon Area Description: Consideration of 10 months & 15 days extension of Interim Urgency Ordinance Assigned Planner: Doug Evans & Jing Yeo Labels Prepared by: Jing Yeo Certification to November 22, 2004 City Clerk Date: Property Owners / Groups / I Date Notices I Number of Organizations Mailed Notices Mailed To Desert Sun for publication on: by City I I 1 Clerk Applicant/Sponsors - City (DRE & JY) November 19, 2004 1 Property Owners: Land Owner (master lessor) November 19, 1004 12 Master Lessor (sub-lessor) Sub-lessee (unit owner) Indian Land Owners - to BIA November 19, 2004 5 Neighborhood Coalition November 19, 2004 9 Homeowners Association ONIPP Agua Caliente Band/Cahuilla Indians Rep November 22, 2004 1 City Rep for Verification (office & home November 22, 2004 1 address) Public Agencies & City Staff- IS or EA 2 Other Interested Parties November 22, 2004 9 Public Notice Binder & Case File November 22, 2004 2 TOTAL NUMBER MAILED OR FAXED 43 O�f •�.Ly s'I � N City of Palm Springs °�uFortN`� Department of Strategic Planning 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 Telephone: 760-323-8270- Fax: 760-322-8360 MEMORANDUM Date: November 22, 2004 From: Jing Yeo Principal Planner Subject: Mailing Labels for Notice of Public Hearing City Council Hearing of December 1, 2004 Chino Cone Urgency Ordinance This is to certify that the attached labels were created on September 17,2004 and that labels were certified by the Strategic,Planning Department's Principal Planner using the most current information available. To the best of my knowledge, the labels are complete and accurate. i Jing o, Principal Planner November 2, 2004 :Idm 504 020 007 504 020 008 604-020-011 Riverside County Flood Cont Riverside County Flood Cont SHADOWROCK DEVELOPMENT CORP 1995 Market St 1995 Market St 64-515 VIA FERMATO Riverside, CA 92501 Riverside, CA 92501 PALM SPRINGS CA 92264 504 030 001 504 030 005 504-030-007 Richard Michael Kluszczynski Riverside County Flood Cont SHADOWROCK DEVELOPMENT CORP Juan Cueto 1995 Market St 64-515 VIA FERMATO 1090 W Cielo Dr Riverside, CA 92501 PALM SPRINGS CA 92264 Palm Springs, CA 92262 504 030 009 504-030-010 504-030-011 Weston Holding Cc Llc SHADOWROCK DEVELOPMENT CORP SHADOWROCK DEVELOPMENT CORP 2154 NE Broadway St#200 64-516 VIA FERMATO 64-515 VIA FERMATO Portland,OR 97232 PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 504 040 001 ' 504 040 045 504 040 046 City Of Palm Springs Stephen Culver Nichols Wessman Holdings Lle 2901 N Palm CanyoA Dr Frank Culver Nichols 300 S Palm Canyon Dr Palm Springs, CA 9B62 879 N Palm Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92262 504 040 047 504 040 048 669 310 002 Stephen Culver Nichols Stephen Culver Nichols Joseph Estate Sugar&Lorraine Sheinb Frank Culver Nichols Frank Culver Nichols 1475 S Calle Marcus 879 N Palm Canyon Or 879 N Palm Canyon Dr Palm Springs, CA 92264 Palm Springs,CA 92262 Palm Springs, CA 92262 669 310 003 669 320 004 669 320 005 Joseph Estate Sugar&Lorraine Shenib Samson Funding Corporation Samson Funding Corporation 1475 S Calle Marcus 9777 Queens Blvd#910 9777 Queens Blvd#910 Palm Springs, CA 92264 Rego Park,NY 11374 Rego Park,NY 11374 669 320 009 669-320-010 669 372 001 Cvcwd SHADOWROCK DEVELOPMENT CORP Stanley Broxmeyer PO Box 1058 64-515 VIA FERMATO 69730 Highway 111 #207 Coachella, CA 92236 PALM SPRINGS CA 92264 Rancho Mirage, CA 92270 669 372 002 Stanley Broxmeyer 69730 Highway 111 #207 Rancho Mirage,CA 92270 pALM SA City of Palm Springs = -�'� ° Qw� Department of Strategic Planning N 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Tel: (760) 323-8245 Fax: (760) 322-8360 ""FOUL MEMORANDUM Date: November 18, 2004 To: Ziva Hillinger (mailed) Steve Nichols (760) 323-1594 Mark Bragg, Shadowrock (760) 325-0138 Simon Housman (760) 328-4985 Tom Davis, Tribal Chief Planning Officer (760) 325-6952 Bureau of Indian Affairs (760) 416-2687 Paul Selzer (760) 320-9507 Mr. Hamel, c/o Paul Selzer Steve Long, Century Crowell Communities (909) 381-0041 Ken Felkel, Century Crowell Communities John Pavelak, Century Crowell Communities Stanley Broxmeyer, c/o Century Crowell Communities (Also mailed) Samson Funding Trust, c/o Century Crowell Communities Richard M. Kluszczynski (mailed) Weston Holding Co., LLC (mailed) David Aleshire, City Attorney (949) 223-1180 Kathryn Lottes, Director of Planning Services From: Douglas R. Evans, Director of Strategic Planning Subject: Notice of City Council Public Hearing regarding Chino Cone Urgency Ordinance Please find attached a notice of the City Council public hearing on December 1, 2004 regarding the extension, of 10 months and 15 days, of the Chino Cone Urgency Ordinance. This notice is being provided as a courtesy and you are welcome to attend the public hearing to provide comment. Page 1 MR BILL DAVIS AND NEIGHBORHOOD COALITION MR PETER DIXON MS TRISHA DAVIS C.C. HEARING DECEMBER 1,2004 TENNIS CLUB AREA TENNIS CLUB AREA CHINO CONE URGENCY ORDINANCE 431 SOUTH MONTE VISTA DRIVE 555 West Baristo Road#2C PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR FRANK TYSEN C/O CASA CODY COUNTRY INN MS CHRISTINE HAMMOND MR BOB WEITHORN SMALL HOTELS TAHQUITZ RIVER ESTATES TENNIS CLUB/SMALL HOTELS 175 SOUTH CAHUILLA ROAD 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR TIM HOHMEIER MS ROXANN PLOSS MR PHIL TEDESCO DEEPWELL OLD LAS PALMAS DEEPWELL RANCH 1387 CALLE DE MARIA 930 CHIA 335 BIG CANYON DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA HISTORIC TENNIS CLUB AREA INDIANS sJ=0-0-J=�>-0 INDIANS 565 WEST SANTA ROSA DRIVE 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CHINO CONE URGENCY ORDINANCE VERIFICATION NOTICE-0=J-:D MS LORETTA D MOFFETT PO BOX 2494 PALM SPRINGS CA 92263-2494 MR PETE MORUZZI HISTORIC SITE REP-J-0-J PALM SPRINGS MODERN COMMITTEE PO BIX 4738 PALM SPRINGS CA 92263-4738 NOTICE OF CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS Interim Urgency Ordinance Adopting Interim Urgency Regulations for the Chino Cone and Adjacent Areas and Notice of Exemption from the California Environmental Quality Act Applicant: City of Palm Springs NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of December 1, 2004. The City Council meeting begins at 7:00 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the Hearing is to consider the extension, for 10 months and 15 days, of an interim urgency ordinance adopting interim urgency regulations for the Chino Cone and adjacent areas pending the completion of studies and the preparation of an update of the City's development regulations for these areas. Pursuant to Government Code Section 65858(a), the City Council finds that the current standards for development within the Urban Reserve classification, as applied to the Chino Cone and adjacent areas, may be too broad and create a current and immediate threat to the public health, safety, or welfare. This Ordinance would establish interim regulations for nine Planning Areas while permanent development standards for the Planning Areas are studied. Prior to development in any of the nine Planning Areas, the interim regulations require that a specific plan be approved for the entire Planning Area, which would allow development to continue, although more consistent with the standards being studied for the permanent regulations. The interim regulations would include new density standards that would reduce the overall density of the Chino Cone and adjacent areas by approximately 54%. In addition, the interim regulations would require that any proposed specific plan include a program to address infrastructure, transportation including bikeways and trails, recreation and open space, water conservation and availability analysis in compliance with SB 221 and S13610, and fiscal impact analysis. A new community planning requirement includes the preparation of a strategic management plan that would guide the preparation, public review/involvement and processing of each specific plan. The City of Palm Springs, in its capacity as the lead agency for this project under the California Environmental Quality Act (CEQA), evaluated the potential environmental impacts of the Ordinance. Pursuant to Section 15262 of CEQA, this Ordinance is exempt from environmental review whereas this Ordinance authorizes the undertaking of feasibility and planning studies and any development which may occur pursuant to the interim standards will not be approved until a complete environmental evaluation of the proposed project has occurred. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Douglas R. Evans, Director of Strategic Planning, at (760) 323-8270. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. KATHIE HART Acting City Clerk Exhibit A FIB . City of Palm Springs 'SKIMT1, -! Department of Strategic Planning N 02.1 � } �, 2 igyy�,.,,, �,�{ -7iF'.� +�'�:• x� y° 7f r.�j nrR.t � r. y - Hzt's" �32s" TV 9 t Planning Areas Density It�1a�—� . PA NAME PA ACRES DENSITY ACRES PA Densitygab.. �_PM - PA-1 57000 45417 j a a PA-2 36023 3602', 415 I v .j '- i 4 tx "* VT.sue- A. PA-3 37879 30598 612 ig '�. PA-4 119 22 9820 "19711 + PA-5 3652 3652 219 + },,.+ 3 PA-5A 8 26 8 26 50 PA-6 125 73 12573 25.1 PA-7 17593 '17432 0 PA-8 20278 123100 246 "4I� PP.&1119023 — 10021 100 iy� - v� t, P i r45 PA-9-2 14358 287 'z" + te, 4 -v' ^y ��vm qa N • �+ 1930-44 2388 TOTAL 3172.70 ORDINANCE NO. 1664 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING INTERIM DEVELOPMENT REGULATIONS, FOR 10 MONTHS AND 15 DAYS, FOR THE CHINO CONE AND ADJACENT AREAS PENDING THE COMPLETION OF STUDIES AND THE PREPARATION OF AN UPDATE OF THE CITY'S DEVELOPMENT REGULATIONS FOR THESE AREAS. WHEREAS, the "Urban Reserve Area" within the Chino Cone and adjacent area has long been recognized as one of the most unique areas of the City Palm Springs ("City") and of the State of California; and WHEREAS, the Urban Reserve Area in the Chino Cone and adjacent area rises from the desert floor approximately 2,000 feet, to where the Valley Station of the Palm Springs Aerial Tram ascends an additional 6,500 feet to the forests of Mt. San Jacinto such that the broad reach of the Chino Cone alluvial fan is visible for miles from many different directions; and WHEREAS, the unique features of the Chino Cone area have always been recognized in the City's General Plan process; and WHEREAS, in 1959 the area was studied in a General Plan Report, and a plan for the area was produced in 1966, proposing a spectrum of residential densities ranging from one (1) unit per five (5) acres to 43.5 units per acre, including resort hotel and commercial areas; and WHEREAS, pursuant to the 1966 plan, the urban reserve concept was recommended for the Chino Cone area as a "holding" zone designation until specific development plans could be proposed; and WHEREAS, the 1966 plan also prohibited development on slopes greater than 30%; and WHEREAS, the 1966 standards for development within the Chino Cone area were amended in the 1993 General Plan; and WHEREAS, over the years, although many developers have considered development of the Chino Cone and adjacent areas, the difficulty of the rocky terrain, environmental constraints, the land ownership patterns, and general real estate market conditions have kept any developer from actually obtaining permits for development; and WHEREAS, in 1993 the General Plan for the Chino Cone area was amended by reducing intensity of development in recognition of the area's natural assets, topography, and desire to maintain the scenic quality of the area; and WHEREAS, in 1993, the areas in the upper Chino Cone were changed from Resort and residential development to Conservation, one (1) dwelling unit per 20 acres, and for very low density residential development one (1) unit per acre; and WHEREAS, areas in the middle and lower Chino Cone area had allowable density reduced to very low density residential development, two (2) units per acre and to low density development six (6) units per acre; and Ordinance No. 1664 Page 2 WHEREAS, the density around the Palm Springs Visitors' Center was reduced to low density residential development six (6) units per acre and Neighborhood Shopping Center; and WHEREAS, to date, the Shadowrock Project, for which a Development Agreement was approved by City Council Resolution 1462 in 1993, as memorialized in Palm Springs Municipal Code ("PSMC") Section 94.08.05, is the only development project to be approved within the Chino Cone and adjacent areas; and WHEREAS, pursuant to the Development Agreement, the Shadowrock Project was designed to create a destination resort hotel to include a 60-unit hotel, 135 single-family luxury estates, 210 luxury condominiums, and a golf course all within the upper portion of the Chino Cone below the area which is referred to as the "oasis;" and WHEREAS, as the result of environmental litigation followed by the evaporation of the real estate market for hotel resorts the Shadowrock Project has been delayed for some ten (10) years; and WHEREAS, after a slow real estate market within the City during the 1990's, developers who had experienced success "in other portions of the Coachella Valley" began to reconsider the City, and several significant projects were proposed for development on the fringes of the then-developed areas of the City; and WHEREAS, for example, Century Homes constructed Mountain Gate I, a standard mid- market subdivision with a density of four (4) units per acre, along Highway 111 at the entry to Palm Springs; and WHEREAS, the success of Mountain Gate I has now led to the proposal to develop Mountain Gate II, for a two project total of 514 units and further phases are now being planned; and WHEREAS, the desert entry to the City of Palm Springs, its topography, vegetation, and scenic vistas, has been a part of the regional, national, and international renown and appreciation of the unique natural beauty and charm of the City, and currently projects are being developed along the entry to the City which wall off the traveler from these vistas; and WHEREAS, on the Chino Cone and adjacent areas itself, several lower density luxury residential projects have been proposed, but generated controversy due to significant neighborhood concern over environmental issues including, but not limited to, the volume of grading and lack of sensitivity to the natural terrain; and WHEREAS, as described in PSMC Section 92,22.00, most of the Chino Cone is now zoned Urban Reserve and the City's Urban Reserve designation permits land uses consistent with the General Plan; and WHEREAS, for the Chino Cone area, land uses permitted under the General Plan include hotel, single-family residential, multi-family residential, neighborhood commercial, resort commercial, and recreational land uses; moreover, all development in this area must be master planned with a Planned Development District ("PD") or Specific Plan and requires the preparation of an environmental impact report ("EIR"); and Ordinance No. 1664 Page 3 WHEREAS, the development standards in the Urban Reserve Zone, which are set forth in PSMC Section 94.03.00, require that development proposals be made in 40 acre increments with minimum lot sizes of 10,000 square feet; however, through the PD mechanism, development can be approved to lesser standards; and WHEREAS, the City Council desires to respond to the concerns of its citizens regarding development within the Chino Cone and adjacent areas; and WHEREAS, in light of the rapid development of the northerly portion of the City, which includes the development of 192 acres into 705 dwelling units within the past two (2) years, in addition to which there are a number of pending projects on an additional 437 acres, totaling 1,690 dwelling units, the City Council believes that the development wave will continue on up into the Chino Cone and adjacent areas including the entry to the City; and WHEREAS, in anticipation of this expected development progression, before developers begin investing money to plan projects to be constructed within the Chino Cone and adjacent areas, the City Council desires to revise the planning process for development within these areas; and WHEREAS, the City Council finds and determines that the City's current standards for development within the Urban Reserve classification, as applied to the Chino Cone and adjacent areas, may be too broad and create a current and immediate threat to the public health, safety or welfare because the current standards do not sufficiently address density and similar issues which acknowledge a sensitivity to the natural terrain and the distinctiveness of the area; and WHEREAS, the City Council desires that staff undertake a comprehensive study and analysis of the development standards applied to development within the "entry to the City," which includes all areas to the west of Highway 111 from Snow Creek to the Chino Cone, excluding land within the County of Riverside, as indicated on the map attached hereto and incorporated herein as Exhibit "A," to ensure that such development is undertaken in a manner that is sensitive to the unique qualities of the property ; and WHEREAS, the City Council believes that, for development purposes, the entry to the City areas should be considered as nine (9) separate sub-areas (sub-areas may be referred to as "Planning Areas"): Area #1 - Palm Springs Aerial Tram; Area #2 — Shadowrock; Area #3 - Agua Caliente Reservation; Area #4 - Tramway South; Area #5 - Visitor Center (including a commercial development sub-area); Area 46 - Chino Cone Gateway; Area #7 - Chino Creek; Area #8 - Highway 111 Corridor; and Area #9 - Snow Creek; and WHEREAS, while permanent development standards for the nine (9) Planning Areas are being studied, the City Council desires to impose, as an interim regulation pertaining to each Planning Area, the obligation that, prior to development within any of the nine (9) Planning Areas, a specific plan be approved for the entire Planning Area which would allow development to continue, albeit in a manner more consistent with the concepts being studied for inclusion in the permanent regulations; and WHEREAS, a specific plan must be adopted by ordinance after public hearings before the Planning Commission and City Council; and Ordinance No. 1664 Page 4 WHEREAS, with respect to the specific plans, the City Council desires to: (1) retain the current requirement that land developed within an Urban Reserve area undertake a complete environmental review, and (2) add the new requirement of a community planning component which requires a developer to give early notice of its proposed project to neighborhood groups and to meet and discuss the proposed project with the neighborhood groups; and WHEREAS, during the interim period, the City Council desires to adopt new density of development standards for each of the Planning Areas which are consistent with the "Chino Canyon Specific Plan Area Interim Zoning Regulations Creating Specific Plan Areas for Chino Canyon, Snow Creek, and South Side of Highway 111 Corridor Between Gateway Drive and City Limits" which is attached hereto and incorporated herein as Exhibit "B" and which is summarized as follows: (a) Planning Area #1: one (1) unit per 40 acres; (b) Planning Area #2: Shadowrock Development Agreement; (c) Planning Area #3: two (2) units per acre: 20,000 square foot minimum lots; (d) Planning Area #4: two (2)units per acre: 20,000 square foot minimum lots; (e) Planning Area #5: resort commercial and residential; (f) Planning Area #6: two (2) units per acre: 20,000 square foot minimum lots; (g) Planning Area #7: watercourse and recreation; (h) Planning Area #8: two (2) units per 2.5 acres; and (i) Planning Area #9: one —two (1-2) units per acre; and WHEREAS, in an effort to develop comprehensive and appropriate revisions to the City's development regulations for the areas indicated on Exhibit "A," the City Council desires that staff: (1) proceed with a comprehensive study of the City's current standards for development within the nine (9) Planning Areas; (2) prepare new planning standards for each of the Planning Areas to include the following components including, but not limited to: (a) master planning of road alignment, (b) traffic analysis, (c) a bikeway and trail plan, (d) water conservation and availability analysis, (e) an infrastructure plan, (f) minimum development standards which comply with the density standards of each of the sub-areas, (g) a fiscal impact analysis, (h) an open space plan, and (i) environmental review; and (3) prepare new density of development standards for each of the nine (9) Planning Areas during the interim period; and WHEREAS, the City Council finds and declares that all projects with approvals of entitlements, including development agreements, as of the effective date of this Interim Urgency Ordinance are permitted to proceed under such entitlements, but all projects without entitlements or permits shall be subject to the standards hereof; and WHEREAS, on October 20, 2004, the City Council adopted an interim urgency ordinance establishing interim development regulations, for 45 days, for the Chino Cone and adjacent areas pending the completion of studies and the preparation of any updated of the City's development regulations for these areas; and WHEREAS, in the past 45 days, staff has continued to meet with property owners to discuss future land uses, development opportunities, and public involvement and met with the General Plan Update consultant and Planning Commission subcommittee regarding future development standards and planning process for the Chino Cone and adjacent areas; WHEREAS, Century Crowell Communities, LP for Ziva Hillinger has submitted an application for the Tuscany Falls Specific Plan, which proposes a density that exceeds the allowable density under this urgency ordinance; and Ordinance No. 1664 Page 5 WHEREAS, Government Code Sections 65858, 36934, and 36937 expressly authorize the City Council to adopt an urgency ordinance and to impose interim regulations which are applicable to the nine (9) Planning Areas, until updated regulations are adopted, to reassure the public that there will be an updated detailed planning process applicable to these areas. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Above-Recitals. The above recitals are true and correct. SECTION 2. Effectiveness of Ordinance. This Interim Urgency Ordinance shall be effective for ten (10) months and fifteen (15) days from and after the date of its adoption, pursuant to the authority conferred upon the City Council by Government Code Section 65858(a). SECTION 3. Urgency Declaration. The City Council finds and determines that the City's current standards for development within the Urban Reserve classification, as applied to the nine (9) Planning Areas at issue herein, may be too broad and create a current and immediate threat to the public health, safety or welfare because the current standards do not sufficiently address density and similar issues which acknowledge a sensitivity to the natural terrain and the distinctiveness of the area. Thus, the City Council directs staff to undertake a comprehensive study and analysis of the development standards to be applied to all development within the nine (9) Planning Areas. The comprehensive study shall include, but not be limited to, the following components: (1) master planning of road alignment, (2) traffic analysis, (3) a bikeway and trail plan, (4) water conservation and availability analysis; (5) an infrastructure plan; (6) minimum development standards which comply with the density standards of each of the sub-areas, (7) a fiscal impact analysis, (8) an open space plan, (9) environmental review, and (10) the preparation of new density of development standards for each of the Planning Areas. The study shall be completed within a reasonable time. SECTION 4. Urgency Findinqs. In extending this Interim Urgency Ordinance, the City Council finds and determines that the extension of this Interim Urgency Ordinance is necessary to protect the public safety, health, and welfare, as those terms are defined in Government Code Section 65858(a), for the reasons set forth below in this Section 4. (a) The City is experiencing rapid growth in the northern part of the City that has created a need to carefully evaluate all new development for effects on public safety, infrastructure, and other public services. (b) The City Council has determined that community concerns about growth and development have caused a need to evaluate the land use pattern, density, and overall property development standards that will have a direct effect upon public safety, health, and welfare. (c) By evaluating land use patterns, density, and overall property development standards, the City can evaluate open space and recreation needs and ensure that future development creates a strong positive relationship between conservation, open space, recreation, and economic development opportunities. Ordinance No. 1664 Page 6 (d) Given that the undeveloped portions of the northern part of the City are rapidly developing, developers will soon propose projects to be constructed within the Chino Cone and adjacent areas. In anticipation of this expected development progression, before developers begin investing money to plan such projects, the City Council believes that it is necessary to revise the planning process for development within these areas. (e) The Specific Plan process outlined in this Interim Urgency Ordinance will allow the community the opportunity to participate in the public planning process to ensure that community concerns are considered as plans are being prepared. (f) Were the City Council or Planning Commission to grant any entitlement, zoning variances, or other discretionary land use permits relating to development within the nine (9) Planning Areas pursuant to the City's currently-applicable development regulations, during the pendency of the studies necessary to revise the development standards applicable to the nine (9) Planning Areas, such approvals could: (1) Fail to adequately address the land use patterns density, public services, and infrastructure of development within the nine (9) Planning Areas; (2) Fail to sensitively address planning issues specific to the natural terrain and natural resources of this unique area; (3) Undermine the orderly development of property within the nine (9) Planning Areas, resulting in a reduction of the quality, caliber and aesthetics of the development within the nine (9) Planning Areas; and (4) Undermine the orderly development of property within the nine (9) Planning Areas, resulting in the inability of the City to assure that the nine (9) Planning Areas are developed to their highest and best use as allowed by law. Thus, the approval of entitlements for development within the nine (9) Planning Areas pursuant to the City's existing zoning ordinance would result in that threat to public health, safety, and welfare, as identified above in this Section 4. Due to the foregoing circumstances, it is necessary for the preservation of the public health, safety, and welfare that this ordinance take effect immediately. SECTION 5. Measures Taken To Alleviate Condition Which Led to Adoption Of Ordinance. Pursuant to Government Code Section 65858(d), in the past 45 days, staff has continued to meet with property owners to discuss future land uses, development opportunities, and public involvement programs. Recently, the Tuscany Falls Specific Plan was submitted by Century Crowell Communities, LP for Ziva Hillinger. The Specific Plan proposes densities that exceed those allowed under this urgency ordinance. In a preliminary review of the application, staff has concerns regarding the density and design of the project and its impacts on public services. The Specific Plan, as proposed, poses a threat to public health, safety, and welfare, as identified in Section 4. Staff will continue to work with the applicant to ensure that the project complies with the interim regulations as defined in this urgency ordinance. Staff has also met with the General Plan Update consultant and the Planning Commission subcommittee regarding future development standards and the planning process for the Chino Cone and adjacent areas. Ordinance No. 1664 Page 7 SECTION 6. Interim Requlations. From and after the date of this Interim Urgency Ordinance, until the adoption of revised regulations, neither the Planning Commission nor the City Council shall approve a discretionary land use development entitlement or discretionary land use permit relating to development within the nine (9) Planning Areas defined on Exhibit "A" without: (1) the approval of a specific plan, (2) consistency with the density of development and other standards set forth on Exhibit "B," (3) a complete environmental review, (4) compliance with community planning requirements, and (5) submission of adequate traffic, circulation, infrastructure, and other planning improvements identified in Section 3. SECTION 7. CEQA Findinq. The City Council hereby finds that there is no possibility that the extension of this Interim Urgency Ordinance will have a significant effect on the environment. This finding is supported by the following facts: (1) this ordinance authorizes the undertaking of feasibility and planning studies; and (2) any development which may occur pursuant to the interim standards will not be approved until a complete environmental evaluation of the proposed project has occurred. This Ordinance is therefore exempt from California Environmental Quality Act review pursuant to 14 California Code of Regulations Section 15262. SECTION 8. Grandfatherinq. This Interim Urgency Ordinance shall not apply to any project which has been previously approved by the City or its constituent boards, commissions or officials so long as such approvals remain valid, nor shall it apply to any application for discretionary land use development entitlements, zoning variances, or where the Director of Planning Services has, prior to the effective date of this Interim Urgency Ordinance, scheduled a complete application for consideration by the applicable legislative body of the City for public hearing and possible action. SECTION 9. Vote Required for Adoption of Ordinance. This Interim Urgency Ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Palm Springs by Government Code Section 65858, 36934 and 36937, and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. ADOPTED this 1 st day of December 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSTAIN: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk Mayor Reviewed and Approved as to Form: Exhibit A 777 Y j1 (D City of Palm Springs --'M Department of Strategic Planning ' . Muff IN'FT sit L 7 L A4, N 0 In,k WAO M P V "T �TVWIW � e ?-t'"; L"WU%Aj!,I 4 PAT' Eei FPA-6 W �tp 711r ......... L Planning Areas Density L Density PA-1 57000 45417 1 1 PA NAME PA ACRES DENSITY ACRES PA Dens PA-2 36023 PA-2 El 36023 4j5 1 -- `�F"'4��1"I42"IFT_ PA-3 37879 305 98 612 1- i -1 !'� - - irii I,—_---- — wr 11922 9896 '197 _r - ! -�� 1, PA-4 0 PA-5 3652 36.52 219 826 PA-5A 826 I 50 PA-6 12573 '12573 251 v a PA-7 17593 17439 . ......... PA-8 20278 123 18 -!H.— 246 PA-9-1 0 RAJ? -9-2 N 10021 10 119523 PA ZFE 14358 287 r-j- TOTAL 3172.70 1930.44 2389 �"i Ordinance 1664 Page 9 EXHIBIT IT "B" CHINO CANYON SPECIFIC PLAN AREA INTERIM ZONING REGULATIONS CREATING SPECIFIC PLAN AREAS FOR CHINO CANYON, SNOW CREEK, AND SOUTH SIDE OF HIGHWAY 111 CORRIDOR BETWEEN GATEWAY DRIVE AND CITY LIMITS SPECIFIC PU%N AREAS The City Council I'ias determined that the Chino Cone, Highvray 111 Corridor, and Snow Creek areas need a detailed and comirnWihensi°ve Lend use plannilrig program vitlich balances City economic development, land use, open space, recreation?, scenic, and neighborhood considerations. The Ci'ty's General Plan rrecocgnlzes the value of lhse Chirio Cone area by stating "Chino Cone offers unparalleled dirraensio_r'is in recreational and resort living potential." The General Plan also states that land uses and policy should ",sbmulate development of the highest quality." The General Plan provides property ovifners the option of proposing either a Specific Plan or Planned Development District as the nihechanisr'n to proposed development in the Chino Cone area. The purposes of this Interim Zoning Regulation is to ensnare that General Plan objectives and policies are met by requiring a Specific Plan foi all proposed development within the areas covered by this Orc irlance. The area covered by this Ordinance has been divided into mite (9) Specific Plan Areas. Nothing in this Ordinance is intended to prohibit the combining of Specific Plan Areas for purposes of developing a Specific Plan. Additionally, Specific Plan (boundaries may be adjusted as part of the Specific Plan approval process. The required Specific Plans shall provide a cornprehlensive, land use plan which must coiTrply with the goals and policies of the General Firm and ighis Oidirran e. Each Specific Plan shall include a detailed laird use evaluation to assign lanai use,. acid density to ensure that land uses are fairly allocated to all properties with potential development. opportunities. An Environmental Impact Report is required for each Specific Plavi. Each EIR shall include a full discussion of land use alternatives and shall address planning considerations and relationships with surrounding properties. This Ordinance is organized to provide Gesheral Requirements which are applicable to all Planning Areas arsd then specific requirements for each of Lhie none (9) Planning Areas. GENERAL REQUIREMENTS COMMUNITY PLANNING FREHQUiRENIENT Prior to the preparation of any required Specific Plan, the project proponent, developer, and/or developers shall fund a comprehensive community planning prograirn that shall be conducted in conjunction with by the City. The results of this program 'will be to develop a Strategic Management Plan for the preparation, public review, and processing of each required Specific Plan. Public involvement will be required throughout the Specific Plan and development entitlement process. It is encouraged that as consulting firm rnrith specialty expertise in community planning and involverr(ant prograrnS be Nired to onSUie that the Intent of this section iS compiled with. CIRCULATION / ROADWAYS/ TRAILS FILMINING REQUIREMENT `I. A roadway alignment ( study) for all major, secondary, collector, and local roadways as shown in the General Plan shall be prel;sared as part of each Specific Plan. Urd€nance I6b4 Page 10 E.PIrIGfiti' "6'' 2 The study shall include a traffic analysis for the entire Chino Cone or specific planning area ('Planning Areas #8 and# 9) and shall include a comprehensive roadway, bikeway, and trails plan. Design standards for each roadway shall be developed including special roadway sections, median islands, landscaped parkways, decorative, and safety lighting Roadway location, alignment, and design shall be designed to take advantage of view corridors, active and passive recreation, and buffer viewas of proposed development. Perimeter walls shall be discouraged in favor of expansive parkways and fencing which has limited exposure and views to public and private roadovays. 3. Each Planning Area shall provide circulation and roadway improvements that provide adequate Circulation and access to adjacent properties. 4. A bikeway, sidewalk, equestrian trail, and hiking trail ,plan shall be developed to provide recreational amenities and trail linkages. A hiking, equestrian, and bike trail system which provides linkage between Planning Areas shall be provided. Area wide regional trails shall be provided which provide access to existing trails and provide trail linkages within the Planning Area. LARGE-SCALE RESORTS: Large-scale resorts (LSVRs) are untended to provide for expansion of the City's Tourism base and increase transient occupanci, tax. LSRs may include a variety of visitor-serving land uses including resort hotels, hotels, guest ranches and lodges, other resort residential uses, and accessory conirnercia( uses for use by visitors and guest. There are currently three (3) large-scale resorts within the Chino Cone Specific Plan Areas. The LSR located in Planning Area #6 is deleted for purposes of this Urgency Ordinance. A large-scale resort may be permitted in the areas shown on the General Plan provided the following minimum property development standards are complied wrl.h: 'I. Large-scale resorts shall not be located within 1,000 feet of any existing single-family residential development located south of Highvvay i 91 as of the effective date of this Ordinance. 2. A minimurn of 15% of the—project site shall be devoted to open space and recreational land uses. 3. A large-scale resort shall include a Minimum of forty (40) acres. 4. Building height shall be limited to thirty (30) feet in height. Additional building heights may be permitted per the General Plan within a Specific Plan area provided it can be demonstrated that adequate setbacks and view corridors are provided. 5. All other LSR requirements as specified in the General Plan shall apply. WATER CONSERVATION: For all developments located within the boundaries of this Ordinance, the Specific Plan shall 'include a comprehensive water availability analysis and water conservation program. Water availability analysis shall cornply with the provisions of SB 221 and SB 610 with the exception that such analysis shall be required for all ;specific Plan areas except Planning Areas Nos. 2 (Shadowrock) and 5 (Visitors Center). The future use of treated wastewater effluent for golf course areas shall be evaluated and considered. Each Specific Plan shall include an outdoor water conservation element which emphasizes comprehensive outdoor conservation programs for all landscape, restored desert ;Yeas, and water features. Turf and Ordinance 1664 Page 11 EX-10"T "B" ornamental plants shall be minimized wP€erev r lbasible. Use of l�urf shall be Pi€nited to active recreation areas such as golf courses, tennis, event areas and other active recreation areas. RECREATION AND OPEN SPACE: Each Specific P'lsan shall include a recreation and open space element. Desired recreation and open space arrienities include passive and active recreation. Each Specific Plan area shall have linkages and continuity of recreation and open space amenities. Recreation areas and opzn sr€ace shall have a public access component. Natural desert areas with or w€lliout an active recreation component are encouraged. On-site private recreation arr€enities shall meet or exceed General Plan criteria. Public recreation areas and specialty parks and other arnranities shall be providBd in accorclfance with the General Plan Each Specific Plan area shall b:: mq€aired to consider and provide for mitigation of the lass of habitat for state and federally listed endangered species. Mitigation may include habitat restoration, on-site open space, off-site open space acquisition or financial contribution to enhance habitat or acquire off-sale rnitigaition. The Enviraon€ iental impact Report shall address biological impacts and shall consider local, .stake, and federal conservation programs. Conservation Areas- All areas currently designated Conservation on the General Plan shall maintain this designation and conrip)ly with ail current General Plan and Zoning Regulations. INFRASTRUCTURE. AND Pt)DLIC' SE.RVICIES A cr�rnprehensive program for the provision fnr and development or all required infrastructi.rre and public sawk.es shall be included in each Specific Plan. Participation and/or financial contributions for public infrastructure and services shall be provided to meet the needs of the pr't;€joal and corn€nunity- FISCAL IMPACT ANALYSIS: Each Specific Plan sh€ali have a cornprehensive Fiscal Impact Analysis prepared under the direction of the City which dernonsbates that all infrastructure and public services are provided for vviithout beCOMing a burden on the City EXISTING LOTS OF RECORD: The Specific Flan requirement shall not apply for development of a single-family residence on an existing lot. of record as of the effective date of this Ordinance. All proposed single-family residential uses shall comply «veth the Section 92.01.00 R-'I Single- Family Residential ,Zones property devdlopment standards, shall comply with Section 94 04.0 Arch itectr.€raI Review, and if applicable, Section 93.13.00 Hillside Developments The following Planning Areas and deveio,prnent criteria have been established based upon property ownership, parcel configuration, topography, and other planning considerations. PLANNING AREA r 1 - PALM SPRINGS AERIAL- TRAINWAY: This area includes the Palm Springs Aerial Tramway 'Valley Station and accessory improvements. All current codes and ordinances shall apply to all properties owned, based or managed by the Palm Springs Aerial Tramway. All other properties shall be limited to one ('i) dwelling unit per 40 acres. Allowable land uses and property development standards in Section 9.2.21.01 "O" Open Land Zones, Palm Springs Zoning Ordinance (PSZO), shall apply. PLANNING AREA ti 2- SHADOWROCK- This area shall be designated Development Agreement #2 per Section 94.08.05. Palm Springs Zoning Ordinance (PSZO). This Planning Area shall be developed in accordance with Section 94.O8.05 Shadowrock Development Agreement, PSZO. This Development Agreement and rdlated land use approvals provide for the ultimate development of a destination resort project consistent with the General Plan. The project is composed of: (a) an eighteen (18)-hole championship golf course, clubhouse, and driving range; (b) one hundred thirty-five (135) single-family and luxury estates, (c) ten (10) luxury bungalows, (d) two hundred (200) luxury condominiums, and (e) a sixty (60) unit hotel building and spa/fitnessftennis facility. The Shadowrock Development Agreement also approved Ordinance 1664 Page 12 two (2) alternative development scenarios as to the hotel arid tennis facility phase: (i) alternative 1 being a four hundred ninety (4901 unit hotel, and (ii) ,alternative 2 being two hundred eleven (211) single-family and luxury estlate homes. PLANNING AREA #3 - AQUA CALIENTE BAND OF CAHUILLA INDIANS LANDS: This is Agua Caliente Indian Reservation and all lands -vith€in this Planning Area are Indian Land. This area is designated single-family residential development wil.h a maximum density of two (2) units per acre. Minimum lot size shall be 20,000 square feet of net lot area for a traditional single-family residential subdivision. Density transfers and clu.usiering of residential units shall be permitted in conjunction with the development of a resort: charpionship golf course or significant natUral open space and/or recreation areas. Property development standards including but not limited to building height, setbacks, lot coverage, landscaping, and exterior lighting shall be established in the Specific Plan. PLANNING AREA # 4 - TRAl`QIkAJA'P' SOUTH: This area is designated very low-density residential development with a maxi€srf.urri u:lensity of two (2) units per acre. Minimum lot size shall be 20,000 square feet of net lot area V`'or a traditional single-family subdivision. Density transfers and clustering of residential units shall be permattot:l in conjunction with the development of a resort / --or championship golf course only or deiveaoprr€ent of significant natural open space and/or recreation areas. Property development standards including but not limited io building height, setbacks, lot coverage, landscaping, and exterior Ik htii ig shall be included in the Specific Plan. Access to Planning Area .fit 4 shall One Tramway or Racquet Club Road only Emergency access to existing roadways located ease. shall :,e required. A specialty park shall be provided in accordance with the General Plan designation. PLANNING AREAS # 5 and 5-,4 - VISITORS' CENTER:fF_Ir,: This Planning Area shall be limited to, single-family and mufti-family residentiai development, (four to six (4-6) units per acre) resort commercial, hotels, resort hotels, visitor serving activities, retail, and public and quasi public parking. Property adjacent to the Palm Spri+igs Visitor's' Center shall be a mixture of hotels, resort, commercial, and other related uses. .t'he Specific Man shall require consideration for enhancing the existing Palm Springs ),/isilors' Center, designation of a fame station site, and the Palm Springs Aerial Tramway. Property development standards including, but not limited to, land use intensity and density, building, height, lot coverage, landscaping, parking, and exterior fighting shall be included in the Specific Plan. The Area designated as Planning Area 5-A is the property surrounding the existing Pahn Springs Visitors' Center and Palm Springs entry way sign. The City Council has determined that property surrounding the Visitors' Center ( a portion of Assessors Parcel # 504-040-045, and -001) may be developed with a focused Specific Plan provided the proposed land uses are complementary and compatible with the Palm Springs Visitors' Center. Per-niUed land uses shall be resort hotels, hotels, tOUI-Ist related commercial uses, restaurants (Pic) fast food or drive-thru), entertainment, public facilities, public parking, retail, and mufti-famiiy residential. All land uses shall be con€pa'tible with surrounding land uses. A detailed analysis of the North flan Canyon Drive (State Highway 111) street frontage shall be prepared which provides for expansive pahm.rays, view corridors, screening of development, and landscape shall be included in the Specific Plan. PLANNING AREA # 6 - CHINO CANYON GATEWAY: This area is very low-density residential development with a maximum density of two (2) units per acre. Minimum lot size shall be 20,000 square feet of net lot area for a traditional single-family subdivision. Density transfers and clustering of residential units shall be permitted in conjunction with the development of a resort championship golf course or development of significant natural open space and/or recreation Ordinance 1664 Page 13 areas. Property development standards Including buL not lirnited to building height, setbacks, lot coverage, landscaping, and exterior lighting shall be included in the Specific Plan. A detailed analysis of the North Palm Canyon Drivc: (State Hgt'nvay 111) street frontage shall be prepared which provides for expansive parkvvays, view corridors, screening of development, and landscape shall be included in the Specific [Flan. PLANNING AREA# ? - CHIN4) t,F EEKa 'This Planning Area :,hall be. limited to watercourse and public recreation uses. This Planning Area may be merged with Planning Areas Nos. 2, 3, 6, or 8 for planning purposes and development purposes. Land uses shall be limited to public parks, golf course, and trails (equestrian, mountain bike, and hiking). The property surrounding the large rock outcropping adjacent to I I9glu.ray 1'i'I (North Palm Canyon Drive) shall be considered for a National Mcmument Visitors' Center, trail head, and other reialed uses. Existing view corridors shall be maintained. PLANNING AREA# 8- HIGHWAY III C.ORRIDOP: This Planning Area shall be limi€ed to very love-density residential development not exceeding avo 2) uniis per acre. The purpose of this Planning Area is to preserve the rural Character of the area and to allow low-density residential development. Also included in this Planning Area is the need for a public recreation amenity which could include a public: park, trail tread or other related public recreation and open-space amenities. A density transfer and/cr density bonus not to exceed a total of three (3) dwelling units/acre may be allowed in conjunction ivith the clustering of residential units associated with the development of significant open space, recreational areas, andfor golf course. The existing public recreation designation located on its westarn boundary. The Specific Plan for this area shall consider alternatives including a public park am;anity and relocation of this designation to the vvesterly area to provide for an opportunity for a Santa Rosa and San Jacinto Mountains National Monument Visitors' Center. Single-family dwellings on existing lots of record as of Irie date of this Ordinance may be developed in accordance with the existing General Plan Policy (3.322j. PLANNING AREA # P - SN019U GREEK: This Planning Area Is limited to conservation of the existing watercourse and very low-density residential development. Rr;sidential developmeni shall be limited to one to two units per acre for property located outside of the flood plain Development should be clustered to provide substantial natural open space and buffer to the hillside areas.