HomeMy WebLinkAbout11/3/2004 - STAFF REPORTS (11) DATE: November 3, 2004 (continued from October 6, 2004)
TO: City Council
FROM: Acting City Clerk
CALLING OF AN ELECTION— PALM HILLS REFERENDUM
REFERENDUM ENTITLED "REFERENDUM AGAINST RESOLUTION PASSED BY THE CITY
COUNCIL RESOLUTION 20994"
RECOMMENDATION:
That the Council consider calling an election to be held Special Municipal
Election; and designation of authors for the ballot argument.
BACKGROUND:
A referendum entitled "Referendum Against Resolution Passed by the City Council Resolution
20866"was declared sufficient by the City Clerk on September 21, 2004. At the October 6, 2004,
City Council meeting staff was directed to prepare a resolution to call an election. On October 20,
2004, staff was directed to obtain statistics relating to voter turnout. List below is a table showing
the requested information:
DATE OF TOTAL TOTAL TOTAL VOTER
ELECTION REGISTERED VOTERS VOTES CAST TURNOUT
Nov. 1999 20,285 8,399 41.40%
Nov. 2001 21,599 8,444 39.11%
Apr. 2002 22,208 8,028 36.15%
Nov. 2002 24,500 13,219 53.96%
Nov. 2003 23,176 11,350 48.97%
The Election Codes states this election shall be called at the next regular general municipal
election or at a special election occurring not less than 88 days from the date after the order by
Council. The next regular general municipal election will be held November 8, 2005, and the next
state election date is March 8, 2005; therefore, Council may call this election to take place in
March 2005, November 2005, or any date in-between. A resolution calling the election is
attached for your consideration and the dates may be added prior to the passage of the
resolution.
Additionally, a companion resolution for the designation of authors for the ballot argument has
been included for consideration.
Kathie Hart David H. Ready
Acting City Clerk City Manager
1. Resolution—Calling of an Election
2. Resolution—Designation of Authors for the Ballot Argument
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING OF A
SPECIAL ELECTION TO BE HELD ON , 2005 FOR
THE SUBMISSION TO THE VOTERS OF A MEASURE (CITIZEN
PETITION REFERENDUM) RELATING TO PALM HILLS PLAN AREA.
-- - ------- - -
WHEREAS, a referendum petition related to Resolution 20994 regarding 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 #8 for the Palm Hills Plan Area was submitted to the City Clerk on
August 4, 2004; and
WHEREAS, the City Council has determined to place said matter before the qualified voters of the
City of Palm Springs; and
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 election, to be held on
2005, for the purpose of submitting to the qualified electors
of said City, the following measures, to wit:
MEASURE
Shall Resolution 20994 approving amendments to the YES
General Plan Use and Circulation Plan for Palm Hills NO
area be adopted?
Section 2. That the proposed measure submitted to the voters is attached as Exhibit A.
Section 3. That the City Clerk is hereby directed to transmit a copy of the measure set forth in
Section 1 above to the City Attorney, who shall prepare an impartial analysis of the
measure in accordance with Section 9280 of the California Elections Code.
Section 4. That such measure 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
Section 13116 of the Elections Code.
In the event the measure receives a greater number of YES votes than NO votes,
the measure shall be deemed supported by the voters.
In the event the measure receives a greater number of NO votes than YES votes,
the measure shall be deemed unsupported by the voters.
Section 5. The ballots to be used at said election shall be, both as to form and matter
contained therein, such as may be required by law to be used there at.
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Resolution
Page 2
Section 6. 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 7. The polls for said election shall be open at seven o'clock a.m. on the day of said
election and shall remain open continuously from said time until eight o'clock p.m.
of the same day when said polls shall be closed, except as provided in Section
14401 of the Elections Code of the State of California.
Section 8. In all particulars not recited in this Resolution, said election shall be held and
conducted as provided by law for holding consolidated municipal elections in said
City.
Section 9. Notice of time and place of holding said election is hereby given and the City Clerk
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. That 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. Pursuant to Section 10263 of the Elections Code of the State of California, the
canvass of the Special Municipal Election to be held in said City is hereby ordered
to be made by the City Clerk.
Section 12. The City Clerk of said City shall cause to be complete the canvass of said election
and shall certify the results to the City Council on 2005.
ADOPTED this_day of November, 2004.
AYES:
NOES:
ABSENT:
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
By
Acting City Clerk City Manager
REVIEWED &APPROVED:
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, .
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(he directive that(he main emphasis be the preservation of the environment while encouraging[he
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-I,PH-
2A,PH-2B,and PH-3)as part 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-1 Planning Area is located north of Murray Hill and is separated from
PH-2,PI-1-3,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,(he Palm Hills Area Plan requires that any land development in Palm Hills can only be accomplished through a
Specific Plan;and WHEREAS,Patin Hills Land Corp.("Applicant")has initiated 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 Hills 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
Patin Hills Area Plan was held by the Planning Commission in accordance with applicable law;and WHEREAS,the Planning Commission,at its May 20,2004
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(he Stale Clearinghouse and interested and responsible agencies,organizations,and
individuals with a review period from May 10„1998 to July 10, 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 the Project was released for public comment from July 3,2001 to August 19,2003;
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 the 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,airquality;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 Bighorn
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 not limited to the recommendation of the Planning Commission,the staff report,all written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: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 State CEQA Guidelines,and the City's CEQA Guidelines.The
FIR adequately addresses the general environmental setting 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(he Statement of Facts and Findings and Statement of Overriding Considerations,that the 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(o strict design criteria and only as part of a Specific Plan. The proposed General
Plan Text Amendments also seek to modify Palm Hills Area Plan Elements#6 and#7,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 Patin Hills Area Plan
are consistent with the PH-I sub-aea that allows development of up to 1200 units on the site.
The General Plan currently views the Santa Rosa and San Jacinto Mountains as natural areas in which development impacts shall be 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 fatal 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 that 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
to build consistency between the General Plan Map and Report and the Patin Hills Specific Plan.
Section 4:The proposed amendments to the General Plan Tex[Amendments are necessary and proper at(his time,and are not likely to be detrimental to the adjacent
property or residents.
Section 5:The FEIR included an evaluation of land ownetship within the Patin Hills Planning Area(approximately 34 square miles),and based upon this evaluation it
was determined that a large portion of this area is in public ownership.Based upon ownership patterns,the City Council finds that it may be difficult to develop Patin
Hills Planning sub-areas 2-A,2-B,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 Patin Hills Drive,South of Eagle Canyon,to re-evaluate the proposed land uses in Patin Hills Planning Areas Plan H-A,11-B,and III
and consider designating this area as Conservation.
NOW,THEREFORE.BE IT RESOLVED that,based upon the foregoing,(he City Council hereby approves the amendments to(he General Plan Text as shown in
Exhibits A and B. `y n 3
,f
Y �
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 Olive,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: Foal
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 "fit order to Preserve the scenic beauty,to prolecf fhe mountains finrn damaging erosion and to prorecI the desert f7oortrorn flooding,the frontal slopes of
the Saatu-Raeu-and San Jueinto Mountains which Puce the desert Jloorshall be lu"esen,ed as open spu("e areas to the greatest extent possible and consistent with other
policies in the General Plan.The slopes as'individual landmark peaks.should be preserved as Open.space a,"Pad.Development shall be,subject to approval of a
development plan on a case-bv-case basis,which addresses aesthetic issues.such us.screening and landscaping."
5,4,4(b) "Develnpnterrt.rbnnld be ennecntrufed in areas with nunn"ul slopes of 10%or le.rr in sreepnerr. Nanirul slopes in excess of 30%sha.dd-;il,a;a-,,;
niaV be develnncd su6iecr to nrepmati m )l' r iti hill 'd !evil)) r '!' iu Ihul idd-e r( ill' d s1n u nd r stre Tint I ru ne u ) i(fa Sn citi PI n.
Development proposals far areas of 10%slope or greater' ''"' ,-..- 'ten-i0,h,ar areas subisu l to erosion,,shall be accompanied by detailed suits and geotechnical
.studies as well as visual simulation exhibits."
5.4.4(c) "Proposed development must he compatible,by virtue of design,height,materials and,slope compatibility,with.rut rounding open.,puce.Structures shall not
visually,break ridgeline.s when viewed from the valley floor unless a Soes-ific Plan all s•i i'su i development it al n. d by the C'N. Areas graded for development
shall be designed to blend with the natural surrounding,s."
EXHIBIT B
PROPOSED GENERAL PLAN POLICY AMENDMENT
PALM HILLS AREA PLAN
Addition to the first paragraph:
"The Cityr unwnurlt to Palm Hills unde"nres,u fanduniental diflere,o-e between the Santa Rosa M Iains soulh ofthe City and the Sun Jac into Mountains west a
the City. Both Lonna barkdron to the City LPal a Sr -ings andnittst be treated as valuables:'r' assets.assels. But, I the S Jun-into Mountains are ve t' lly
undevelomable due to extreme steepness otslone and are the,"f)res 'r d to I r lily ot almost total preseroation,the Santa Raw Mountains( n 'st )f st nth
e.
nliLeertwin and requii'e application )f creative and llexible means to suasnoni,e preservation with development
Palm Hills Area Plan Element 86 is proposed to be amended as follows:
"A program for the permanent preservation rf open.,pure,will,file purpose a nrifiga,it habitat loss and to provide reereaion anienilies,in accordance with the
prograncs of the Bureau of Lund Management,the State Park proposal.the Santa Rosa Mountains Conservancy Plan,the Bighorn Sheep Management Plan said any
other active conservation program✓Plan to the extent that they are not it,co,tt7ici with this General Plan. In order to preserve the scenic beauty,Nee frontal slopes of the
Santa Rosa Mountains that are visible jinni the deveri floor shall be preserved us open space o)the yreare.st extent passible Development which is visible f'") the
valley floor shall be neaed with sensitivity a c c)rd'n�to 1 u aer t h 7 following."
An additional element(Element tk7)that establishes guidelines to minimize the visual impact of structures on ridgelines is proposed to be added to the Pahn Hills Area
Plan as follows:
"A Plan which iealem eats the C'rv' stated coal(tdevel q' s,a laiwe scaleressol at this unique location which h a v roni-es whir the Mural mountain backdrop ofrhe
Cay. To acconalrsh this developments shall seek to preserve v as much undisturbed natural openspace as possible. Where development is visible front the valley f700
building coloration native plant sele Ti)i and other design techniques shall be applied to blen I sl'ict(res with the native I i nds a!ink D v lowne t r f the rid elc ines
insallowed so loneassoucrures do to visaallybreak file skvliie orafteran individual landmark peak let M ray Hill) To on[inn the true extent and nature of
visual charge acrurute compares ized visual simulations with and without the protest shall be provided for consideration by file Plu aim Commission and City
Couru•rl.,,
Palm Hills Area Plan existing Element#7 is proposed to become Element 88 and be modified so as to increase overall density in areas with natural slopes of 10%or
less from a range of V2 Vs 2 units to a range of Vx to 4 units as follows:
Target land uses and uanbei ref units:
fEecept as noted,land live is governed by dre✓'allowing de.sciiption,s and by the policies of the General Plan,and is not shown on the nap. Tire required Specific
Pllia"W shall provide a detailed land use plant the ability to develop the target nunrberof units is dependent upon compliance with the goals and policies of the General
Plan,anduponthefiiitrreavciiiabilityof'piibli(-Iands,forex(ehangeordevelol)iiienf. Unitsshould be concentrated in areas With natural.slopes(1t1O%orle,ss in
.steepne.s.s with overall rlen.rity in.such areas in the range of''h-2 4 tinitdacre...I \�
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#B 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 THIS COLUMN FOR
CITY OF SIGNATURE GATHERER OR A VOLUNTEER,YOU HAVE THE RIGHT TO ASK, OFFICIAL USE ONLY
PALM THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER THAN
SPRINGS QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR.
COMPLAINTS ABOUT THE MISUSE OF YOUR SIGNATURE MAY BE MADE TO
REGISTERED VOTERS THE SECRETARY OF STATE'S OFFICE.
/ SIGNATURE AS REGISTERED R NCEASfArIES�-- " �
PRINTNAME CITY Or
ZI
2.
SIGNATURE AS REGISTERED ' RESIDENCE ADDRESS '
PRIM NAME CITY
ZIP
3.
SIGNATURE AS REGISTERED RESIDENCE ADDRESS
POINT NAME CITY - ZIP
4.
SIGNATUREAS REGISTERED RESIDENCEADDRESS
PRINTNAME CITY ZIP
S.
SIGNATUREAS REGISTERED RESIDENCEADDRESS
PRINTNAME CITY ZIP
6.
SIGNATUREAS REGISTERED RESIDENCE ADDRESS
PRINTNAME CITY ZIP
Declaration of Ciraulato�an hP cnm.w.d in e,e circulator's own hand after all signatures recorded on the front and back of this section of the petition have been obtained):
1, print luliname O _,am registered to vote in the GIN of Palm Snanres-cawnRda nr nm nalnjinp�Jo register to
ere
vote in the City of Palm Sings. My residence address is . �(04 I circulated this
No.d Slreel LL..��
section of the petition and witnessed each of the appended signatures'being written. EaC9i signature on�his petmon is,to the best of my information and
b le the nine�.9 ture Q{the person whose name it purports to be. All signatures on this document were obtained between the dates of
/�o/ and 79 0 1 declare under penalty of perjury under the laws of the State ot"a fornia that the fo>pgoing is trtehnct�
monNl day/year WW//tla er /�/�
Executed on lS ( atWUX/lAA. ,California.
monlhlday/year "/Aom Signed:
cNmlellrshw�re dclrcehlor
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 Election is to be held in the City of Palm Springs, California,
, 2005 at which there will be submitted to the qualified electors of said City, the
following measure:
Measure [ ]
Shall Resolution 20994 approving amendments to the General Plan Use and
Circulation Plan for Palm Hills area be 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 arguements 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_day of November, 2004.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
Chief Deputy City Clerk City Manager
REVIEWED &APPROVED:
G
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