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HomeMy WebLinkAbout10/20/2004 - STAFF REPORTS (22) DATE: October 20, 2004 TO: City Council FROM: Director of Planning & Building AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING INTERIM DEVELOPMENT REGULATIONS FOR THE CHINO CONE AND ADJACENT AREAS PENDING THE COMPLETION OF STUDIES AND THE PREPARATION OFAN UPDATE OF THE CITY'S DEVELOPMENT REGULATIONS FOR THESE AREAS. RECOMMENDATION: That the City Council consider approval of the attached Urgency Ordinance. SUMMARY: The proposed Interim Urgency Ordinance is intended to create a new planning process for the Chino Canyon, Snow Creek, and the south side of Highway 111 corridor. Specific Plans and environmental impact reports would be required for all new development with the exception of single-family 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/trails, large-scale resorts,water conservation, recreation, open space, infrastructure, public services, and fiscal analysis have been proposed. Each Planning Area has specific provisions that address overall density, density transfer, and open space. BACKGROUND: This Interim Urgency Ordinance is based upon the need to enact new land use regulations to protect public health, safety, and welfare because current development standards do not sufficiently address density and the sensitivity to the terrain and distinctiveness of the area. If adopted, the City Council would direct 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, fiscal analysis, open space, and environmental analysis. In adopting an Urgency Ordinance, the City Council must find and determine that the adoption 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 infrastructure. Currently,there are approximately 2,395 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 allowthe City Council the opportunity 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. Based upon community meetings, staff has prepared a revised set of Interim Zoning Regulations for City Council review and consideration. Key revisions to general requirements include introductory statement, revised community planning requirements,trails requirements, a 1,000 setback to existing singe-family residential development,to 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. Adjustments to individual Planning Areas were also made. Density transfer provisions were q Page 2 of 5 expanded to allow preservation of natural and restored desert areas, Tribal Trust and Allotted Indian Land has been consolidated into Planning Area#3 and the allowable density in Planning Area #8 has been increased from one (1) dwelling per 2.5 acres to two (2) dwelling units per acre. Additionally, Planning Area#9 density is recommended to be maintained at two (2) units per acre for the alluvial fan property. Development needs to be clustered to create natural open space and provide a buffer to hillside areas. Community Meetings: At its September 8, 2004 City Council Adjourned Meeting, staff was directed to seek input from various community perspectives. Meetings were held with Palm Springs Economic Development Corporation (PSEDC), Chino Canyon Property Owners and Stakeholders, Chino Canyon Neighborhood Association/Hillside Initiative, General Plan Steering Committee, and Planning Commissioners. Staff presented the September 8, 2004 memorandum from the City Attorney and the Draft Chino Canyon Specific Plan Interim Zoning Regulations to each group. Staff tried to the greatest extent possible to present the information in the same manner for each group. The City Attorney attended the first three meetings (PSEDC, Property Owners, and Chino/Initiative Group). The following meeting summaries are provided: Palm Springs Economic Development Corp (PSEDC) - (Sep. 16, 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 an the economy, positive comments about the need for the City to address community concerns, and perceptions that Mountain Gate type projects south of Highway 111 would benefit the Hillside Initiative cause. Century Homes expressed concerns that the community was over reacting and that its two (2) projects have enhanced the City entryway. Other attendees agreed, but also reminded Century that community comments/concerns are strong and that project design south of Highway 111 must be substantially upgraded. City Council options to address the Hillside Initiative were discussed. The City could do nothing or consider placing an alternative ballot measure on the ballot. It appeared that most, or at least those who spoke, supported the evaluation of interim zoning regulations and "pros and cons" of an alternative ballot measure. As the meeting closed key property owners and developers had lively individual discussions about community concerns and the design of new development. Chino Canyon Property Owners/Stakeholders - (Sep 23 2004) - City staff sent 30 notices to various property owners and stakeholders. The meeting was well-attended. Several property owners supported the proposed Interim Zoning Regulations including the Specific Plan and proposed density criteria. Specific concerns were raised by Mrs. Ziva Hlllinger regarding Specific Plan Area#8 (see attached letter). Strong comments were made regarding density, public park use, and singling out this Area. A density of three to four units (3-4) per acre was requested. Planning staff committed to re-evaluate the recommended density for this Area. Specific Plan Area#6 was discussed at length. 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 Highway 111 needed to be high quality development. The draft regulation of 20,000 square foot lot criteria (Planning Areas #3,# 4,# 6, and #9) was discussed. There appeared to be a consensus that density a Page 3 of 5 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. Natural desert open space, active recreation, and other uses should also be encouraged. One of Specific Plan Area #9 (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 allowable density from two (2) dwelling units per acre to one (1) unit per40 acres. Concerns were expressed by a few individuals regarding 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. Chino Canyon Neighborhood/Hillside Initiative Group (Sep. 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. At the beginning of the meeting one representative expressed a strong position in support of 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 now and March 2005. Staff and the City Attorney provided an overview of the Draft Interim Zoning Regulations. City Attorney discussed potential takings claims against the City. The Hillside Initiative groups legal counsel has told them that the City would 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 direct 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 Steerinq Committee Se . 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 Hillside Initiative 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 two-plus hours evaluating and discussing the proposed regulations. Committee discussion was wide-ranging and there was general consensus that the proposed regulations were preferred over the current General Plan. The Committee's comments are summarized as follow, • Master plans for large areas are the best way to ensure quality development; Density was a concern, however, there was support for clustering residential densities to create large, connected, and usable open space; Open space and recreation should be linked and plans to provide access to all create a visual break between development areas; • Scale of buildings will be important with low-rise in open areas and increased building height could be considered when adjacent to hillside; Page 4 of 5 • In Planning Areas#5 and#5-A, the density of fourto six(4-6) units per ace may be too high. There was discussion about quality 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 between 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 land use matters on Indian land. He also said, even if the Tribe assumed the permitting role, it would work very 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 developments in other communities or states which integrated substantial natural open 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 other forms 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 the end of the meeting were very positive about the open discussion. Planning_Commission Study Session-October 5, 2004 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 moratorium, 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 land would be considered, and developments needed to be 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, EIR 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: 1. 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 zaAl+ Page 5 of 5 accessible to the public (by view and/or actual use) and be linked. 3. Indian Lands within Planning Areas #3 and #6 should be consolidated Into one (1) Specific Plan Area. 4. Golf course development, while not mandatory, should be encouraged with specific emphasis on a championship facility that could host golf tournaments. 5. Specific Plan Area #6: This area will 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. Residential design should incorporate design concepts similar to Smoke Tree Ranch (fencing restrictions and open space). 6. 7. Specific Plan Area#8: This area should incorporate a strong Highway 111 landscape 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 two 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. 8. Specific Plan Area #9: The Planning Commission supported the property owner's request to maintain two (2) units per acre on the 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, Commission members were very supportive of the proposed Specific Planning process and adoption of Interim Zoning Regulations. - A�� - Director,,0 Strategic Planning i � Manage ATTACHMENTS: 1. Hillinger Letter 2. Development Restrictions in Chino Cone and Adjacent Area Aleshire 9-9-04 Memo 3. Land Use Comparisons 4. Ordinance 5, Map ZIVA RII,LINGER 1475 South Calle Marcus Palm Springs, CA 92264 (760) 327-3731 September 9, 2004 To: The Honorable Mayor and Members of the City Council City of Palm Springs bear Mayor Oden and Council Members: As a result of the disclosures at last nights City Council meeting, I have forwarded to my attorney a copy of the development restrictions in Chino Cone and adjacent areas. While Mr. Pougnet, in the style of Knights of Old fell on his sword and publicly assumed complete responsibility for spearheading the end run on his constituents, and even on his fellow council members, this was a troika including Doug Evans and Mr. David Aleshire. As the owner of the parcel which was designated as Planning Area No. S -- highway 111 Corridor which Mr. Evans hit the hardest I'or the density of development requirements (in spite of the fact that our 200+ acres is the most appropriate for development) I was stunned to see on paper what Evans proposed and further deeply disturbed, when after the meeting I approached Mr. Evans for an explanation. He told me the reason had nothing to do with the suitability of our land but rather lie was punishing Mr. Pavelak, President of Century homes for what he described as preliminary discussions with him at which time Mr. Pavelak appeared to be looking for greater density than Evans wanted. By downgrading my property in this manner, rendering it not saleable, please understand that I will hold the Council at large, and Messrs_ Pougnet, Evans and Aleshire personally, as well as financially responsible should we lose our escrow, which is due to close February 20, 2005. Further,in his public statement at last nights forum Mr. Evans alluded to the fact that the Bureau of Laud Management would be interested in acquiring the property surrounding the large rock outcropping adjacent to North Palm Canyon Drive and that would be considered as a national monument visitor's center. Let me explain, if Mr. Evans was not telling the truth about any contact with BLM, he must be cited for that. If indeed he has had AuLcontact with anyone at BLM regarding any portion of our property that was not only improper and unacceptable but illegal. That property is ours and at no time was Mr. Evans given permission to market this or any part of our property. This will be dealt with as a separate matter. In either event the name for holding a parcel hostage for the City to get what it wants is "blackmail". Until last night, I was not personally aware that our City elected officials and our taxpayer paid workers indulged their egos in that extreme manner. =46 The IIonorable Mayor and Members of the City Council September 9, 2004 Page Two As for a meeting with Mr. Aleshire and Mr. ) vans, as one of the owners of a large parcel in the area in question, I am not at all sure that with the stand exhibited last night by both of them that they would be willing to have a reasonable meeting. Sincere y y urs, ��Iillinger /� Cc: Burton Lamb, Attorney at Law John Pavelalc . ALESHTRB WYNDER, LLP ATTORNEYS AT LAW www awace� n cys mm MEMORANDUM TO: THE I3oNORABLF MAYOR AND MEMBERS OP TIME CITY COUNCIL, CITY OF PALM SPRINGS FROM. DAvrn 7. ALESFIIRE DATE: SEPTEMBER 8,2004 FILE; 01003-0001 RE: DEVFLOPMFNT RFSTRICTIONS IN CHINO CONE"AND ADJACENT AREAS A. 1NTR0� D At the City Council meeting on September 1, Councilman Pougnet raised the issue of adopting a moratorium enacting development restrictions in the Urban Reserve area in the Chino Cone. He asked for a report &on1 this office as to how an ordinance could be developed on this subject. On September 2, the Director of Strategic Planning and I met with Councilmembers Pougnet and Mills to discuss different mechanisms of development control. This report is an outgrowth of the Council request and the above meeting, B. RFCOMMENDATION That staff prepare an urgency interim zoning ordinance enacting more restrictive, standards in the Chino Cone and Highway I I I Corridor and bring the ordinance back to a Council meeting on September 22 or 29 for adoption. C. STATUTORY AUTHORITY Crovennment Code Section 65S58 authorizes a city to adopt, as an urgency measure, an interim ordinance prohibiting land uses which may be in conflict with a general plan, specific plan, or zoning proposal that the City is considering, studying or intending to study within a reasonable period of time, without following the procedures otherwise required for the adoption of a zordng ordinance. An urgency ordinance must be adopted by a four-fifths vote of the City Council. No notice or hearing is required for the first adoption. (Beck Dev. Co. v. Southern Pac. ),mzsp. Co. (1996) 44 Cal.App.4" 1160.) Although the common concept of a building moratorium is that all development is halted during the moratorium, under this statutory authority the city, on an urgency basis, actually adopts regulations under which development can proceed while permanent regulations are studied. The goal is to not allow inconsistent development to occur while the study is being conducted. 09999/0002/34341 01 '22. {� The Honorable Mayor and Members of the City Council, City of Palm Springs September 8, 2004 Page 2 Before adopting or extending an internn ordinance, the City Counc he il must make t finding that There is a current and immediate threat to the public health, safety, or welfare, or that the approval of additional subdivisions, use penniis, variances, building permits, or the like, would result in such a threat. The Findings must be contained in the ordinance. (216 Sutter Bay 43socs. ` County of Sutter (1997) 58 Cal.App.4" 860.) Ten days prior to the expiration of the ordinance, the City Council must issue a written report describing the measures taken to alleviate the condition that led to the adoption of the ordinance. (Gov't Code Section 65858(d).) If an interim ordivance is initially adopted without notice and a hearing, the ordinance is effective for 45 days. (Gov't Code Section 65858-) The City Council may extend the interim ordinance once for 10 months and 15 days, and a second time for one additional year, both extensions would require notice and a hearing. (-Td.) Like the ordinance itself, airy e tu requires a fo -fifths vote. xtension D. FACTUAL BACKGROUND The Chino Cone has long been recognized as not only one of the most unique areas of Patin Springs, but in the entire state. It rises from the desert .Moor some 2,000 feet to where the Valley Station of the Palm Springs Aerial Tram ascends another 6,500 feet to the forests of Mt. San Jacinto. The broad reach of the Chino Cone alluvial fan is visible for miles from many different directions. The unique features of the Chino Cone have always been recognized in the City's general plan process. 1" 1959 the area was studied in a General Plan Report and a plan for the area was produced in 1966. A spect'-wri of residential densities was proposed from 1 unit per 5 acres to 43.5 units per acre, including resort hotel and commercial areas. The urban reserve concept was recommended as a holding zone rmtil specific development plans could be proposed. No development was to be permitted on slopes steeper than 30%. These standards were continued in the 1993 general plan. Although through the years, many developers have considered development of the Chino Cone, the difficulty of the rocky terrain, environmental constraints, the land ownership patterns and general real estate market conditions have kept any developer from actually getting permits. The largest scale project approved in the Chino Cone was the Shadowrock Project where a development agreement was approved by Council Resolution 1462 in 1993 (PSMC 94,08.05). The Development Agreement provided for a destination resort hotel/golf course, 60 unit hotel, 135 single family luxury estates and 210 luxury condominiums in the upper portion o f the Cone, below the "oasis." However, environmental litigation ensued after project approval, and by the time it was resolved, the real estate market for hotel resorts had evaporated and the developer has been seeking financing ever since. noggornnmrezn m ally Ick The Honorable Mayor and Members of the City Council, City of Palm Springs September 8, 2004 Page 3 .After a ,slow real estate market in Palm Springs in the 1990's developers who had experienced success "down valley" began to investigate Palm Springs and significant projects were proposed on.the .fringes of the developed areas. Century Homes proposed Mountain Gate I along Highway 111 at the enlnT to Patin Springs, and its success immediately led to Mountain Gate II. The two projects include some 514 units. These were pretty much standard mid-market subdivision proposals with density at 4 units to the acre. Moreover, orn the Chino Cone itself, several lesser density luxury residential projects were proposed, but generated significant neighborhood concern as requiring too much grading and not being sLLcfi entry sensitive to the terrain, among other issues. T , ong ',�dth development proposals in other "Hillside Tnitia iive," which has qualified for the March balloiUnl"he measure classifies land in the th "Mountain Region" and provides that the land can only be subdivided into 40 acre lots for development of a single unit. Within these lots, only an area of some 10,000 square feet can be developed (about .5% of the area) with a structure of no more than 5,000 square feet and with a height lituit of I S feet, Vested projects are exempt from the new regulations. Most of the Chino Cone is now zoned urban reserve (PSMC 92,22,00). The urban, reserve designation permits the land uses consistent with the General Plan: in thus area, General Plan land uses include hotel, single family residential, multifamily residential, resort commercial and recreational land uses all development must be master planned with a Planned Development District and roust have an EIR prepared. The development standards require development proposals in 40 acre increments and nninimum lot sizes of 10,000 square feet, but of course, through the planned development district mechanism, development can be approved to lesser standards (PSMC 94.03.00). E. PROPOSED INTERIM STANDARDS If the City's current urban reserve,classification leaves the development of the Chino Cone open to, perhaps, too wide of a range of development proposals which has generated the Hillside Initiative, and if the Hillside Initiative itself with its 40-acre minimum lot size restriction is too restrictive, is there a middle concept which could respond to citizen concerns yet permit development sensitive to the unique qualities of the Chino Cone? The Director of Strategic Planning and this office have attempted in the last week to develop such a concept. .Although subject to debate and further reflection, we are proposing the following elements, 1• Area The area of concern is not simply the Chino Cone, but the entire entry to the City. A portion of this area is under the jurisdiction of the County and development projects not meeting City standards are now under construction. 221A 10 v The IIonorable Mayor and Members of the City Council, City of Palm Springs September 8, 2004 Page 4 The proposal would include all areas on the west of Highway 111 from Snow Creek to the Chino Cone excluding County territory. 2. Sub-areas. The sub-areas are: Area#1 - Palm Springs Aerial Tram; Area#k2 - Shadowrock; Area 93 -Agua Caliente Reservation; Area#4 - Tramway South; Area 45 -Visitor Center(including a commercial development sub-area); Area#6 - Chino Cone Gateway; Area#7- Chino Creek; Area#8 -I'Iighway 111 Corridor; and Area#9 - Snow Creek, 3• Process. Government Code 65858 permits the adoption of interim zoning standards while studies are conducted to develop more long term standards. The interim standards can be enacted on an urgency basis but the perrnaricnt standards must be enacted within 2 years. The proposal is that on an interim basis within each of the sub-areas or 'Planning Areas," a specific plan must be proposed for the "Planning Areas." A specific plan must be created by ordinance and requires public hearings before the Planning Commission and City Council. We would retain the requirement in the current urban reserve area that a specific plan require full environmental review. In this instance, an added community plamring component would be required. 4 Planning Standards. Development of each Planaing'Area would require the following components: a. Master planning of road aligrunent; b• Traffic analysis; c• Bikeway and trail plan; d• Water conservation and availability analysis; e. Infrastructure plan; f. Minimwn development standards: Compliance with density standards of Planning Area; g. Fiscal Impact Analysis; h. Open space plan; i. .Environmental review. The Honorable Mayor and Members of the City Council, City of Pahn Springs September 8, 2004 Page 5 5. Density of Development. The density of development proposed in each Planning Area during the interim period is as follows: a. Planning,Area 1: 1 unit per 40 acres; b. Planning Area 2: Shadowrock Development Agreement; C. Planning Area 3: 2 units per acre: 20,000 square foot ininimam lots; d. Planning Area 4: 2 units per acne: 20,000 square foot minimum lots; e. Planning Area 5: resort commercial and residential; f. Planning Area 6: 2 units per acre: 20,000 square foot ininimurn lots; g. Planning Area 7: watercourse and recreation; b. Planning Area 8: l unit per 2.5 acres. i. Planning Area 9: 1 unit per 20 acres. 6. Grandfather Clause. It is proposed that all projects with approvals of entitlements, including development agreements, be permitted to proceed under such entitlements. P. CONCLUSION The draft specific interhn regulations and diagram are attached as Exhibits A and B. The purpose of the interim regulations is to reassure the public that there will be a detailed planning process before any further projects are approved in the Chino Cone and Highway 111 Corridor. Until detailed regulations are adopted, the interim standards will require a master plan including the backbone transportation and infrastructure systems, a trail and open space plan, analysis of water usage and availability, environmental review, and a fiscal impact analysis to assure that the development will pay sufficient fees to not be a burden on the provision of public service. 1,1AV). CANYON, HIGHWAY 111, AND SNOW CREEK URGENCY ORDINANCE LAND USE COMPARISON BY PLANNING AREA PLANNING AREA (PA) EXISTING Dwelling PROPOSED Dwelling Units Units (DU) (DU) PA-1 1 Dwelling Unit/20 Acre and 29 Conservation 1 Dwelling Unit I20 Acre 1 Dwelling Unit 140 Acres Palm Springs Aerial Tram Property - not changed PA-2 Shadowrock Project 415 No Change 415 PA-3 2 Dwelling Units /Acre 1,038 2 Dwelling Units I Acre - net lot area 20,000 sq. ft. 612 6 Dwelling Units /Acre Large-Scale Resort Conservation Conservation Large-Scale Resort PA-4 2 Dwelling Unit 1 Acre 274 2 Dwelling Units 1 Acre - net lot area 20,000 sq. ft. 197 PA-5 General Commercial 219 General Commercial 219 Neighborhood Shopping Center General Commercial 6 Dwelling Units I Acre 4-6 Dwelling Units I Acre PA-5A General Commercial 50 General Commercial 50 Neighborhood Shopping Center General Commercial 6 Dwelling Units I Acre 4-6 Dwelling Units I Acre PA-6 6 Dwelling Units I Acre 701 2 Dwelling Units I Acre 251 2 Dwelling Units I Acre Large-Scale Resort Large-Scale Resort PA-7 Recreation and Open Space -0- No Change -0- PA-8 3.5 Dwelling Units I Acre 710 2 Dwelling Units 1 Acre 246 Conservation Conservation Public Recreation Public Recreation PA-9 Desert 980 Conservation 100 Watercourse Watercourse 2 Dwelling Units 1 Acre I 1 and 2 Dwelling Units I Acre 287 TOTAL DWELLING UNITS 4,415 TOTAL DWELLING UNITS 2,389 tvese��d� r► �+� Zz CANYON, HIGHWAY 1111 AND SNOW CREEK URGENCY ORDINANCE LAND USE COMPARISON BY PLANNING AREA PLANNING AREA EXISTING PROPOSED (PA) PA-1 1 Dwelling Unit 120 Acre and Conservation 1 Dwelling Unit 120 Acre 1 Dwelling Unit /40 Acres Palm Springs Aerial Tram Property - not changed PA-2 Shadowrock Project No Change PA-3 1 Dwelling Unit /Acre 2 Dwelling Units I Acre - net lot area 20,000 sq. ft. 2 Dwelling Units 1 Acre Large-Scale Resort Conservation Conservation Large-Scale Resort PA-4 1 Dwelling Unit !Acre 2 Dwelling Units 1 Acre - net lot area 20,000 sq. ft. PA-5 General Commercial General Commercial Neighborhood Shopping Center General Commercial 6 Dwelling Units /Acre 4-6 Dwelling Units I Acre PA-6 6 Dwelling Units /Acre 2 Dwelling Units/Acre 2 Dwelling Units /Acre Large-Scale Resort Large-Scale Resort PA-7 Recreation and Open Space No Change PA-8 3.5 Dwelling Units 1 Acre 2 Dwelling Units/Acre Conservation Conservation Public Recreation Public Recreation PA-9 Conservation Conservation Watercourse Watercourse 2 Dwelling Units /Acre 2 Dwellings 1 Acre DRE:Idm W EXHIBIT "B" CHINO CANYON SPECIFIC PLAN AREA INTERIM ZONING REGULATIONS CREATING SPECIFIC PLAN AREAS FOR CHINO CANYON, SNOW CREEK, AND SOUTH SIDE OF HIGHWAY 111 CORRIDOR BETWEEN GATEWAY DRIVE AND CITY LIMITS SPECIFIC PLAN AREAS The City Council has determined that the Chino Cone, Highway 111 Corridor, and Snow Creek areas need a detailed and comprehensive land use planning program which balances City economic development, land use, open space, recreation, scenic, and neighborhood considerations. The City's General Plan recognizes the value of the Chino Cone area by stating "Chino Cone offers unparalleled dimensions in recreational and resort living potential." The General Plan also states that land uses and policy should "stimulate development of the highest quality." The General Plan provides property owners the option of proposing either a Specific Plan or Planned Development District as the mechanism to proposed development in the Chino Cone area. The purposes of this Interim Zoning Regulation is to ensure that General Plan objectives and policies are met by requiring a Specific Plan for all proposed development within the areas covered by this Ordinance. The area covered by this Ordinance has been divided into nine(9) Specific Plan Areas. Nothing in this Ordinance is intended to prohibit the combining of Specific Plan Areas for purposes of developing a Specific Plan. Additionally, Specific Plan boundaries may be adjusted as part of the Specific Plan approval process. The required Specific Plans shall provide a comprehensive land use plan which must comply with the goals and policies of the General Plan and this Ordinance. Each Specific Plan shall include a detailed land use evaluation to assign land use and density to ensure that land uses are fairly allocated to all properties with potential development opportunities. An Environmental Impact Report is required for each Specific Plan. Each EIR shall include a full discussion of land use alternatives and shall address planning considerations and relationships with surrounding properties. This Ordinance is organized to provide General Requirements which are applicable to all Planning Areas and then specific requirements for each of the nine (9) Planning Areas. GENERAL REQUIREMENTS COMMUNITY PLANNING REQUIREMENT Prior to the preparation of any required Specific Plan, the project proponent, developer, and/or developers shall fund a comprehensive community planning program that shall be conducted in conjunction with by the City. The results of this program will be to develop a Strategic Management Plan for the preparation, public review, and processing of each required Specific Plan. Public involvement will be required throughout the Specific Plan and development entitlement process. It is encouraged that a consulting firm with specialty expertise in community planning and involvement programs be hired to ensure that the intent of this section is complied with. CIRCULATION / ROADWAYS/TRAILS PLANNING REQUIREMENT 1. A roadway alignment ( study) for all major, secondary, collector, and local roadways as shown in the General Plan shall be prepared as part of each Specific Plan. 2. The study shall include a traffic analysis for the entire Chino Cone or specific planning area Page 1 of 5 A4C ' 4 2:1is4 (Planning Areas#8 and#9)and shall include a comprehensive roadway, bikeway, and trails plan. Design standards for each roadway shall be developed including special roadway sections, median islands, landscaped parkways, decorative, and safety lighting. Roadway location, alignment, and design shall be designed to take advantage of view corridors,active and passive recreation, and buffer views of proposed development. Perimeter walls shall be discouraged in favor of expansive parkways and fencing which has limited exposure and views to public and private roadways. 3. Each Planning Area shall provide circulation and roadway improvements that provide adequate circulation and access to adjacent properties. 4. A bikeway, sidewalk, equestrian trail, and hiking trail plan shall be developed to provide recreational amenities and trail linkages. A hiking, equestrian, and bike trail system which provides linkage between Planning Areas shall be provided. Area wide regional trails shall be provided which provide access to existing trails and provide trail linkages within the Planning Area, LARGE-SCALE RESORTS: Large-scale resorts (LSRs) are intended to provide for expansion of the City's Tourism base and increase transient occupancy tax. LSRs may include a variety of visitor-serving land uses including resort hotels, hotels, guest ranches and lodges, other resort residential uses, and accessory commercial uses for use by visitors and guest. There are three(3) large-scale resorts within the Chino Cone Specific Plan Areas. A large-scale resort may be permitted in the areas shown on the General Plan provided the following minimum property development standards are complied with: 1. Large-scale resorts shall not be located within 1,000 feet of any existing single-family residential development located south of Highway 111 as of the effective date of this Ordinance. 2. A minimum of 75% of the-project site shall be devoted to open space and recreational land uses. 3. A large-scale resort shall include a minimum of forty (40) acres. 4. Building height shall be limited to thirty (30) feet in height_ Additional building heights may be permitted per the General Plan within a Specific Plan area provided it can be demonstrated that adequate setbacks and view corridors are provided. 5. All other LSR requirements as specified in the General Plan shall apply. WATER CONSERVATION: For all developments located within the boundaries of this Ordinance, the Specific Plan shall include a comprehensive water availability analysis and water conservation program. Water availability analysis shall comply with the provisions of SB 221 and SB 610 with the exception that such analysis shall be required for all Specific Plan areas except Planning Areas Nos.2(Shadowrock)and 5(Visitors Center). The future use of treated wastewater effluent for golf course areas shall be evaluated and considered. Each Specific Plan shall include an outdoor water conservation element which emphasizes comprehensive outdoor conservation programs for all landscape, restored desert areas, and water features. Turf and ornamental plants shall be minimized wherever feasible. Use of turf shall be limited to active recreation areas such as golf courses, tennis, event areas and other active recreation areas. Page 2 of 5 21610 RECREATION AND OPEN SPACE: Each Specific Plan shall include a recreation and open space element. Desired recreation and open space amenities include passive and active recreation. Each Specific Plan area shall have linkages and continuity of recreation and open space amenities. Recreation areas and open space shall have a public access component. Natural desert areas with or without an active recreation component are encouraged. On-site private recreation amenities shall meet or exceed General Plan criteria. Public recreation areas and speciality parks and other amenities shall be provided in accordance with the General Plan. Each Specific Plan area shall be required to consider and provide for mitigation of the loss of habitat for state and federally listed endangered species. Mitigation may include habitat restoration,on-site open space, off-site open space acquisition or financial contribution to enhance habitat or acquire off-site mitigation. The Environmental Impact Report shall address biological impacts and shall consider local, state, and federal conservation programs. Conservation Areas: All areas currently designated Conservation on the General Plan shall maintain this designation and comply with all current General Plan and Zoning Regulations. INFRASTRUCTURE AND PUBLICSERVICES: A comprehensive program for the provision for and development of all required infrastructure and public services shall be included in each Specific Plan. Participation and/or financial contributions for public infrastructure and services shall be provided to meet the needs of the project and community. FISCAL IMPACT ANALYSIS: Each Specific Plan shall have a comprehensive Fiscal Impact Analysis prepared under the direction of the City which demonstrates that all infrastructure and public services are provided for without becoming a burden on the City. EXISTING LOTS OF RECORD: The Specific Plan requirement shall not apply for development of a single-family residence on an existing lot of record as of the effective date of this Ordinance. All proposed single-family residential uses shall comply with the Section 92.01.00 R-1 Single-Family Residential Zones property development standards, shall comply with Section 94.04.0 Architectural Review, and if applicable, Section 93.13.00 Hillside Developments The following Planning Areas and development criteria have been established based upon property ownership, parcel configuration, topography, and other planning considerations. PLANNING AREA#1 -PALM SPRINGS AERIAL TRAMWAY- This area includes the Palm Springs Aerial Tramway Valley Station and accessory improvements. All current codes and ordinances shall apply to all properties owned, leased or managed by the Palm Springs Aerial Tramway. All other properties shall be limited to one (1) dwelling unit per 40 acres. Allowable land uses and property development standards in Section 9221.01 "O"Open Land Zones, Palm Springs Zoning Ordinance (PSZO), shall apply. PLANNING AREA#2-SHADOWROCK. This area shall be designated Development Agreement #2 per Section 94.08.05, Palm Springs Zoning Ordinance (PSZO). This Planning Area shall be developed in accordance with Section 94.08.05 Shadowrock Development Agreement, PSZO. This Development Agreement and related land use approvals provide for the ultimate development of a destination resort project consistent with the General Plan. The project is composed of: (a) an eighteen(18)-hole championship golf course,clubhouse, and driving range; (b)one hundred thirty- five (135) single-family and luxury estates, (c) ten (10) luxury bungalows, (d) two hundred (200) Page 3 0l' 5 alb 11 luxury condominiums, and (a) a sixty (60) unit hotel building and spa/fitness/tennis facility. The Shadowrock Development Agreement also approved two(2) alternative development scenarios as to the hotel and tennis facility phase: (i) alternative 1 being a four hundred ninety (490) unit hotel, and (ii) alternative 2 being two hundred eleven (211) single-family and luxury estate homes. PLANNING AREA #3 -AGUA CALIENTE BAND OF CAHUILLA INDIANS LANDS: This is Agua Caliente Indian Reservation and all lands within this Planning Area are Indian Land_ This area is designated single-family residential development with a maximum density of two (2) units per acre. Minimum lot size shall be 20,000 square feet of net lot area for a traditional single-family residential subdivision. Density transfers and clustering of residential units shall be permitted in conjunction with the development of a resort championship golf course or significant natural open space and/or recreation areas. Property development standards including but not limited to building height, setbacks, lot coverage, landscaping, and exterior lighting shall be established in the Specific Plan. PLANNING AREA#4-TRAMWAY SOUTH: This area is designated very low-density residential development with a maximum density of two (2) units per acre. Minimum lot size shall be 20,000 square feet of net lot area for a traditional single-family subdivision. Density transfers and clustering of residential units shall be permitted in conjunction with the development of a resort / er championship golf course only or development of significant natural open space and/or recreation areas. Property development standards including but not limited to building height, setbacks, lot coverage, landscaping, and exterior lighting shall be included in the Specific Plan. Access to Planning Area #4 shall be Tramway or Racquet Club Road only. Emergency access to existing roadways located east shall be required. A specialty park shall be provided in accordance with the General Plan designation. PLANNING AREAS# 5 and 5-A -VISITORS' CENTER: This Planning Area shall be limited to, single-family and multi-family residential development, (four to six (4-6) units per acre) resort commercial,hotels, resort hotels,visitorserving activities, retail,and public and quasi public parking. Property adjacent to the Palm Springs Visitors' Center shall be a mixture of hotels, resort, commercial, and other related uses. The Specific Plan shall require consideration for enhancing the existing Palm Springs Visitors' Center, designation of a fire station site, and the Palm Springs Aerial Tramway. Property development standards including, but not limited to, land use intensity and density, building height, lot coverage, landscaping, parking, and exterior lighting shall be included in the Specific Plan. The Area designated as Planning Area 5-A is the property surrounding the existing Palm Springs Visitors' Center and Palm Springs entry way sign. The City Council has determined that property surrounding the Visitors' Center( a portion of Assessors Parcel#504-040-045, and -001) may be developed with a focused Specific Plan provided the proposed land uses are complementary and compatible with the Palm Springs Visitors' Center. Permitted land uses shall be resort hotels, hotels,tourist related commercial uses,restaurants(nofastfood ordrive-thru),entertainment, public facilities, public parking, retail, and multi-family residential. All land uses shall be compatible with surrounding land uses. A detailed analysis of the North Plan Canyon Drive (State Highway 111) street frontage shall be prepared which provides for expansive parkways, view corridors, screening of development, and landscape shall be included in the Specific Plan. Page 4 of 5 22101.2" PLANNING AREA # 6 - CHINO CANYON GATEWAY: This area is very low-density residential development with a maximum density of two (2) units per acre. Minimum lot size shall be 20,000 square feet of net lot area for a traditional single-family subdivision. Density transfers and clustering of residential units shall be permitted in conjunction with the development of a resort championship golf course or development of significant natural open space and/or recreation areas. Property development standards including but not limited to building height, setbacks, lot coverage, landscaping, and exterior lighting shall be included in the Specific Plan. A detailed analysis of the North Palm Canyon Drive (State Highway 111) street frontage shall be prepared which provides for expansive parkways, view corridors, screening of development, and landscape shall be included in the Specific Plan. PLANNING AREA# 7 - CHINO CREEK: This Planning Area shall be limited to watercourse and public recreation uses. This Planning Area may be merged with Planning Areas Nos. 2, 3, 6, or 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 Highway 111 (North Palm Canyon Drive)shall be considered for a National Monument Visitors' Center, trail head, and other related uses. Existing view corridors shall be maintained. PLANNING AREA#8 - HIGHWAY 111 CORRIDOR: This Planning Area shall be limited to very low-density residential development not exceeding units per acre. The purpose of this Planning Area is to preserve the rural character of the area and to allow low-density residential development. Also included in this Planning Area is the need for a public recreation amenity which could include a public park, trail head or other related public recreation and open-space amenities. The existing public recreation designation located on its western boundary. The Specific Plan for this area shall consider alternatives including a public park amenity and relocation of this designation to the westerly area to provide for an opportunity for a Santa Rosa and San Jacinto Mountains National Monument Visitors' Center- Single-family dwellings on existing lots of record as of the date of this Ordinance may be developed in accordance with the existing General Plan Policy (3.32.2). PLANNING AREA # 9 - SNOW CREEK: This Planning Area is limited to conservation of the existing watercourse and very low-density residential development. Residential development shall be limited to one to two units per acre for property located outside of the flood plain. Development should be clustered to provide substantial natural open space and buffer to the hillside areas. Page 5 of 5 �� 1913 ZIVA HILLINGER 1475 South Calle Marcus Palm Springs, CA 92264 Page 1 of 1 Martha Edgmon From. Steve Long [slong@centuryvintagehomes.com] Sent: Wednesday, October 20, 2004 2:41 PM To: ManhaE@ci.palm-springs.ca us Subject: ZIVA HILLINGER 1475 South Calle Marcus Palm Springs doc ZIVA HILLINGLR 1475 South Calle Marcus Palm Springs, CA 92264 Honorable Mayor and Members of the City Council 3200 East Tahquitz Canyon Way Palm Springs, CA 92263 Dear Honorable Mayor and Members of the City Council: A review of the Urgency Ordinance Exhibit'B' Specific Plan Areas identifies the 209-acre Hillinger site as Planning Areas No-7 and 8 respectively. As you know, bath of these areas have been previously graded and consist of a slope of 1% or less. Both of these Planning Areas are identified to provide for a need for public recreational and/or open space amenities. However, there is no mention of a density transfer or similar mechanism as an incentive as discussed under Planning Areas 3,4 and 6. Planning Areas 3, 4 and 6, which are located on the Chino Cone on slopes which average 9% or more allows for an incentive (density transfers and residential clustering) in conjunction with the development of significant open space, recreational areas and/or a golf course. We respectfully request that the following language be added to both Planning Areas 7 and 8: ■ A density transfer and/or density bonus of up to 3 dwelling units/acre to be allowed in conjunction with the clustering of residential units associated with the development of significant open space, recreational areas and/or golf course. The requested 3 dwelling units/acre is below the existing 3.5 dwelling units/acre shown on page 22A13 Exhibit: 'Land Use Comparisons'. It is believed that this will allow flexibility in the planning process for staff to provide an incentive to meet what is described as a need for public amenities. Some of these public amenities that can be reviewed during the Specific Plan process may include parks, trails and/or trail head, a site for a National Monument visitors center, a City 'Gateway' and other related recreational and open space amenities. This kind of an incentive will assist the City in providing meaningful open space as well as being equitable with the other Planning Areas. We think incentives will assist in the creation of outstanding projects, with associated amenities as well as a ' Gateway' into the world-renowned Palm Springs area. I appreciate your fair consideration of the aforementioned items. Thank You. Respectfully Submitted, Ziva Hillinger, Land Owner 10/20/2004 10/25/2004 11.56 7603273811 PAGE L01 FILE No.022 1312D '04 10:47 ID Fox: ZIVA HILLINGER 1475 South Calla Marcus Palm Springs, CA 92264 n P Honorable Mayor and Members of the City Council 3200 East Tahquib:Canyon Way Palm Springs, CA 92283 Pear Honorable Mayor and Members of the city Council. A review of the urgency Ordmsnes EYhibit'B'Spactflc Pun Areas identifies trio 208- acre Hlllinger site as Planning Areas No 7 and B respectively. As you know,both of these oretu have been previously graded and conalsi of a slope of 1`R otiose Both al' thane Planning Areas are Identified to provide for a need fat public recreational andlor open apace amenities. However,there is no mention of a density transtor or similar nreghanlarn as an incentive at discussed under Planning Areas 3A and 6 Planning Areas 3,4 and 6,which are Iocatod on the Chino Cone on slopes which average 9%at more allows for an incentive(density transfers and residential clusmring) In conjunction with the development of significant open space.recreational areas and/or a golf course We respacdully request that the following lariguags be eddod to both Planning Areas 7 and 6. a A density transfer atidlor density bonus of up to 3 dwelling unlls/acre to be allowed In conjunction with the clustering of residential semis associated with the development of significant open space,recreational areas and/or golf course The requested 3 dwelling undUacro Is below the existing 5.5 dwelling until/acre shown on page 22A13 Exhiblt:'Land use Gompadsona'. It is believed that this will allow flexibility in the planning praori for staff to provide an incentive to meet what is described as a need for public amenities.Soma of those public amenities that can be reviewed during the Specific plan process may include parks, trails and/or trail head,a site for s Nation)Monument vishors center.a City'Gafeway' and other related recreational and opn space amenities. This kind of an incentive will usist the City In providing meaningful open spade as well es being equitable with the other Planning Aram We think moenovea will assist In the creation of outstanding projects, with associated amenities an well as e'Getaway into Thai world-renowned Palm Springs Was I appreciate your fair cdns/idarollon of the aforementioned items.Thank You- Respect Subml1&r 2iva .Lourd r t / / u c TO: Palm Springs Ci Councils pp n - FROM: Frank Gaydos U DATE: October 20, 2004 RE: Vision for Palm Springs Honorable Mayor/City Council Good evening. I think you would all agree the desert and the mountains are especially fresh and beautiful after the rain. I stood on the Chino Canyon alluvial fan today and looked at the hillsides, and the sight gave me renewed courage and purpose of why so many of us that live in Palm Springs are fighting to protect this spectacular historical, natural resource that greets tourists, guests and future residents that visit our great City. So you can understand why regardless of the vote tonight, we will not waiver in our efforts to maintain this unique and beautiful treasure for generations to come. I grew up about 45 minutes west of Palm Springs and came here many times with my parents as a child and later as a rowdy college student on spring break(and we won't talk about that tradition that was killed ,years ago) And I never thought I would ever call Springs home or and at the least, be involved in a battle to protect what has been untouched for eons of years, our mountains and our alluvial fan. The projected Chino Cone Plan, which comprises 9 planned zones has several golf courses, resorts, shopping centers, condos and high density housing tracts on the drawing board. Major developers are chomping at the bit to the bull dozers and the rock crushers fired up so they can begin creating the vision of the City Council and the Planning Department, but not the citizens of Palm Springs. You are currently developing an economic impact study to stall and discredit the Mountain Preservation Initiative. You have that right and the thank God, the Citizens have the right to vote on the Mountain Initiative in March 2005. Let's hope Palm Springs is the winner, because there are some things you can't put an economic value on. That's a message you need to hear. That's our vision for Palm Springs. PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (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 --------------------------------- years,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, County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside,State of California under the date of March 24,1988.Case Number 191236;that the notice,of which the annexed is a printed copy(set in type not smaller than non pariel,has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: October 27"' All in the year 2004 I certify(or declare)under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs,California this---12t"-.—day of-----jNoovvee+mmbner------,2004 Signature vlpusly approved by the Pity or its constituent boards,core- ORDINANCE NO.1663 _ Oounoil desires to: (1) retain the current requirement,-1tg � missions or off idals so 1°61gas such approvals remain valid,, land developed within an Urban Reserve area urelarfake'a nor shall it apply to any application for discretionary land use complete environmental review,and(2)add the new m go!re tlevele menf entitlements,zonin variances, or where the AN INTERIM URGENCY ORDINANCE OF THE CITY menf of a community planning component which requires a: p g COUNCIL OF THE CITY OF PALM SPRINGS,CALIFOR- developer to give early notice of its proposed Prue to .1thus int Planning SeNlydimmi5,,niched the eta am date ` NIA, ADOPTING INTERIM DEVELOPMENT REGULA- neighborhood groups and to meat and discuss the Prop sell al the Interim Urgency Ortlmance, sche uled a complete TIONS FOR THE CHINO CONE AND ADJACENT AREAS project with the neigrborhootl groups,and ppe ahon for conederallan by the applicable le legislative � PENDING THE COMPLETION OF STUDIES AND THE body of the CTy far public hearing and pvsslble action. q WHEREAS, during the Interim period, the City Council ofPREPARATION OF AN UPDATE OF THE GITY'S REVEL- 'SECTION B. Vole Required for Adoption of Ordinance. OPMENT REGULATIONS FOR THESE AREAS. desires to adopt new density of development standards for This Interim Urgency Ordinance is enacted pursuant to the iff each of the Planning Areas which are consistent with the authorityconferred upon the CityCouncil of the City of Palm .. "Chino Canyon Specific Plan Area Interim Zoning Springs by Government Code Section 6585B,36934 and WHEREAS, the "Urban Reserve Area" within the Chino Regulations Creating Specific Plan Areas for Chino Canyon, 36937,end shall fo in full force and effectthe immediately upon ,I Cone has long been recognized as one of the most unique Snow Creek, And South and, of Highway 111 Corntlor its adoption by afour-fifths(4/5)vole of the City Council areas of the City Palm Springs("City")and of the Stale of Between Gateway Drive herein a Exhibit which rs attached Calrforma;and hereto Incorporated herein as Exhibit"B"and which is ADOPTED this 201h day of October,2004 1 WHEREAS, the Urban Reserve Area in the Chino Cone summarized as follows,(a)Planning Area#1' one(1)unit AyES, I Members Foal, rises from the desert floor approximately 2,000 feel,to where per 40 acres; (b) Planning Area #2 Shadowrock McCulloch,Mills,Pommot and Mayor Open i the Valle Station of the Palm Springs Aerial Tram ascends Development Agreement, (c) Planning Area#3 two (2) 1 YNOES: ,None {y{7 an additional 6,500 feet to the forests of Mt.San Jacinto such units per acre 20,000 square foot minimum lots; (it) f that the bread reach of the Chino Cane alluvial fan is is pile Planning Area#4 Iwo(2)uhns per acre: 20,000 square ABSTAIN: None li for miles from many different directions;and foot minimum lots;{e)Planning Area#5: resort commerelal ABSENT. None and residential;(f)Planning Area#6: two(2)units per acre: WHEREAS, the unique features of the China Cone have 20,000 square foot minimum lots; (q) Planning Area k7: ATTEST. always been recognized in the City's General Plan process; watercourse and recreation,ka Planning Area#8. two(2) CITY OF PALM SPRINGS,CALIFORNIA i and units per 2.5 aches;and b)Planning Area#9. one—two City Clerk t WHEREAS,in 1959 fie area was studied in a General Plan (1-2)units per acre,and Mayor 11 Report,and a plan for the area was produced In 1966,pro WHEREAS, in an effect le develop oerifpmherslvQ;(ai{oi'` V(ia'd anrFApprovetl as to Form, posing a spectrum of residential densities ranging from one appropriate revisions to the Cry's development mind istiars, n (1)unit per five(5)acres to 43.5 unite per acre,Including far the,areas indicated on Exhibit "A," the Ci 4,,ixjAr? Exhiv resoit A d hotel and commercial areas;and desires that staff.(7)proceed with a comprehensrya s{udy�of�'- ® voi,anm"m ors,aiwm hen"ue WHEREAS,pursuant to the 1966 plan,the urban reserve the City's current standards for,developmsnt wrthte the rune Yr concept was recommended for the'Chino Cone area as a (9)Planning Areas;(2)prepare new planning standards for;, beltlmg"zone tlesignalimi until spscfic development plans each of the Planning Areas to include the following compy could be proposed;and nen[s including, but not limited to (a) master planning ol.: WHEREAS,the 1966 plan also prohibited development an road alignment,(b)traffic analysis,(c)apbtkeWay.`.pOd,I,mrl plan,(d)water conservation and evallabflly�ely'sts(2)'ah slopes greater than 30%;and - - -J infrastructure plem(f) minimum devslo'pmenl s'faptlards 1 WHEREAS,the 1966 standards for development within the which comply with the density standards breach of ilia Sub- Chino Cone area were amended in the 1993 General Plan; 'areas,(g)a fiscal Impact analysis,On an open space plan, .i and and(I)envGoarmental review;and(3)prepare new density of — ` WHEREAS,over the years,although many developers have development standards far each of the nine(9) Plamm�g y� i� Areas during the Interim period,and considered development of the Chino Cane and adjacent 9 areas,the difficulty,of 1he'rocky terrain,environmental con- WHEREAS,the city Council finds and declares that all prof (' simints,the land ownership patterns,and general real estate acts with approvals of entitlements,including development.^Frio Octoberr 27,2004 { market conditions have kept any developer from actually agreements,as of the effective dale of this Interim Urgency r obtaining permits for development;and Ordinance are permitted to proceed undersuch entHlemen[s, a WHEREAS,in 1993 the General Plan Yor the Chino Core but all projects without entitlements or permits shall be sub- area was amended by reducing Intensity OI development in lest to the standards hereof;and recognition of the area's natural assets, topography,'and WHEREAS,Government Code Sections 65856,36934,and a desire to maintain the scenic quality of area;and 36937 expressly authorize the City Council to adopt an WHEREAS,areas in the upper Chino Cane were deslgnst- urgency ordinance and to impose interim regulations which O ed Resort and far residential development were designated are applicable to the nine(9)Planning Areas,untill updated ` Conservation,one(1)tlwel ing unit per 20 acres,and far very regulations are adopted,to reassure the pubic that there will be an updated detailed planning process applicable to these j low density residential development one(1)unit per acre; , and areas: WHEREAS,areas in the middle antl lower Chico Cane area NOW �.'.TNEF,{EFORE„ -THE CITY COUNCIL had allowable density reduced to very low density residential OF THE CITY;OF, PALM SPRINGS, CALIFORNIA, development,two(2)units per acre and to low density level- DOES ORDAIN AS T'OLLOWS: i opment eta(6)units per acre;and SECTION'1: Abpywl'.mlals. The above recitals are true WHEREAS,the tlensity around[he Palm Springs Visitors' and ceirrepkCenter was reduced to law density residential development SECTION,2. (Eifecliveness of Ordinance. This Interim six(6)units per acre and Neighborhood Shopping Center, Urgency!OFtnaoe shall be effective for forlyiive(45)days and from-and after the dale of its adoption, pursuant to the WHEREAS,to date, the Shadowrock Project,for which a a0thonly conferred upon the City Council by Government Development Agreement was approved by City Council Cade Saundra 65858N). Resolution 1462 In 1993,as memorialized in Palm Springs' SECTION 3, Urgency Declaralion, The City Council finds Municipal Cade("PSMC")Section 94.08 05, is the largest and determines that the City's current standards for dervel- ( tlevelopment project to be approved within the Chino Cone; element Within the Urban Reserve classification,as applied ' and to the nine(9)Planning Areas at issue harem,may be too �l WHEREAS,pursuant to the Development Agreement,the broad and create a current and immediate threat to the pub- s lic health,safety or welfare because the current standards do 'Shadowrock Project was designed,to create a amity l lion rased hotel to include a6o and hotel,135 single-family luxu- not sufficiently eddresstlensiry and similar issues which ry estates,210 luxury condominiums,and a golf course all acknowledge a sensitivity to the natural terrain and the de- within the upper portion of the Ohms Cone below the area frobveness of the area which Is at red to as the"Odds;"and - This,the City Courb4 directs staff to undertake a compre- `a WHEREAS,as the result of environmental litigation followed handles study and analysis of the development standards to :'. by the evaporation of the real estate market for hole resorts be appfed to all,development within the nine(9)Planning the Shadowrock Project has been delayed for some ten If 0) Areas. The comprehensive study shall Include,but not be years;and limited butte following components:(1)master planning of read aI,gnm.bt. (2),traffic analysis, (3)a bikeway and trail WHEREAS,after a slaw real estate market within the City plan,(4)water conservation and availability analysis;(5)an during the 1990's,developers who had experienced success infrastructure plan;'(6) minimum development standards .'tin other portions of the Coachella Valley"began to resort- which comply With Abe density standards of each of the sub- sider the City,and several significant projects were proposed areas,(7)a fiscal impact analysis,(8)an open space plan, for development on the fringes of the then-develimad dross (9)environmental,review,and(10)the preparation of new of the City,and : - density of development standards for each of the Planning 'WHEREAS, for example, Century Homes constructed Areas. The study shall be completed within a reasonable Mountain Gate 1,a standard mid-Markel subdivision with a tame. 'I' density of four(4)umis per acre,along Highway III at the SECTION 4:;.,,r Urgepoy Fmdk gs. In adopting this Interim entry to Palm Springs,and Urgency Ordinance this City Council finds and determines WHEREAS,the suCoosa of MOurlain Gate I has now led to fhatdhe adoption of flits Ipterlm Urgency Ordinance is nec- theproposal to develop Mountain Gate 11,for a two project assay to protect the public safety,health,and welfare,as total of 514 units and further phases are now being planned; those terms are defined In Government Code, Section land - 65858(a),for the reasons set forth below in[his Seclim 4. WHEREAS,the desert entry to[fie City of Palm Sprigs,Its -(a)) The Cdyiis'e.pen.h.urg rapid growth is the, ly topography,vegetation,and scenic vistas,has been a part of northern part of the City that has created a need to carefully` the regional,national,and international renown and appreck evaluate all new dEvelpprpent for effects on public safety, ation of the unique natural beauty and charm of the City,and Infrastrmcture,and oth&I'public services. a I'our projects are being developed along the entry to the (b) The Clty Counctl has determined that communi-, City which wall off the traveler from these vistas;and ty concerns about growlh�and development have caused 6' WHEREAS,on the Chino Cone and adjacent areas Itself, need to ovaWate'the land use padern,density,and said several lower density luxury residential projects have been property development standards that will have a direct effecb proposed, but generated controversy due to significant upon public safely,health,and welfare. neighborhood concern over environmental Issues Including, (c) By evaluating land.use patterns, density, antl"r but not limited to,the volume of grading and lack of sensi[iv- overall property development standards,the City can evak- i ly to the natural terrain,and ate open space and recreation needs and ensure that future WHEREAS,as described in PSMC Section 92.22.00,most development creates a strong positive relationship between of the Chino Cone is now zoned Urban Reserve and the conservation,open space,recreation,and economic devel. Citys Urban Reserve designation permts land uses consis- opment opportunities, tent with the General Plan,and id) Given that the undeveloped portions of the WHEREAS,for the Chino Cone area,land uses permdled northern part of the City are rapidly developing,developers , under the General Plan Include hotel,single-family residen- will soon propose projects to be constructed within the Chino tlal, m llti-famlly residential, neighborhood commercial, Cone and adjacent areas. In anticipation of this expected resort commercial,and recreational land uses;moreover,all development progression,before developers begin investing'-'I development in this area must be master planned with a money to plan such projects,the City Council believes that it � Planned Development District("PD")or Specific Plan and Is necessary to revise the planning process for development II requires the preparation of an environmental impact report within these areas. ("EIR");and '( WHEREAS, the development standards in the Urban (a) The Specific Plan process outlined in this Interim Reserve Zane, which are set forth in PSMC Season Urgency Ordnance will allow the community the opportunity 9403.00,require that development proposals be made in 40 to participate in the public planning process to ensure that )IJJ acre increments with minimum lot sizes of 10,000 square community concerns are considered as plans are being pre- ;g b feel;however,through the PD mechanism,development can pared _ R he approved to lesser standards,and (1) Were the City Council or Planning CommissionWHEREAS,the City Council desires to respond to the coin to grant any entitlement,zoning variances,or other discre- earns of its citizens regarding development within the Chino tionary land use permits relating to development within the Cone and adjacent areas;and nine(9)Planning Areas compendia the City's currently-appli WHEREAS,in light of Ihs,rapid development of the nodher- cable development regulations,during the pendency of the, ly portion of the City,which includes the development of 192 studies necessary to revise the development standards acres Into 705 dwelling units within the past two(2)years,in applicable to the nine(9) Planning Areas,such approvals addition to which there are a number of pending projects on could: an additional 437 acres,totaling 1,690 dwelling units,the (1) Fan to adequately address the land use City Council believes that the development wave will contin- patterns density,public services,and infrastructure of devel-: us on up into the Chino Cone and adjacent areas including opment within the nine(9)Planning Areas; 1 the entry to the City,and _ (2) Fall to sensitively address planning WHEREAS, in anticipation of this expected development issues specific to the natural terrain and natural resources of progression, before developers begin investing money to [his unique area; plan projects to he constructed within the Chino Cone and (3) .Undermine theortlerly development of adjacent adjacent areas,the City council desires to revise the plain a nine process for development within these areas;and property within the nine Planning Areas, resulting in a,u of , reduction the quality,caliber and Areas tics of ilia tleJel-;�I WHEREAS,the Citynda ds for ends and determines withithe Ur the opment within the nine(9)Planning Areas,and City'sReserve current standards far development within the Urban Reserve classification, as applied to the Chino Gone and (4) Undermine the orderly development of I adjacent areas,may be�mo broad and create a current and property within the nine(9)Planning Areas,resulting in the ,'',II Immediate threat to the public health, safety or welfare Inability of the City to assure that the nine(9)Planning Areas,"Bn because the current standard.do not sufficiently address are developed to their highest and best use as allowed by density and similar Issues which acknowledge a sensitivity to law' the natural terrain and the distinctiveness o1 the area,and Thus,the approval of entitlements for development wdhir;- the nine(9)Planning Areas pursuant to the City's exls[ing' comprehensive study and analysis of the development WHEREAS,the City Council desires that stall undertake i zoning ordinance would result in that threat to public health;'rands applied to development within the"entry City"to the Clly;' safety, and welfare, as identified above in this Section 4i I which Includes all areas to the west e1 Highway Ill from Due to the foregoing circumstances,it is necessary for the Snow Creek to the Chino Cone,excluding land within the preservation of the public health,safety,and welfare'that this` County of Riverside,as indicated on the map attached here- ordinance take effect immediately, 10 and incorporated herein as Exhibit-A,"to ensure that such SECTION 51 Interim Regulations. From and after the; development is undertaken in a manner that is sensitive to date of this Interim Urgency Ordmance,until the adoption of the unique qualities of the property;and revised regulations, neither the Planning Commission nor WHEREAS,the City Council believes that,for development [he City Council shall approve a discretionary land use purposes,the entry to the City areas should be considered development entitlement or discretionary land use permll as rune(9)separate sun-areas(sub-areas may be referred relating to,development within the nine(9)Planning Areas re as "Planning Areas"): Area#1 - Palm Springs Aerial defined on ExhIbh"A"wdhoul: (1)the approval of a speclf<I 3gi Ian,(2)consistency with the density of development and'" Tram; Area#2— Shatlowmck; Area#3,-Ague Caliente I q P e Reservation,Area#4-Tramway South;Area#5-Visitor other standards set forth on Exhibit"B,"(3)a complete env{:,;p� ronmental review,(4)compliance with community plers n ,'-,� Center -Chin(inclu C a Gateway;Area development reek,sub-Area g 4rea#6-chino Cline Gateway;Area#]-Chino Creek,Area requirements,and(5)submission of adequate lraPoccirca-, I_ Y8-Highway 111 Corridor;and Area#9-Snow Creek,and baron,Infrastructure,and other planning Improvements lden-I Iihim m Beaton 3 B'� NHEREAS,while permanent development standards for the . 1 vne(9)Planning Areas are being studied,the City Council SECTION 6. CEOA Fnding The City Council here s,firr ,;01r issues to impose,as an interim regulation pertaining to each that there is no possibility that the adoption of this Interim 'lanning Area,the obligation that,prior to development wllh- Urgency Ordinance will have a significant effect on the envi-',�., n any of the nine(9) Planning Areas,a specific plan be ronment. This finding is supported by the following facts U)�Qk rpproved for the entire Planning Area which would allow this ordinance authorizes the undertaking of feasibility and,'ll tevelopment to continue,albeit in a manner more consistent planning studies;and(2)any development which may occur,l r xM1h the concepts being studied for inclusion in the perma- pursuant to the interim standards will not be approved until complete environmental evaluation of the proposed project,ell; tent regulations;and P has occurred. This Ordinance Is therefore exempt,fror WHEREAS,a specific plan must be adopted by ordinance California Environmental Quality Act review pursuant m i4�� S after public hearings before the Planning Commission and CSceifornia Code of Regulations Section 15262 City Council;and 1 SECTION 7. Grandlethering This Interim Urgency_{ WHEREAS, respect to the specific plans, the City—Ordinance shall note Ito an project w�=— -� apply yp j filch hasbesnpre vats'"NL a00 �` ^' eyy anym ID suuuep2A billmel'spsa,di me IueilldolanbP' Ntl551N 3tlN01 9LB9-[0It(99BI azn purl areuollaicelplo)uolleolldde Rua of Aid de 11 Its s sou: 1C99 ft 60'g)�ROIIV rlu'nl,,,"N11 6 Z a 00 'peen ulewas slanosdde Bons se duel a5 sloloipo Ao suoiamp� }p/V.'�oyntl mru av,H Wii-il AEZ -woo'spmoq luanl9suoo sit is Rli�aql Rq panmdde Rj66oiq�i qyR raluag EgOl uessjp 1J asdjla3 4Wd Igsjgnsl!W PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (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 ----------__-------------__-______________-__ years,and not a party to or interested in the - - - No.0111 above-entitled matter.I am the principal clerk of a air OF t inter of the,DESERT SUN PUBLISHING PALM SPRINGS p ORDINANCE 1663 COMPANY a newspaper of general circulation, SUMMARY f lV, printed and published in the city of Palm Springs, An Interim Urgency Or- dinance of the City County of Riverside,and which newspaper has been Council of the City of / adjudged a newspaper of general circulation b the gg Y Palm Springs, Califor- nia, spcscootingintgern �� P Superior Court of the County of Riverside,State of Develomenthens for the Ch mo California under the date of March 24, 1988.Case -cone and adiaeent ar- Number 191236;that the notice,of which the el s pending the cam- etlon of studies and annexed is a printed copy(set in type not smaller �he preparation of an Update of the City's Do- than non pariel,has been published in each regular veldpment Regulahens and entire issue of said newspaper and not in any A r full cop y of Ordi- su i lement thereof on the following dates,to wit: nance-1663 is on file in 1 P g the Office of the City Clerk. I Kathie Hart, Actin October 31" 6 Clerk of the City o1 Palm Springs, Cali or- _____________________________________________________________ -nia,_do hereby certify that the foregoing Ur- gency Ordinance was adapted by the follow- _________________________—_________________________—_ All in the year 2004 Ing vote: AYES. Members Foat, McCulloch, Mills, Pounet, and I certify(or declare)under penalty of perjury that the Mayor OdenNO: None foregoing is true and correct. AB STAIN: Kathie Hart e Acting City Clerk Pub: Oct 31, 2004 Dated at Palm Springs,California this----17a'----day - - -- of------November---------,2004 � ------------------------------------------------------------ Signature 'ORDINANCE NO. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,ADOPTING INTERIM DEVELOPMENT 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 WHEREAS, the "Urban Reserve Area" within the Chino Cone 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 rises fzom 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 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 spectnun 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 fox 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, areas in the upper Chino Cone were designated Resort and for residential development were designated 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 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 Pahn Springs Municipal Code ("PSMC") Section 94.08.05, is the largest development project to be approved within the Chino Cone; 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 34599 2 v� 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 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," wluch. 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 93 - Agua Caliente Reservation; Area #4 - Tramway South; Area #5 - Visitor Center (including a commercial development sub-area); Area 96 - Chino Cone Gateway; Area #7 - Chino Creek; Area#8 -Highway I I I Corridor; and Area#9 - Snow Creek; and WIIEREAS, while permanent development standards for the nine (9) Planning Areas are being studied, the City Council desires to i npose, 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 3 34599 �83 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 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 42: Shadowrock Development Agreement; (c) Planning Area 43: 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 45: resort commercial and residential; (f) Planning Area #6: two (2) units per acre: 20,000 square foot minimum lots; (g) Planning Area 47: watercourse and recreation; (h) Planning Area 48: two (2) units per 2.5 acres; and (i) Planning Area 49: 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, 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. 4 34599 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 forty-five (45) 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 Findings_ In adopting this Interim Urgency Ordinance, the City Council finds and determines that the adoption of this Interim Urgency Ordinance is necessary to protect the public safety, health, and welfare, as those terns 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. (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 5 34599 22.155 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 tune (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. Interim Regulations. From and alter the dale 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 6. CE A Findin . The City Council hereby finds that there is no possibility that the adoption 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 6 34599 2213 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 7. 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 8. 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 (415) vote of the City Council. PASSED, APPROVED, AND ADOPTED as an URGENCY ORDINANCE this — day of October, 2004 AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk Mayor Reviewed and Approved as to Form: ALESI-IIRE & WYNDER, LLP David J. Aleshire, Esq. City Attorney 7 34599 xz95:� EXHIBIT"A" Chino Cone and Adjacent Areas - Planning Areas ILL II �3y9�'"�kt �m� .•.�16�Y,y��rpQQ����?,IR, �.F�•IY,A. l :w a�.^6� ar�3 �� 'I ;•-`�. :�—�'_..�.�,�. " iY vJR'� � i'j '. W.ti«y�yYF-..d��ap.'��. Ili M k" \ V.lu I IR Yam {"p" 14 .py�,4bG!aO '�I� 4 a 1. r ti" `•.��,it •� f. ` 1I 1 Y , N Elam; EXHIBIT "B" CHINO CANYON SPECIFIC PLAN AREA INTERIM ZONING REGULATIONS CREATING SPECIFIC PLAN AREAS FOR CHINO CANYON, SNOW CREEK, AND SOUTH SIDE OF HIGHWAY 111 CORRIDOR BETWEEN GATEWAY DRIVE AND CITY LIMITS SPECIFIC PLAN AREAS The City Council has determined that the Chino Cone, Highway 111 Corridor, and Snow Creek areas need a detailed and comprehensive land use planning program which balances City economic development, land use, open space, recreation, scenic, and neighborhood considerations. The City's General Plan recognizes the value of the Chino Cone area by stating "Chino Cone offers unparalleled dimensions in recreational and resort living potential." The General Plan also states that land uses and policy should "stimulate development of the highest quality." The General Plan provides property owners the option of proposing either a Specific Plan or Planned Development District as the mechanism to proposed development in the Chino Cone area. The purposes of this Interim Zoning Regulation is to ensure that General Plan objectives and policies are met by requiring a Specific Plan for all proposed development within the areas covered by this Ordinance. The area covered by this Ordinance has been divided into nine (9)Specific Plan Areas. Nothing in this Ordinance is intended to prohibit the combining of Specific Plan Areas for purposes of developing a Specific Plan. Additionally, Specific Plan boundaries may be adjusted as part of the Specific Plan approval process. The required Specific Plans shall provide a comprehensive land use plan which must comply with the goals and policies of the General Plan and this Ordinance. Each Specific Plan shall include a detailed land use evaluation to assign land use and density to ensure that land uses are fairly allocated to all properties with potential development opportunities. An Environmental Impact Report is required for each Specific Plan. Each EIR shall include a full discussion of land use alternatives and shall address planning considerations and relationships with surrounding properties. This Ordinance is organized to provide General Requirements which are applicable to all Planning Areas and then specific requirements for each of the nine (9) Planning Areas. GENERAL REQUIREMENTS COMMUNITY PLANNING REQUIREMENT Prior to the preparation of any required Specific Plan, the project proponent, developer, and/or developers shall fund a comprehensive community planning program that shall be conducted in conjunction with by the City. The results of this program will be to develop a Strategic Management Plan for the preparation, public review, and processing of each required Specific Plan. Public involvement will be required throughout the Specific Plan and development entitlement process. It is encouraged that a consulting firm with specialty expertise in community planning and involvement programs be hired to ensure that the intent of this section is complied with. CIRCULATION / ROADWAYS/TRAILS PLANNING REQUIREMENT 1. A roadway alignment ( study) for all major, secondary, collector, and local roadways as shown in the General Plan shall be prepared as part of each Specific Plan. 2. The study shall include a traffic analysis for the entire Chino Cone or specific planning area Page 1 of 5 fevis G� 2,91) 4y EXHIBIT °B" (Planning Areas#8 and#9)and shall include a comprehensive roadway, bikeway, and trails plan. Design standards for each roadway shall be developed including special roadway sections, median islands, landscaped parkways, decorative, and safety lighting. Roadway location,alignment, and design shall be designed to take advantage of view corridors,active and passive recreation, and buffer views of proposed development. Perimeter walls shall be discouraged in favor of expansive parkways and fencing which has limited exposure and views to public and private roadways. 3. Each Planning Area shall provide circulation and roadway improvements that provide adequate circulation and access to adjacent properties. 4. A bikeway, sidewalk, equestrian trail, and hiking trail plan shall be developed to provide recreational amenities and trail linkages. A hiking, equestrian, and bike trail system which provides linkage between Planning Areas shall be provided. Area wide regional trails shall be provided which provide access to existing trails and provide trail linkages within the Planning Area. LARGE-SCALE RESORTS: Large-scale resorts (LSRs) are intended to provide for expansion of the City's Tourism base and increase transient occupancy tax. LSRs may include a variety of visitor-serving land uses including resort hotels, hotels, guest ranches and lodges, other resort residential uses, and accessory commercial uses For use by visitors and guest. There are currently three (3) large-scale resorts within the Chino Cone Specific Plan Areas. The LSR located in Planning Area#6 is deleted for purpose_s of [his Urgency Ordinance A large-scale resort may be permitted in the areas shown on the General Plan provided the following minimum property development standards are complied with: 1. Large-scale resorts shall not be located within 1,000 feet of any existing single-family residential development located south of Highway 111 as of the effective date of this Ordinance. 2. A minimum of 75% of the-project site shall be devoted to open space and recreational land uses. 3. A large-scale resort shall include a minimum of forty (40) acres. 4. Building height shall be limited to thirty (30) feet in height. Additional building heights may be permitted per [he General Plan within a Specific Plan area provided it can be demonstrated that adequate setbacks and view corridors are provided. 5_ All other LSR requirements as specified in the General Plan shall apply. WATER CONSERVATION: For all developments located within the boundaries of this Ordinance, the Specific Plan shall include a comprehensive water availability analysis and water conservation program. Water availability analysis shall comply with the provisions of SB 221 and SB 610 with the exception that such analysis shall be required for all Specific Plan areas except Planning Areas Nos. 2 (Shadowrock)and 5 (Visitors Center). The future use of treated wastewater effluent for golf course areas shall be evaluated and considered. Each Specific Plan shall include an outdoorwater conservation element which emphasizes comprehensive outdoor conservation programs for all landscape, restored desert areas, and water features. Turf and ornamental plants shall be Page 2 of 5 ZvISC4 zZ ,� EXHIBIT "B" minimized wherever feasible. Use of turf shall be limited to active recreation areas such as golf courses, tennis, event areas and other active recreation areas. RECREATION AND OPEN SPACE: Each Specific Plan shall include a recreation and open space element. Desired recreation and open space amenities include passive and active recreation. Each Specific Plan area shall have linkages and continuity of recreation and open space amenities. Recreation areas and open space shall have a public access component. Natural desert areas with or without an active recreation component are encouraged. On-site private recreation amenities shall meet or exceed General Plan criteria. Public recreation areas and speciality parks and other amenities shall be provided in accordance with the General Plan. Each Specific Plan area shall be required to consider and provide for mitigation of the loss of habitat for state and federally listed endangered species. Mitigation may include habitat restoration, on-site open space, off-site open space acquisition or financial contribution to enhance habitat or acquire off-site mitigation. The Environmental Impact Report shall address biological impacts and shall consider local, state, and federal conservation programs. Conservation Areas: All areas currently designated Conservation on the General Plan shall maintain this designation and comply with all current General Plan and Zoning Regulations. INFRASTRUCTURE AND PUBLIC SERVICES: Acomprehensive program for the provision forand development of all required infrastructure and public services shall be included in each Specific Plan. Participation and/or financial contributions for public infrastructure and services shall be provided to meet the needs of the project and community. FISCAL IMPACT ANALYSIS: Each Specific Plan shall have a comprehensive Fiscal Impact Analysis prepared under the direction of the City which demonstrates that all infrastructure and public services are provided for without becoming a burden on the City. EXISTING LOTS OF RECORD: The Specific Plan requirement shall not apply for development of a single-family residence on an existing lot of record as of the effective date of this Ordinance. All proposed single-family residential uses shall comply with the Section 92.01.00 R-1 Single-Family Residential Zones property development standards, shall comply with Section 94.04.0Architectural Review, and if applicable, Section 93.13.00 Hillside Developments The following Planning Areas and development criteria have been established based upon property ownership, parcel configuration, topography, and other planning considerations. PLANNING AREA#1 -PALM SPRINGS AERIAL TRAMWAY: This area includes the Palm Springs Aerial Tramway Valley Station and accessory improvements. All current codes and ordinances shall apply to all properties owned, leased or managed by the Palm Springs Aerial Tramway_ All other properties shall be limited to one (1) dwelling unit per 40 acres. Allowable land uses and property development standards in Section 92.21.01 "O"Open Land Zones, Palm Springs Zoning Ordinance (PSZO), shall apply. PLANNING AREA#2- SHADOWROCK: This area shall be designated Development Agreement #2 per Section 94.08.05, Palm Springs Zoning Ordinance (PSZO). This Planning Area shall be ;?"Is d.X Page 3 of 5 ZZ#9 1/ EXHIBIT "B" developed in accordance with Section 94.08.05 Shadowrock Development Agreement, PSZO. This Development Agreement and related land use approvals provide for the ultimate development of a destination resort project consistent with the General Plan. The project is composed of: (a) an eighteen (18)-hole championship golf course, clubhouse, and driving range: (b)one hundred thirty- five (135) single-family and luxury estates, (c) ten (10) luxury bungalows, (d) two hundred (200) luxury condominiums, and (e) a sixty (60) unit hotel building and spa/fitness/tennis facility. The Shadowrock Development Agreement also approved two (2)alternative development scenarios as to the hotel and tennis facility phase: (i) alternative 1 being a four hundred ninety (490) unit hotel, and (ii) alternative 2 being two hundred eleven (211) single-family and luxury estate homes. PLANNING AREA 43 - AGUA CALIENTE BAND OF CAHUILLA INDIANS LANDS: This is Agua Caliente Indian Reservation and all lands within this Planning Area are Indian Land. This area is designated single-family residential development with a maximum density of two (2) units per acre. Minimum lot size shall be 20,000 square feet of net lot area for a traditional single-family residential subdivision. Density transfers and clustering of residential units shall be permitted in conjunction with the development of a resort championship golf course or significant natural open space and/or recreation areas. Property development standards including but not limited to building height, setbacks, lot coverage, landscaping, and exterior lighting shall be established in the Specific Plan. PLANNING AREA#4-TRAMWAY SOUTH: This area is designated very low-density residential development with a maximum density of two (2) units per acre. Minimum lot size shall be 20,000 square feet of net lot area for a traditional single-family subdivision. Density transfers and clustering of residential units shall be permitted in conjunction with the development of a resort / of championship golf course only or development of significant natural open space and/or recreation areas. Property development standards including but not limited to building height, setbacks, lot coverage, landscaping, and exterior lighting shall be included in the Specific Plan. Access to Planning Area #4 shall be Tramway or Racquet Club Road only. Emergency access to existing roadways located east shall be required. A specialty park shall be provided in accordance with the General Plan designation. PLANNING AREAS # 5 and 5-A - VISITORS' CENTER: This Planning Area shall be limited to, single-family and multi-family residential development, (four to six (4-6) units per acre) resort commercial,hotels,resort hotels,visitorserving activities,retail,and publicand quasi publicparking. Property adjacent to the Palm Springs Visitors' Center shall be a mixture of hotels, resort, commercial, and other related uses. The Specific Plan shall require consideration for enhancing the existing Palm Springs Visitors' Center, designation of a fire station site, and the Palm Springs Aerial Tramway. Property development standards including, but not limited to, land use intensity and density, building height, lot coverage, landscaping, parking, and exterior lighting shall be included in the Specific Plan. The Area designated as Planning Area 5-A is the property surrounding the existing Palm Springs Visitors' Center and Palm Springs entry way sign. The City Council has determined that properly surrounding the Visitors' Center( a portion of Assessors Parcel#504-040-045, and -001) may be developed with a focused Specific Plan provided the proposed land uses are complementary and compatible with the Palm Springs Visitors' Center. Permitted land uses shall be resort hotels, hotels,tourist related commercial uses,restaurants(no fastfood ordrive-thru),entertainment,public facilities, public parking, retail, and multi-family residential. All land uses shall be compatible with surrounding land uses. ��vcscQ Page 4 of 5 ZZ � ' EXHIBIT "B" A detailed analysis of the North Plan Canyon Drive (State Highway 111) street frontage shall be prepared which provides for expansive parkways, view corridors, screening of development, and landscape shall be included in the Specific Plan. PLANNING AREA # 6 - CHINO CANYON GATEWAY, This area is very low-density residential development with a maximum density of two (2) units per acre. Minimum lot size shall be 20,000 square feet of net lot area for a traditional single-family subdivision. Density transfers and clustering of residential units shall be permitted in conjunction with the development of a resort championship golf course or development of significant natural open space and/or recreation areas. Property development standards including but not limited to building height, setbacks, lot coverage, landscaping, and exterior lighting shall be included in the Specific Plan. A detailed analysis of the North Palm Canyon Drive (State Highway 111) street frontage shall be prepared which provides for expansive parkways, view corridors, screening of development, and landscape shall be included in the Specific Plan. PLANNING AREA# 7 - CHINO CREEK: This Planning Area shall be limited to watercourse and public recreation uses. This Planning Area may be merged with Planning Areas Nos. 2, 3, 6, or 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 Highway 111 (North Palm Canyon Drive)shall be considered for a National Monument Visitors' Center, trail head, and other related uses. Existing view corridors shall be maintained. PLANNING AREA# 8 - HIGHWAY 111 CORRIDOR: This Planning Area shall be limited to very low-density residential development not exceeding two (2) units per acre. The purpose of this Planning Area is to preserve the rural character of the area and to allow low-density residential development. Also included in this Planning Area is the need for a public recreation amenity which could include a public park, trail head or other related public recreation and open-space amenities. A density transfer and/or density bonus not to exceed a total of three(3)dwelline units/acre may be allowed in conjunction with the clustering of residential units associated with the development of significant open s ace recreational areas and/or golf course. The existing public recreation designation located on its western boundary. The Specific Plan for this area shall consider alternatives including a public park amenity and relocation of this designation to the westerly area to provide for an opportunity for a Santa Rosa and San Jacinto Mountains National Monument Visitors' Center. Single-family dwellings on existing lots of record as of the date of this Ordinance may be developed in accordance with the existing General Plan Policy (3.32.2). PLANNING AREA # 9 - SNOW CREEK: This Planning Area is limited to conservation of the existing watercourse and very low-density residential development. Residential development shall be limited to one to two units per acre for property located outside of the flood plain. Development should be clustered to provide substantial natural open space and buffer to the hillside areas, r�evi s � Page 5 of 5 ZJr $ 13