HomeMy WebLinkAbout2/4/2004 - STAFF REPORTS (15) OHDINANCE NO 1
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F THE Ci T 1 LOi_,T.IL OF hE_,Tt OF FnIJW SPRdYGq 11e=�° r
CALIFORNIA,APPROVING A DEVELCPMENI AGREEMENT �, F A-At ti.
Proof of Publication LECTION SYTHE RESORTS
`rY OF PALMS RN�S ORA FINAN�A`� QV'�a`�r
In Newspaper IMPACT MITIGATION FEE FOR THE STAR CANYON
STATE OF CALIFORNIA RESORT ON THE NEST SIDE OF SOUTH pal MNDP SC rTF
DR;'vE BETWEEN SUiJiJ`/D'JNc ROAD AieD liESG�ITE
County of Riverside AVENUE,ZONE PD-260,SECTIONS 22 AND 23
WHEREAS,on April 26,2000,the Planning Commission
voted to recommend that the Ctty Council approve Case No
5 OBSO-PD-260 for o Planned Development DPIrw1(PO-260)
Jacquelin K. Welch Says. and Tentative Tract Map(TTM 29691);and
I WHEREAS,on May 17,2000,the City Council voted to
approve Case No 5 0830-PD-260 for is Planned Development
1. I am a citizen of the United States, a District(PD-260)and Tentative Tract Map(TTM 29691) and
WHEREAS,on April 24,2002,a public meeting on the
resident of the City of Desert Hot Springs, request for a time extension from May 17, 2002 to May 17
Count of Riverside, State of California and 2003 for Pi and TM 29691 was held by the Planning
Y Commission in accordance with applicable law,and
over the age of 18 years. WHEREAS,on April 24,2002,the Planning Commission
2. 1 am the Research & Production Assistant year to extension
approval to me City Coufinal ail d the one
year time extension subject to the original conditions of
of The Public Record, a newspaper of approval,and
WHEREAS,on April 24,2002,the City Council voted to
general circulation printed and published in the approve a one year time extension from May 17,2002 to May
City of Palm Springs, County of Riverside, 17.2003 subject °the original conditions of approval'and
WHEREAS,on July 10,2002 a public hearing on the
State of California. Said The Public Record amendment to Case No 50830-PD-260 antl TTM 29691,to
is a newspaper of general circulation as that change the land use from hotel and timeshare to all timeshare
with 198 hotel rooms becoming 79 time share units and other
term is defined in Government Code section miscellaneous amendments including the elimination of the
ballroom and large kitchen,relocation of the recreation facih-
6000, Its status as such having been ties,meeting rooms and spa to former ballroom location,the
established by judicial decree of the Superior addrion of nine timeshare units in the former spa location,and
the conversion of 198 hotel room$into 70 timeshare units for
Court of the State of California in and for the property located at South Palm Canyon Drive between Sunny
Dunes Roatl to the north, Mesquite Avenue to the south,
County of Riverside in Proceeding No. Indio Random Road to the east, and South Belartlo Road to the
49271, dated March 31, 1987, entered n west,W-C-1 and W-R-3 Zones,Sections 22 and 23,was held
by the Planning Commission in accordance with applicable law;
Judgment Book No. 129, page 355, on and WHEREAS, the Planning Commission carefully
March 31,1 987. reviewed and considered all of the evidence presented in can-
3. The Public Record is a newspaper decline with the project including,but not limited Io,the slag
report and all wnren and oral lestlmony presented and,an July
of general circulation ascertained and 10,2002,voted to recommend that the City Council approve
said amendment,and
established in the City of Palm WHEREAS,on July 17.2002 to public heading on the
Springs in the Count of Riverside, amendment to Case No.5.0830-PD-260 and TTM 29691.to
p g Y change the land use from hotel and timeshare to all timeshare
State of California, Case No. R I C with 198 hotel rooms becoming 79 time share units and other
miscellaneous amendments including the elimination of the
358286, Filed June 8, 2001. ballroom and large kitchen,relocation of the recreation fecili
4. The notice of which the annexed is lies,meeting rooms and spa to former ballroom location'the
r addition of nine timeshare units in the farmer spa location,and
a true printed copy, was published n the conversion of 198 hotel rooms into 70 timeshare mulls for
property Ivcaled at South Palm Canyon Drive between Sunny
the newspaper on the following Dunes Road to the north, Mesquite Avenue to the South,
publication dates to wit. Random Road to the east, and South Belartlo Road to the
west,W-C-1 and W-R-3 Zones,Sections 22 and 23,was held
by the City Council in accordance with applicable law,and
WHEREAS, the Cry Council carefully reviewed and
February 10, 2004 considered all of the evidence presented in connection with the
February 17 2004 project including,but not limited to,the staff report and all wnt-
r ten and oral testimony presented and,on July 17.2002,voted
certify under penalty of perjury that the to approve said amentlmenl,and
WHEREAS, the Community Redevolopmenl Agency
above is true and correct, and City Council approved an amendment to the Disposition
TH and Development Agreement(RDA)between the Agency and
Dated at Palm Springs, California, this 17 SGHLPS,LLC to reflect changes in the project and several of
the deal points;and
day of February, 2003. / WHEREAS,Pointed Resorts Inc (the"applmard"),owns
a legal or equitable interest in the property which is the subject
q of the Development Agreement and,Agreement;
aore, is a qualified
applicant for the S, th Development Agreement;and
WHEREAS, the Palm Springs Zoning Ordinance
Section 94 OB 00 develops proceduresand requirements forms
consideration of development agreements,
ents,and
WHEREAS,the Development Agreement is enforceable
Jacquelin K. Welch by either the City of Palm Springs or Fairfield Resorts Inc as
provided in Government Code Section 658654;and
Research & Production Assistant WHEREAS,all applicable rules, regulations,and poli-
cies shall be enforceable that were in effect on the data this
Development Agreement IS executed by and between the City
of Palm Springs and Fairfield Resorts,Inc.,and
WHEREAS,the Development Agreement conforms with
the General Plan and the proposed Star Canyon Resort con-
forms with all policies,goals,and objectives of the City of Palm
Springs General Plan and the development standards within
the City of Palm Springs Zoning Ordinance;and
WHEREAS,the City of Palm Spring may terminate or
modify the Development Agreement if it finds,and determines
on the basis of substantial evidence,that the applicant or its
successor in interest has not complied in good faith with the
Development Agreement's terms and conditions,In accordance
with Palm Springs Zoning Ordinance Section 94.08.00 and
Government Cade Section 658651;and
WHEREAS,notice of a public hearing of the Planning
Commission of the City of Palm Springs to consider the
Development Agreement was given in accordance with applic-
able law;and I"
WHEREAS,on December 10,2003 a public hearing to
consider the Development Agreement Was held by the \--
Planning Commission in accordance with applicable law,and
WHEREAS,notice of a public hearing of the City Council
of the City of Palm Springs to consider the Development
Agreement was given in accordance will,applicable law;and
WHEREAS, on January 21,2004 a public hearing to
consider the Development Agreement was held by the City
Council in accordance with applicable law,and
WHEREAS,a Miligated Negative Declaration of envi-
ronmental impact was previously approved by City Council on
May 17, 2000, in conjunction with the approval of the Star
Canyon Resort and
WHEREAS,the City Council has carefully reviewed and
considered all of the evidence presented in connection with the
hearing on the project, including but not lirmi ! lhP staff
repot,all written and oral loagm,Cpy presented.
NOW,THEREFORE, BE IT RESOLVED that the City
Council of the City of Palm Springs does hereby find as follows
Sectio1: Pursuant to CEOA, a Mitigated
Negative Declaration of environ-
mental impact was previously
approved by City Council on May
17, 2000, in conjunction with the
approval of the Star Canyon Resort
No further environmental review is
necessary for the Development
Agreement, which relates only to
financial terms and creates no pus-
sibility that it will have a significant
effect on the environment
Section 2: The City Council hereby finds that
the Star Canyon Resod complies
with the provisions of Zoning
Ordinance Section 94.08.00 as toI-
lowe.
a. The Development Agreement is consistent with the
objectives,policies,general land uses,and pro-
grams specified in the general plan and any
applicable specific plan.
The Development Agreement is consistent with
the City of Palm Springs General Plan in that the
Development Agreement directly reflects the land
uses approved through the amendment to
Planned Development District 260 (PD-260),
approved on July 17,2002 by the City Council, "e;✓(.. ,r
and these land uses are consistent with the ere-)w�a'•k_."
General Plan land use designations of Resort -_-
Commercial(RC)and High Density Residential
(H 43/21) There is no applicable specific plan
affecting the proposed development.
b The Development Agreement Is compatible with the
uses authorized in, and the regulations am-
scribed for,the land use district In which the real
pupdrty is located
The"timeshare"land use is consistent with other
land scam the vicinity and were approved in the
amendment to PD-260,approved by City Council
on July 17,2002 The Development Agreement
addresses the approved PD-260,which consists
of 255 timeshare units and related site improve-
ments. The Development Agreement memoril-
rzes a financial impact mitigation fee meant to off-
set the loss of transient occupancy tax due to
conversion of the project to a timeshare develop-
ment
c The Development Agreement is in conformity with pub-
lic convenience,general welfare and good land
use practice.
it The Development Agreement is not detrimental to the
public health,safely,and welfare.
e The Development Agreement will not adversely affect
the orderly development of property or the
preservation of property values
BE IT FURTHER RESOLVED;that the City Council of
the City of Palm Sprigs does hereby ordain as follows
Section 1 That the Palm Springs Zoning Code
is hereby amended by adding
Section 940808 to about as follows
940808 Star Canyon Development Agreement
-
A. Star Canyon Development Agreement
1 Purpose The purpose of this section is 1a establish a
development agreement to guide the orderly development and
improvement of that portion of the City which is located on the
west side of South Palm Canyon Drive between the Tahquilz
Creek Channel and Mesquite Avenue in Sections 22 and 23 of
Township 4, Range 4, Palm Springs as legally described on
Exhibit"A"of the development agreement,attached to the ordi-
nance codified in this section and incorporated herein by refer-
ence.Pot of said property are designated as part of the
RC and H43/21 land use designations in the general plan,as
applicable. Hereafter, the property shall also be designated
"Development Agreement No.4"or"DA4"which shall be an
overlay designation incorporating the restrictions of the"Star
Canyon Development Agreement'. The preparation and adop-
tion of a development agreement is authorized by California
Government Code Sections 65864 through 65869.5 The Star
Canyon Development Agreement facilitates the collection of a
Financial Impact Mitigation Fee,as described in Exi l"B"of
the development agreement,from the murder in order to offset
a portion of transient occupancy tax lost due to the conversion
of the project to a time share development The Star Canyon
Development Agreement provided for ultimate development of
a 255-unit timeshare project consistent with the general plan
objectives,policies,and programs of the city which project is to
be located on that certain property described in the develop-
ment agreement
2 Adoption of Star Canyon Development Agreement
There is adopted the Star Canyon Development Agreement,
the text of which is set forth in the document enlilled
"Development Agreement - the City of Palm Springs and
Fairfield Resorts Inc."included with the manner..which codi-
fied this section,which agreement is incorporated in this sec-
tion by reference. The provisions of this section shall apply to
all property described an Exhibit"A",copy on file In O@ce of the
City Clerk, in the development agreement and incorporated
herein by reference
3 Property Development and Other Standards. All
property which Is subject to the Star Canyon Development
Agreement shall be maintained In accordance with all policies,
requirements,regulations,and provisions set forth In the Star
Canyon Development Agreement The developer's pedm-
mance of its obligations under the Star Canyon Development
Agreement shall be subject to annual review as provided there-
in.
Section 2: That the Official Zoning Map of the City of Palm
Springs is hereby amended by reclassifying from
PD-260 to being subject to the Star Canyon
Development Agreement all of that real property
described In Exhibit"A",copy on file in Office of
the City Clerk
Section 3: EFFECTIVEDATE The.rdinan.e shall be In full
farce and effect thirty(30)days after passage.
Section 4: PUBLICATION.The City Clerk is hereby ordered
and directed to certify to the passage of this
Ordinance,and to cause the same or a summary
thereof or a display advertisement,duly prepared
according to few,to be published In accordance
with law
ADOPTED THIS 411h day of February,2004. /
AYES. Members McCulloch,Pougnet and Mayer Doan )
DOCUMENT ATTACHED TO: NOES: Members Feet and Mills
ABSENT None
ATTEST CITY OF PALM SPRINGS,CALIFORNIA
NAMES: /s/PATRICIA A.SANDERS /S/RONALD ODEN
City Clerk Mayor
February 10,17.2004
`ORDINANCE NO. 1643
i
ORDINANCE NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT
WITH FAIRFIELD RESORTS INC. TO FACILITATE THE
COLLECTION BY THE CITY OF PALM SPRINGS OF A
FINANCIAL IMPACT MITIGATION FEE FOR THE STAR CANYON
RESORT ON THE WEST SIDE OF SOUTH PALM CANYON
DRIVE BETWEEN SUNNY DUNES ROAD AND MESQUITE
AVENUE, ZONE PD-260, SECTIONS 22 AND 23.
WHEREAS, on April 26, 2000, the Planning Commission voted to recommend that the City
Council approve Case No 5.0830-PD-260 for a Planned Development District (PD-260) and
Tentative Tract Map (TTM 29691); and
WHEREAS, on May 17, 2000, the City Council voted to approve Case No 5.0830-PD-260 for a
Planned Development District(PD-260) and Tentative Tract Map (TTM 29691); and
WHEREAS, on April 24, 2002, a public meeting on the request for a time extension from May 17,
2002 to May 17, 2003 for PD-260 and TTM 29691 was held by the Planning Commission in
accordance with applicable law; and
WHEREAS, on April 24, 2002, the Planning Commission voted to recommend approval to the
City Council of the one year time extension subject to the original conditions of approval; and
WHEREAS, on April 24, 2002, the City Council voted to approve a one year time extension from
May 17, 2002 to May 17, 2003 subject to the original conditions of approval; and
WHEREAS, on July 10, 2002 a public hearing on the amendment to Case No. 5.0830-PD-260
and TTM 29691, to change the land use from hotel and timeshare to all timeshare with 198 hotel
rooms becoming 79 time share units and other miscellaneous amendments including the
elimination of the ballroom and large kitchen, relocation of the recreation facilities, meeting rooms
and spa to former ballroom location, the addition of nine timeshare units in the former spa
location, and the conversion of 198 hotel rooms into 70 timeshare units for property located at
South Palm Canyon Drive between Sunny Dunes Road to the north, Mesquite Avenue to the
south, Random Road to the east, and South Belardo Road to the west, W-C-1 and W-R-3 Zones,
Sections 22 and 23, was held by the Planning Commission in accordance with applicable law;
and
WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence
presented in connection with the project including, but not limited to, the staff report and all
written and oral testimony presented and, on July 10, 2002, voted to recommend that the City
Council approve said amendment; and
WHEREAS, on July 17, 2002 a public hearing on the amendment to Case No. 5.0830-PD-260
and TTM 29691, to change the land use from hotel and timeshare to all timeshare with 198 hotel
rooms becoming 79 time share units and other miscellaneous amendments including the
elimination of the ballroom and large kitchen, relocation of the recreation facilities, meeting rooms
and spa to former ballroom location, the addition of nine timeshare units in the former spa
location, and the conversion of 198 hotel rooms into 70 timeshare units for property located at
South Palm Canyon Drive between Sunny Dunes Road to the north, Mesquite Avenue to the
4
south, Random Road to the east, and South Belardo Road to the west, W-C-1 and W-R-3 Zones,
Sections 22 and 23, was held by the City Council in accordance with applicable law; and
WHEREAS, the City Council carefully reviewed and considered all of the evidence presented in
connection with the project including, but not limited to, the staff report and all written and oral
testimony presented and, on July 17, 2002, voted to approve said amendment; and
WHEREAS, the Community Redevelopment Agency and City Council approved an amendment
to the Disposition and Development Agreement (DDA) between the Agency and SCHLPS, LLC
to reflect changes in the project and several of the deal points; and
WHEREAS, Fairfield Resorts Inc. (the "applicant"), owns a legal or equitable interest in the
property which is the subject of the Development Agreement and, therefore, is a qualified
applicant for the Development Agreement; and
WHEREAS, the Palm Springs Zoning Ordinance Section 94.08.00 provides procedures and
requirements for the consideration of development agreements; and
WHEREAS, the Development Agreement is enforceable by either the City of Palm Springs or
Fairfield Resorts Inc. as provided in Government Code Section 65865.4; and
WHEREAS, all applicable rules, regulations, and policies shall be enforceable that were in effect
on the date this Development Agreement is executed by and between the City of Palm Springs
and Fairfield Resorts, Inc.; and
WHEREAS, the Development Agreement conforms with the General Plan and the proposed Star
Canyon Resort conforms with all policies, goals, and objectives of the City of Palm Springs
General Plan and the development standards within the City of Palm Springs Zoning Ordinance;
and
WHEREAS, the City of Palm Spring may terminate or modify the Development Agreement if it
finds, and determines on the basis of substantial evidence, that the applicant or its successor in
interest has not complied in good faith with the Development Agreement's terms and conditions,
in accordance with Palm Springs Zoning Ordinance Section 94.08.00 and Government Code
Section 65865.1; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to
consider the Development Agreement was given in accordance with applicable law; and
WHEREAS, on December 10, 2003 a public hearing to consider the Development Agreement
was held by the Planning Commission in accordance with applicable law; and
WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider
the Development Agreement was given in accordance with applicable law; and
WHEREAS, on January 21, 2004 a public hearing to consider the Development Agreement was
held by the City Council in accordance with applicable law; and
WHEREAS, a Mitigated Negative Declaration of environmental impact was previously approved
by City Council on May 17, 2000, in conjunction with the approval of the Star Canyon Resort; and
]Soffla"
WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented
in connection with the hearing on the project, including but not limited to the staff report, all
written and oral testimony presented.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm Springs does
hereby find as follows:
Section 1: Pursuant to CEQA, a Mitigated Negative Declaration of environmental impact was
previously approved by City Council on May 17, 2000, in conjunction with the
approval of the Star Canyon Resort. No further environmental review is
necessary for the Development Agreement, which relates only to financial terms
and creates no possibility that it will have a significant effect on the environment.
Section 2: The City Council hereby finds that the Star Canyon Resort complies with the
provisions of Zoning Ordinance Section 94.08.00 as follows:
a. The Development Agreement is consistent with the objectives, policies, general land
uses, and programs specified in the general plan and any applicable specific plan.
The Development Agreement is consistent with the City of Palm Springs General Plan in
that the Development Agreement directly reflects the land uses approved through the
amendment to Planned Development District 260 (PD-260), approved on July 17, 2002
by the City Council, and these land uses are consistent with the General Plan land use
designations of Resort Commercial (RC) and High Density Residential (H 43/21). There
is no applicable specific plan affecting the proposed development.
b. The Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for, the land use district in which the real property is located.
The "timeshare" land use is consistent with other land uses in the vicinity and were
approved in the amendment to PD-260, approved by City Council on July 17, 2002. The
Development Agreement addresses the approved PD-260, which consists of 255
timeshare units and related site improvements. The Development Agreement
memorializes a financial impact mitigation fee meant to off-set the loss of transient
occupancy tax due to conversion of the project to a timeshare development.
C. The Development Agreement is in conformity with public convenience, general welfare
and good land use practice.
d. The Development Agreement is not detrimental to the public health, safety, and welfare.
e. The Development Agreement will not adversely affect the orderly development of
property or the preservation of property values.
BE IT FURTHER RESOLVED, that the City Council of the City of Palm Springs does hereby
ordain as follows:
Section 1: That the Palm Springs Zoning Code is hereby amended by adding Section
94.08.08 to read as follows:
X#13
94.08.08 Star Canyon Development Agreement
A. Star Canyon Development Agreement
1. Purpose. The purpose of this section is to establish a development agreement to
guide the orderly development and improvement of that portion of the City which is located on the
west side of South Palm Canyon Drive between the Tahquitz Creek Channel and Mesquite
Avenue in Sections 22 and 23 of Township 4, Range 4, Palm Springs as legally described on
Exhibit "A" of the development agreement, attached to the ordinance codified in this section and
incorporated herein by reference. Portions of said property are designated as part of the RC and
H43/21 land use designations in the general plan, as applicable. Hereafter, the property shall
also be designated "Development Agreement No. 4" or "DA4" which shall be an overlay
designation incorporating the restrictions of the "Star Canyon Development Agreement". The
preparation and adoption of a development agreement is authorized by California Government
Code Sections 65864 through 65869.5. The Star Canyon Development Agreement facilitates the
collection of a Financial Impact Mitigation Fee, as described in Exhibit "B" of the development
agreement, from the project in order to offset a portion of transient occupancy tax lost due to the
conversion of the project to a time share development. The Star Canyon Development
Agreement provides for ultimate development of a 255-unit timeshare project consistent with the
general plan objectives, policies, and programs of the city which project is to be located on that
certain property described in the development agreement.
2. Adoption of Star Canyon Development Agreement. There is adopted the Star Canyon
Development Agreement, the text of which is set forth in the document entitled "Development
Agreement - the City of Palm Springs and Fairfield Resorts Inc." included with the ordinance
which codified this section, which agreement is incorporated in this section by reference. The
provisions of this section shall apply to all property described on Exhibit "A" attached to the
development agreement and incorporated herein by reference.
3. Property Development and Other Standards. All property which is subject to the Star
Canyon Development Agreement shall be maintained in accordance with all policies,
requirements, regulations, and provisions set forth in the Star Canyon Development Agreement.
The developer's performance of its obligations under the Star Canyon Development Agreement
shall be subject to annual review as provided therein.
Section 2: That the Official Zoning Map of the City of Palm Springs is hereby amended by
reclassifying from PD-260 to being subject to the Star Canyon Development
Agreement all of that real property described in Exhibit"A".
Section 3: EFFECTIVE DATE. This ordinance shall be in full force and effect thirty(30) days
after passage.
Section 4: PUBLICATION. The City Clerk is hereby ordered and directed to certify to the
passage of this Ordinance, and to cause the same or a summary thereof or a
display advertisement, duly prepared according to law, to be published in
accordance with law.
ADOPTED THIS_day of , 2003.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
Reviewed and Approved as to Form: 5