HomeMy Public PortalAboutOrd 1179ORDINANCE NO. 1179
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, APPROVING GENERAL PLAN ZONING MAP AMENDMENT CASE NO.
GPZMA20002 REGARDING PORCUPINE CREEK RETREAT
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation
of the State of California; and
WHEREAS, Porcupine Properties, LLC, a California limited liability company
Developer"), is the owner of that certain real property in the City of Rancho Mirage,
County of Riverside, State of California, consisting of approximately 191 acres out of the
231 -acre private estate commonly known as Porcupine Creek, which is more particularly
described on Exhibit "A" attached hereto and incorporated herein by this reference
Property" or "Project Site"); and
WHEREAS, the 191-acre Property is currently improved as a private residential
estate with a main house, guest casitas and villas, a golf course, clubhouse, tennis courts
and pavilion, pool, spa, fitness center and other and related improvements; and
WHEREAS, Developer intends to reposition the world -class private estate into a
six-star retreat with up to 50 studio, single bedroom, and multi-bedroom "keys," along with
upgraded amenities that include a new restaurant and dining deck, an upgraded spa
complex, a modified 18-hole golf course, and additional guest-serving amenities and
facilities to create an all-inclusive experience for retreat guests (collectively, the "Project"
or "Retreat"); and
WHEREAS, one of the necessary entitlements for the Project includes a General
Plan Zoning Map Amendment to change the existing zoning and General Plan Land Use
Designation of the Project Site from a combination of R-L-2 (Very Low Density-2 dwelling
units per acre maximum), OS-PV (Private Open Space), and OS -W (Fioodways and
Drainage Channels}, to SP (Specific Plan) with an underlying zoning designation of Rs-
H (Resort Hotel); and
WHEREAS, Chapter 17.72 (General Plan, Specific Plan and Zoning Map
Amendments and Eligible Applicant Text Amendments) of the Rancho Mirage Municipal
Code provides procedures for initiating and processing proposed amendments to the
City's General Plan Map and Zoning Map and any Specific Plan Map; and
WHEREAS, Section 17.72.020 (Initiation) provides that an eligible applicant may
apply for a general plan map, zoning map and specific plan map amendment pursuant to
Chapter 17.72; and
WHEREAS, Section 17.72.040 (Proposed Ordinance) provides that if a proposed
I map amendment requires the preparation of an ordinance, such ordinance shall be
l , prepared in conformance with Chapter 1.04 (General Provisions) of the Rancho Mirage
Municipal Code; and
WHEREAS, Section 17.72.040 (Proposed Ordinance) provides that the City
Attorney shall prepare an independent written staff report to the Planning Commission
and City Council for each of their respective meetings, at which the proposed amendment
will be considered, that addresses whether the City has the authority to adopt the
proposed amendment, whether the proposed amendment is constitutionally valid under
the state and federal constitutions, and whether the proposed amendment is consistent
with the general powers and purposes of the City, the City's Charter, ordinances approved
by the voters, and any applicable federal and/or state laws ; and
WHEREAS, Section 17.72.050 (Public Hearing Requirements) provides that all
proposed map amendments with or without concurrently submitted entitlement
applications shall be subject to the public hearing requirements set forth in Chapter 17.74
Public Hearings); and
WHEREAS, Section 17.72.060 (Environmental Review) provides that all proposed
map amendments shall be subject to environmental review in accordance with all
applicable local, state and federal rules and regulations; and
WHEREAS, Section 17.72.070 (Planning Commission Review) provides that all
proposed map amendments shall be submitted to the Planning Commission for its review
and consideration after which it shall prepare a written recommendation to the City
Council; and
WHEREAS, Section 17 .72 .080 (City Council Review) provides that upon receipt
of the Planning Commission's recommendation, the City Council may: (1) Reject the
proposed map amendment with or without prejudice; (2) Approve the proposed map
amendment with modifications; (3) Approve the proposed map amendment as
recommended; (4) Remand the matter back to the Planning Commission with
instructions; (5) Refer the proposed map amendment to an advisory body or City Council
subcommittee for further review and input as deemed necessary and appropriate by the
City Council; or (6) Take whatever other legal action deemed appropriate by the City
Council; and
WHEREAS, Section 17.72.080 (City Council Review) further provides that if the
City Council approves the proposed map amendment with any substantive modification
that was not previously considered by the Planning Commission during its consideration
of the proposed map amendment, the proposed modification shall be referred by the City
Council to the Planning Commission for its review and recommendation, but the Planning
Commission shall not be required to conduct a public hearing to consider any such
proposed modification unless otherwise provided by any applicable state or federal law.
WHEREAS, the Planning Commission and the City Council has found and
determined that approval of the subject General Plan Zoning Map Amendment is in the
public interest and will generate significant public benefits in that it will allow for the
beneficial use of the Project Site in a manner that (1) will allow for the repurposing of the
private estate into an exclusive, world-class retreat, and (2) will generate substantial
Transit Occupancy Tax ("TOT") revenue to enhance the City's long -ter m ability to provide
public service to its residents, businesses and visitors; and
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WHEREAS, the Planning Commission and the City Council further finds approval
of the subject General Plan Zoning Map Amendment will be consistent with the goals,
objectives and policies of the City's General Plan; would not be detrimental to the public
interest, health, safety , convenience or welfare of the City; is a physically suitable land
use designation for the Project Site, and ensures development of a low-density, limited
scale retreat which would be harmonious with existing development in the surrounding
neighborhood and serve as a buffer between the mountainous lands to the south and
west, and the denser residential development to the northeast; and
WHEREAS, on March 11, 2021, at a duly noticed public hearing conducted by the
Planning Commission, the Planning Commission approved a Resolution recommending
that the City Council certify the Project's Environmental Impact Report ("EIR") and adopt
a Mitigation Monitoring and Reporting Program ("MMRP") for the Project, consistent with
the provisions of the California Environmental Quality Act ("CEQA") and the CEQA
Guidelines; and
WHEREAS, on April 1, 2021, at a duly noticed public hearing conducted by the
City Council, the City Council approved Resolution 2021 -10, certifying an Environmental
Impact Report ("EIR") and adopting a Mitigation Monitoring and Reporting Program
MMRP") for the Project, reflecting the City Council's independent judgment and analysis
of the Project and its potential impacts on the environment, consistent with the provisions
of the California Environmental Quality Act ("CEQA") and the CEQA Guidelines; and
WHEREAS, on April 6, 2021, a Notice of Determination ("NOD") regarding the
City's certification of the EIR was filed with the Office of Planning and Research and the
Office of the County Clerk of the County of Riverside and posted for at least 30 days in
the Office of the County Clerk; and
WHEREAS, a Notice of Completion & Environmental Document Transmittal was
filed with the State Clearing House in October 2020 for the DEIR; and
WHER EAS, on March 11, 2021, at a duly noticed public hearing conducted by the
Planning Commission, the Planning Commission approved a Resolution recommending
that the City Council introduced and adopt an ordinance approving Development
Agreement Case No. DA200001; introduce and adopt an ordinance approving General
Plan Zoning Map Amendment Case No. GPZMA20002; introduce and adopt an ordinance
approving Specific Plan No.SP200002; and adopt a resolution approving Preliminary
Development Plan Case No. PDP20 -0006 for the Project (collectively, the "Project
Entitlements"); and
WHEREAS, on April 1, 2021, at a duly noticed public hearing conducted by the
City Council, the City Council introduced Ordinance No. 1178, approving Development
Agreement Case No. DA200001; introduced this Ordinance No. 1179, approving General
Plan Zoning Map Amendment Case No. GPZMA20002; introduced Ordinance No. 1180,
approving Specific Plan No. SP200002; and adopted Resolution No. 2021 -11, approving
Preliminary Development Plan Case No. PDP20-0006 for the Project (collectively, the
Project Entitlements"); and
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WHEREAS, all public meetings related to the proposed General Plan Zoning Map
Amendment and its review under CEQA and the CEQA Guidelines were properly noticed
and conducted in compliance with the Governor's Executive Order N-29 -2 0 which was
adopted due to the COVID-19 Pandemic State of Emergency.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully
set forth herein.
SECTION 2. APPROVAL OF GENERAL PLAN ZONING MAP
AMENDMENT CASE NO. GPZMA20002
That the City Council hereby approves General Plan Zoning Map Amendment
Case No. GPZMA20002, changing the existing zoning and General Plan Land Use
Designation of the Project Site from a combination of R-L-2 (Very Low Density-2 dwelling
units per acre maximum), OS-PV (Private Open Space), and OS-W (Fioodways and
Drainage Channels) to SP (Specific Plan) with an underlying zoning designation of Rs-H
Resort Hotel) as depicted in the General Plan Zoning Map Amendment Case No.
GPZMA20002, attached hereto as Exhibit "B."
SECTION 3. FINDINGS AND DETERMINATIONS
That the City Council hereby finds and determines that approval of General Plan
Zoning Map Amendment Case No. GPZMA20002 is in the public interest and will
generate significant public benefits in that it will allow for the beneficial use of the Project
Site in a manner that (1) will allow for the repurposing of the private estate into an
exclusive, world-class retreat, and (2) will generate substantial Transit Occupancy Tax
TOT") revenue to enhance the City's long -term ability to provide public service to its
residents, businesses and visitors, consistent with the goals, objectives and policies of
the City's General Plan; and would not be detrimental to the public interest, health, safety,
convenience or welfare of the City; is a physically suitable land use designation for the
Project Site, and ensures development of a low-density, limited scale retreat which would
be harmonious with existing development in the surrounding neighborhood and serve as
a buffer between the mountainous lands to the south and west, and the denser residential
development to the northeast.
SECTION 4. CEQA COMPLIANCE
That at a duly noticed public hearing conducted by the City Council, the City
Council approved Resolution No. 2021-10, certifying an Environmental Impact Report
EIR") and adopting a Mitigation Monitoring and Reporting Program ("MMRP") for the
Project, reflecting the City Council's independent judgment and analysis of the Project
and its potential impacts on the environment, consistent with the provisions of the
California Environmental Quality Act ("CEQA") and the CEQA Guidelines.
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SECTION 5. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this Ordinance pursuant to Section
1.04.010 of the Municipal Code and finds that the City Council has the authority to adopt
this Ordinance, that the Ordinance is constitutionally valid and that the Ordinance is
consistent with the general power and purposes of the City as set forth in Section 1.04.031
of the Municipal Code.
SECTION 6. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph,
sentence or word of this Ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences or words of this Ordinance as
hereby adopted shall remain in full force and effect.
SECTION 7. EFFECTIVE DATE OF ORDINANCE
That this Ordinance shall take effect thirty (30) days after its second reading by the
City Council.
SECTION 8. CERTIFICATION
That the City Clerk shall certify to the passage of this Ordinance and shall cause
the same to be published according to law.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on April15, 2021, by the following vote:
Ayes:
Noes:
Hobart, Kite, Townsend, Weill.
Smotrich.
Abstain: None.
Absent: None.
CITY OF RANCHO MIRAGE:
eill, Mayor
ATTEST:
R~
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
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FOr Steven B. Quintanilla, City Attorney
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Project Description: To create a specific plan to occupy approximately 191-acre of the
230 -acre Porcupine Creek Estate. The Specific Plan will allow for the development of the
existing Porcupine Creek property as an exclusive retreat. The project proposes to
reposition Porcupine Creek as an exclusive retreat with a total of up to 50 studio, single-
bedroom, and multi -bedroom units ("keys"). Proposed upgrades would include up to 27
new keys, and incorporate a modified main house, a new restaurant, dining deck,
upgraded spa complex, additional retreat related facilities, and a rerouted 18 -ho le golf
course.
Location: APNs: 684-270-033 [Legal Description: 28.85 ACRES M/L IN POR E 1/2 OF
SEC 14 T5S R5E], 684-270-036[ Legal Description: 3.71 ACRES M/L IN POR NW 1/4
OF SEC 13 T5S R5E], 684-270-043 [Legal Description:72.99 ACRES M/L IN POR LOT
A MB 047/048 TR 2530 AND POR W 1/2 OF SEC 13 T5S R5E], 684-270-044[Legal
Description: 125.18 ACRES M/L IN POR W 1/2 OF SEC 13 T5S R5E] (Existing Porcupine
Creek Property 42765 Dunes View Rd, Rancho Mirage)
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The purpose of the General Plan Zoning Map Amendment ("GPZMA") is to amend the
existing General Plan zoning designations on the project site from Very Low Density
Residential (R-L-2), Private Open Space (OS/PV), Floodways and Drainage Channels
OS -W) to Resort Hotel (Rs-H).
The Resort Hotel zone allows for the development of hotels and destination resorts with
limited, ancillary commercial uses, such as spas, recreational facilities, restaurants,
lounges, and small retail shops that directly support the primary use.
Although the Specific Plan will guide development on the site, changing the underlying
zoning designation to R-H will provide more consistency between the Specific Plan and
the General Plan.
Existing General Plan/Zoning Map:
Legend:
O MR
Mounrain Reser~ ----Porcupine Creek Boundary
O R·l·2
Vel}' Low Density Resident ial
O OS ·PV
Private Open Spoce
O OS·W
Flood Ways and ,Drainage Chan nels
OS· P V
P0RCUPINE CREEK
R 7 L-=2
R .-o l -'2
f:as1 Mnnnesia Storrn ~honne\
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Proposed General Plan/Zoning Map Amendment:
Legend:
spec ific Plan Boundary
Res ort Hotel-Rs-H
r· HtfdF·i '·f' Flood Control Channel
Not~· Spi>Cific Plan Soundort (>xclvd~t the-
CVMSHCP ConstoNotion Ale<J and
M•oru~ V moun tainous londs.
Porcupine Creek
Retreat Specific
Plan with
Underlying Zoning:
Resort Hotel -Rs -H
r , : , ,, ! '\
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ORDINANCE CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE )
CITY OF RANCHO MIRAGE)
I, Kristie Ramos, City Clerk of the City of Rancho Mirage, California, do hereby
certify under penalty of perjury, that the foregoing Ordinance No. 1179 was introduced
by first reading at a regular meeting of the City Council held on April 1, 2021, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Hobart, Kite, Townsend, Weill.
Smotrich.
None .
None .
Ordinance No. 1179 was adopted at a regular meeting of the City Council held
on April 15, 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Hobart, Kite, Townsend, Weill.
Smotrich.
None.
None .
I further certify that I have caused Ordinance No . 1179 to be posted and/or
published, as required by law (GC Sect. 36933).
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Kristie Ramos
City Clerk