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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 2 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 3 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. 4 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] 5 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: x~~ FOr Steven B. Quintanilla, City Attorney l\~ \N({J.\J·e~ -~owok, Oep~ C.\'"'\ ~rN'-f 6 L 03H8V'11V' 33S] 311S l:>3rO~d/Al~3dO~d .::10 NOildi~:>S30 uV, li81HX3 r. I 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) 8 6 03H8'v'll'v' 33S] l;000l; "ON 3SV:> 1N3WON3WV dVL'\1 ~NINOZ NV1d 1~3N3~ u8, 1181HX3 I 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\ 10 r I 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 , : , ,, ! '\ 11 I 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). 12 Kristie Ramos City Clerk