HomeMy Public PortalAboutOrd 1180ORDINANCE NO. 1180
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, APPROVING SPECIFIC PLAN CASE NO SP200002 REGARDING THE
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
Project Site"); and
WHEREAS, the 191 -acre Project Site 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 related improvements; and
WHEREAS, Developer intends to reposition the 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 the Retreat's guests, which shall require
the approval a Statutory Development Agreement, a General Plan Zoning Map
Amendment, a Specific Plan and a Preliminary Development Plan (collectively, the
Project"); and
WHEREAS, one of the necessary entitlements for the Project includes the
adoption of a Specific Plan which, together with the Development Agreement, will
establish the plans, land use regulations, development standards, design guidelines,
infrastructure requirements, and implementation guidelines to guide the repositioning and
further development of the Project and the Project Site (the "Specific Plan"), incorporated
herein by this reference as though set forth at length; and
WHEREAS Section 17.54.010 (Purpose) of Chapter 17.54 (Specific Plans) of the
Rancho Mirage Municipal Code ("Municipal Code"), the purpose of Chapter 17.54 is to
provide a process for preparing, processing, reviewing, adopting, and amending specific
plans in compliance with State law as set forth in Government Code Section 65450 et
seq.; and
WHEREAS, Section 17.54.020 (Intent) of the Municipal Code further provides that
a specific plan adopted by ordinance shall replace the base zoning district for the subject
property, and the development standards and guidelines identified in the specific plan
shall take precedence over the general standards and guidelines contained in in Title 17
Zoning) of the Municipal Code; and
WHEREAS, Section 17.54.030 (Applicability) of the Municipal Code provides that
an app li cation for a specific plan sha ll be considered by the Planning Commission and
the City Council; and
WHEREAS, Section 17.54.030 (Applicability) of the Municipal Code further
provides in part that a specific plan is intended to be des ign ed to provide for flexibility,
innovative use of land resources and development, a variety of housing and other
development types; and
WHEREAS, Section 17.54.040 (Minimum Project Area) of the Municipal Code
provides that the minimum project area for a specific plan shall be forty acres and that the
project area may be one parcel under single ownership or a combination of adjoining
parcels subject to a unified planning concept with written concurrence of one or more
applicable property owners; and
WHEREAS, Sect ion 17.54.080 (Commissions Action) of the Municipal Code
provides that the Planning Commission shal l make a written recommendation to the City
Counc il on the proposed specific plan whether to approve, approve in modified form, or
disapprove based upon the findings identified in Section 17.54 .100 (Findings and
Decision) of the Municipal Code; and
WHEREAS, Section 17.54 .090 (Council's Action) of the Municipal Code provides
that upon receipt of the Planning Commission's recommendation, the City Council may
approve, approve in modified form, or disapprove the proposed specific plan based upon
the findings identified in Section 17 .54.100 (Findings and Decision) of the Municipal Code;
and
WHEREAS, Section 17.54.090 (Council's Action) of the Municipal Code provides
that a specific plan may be approved, only if all of the following findings are made: (1) The
proposed specific plan is consistent with the General Plan; (2) The proposed specific plan
would not be detrimental to the pub lic interest, health, safety, convenience, or welfare of
the City; (3) The subject property ("Project Site") is physically suitable for the requested
zoning district(s) and the anticipated land use development(s); (4) The proposed specific
plan ensures development of desirable character which would be harmonious with
existing and proposed development in the surrounding neighborhood; and (5) The
proposed project has been reviewed in compliance with the provisions of the Ca lifornia
Env ironm enta l Quality Act (CEQA) and there would be no potential significant negative
effects upon environmental quality and natural resources that would not be properly
mitigated and monitored, unless findings are made in compliance with CEQA; and
WHEREAS, Section 17.54.090 (Council's Action) of the Municipal Code provides
that a specific plan shall be approved by ordinance, or by resolution of the City Council,
in compl iance with state law (Government Code Section 65453); and
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WHEREAS, both the Planning Commission and the City Council have found and
determined that the Specific Plan is consistent with the General Plan with General Plan
Zoning Map Amendment Case No. GPZMA20002; will not be detrimental to the public
interest, health, safety, convenience, or welfare of the City; the Subject Site is physically
suitable for the subject zoning district and the anticipated land use developments; the
Specific Plan ensures development of desirable character which would be harmonious
with existing and proposed development in the surrounding neighborhood in that it
ensures development of a low-density, limited scale retreat which serves as a buffer
between the mountainous lands to the south and west, and the denser residential
development to the northeast; and the Proposed Project has been reviewed in
compliance with the provisions of the California Environmental Quality Act (CEQA) and
there would be no potential significant negative effects upon environmental quality and
natural resources that would not be properly mitigated and monitored, unless findings are
made in compliance with CEQA; and
WHEREAS, both the Planning Commission and the City Council have found and
determined that approval of the Specific Plan, in conjunction with the related Development
Agreement and 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-term ability to provide public service to its
residents, businesses and visitors; and
WHEREAS, on March 11, 2021, at a duly noticed public hearing conducted by the
Planning Commission, the Planning Commission, based on its independent judgment and
analysis of the Project, 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 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; 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, on March 11, 2021, at a duly noticed public hearing conducted by the
Planning Commission , the Planning Commission adopted a Resolution recommending
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that the City Council introduce 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. 200002; and adopt a resolution approving Preliminary
Development Plan Case No. PDP20-0006 for the Project; 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. 20001; introduced Ordinance No. 1179, approving General Plan
Zoning Map Amendment Case No . GPZMA20002; introduced this Ordinance No. 1180,
approving Specific Plan No. 200002; and adopted Resolution No. 2021-11, approving
Preliminary Development Plan Case No. PDP20-0006 for the Project (collectively, the
Project Entitlements"); and
WHEREAS, all public meetings related to the proposed Specific Plan and its
review under CEQA and the CEQA Guidelines were properly noticed and conducted in
compliance with the Governor's Executive Order N-29-20 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 SPECIFIC PLAN CASE NO. 200002
That the City Council hereby approves Specific Plan Case No. SP200002for the
Porcupine Creek Retreat Project, incorporated herein by this reference, as though set
forth at length herein.
SECTION 3 . FINDINGS AND DETERMINATIONS
That the City Council hereby finds and determines that approval of the Specific
Plan for the Project, in conjunction with the related Development Agreement and General
Plan Zoning Map Amendment, is consistent with the General Plan; will not be detrimental
to the public interest, health, safety, convenience, or welfare of the City; the Project Site
is physically suitable for the subject zoning district and the anticipated land use
developments; the Specific Plan ensures development of desirable character which would
be harmonious with existing and proposed development in the surrounding neighborhood
in that it ensures development of a low-density, limited scale retreat which serves as a
buffer between the mountainous lands to the south and west, and the denser residential
development to the northeast; and the Specific Plan, in conjunction with the related
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Development Agreement and 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-term ability to provide public
service to its residents, businesses and visitors.
SECTION 4. CONTENT OF SPECIFIC PLAN
That the City Council hereby finds and determines that the content of the Specific Plan
includes the following: (1) detailed information in the form of text and diagram(s),
organized in compliance with state law (Government Code Section 65451 ); (2)
information related to the distribution, location, and extent of land uses proposed within
the Project Site, including open space areas; (3) information related to the proposed
distribution, extent, intensity, and location of major components of public and private
circulation/transportation, drainage, energy, sewers, solid waste disposal, water, and
other essential facilities proposed to be located within the Project Site and needed to
support the Specific Plan's proposed land uses; (4) information related to the standards,
criteria, and guidelines by which the proposed development would proceed, and
standards for the conservation, development, and utilization of natural resources, where
applicable; (5) a program of implementation measures, including financing, regulations,
programs, and public works projects, necessary to carry out the proposed land uses,
infrastructure, and development and conservation standards and criteria; and (6) a
discussion of the relationship of the Specific Plan to the actions, goals, objectives, and
policies of the General Plan.
SECTION 5. CONFLICTS WITH MUNICIPAL CODE
That any conflicts between the terms of the Specific Plan for the Porcupine Creek
Retreat Project and the Rancho Mirage Municipal Code shall be resolved in favor of the
terms of the Specific Plan.
SECTION 6. CEQA COMPLIANCE
That the proposed project has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA) and the CEQA Guidelines and there
would be no potential significant negative effects upon environmental quality and natural
resources that would not be properly mitigated and monitored, in 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 7. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this Ord inance pursuant to Sect ion
1.04.010 (Preparation of Ordinance by City Attorney) of the Municipal Code and finds that
the City Counci l has the authority to adopt this Ordinance, that the Ord inance is
constitutionally valid and that the Ord inance is cons istent with the genera l power and
purposes of the City as set forth in Section 1.04.031 (Review and Approva l of Legal Form
of Ord inances by City Attorney) of the Municipal Code.
SECTION 8. SEVERABILITY
That the City Counci l declares that, shou ld any provision, sect ion, paragraph,
sentence or word of this Ordinance be rendered or declared invalid by any final court
act ion in a court of competent jurisdiction or by reason of any preemptive legis lation, the
remaining provisions, sections, paragraphs, sentences or words of this Ordinance as
hereby adopted sha ll remain in full force and effect.
SECTION 9. EFFECTIVE DATE OF ORDINANCE
That this Ordinance shall take effect thirty (30) days after its second reading by the
City Counc il.
SECTION 10. CERTIFICATION
That the City Clerk sha ll 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 April 15, 2021, by the following vote:
Ayes:
Noes:
Hobart, Kite, Townsend, Weill.
Smotrich.
Abstain: None.
Absent: None.
4.o;z6::E:
t:cfweill, M9¥ r
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
rcc l.Sfeven B. Quintanilla, City Attorney
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EXHIBIT A
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-hole 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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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. 1180 was introduced
by first reading at a regular meeting of the City Council held on April 1, 2021, by the
following vote:
AYES: Hobart, Kite, Townsend, Weill.
NOES: Smotrich.
ABSENT: None.
ABSTAIN: None.
Ordinance No. 1180 was adopted at a regular meeting of the City Council held
on April 15, 2021, by the following vote:
AYES: Hobart, Kite, Townsend, Weill.
NOES: Smotrich.
ABSENT: None.
ABSTAIN: None.
I further certify that I have caused Ordinance No. 1180 to be posted and/or
published, as required by law (GC Sect. 36933).
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0.vvv--~--
Kristie Ramos
City Clerk