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HomeMy WebLinkAboutZOA 12-81 DEVELOPMENT OVERLAY 1981 ORDINANCE NO. 277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, RELATIVE TO ESTABLISHING A PLANNED COMMUNITY DEVELOPMENT OVERLAY ZONE AND REGULATIONS. CASE NO. ZOA 12-81 WHEREAS, the City Council of the City of Palm Desert, California, did on the 3rd day of December, 1981, hold a duly noticed public hearing to consider an amendment to Chapter 25 of the Municipal Code concerning the establishment of a Planned Community Development Overlay Zone; WHEREAS, the Planning Commission, by Resolution No. 756, has recommended approval; WHEREAS, said amendment complies with the requirements of the City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined the project to be a Class 5 Categorical Exemption; WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts to justify their recommendations as described below: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected Specific Plans. ` 3. That the Zoning Ordinance Amendment would better serve the public health, ( safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the Council in these cases; 2. That the City Council does hereby approve a Zoning Ordinance Text Amendment as provided in the attached Exhibit "A" to amend Municipal Code, Chapter 25 by establishing an Office Professional Zone and Regulations therefore. 3. The City Clerk is directed to publish this ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 17 day of December , 1981, by the following vote, to wit: AYES: McPherson, Newbrander, Puluqi , Snyder & Wilson NOES: None ABSENT: None , ABSTAIN: None S. ROY WILSON, Mayor " ATTEST: SHEILA R. GILL AN, City City of Palm Desert, Calif /lr 4 Y ORDINANCE NO. 277 EXHIBIT "A" PLANNED COMMUNITY DEVELOPMENT (PCD) OVERLAY ZONE 25.23.10 Purpose: • 1. Provide the developer with greater flexibility in site design, density, and housing- unit options in order to stimulate variety and innovation within the framework of a quality residential environment. 2. Direct new community growth and development in the process of implementing the General Plan. 3. Achieve more interest, individuality and character within and among neighborhoods. 4. Provide criteria for the inclusion of compatible uses designed to service the residential developments within the community. 5. Encourage the most effective use of a site with a variety of residential environments providing necessary public facilities, ample open space and a functional, well balanced community. 25.23.20 Criteria. The following general criteria are hereby established for use in the classification for reclassification of land to the Planned Community Development. 1. General Plan - Compliance with the General Plan shall be established. 2. Site Area - A minimum of one hundred (100) acres shall be required for a Planned Community Development. 3. Any application for an Overlay Zone shall be accompanied by a Master Plan for the 111 entire area covered by the application. 4. All land in a proposed Overlay Zone shall be held in one ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the Overlay Zone. 5. The existing utilities systems (water, sewer, drainage, electrical, gas and communications facilities) are adequate, or new systems shall be constructed to adequately serve the development. 25.23.30 Application: An application for an Overlay Zone shall be submitted by the owner, his authorized agent, or the purchaser of the land with the consent of the owner. The application shall be accompanied by the following which should be prepared by a qualified professional team. 1. Topographical maps of existing terrain drawn to a minimum five (5) foot contour. i 2. A generalized grading plan which indicates proposed earth movement 'and the results of such movement. 3. A utility map or statement reflecting a utility system which includes, but is not limited to, sewer, water, and gas capable of serving the entire development. 4. A Master Plan which shall show: a) Location and boundaries of the proposed development. b) The general type, character, and heights of all buildings or structures; e.g., single family houses, townhouses, cluster houses or highrise structures. c) Proposed-densities of all areas scheduled for residential development. d) Proposed uses of all land including residential, school sites, public and private recreational facilities, all common open space, and in the PCD Zone, commercial and professional centers, and industrial facilities. 1J ORDINANCE NO. 277 EXHIBIT "A" e) Natural features that are to be retained; i.e., stands of trees, rock outcroppings, canyons, natural slopes, etc. f) The location and width of public and private streets which shall be consistent with the Master Plan of Streets. 5. Proposed site development standards for all residential, commercial and industrial uses. 6. The location and width of public and private streets. 7. Site data, including acreage in total development, total acreage in each density classification, school sites, church sites, commercial sites and industrial sites, total acreage devoted to common open space and minimum lot sizes. 25.23.40 Application Fee. An application for an Overlay Zone shall be accompanied by a filing fee as specified by the City of Palm Desert. 25.23.50 Procedure. Upon receipt of an application for an Overlay Zone, the Planning Commission shall hold a public hearing on such application. If it finds the criteria set forth herein have been met, it may establish the Overlay Zone subject to such conditions as it deems necessary. The Planning Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety or welfare. Planned Community Development applications shall be forwarded along with the Community Master Plan to the City Council. The City Council shall hold a public hearing and either approve, conditionally approve, or deny the Community Master Plan. The decision of the City Council shall be final. 25.23.60 Public Hearing and Appeal Procedure. Public hearing and appeal procedure shall be governed by Section 25.86 of this code. 25.23.70 Termination of Overlay Zone. The Overlay Zone and any Master Plan or other material approved as a part thereof, shall become null and void if the physical development of the district is not commenced within two (2) years from date of adoption of the Resolution establishing the zone. An extension of time, not to exceed one (1) year, may be granted by the Planning Commission or City Council when extenuating circumstances can be clearly shown by the applicant. The request for an extension of time shall be submitted to the Planning Commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the district has not been commenced and such Overlay Zone has not been utilized. 25.23.80 Approval of a Development Plan. After the establishment of an Overlay Zone and prior to the termination date as specified in Section 25.23.70 an 'application for approval of a Development Plan which is in substantial conformance with the approved Master Plan shall be filed with the Planning Commission. A Development Plan may cover all or a portion of the district. No building permit shall be issued for any new building or structure unless a Development Plan covering the area has been approved. A Development Plan shall contain the material herein specified and shall be prepared by a qualified professional team. 1. The Development Plan shall set forth the following: a) The exact boundaries and legal description of the property to be developed. b) All proposed improvements that are to be constructed on the land and their precise locations including, but not limited to, all residential facilities, walls and fences, trash areas, streets, and walk areas. ORDINANCE NO. 277 EXHIBIT "A" c) Common open space showing size, grades, and function upon completion. d) The location and dimension of all off-street parking facilities, public and private. e) The location and size of any public or quasi-public facilities such as schools, churches, and parks. f) A tabulation of the .percentage of total building coverage of the development. g) A tabulation of densities within each project area or sector. 2. Building elevations of typical architectural styles to be constructed. 3. A schematic landscaping plan indicating the type and size of plant material to be used and method of providing permanent maintenance to all planted areas and open spaces. 4. Floor plans of typical dwelling units, the unit size in square feet, and the amount of private open space in square feet. 5. If applicable, a subdivision map showing land divisions. The tentative and final subdivision map shall comply with the City Subdivision Ordinance and the State Subdivision Map Act. 6. A proposed construction schedule from ground breaking to occupancy. all common open space, as well as public and recreational facilities, shall be specifically included in the construction schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures. 25.23.80 Common Open Space. All common open space shall be preserved for that purpose as shown in the Development Plan. The developer shall choose one or a combination of the following three (3) methods of administering common open space. 1. Dedication of common open space to the City, which is subject to formal acceptance. 2. Establishment of an association or non-profit corporation of all property owners or corporations within the project area to insure perpetual maintenance of all common open space. 3. Retention of ownership, control and maintenance of all common open space by the developer. All privately owned common open space shall continue as such and shall only be used in accordance with the Development Plan. Appropriate land use restrictions shall be contained in all deeds to insure that the common open space is permanently preserved according to the Development Plan. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space. 25.23.90 Design Criteria. The following design criteria are hereby established: 1. The overall plan shall achieve an integrated land and building relationship. 2. Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site. 3. The layout of structures and other facilities shall affect a conservation in street and utility improvements. 4. Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. ORDINANCE NO. 277 EXHIBIT "A" 5. Architectural unit and harmony within the development and with the surrounding properties shall be attained. 25.23.100 Procedure for Development Plan Application. The owner, his authorized agent, or the purchaser with the consent of the owner may submit an application for Development Plan approval to the Planning Commission. The Planning Commission shall hold a public hearing on such application. It may approve the Development Plan if it finds the criteria set forth herein have been satisfied subject to such conditions as it deems necessary. the Planning Commission may deny the application if it finds the criteria area not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Planning Commission shall be final unless appealed to the City Council. 25.23.110 Public Hearing and Appeal. Public Hearing and appeal procedure shall be governed by Section 25.86 of this code. 25.23.120 Application Fee. An application for a Development Plan shall be accompanied by a filing fee as specified by the City of Palm Desert. 25.23.130 Development Standards for Planned Community Development Zone. All development within the Planned Community Development shall meet the following minimum requirements: 1. Density - All densities shall conform to the approved Community Master Plan. 2. Building Coverage - The maximum building coverage shall not exceed 50% of the area covered by the Development Plan exclusive of all dedicated public rights-of- way. In determining the coverage (ground area of each dwelling) covered parking and garages shall be included. 3. Off-street Parking - Off-street parking shall conform to the current City Standards as specified in Section 25.58 of this Chapter. 4. Private Open Space - A minimum of 200 square feet of private open space per dwelling unit shall be provided on each individual lot. This requirement does not apply to structures three or more stories in height. 5. Utilities - All utilities shall be underground in accordance with the Palm Desert Municipal Code and approved by the Directors of Public Works and Environmental Services. 6. Signs - Sign provisions contained in the most restrictive zone classification for each use allowed shall apply. 7. All other standards as specified by the approved Community Master Plan and text and Development Plan and text shall be strictly adhered to. n CITY OF PALM DESERT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council if. REQUEST: Consideration of an amendment to the Zoning Ordinance establishing a planned community development overlay zone and regulations. III. APPLICANT: CITY OF PALM DESERT IV. CASE NO: ZOA 12-81 V. DATE: December 3, 1981 VI. CONTENTS: A. Staff Recommendation. B. Discussion. C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 12-81. E. Planning Commission Resolution No. 756. F. Planning Commission Staff Report dated November 3, 1981. G. Related maps and/or exhibits. --------------------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass to second reading. B. DISCUSSION: This amendment was reviewed and unanimously recommended for approval by Planning Commission at its meeting of November 3, 1981. During the hearing no one from the audience spoke in favor or in opposition to the proposed amendment. The proposed ordinance would establish the Planned Community Overlay Zone, thus implementing a zoning tool identified during the General Plan Update. The overlay zone would provide greater flexibility in site design and encourage the most effective use of a site. CITY OF PALM DESERT LEGAL NOTICE AN AMENDMENT TO THE PALM DESERT ZONING ORDINANCE ESTABLISHING PLANNED COMMUNITY DEVELOPMENT AND PLANNED RESIDENTIAL DEVELOPMENT OVERLAY ZONES, A CLASS 5 CATEGORICAL EXEMPTION FOR PURPOSES OF CEQA. CASE NO. ZOA 12-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider an amendment to the Palm Desert Zoning Ordinance establishing Planned Community Development and Planned Residential Development Overlay Zones. SAID Public Hearing will be held on December 3, 1981, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert California PUBLISH: Palm Desert Post November 19, 1981 MINUTES NOVEMBER 3, 1981 built on an R-1 zone. Commissioner Miller concurred with his concern stating that they would be setting a precedent. Commissioner Crites asked staff if the Church and KMIR station across from this proposed development were zoned R-1 prior to developing. Mr. Diaz replied that they were zoned Planned Residential. Moved by Commissioner Wood, seconded by Commissioner Richards, to adopt findings as recommended by staff. Carried 4-1 (NAY: KRYDER). Moved by Commissioner Wood, seconded by Commissioner Richards, to adopt Planning Commission Resolution No. 755, approving Conditional Use Permit 09-81, as amended, subject to conditions. Carried 4-1 (NAY: KRYDER). THERE AS A 10 MINUTE RECESS - MEETING RECONVENED AT 9:15 P.M. C. Case No. ZOA 12-81 - CITY OF PALM DESERT, Applicant Consideration of an Amendment to the Palm Desert Zoning Ordinance establishing a Planned Community Development and Planned Residential Development Overlay Zones. Mr. Diaz reviewed the proposed amendment and recommended approval. Chairman Kryder opened the public testimony and asked if anyone present wished to speak in Favor or Opposition to this case. There being none, the public testimony was closed. Moved by Commissioner Richards, seconded by Commissioner Crites, to adopt Planning Commission Resolution No. 756, recommending approval to the City Council. Carried unanimously. D. Case No. ZOA 13-81 - CITY OF PALM DESERT, Applicant Consideration of an Amendment to Section 25.58.035 of the Municipal Code to alloy buildings fronting . upon President's Plaza East and West to expand one story to the sidewalk. Mr. Drell reviewed the proposed amendment and recommended approval. Chairman Kryder opened the public testimony and asked if anyone wished to speak in Favor or Opposition to this case. There being none, the public testimony was closed. Moved by Commissioner Woods, seconded by Commissioner Crites, to adopt . Planning Commission Resolution No. 757, recommending approval to the City Council. Carried unanimously. E. Case No. ZOA 14-81 - CITY OF PALM DESERT,'Applicant Consideration of an Amendment to Palm Desert Municipal Code, Chapter 3.28 (Transient Occupancy Tax) and adding Chapter 25.100 (Time-Sharing). Mr. Smith reviewed the staff report noting that this matter (time-share) had been subject to a moratorium and would expire November 5, 1981. He stated that according to the City Attorney this type of use cannot be prohibited. Mr. Smith pointed out that time- sharing would only be permitted in zones in which hotels are permitted. Staff recommended approval. Commissioner Richards stated that because there were no options, he was in favor. Commissioner Wood stated that he was a member of the City Time-Share Committee and that Committee has reviewed the matter and recommended approval. -4- PLANNING COMMISSION RESOLUTION NO. 756 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENT TO THE MUNICIPAL CODE ESTABLISHING A PLANNED COMMUNITY DEVELOPMENT OVERLAY ZONE AND REGULATIONS, A CLASS 5 CATEGORICAL -- EXEMPTION FOR PURPOSES OF CEQA. CASE NO. ZOA 12-81 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of November, 1981, hold a duly noticed public hearing to consider amendments to Chapter 25 of the Municipal Code initiated by the Palm Desert Planning Commission concerning the establishment of a Planned Community Development Overlay Zone; WHEREAS, said amendment complies with the requirements of the City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, in that the Director of Environmental Services has determined the project to be a Class 5 Categorical Exemption; WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify their recommendations as described below: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected Specific Plans. 3. That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare than the current regulations. ( NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in these cases; 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance Text Amendment as provided in the attached Exhibit "A" to amend Municipal Code, Chapter 25 by establishing an Office Professional Zone and Regulations therefore. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of November, 1981, by the following vote, to wit: AYES: CRITES, KRYDER, MILLER, RICHARDS, WOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE GEORGE D. KRYDER, Chairman ATTEST: RAMON A. DIAZ, Secretary /lr CITY OF PALM DESERT TO: PLANNING COMMISSION FROM: DIRECTOR OF ENVIRONMENTAL SERVICES SUBJECT: PLANNED COMMUNITY DEVELOPMENT ZONE DATE: November 3, 1981 (ZOA 12-81) On August 25, 1981, the Commission received the attached copy of the proposed Planned Community Development Ordinance. The proposed Ordinance would establish the Planned Community Overlay Zone, thus implementing a zoning tool identified during the General Plan Update program. The proposed Overlay as indicated in the purpose section would provide greater flexibility in site design and encourage the most effective use of a site. RECOMMENDATION: Staff would recommend that the Planning Commission adopt a Resolution reco ding to the City Council Zoning Ordinance Amendment 12-81. M N A. DIAZ I' ; Pr{OOF OF PUP L1CAI 10N (2010 , 2015.5 CCP) PROOF OF PUBLICATION OF LEGAL NOTICE ZOAl2-81 I am a citizen of the Unitea Stales and a resident 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 air the principal clerk of the printer of THE DFS.ERT POST , a newspaper of general circula' CITY,OF, ALM DESER7 t ons printed and published weekly LEGAL-NOTICE v - / AN A LENDMENTICE TXE in the city of Riversides County" PALMIDESERT/ZONING OROI NANCE/ESTABLISH- of Riversi!Je, and which newspaper IN GIAPLANNED+COMMU. NIT-YDEVELOPMENT has been adjudged a newspaper of ND:PC E EDIRESIDEN- - OVER�LAYVZONES�EN1A general circulation by the cLASS,slC TEGOIIICAL Superior Court of the County of POSMPTIONSAOR PUR- Riverside, State of. California , caSENoaZ�Al2- under date of October 5s 1964# oT.ICE�Is;HER ein EN�thafka.PWYS lla ring III bejheltlbeforeyiF�Pal ml�.v ase number 33658; that the scrtlPlanmrwicommissloFNo cornlyeran amentlmmt notices Of which the annexed is e m eserr onlnp or a printed copy# has been published Ignae estaelisnl WPia xed in each regular and entire issue CommuniRIeX z l Dee antl Planned itV lal DB laP- mentlOverlppyyrrZones of said newspaper and not in any $AID Pub112LXeglno I be he10Zonl In WerFi,►luck supplement thereof on the followin.l 7:oo P.m in co xlau�cham hers 1hefPalm�OesertiClN dates# to- wit : Han, 5: 75 P.r ckIV Pear Lane 11 Oeserl7RCallfor ni0,11 Lwhich ImelMd$Place 10122 11981 RIAM te4.1tA% I vltetl•to-oHen �antl•be�ie6 tl RAMONlA!►D I A��SearetarV ' Palm Pan Ifrq ISslon DP. O I Certify (or declare ) under penalty of perjury that the foregoing is true and correct. Dated October 22s 1981 at Riversides California CITY OF PALM US`RT 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92250 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE AN AMENDMENT TO THE PALM DESERT ZONING ORDINANCE ESTABLISHING A PLANNED COMMUNITY DEVELOPMENT AND PLANNED RESIDENTIAL DEVELOPMENT OVERLAY ZONES, A CLASS 5 CATEGORICAL EXEMPTION FOR PURPOSES OF CEQA. CASE NO. ZOA 12-81 NOTICE IS HEREBY GIVEN that. a Public Hearing will be held before the Palm Desert Planning Commission to consider an amendment to the Palm Desert Zoning Ordinance establishing a Planned Community Development and Planned Residential Development Overlay Zones. SAID Public Hearing will be held on November 3, 1981 , at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post October 22, 1981 INTEROFFICE MEMORANDUM City of Palm Desert TO: PLANNING COMMISSION 'FROM: DIRECTOR OF ENVIRONMENTAL SERVICES SUBJECT: PLANNED COMMUNITY DEVELOPMENT ZONE DATE: August 25, 1981 As part of the General Plan process and during some of the annexation prezone hearings a new zone "Planned Community Development" was recom- mended. Attached is a proposed Planned Community Development Zoning Text. Staff would recommend that the Commission set this matter for hearing for its October 27, 1981. RAMON A. DIAZ /lr PALM DESERT MUNICIPAL CODE PLANNED COMMUNITY (PCD) AND RESIDENTIAL (PRO) DEVELOPMENT OVERLAY ZONES PURPOSE a) Planned Community Development 1 . Provide the developer with greater flexibility in site design, density, and housing unit options in order to stimulate variety and innovation within the framework of a quality residential environment. 2. Direct new community growth and development in the process of implementing the General Plan. 3. Achieve more interest, individuality and character within and among neighborhoods. 4. Provide criteria for the inclusion of compatible uses designed to service the residential developments within the community. 5. Encourage the most effective use of a site with a variety of residential environments providing necessary public facilities, ample open space and a functional , well balanced community. CRITERIA The following general criteria are hereby established for use in the classification or reclassification of land to the Planned Community Development. a) General Plan - Compliance with the General Plan shall be established. b) Site Area - A minimum of one hundred (100) acres shall be required for a Planned Community Development. c) Any application for an Overlay Zone shall be accompanied by a Master Plan for the entire area covered by the application. d) All land in a proposed Overlay Zone shall be held in one ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the Overlay Zone. e) The existing utilities systems (water, sewer, drainage, electrical , gas, and communications facilities) are adequate or new systems shall be constructed to adequately serve the development. PALM DESERT MUNICIPAL CODE APPLICATION a) An application for an Overlay Zone shall be submitted by the owner, his authorized agent, or the purchaser of the land with the consent of the owner. b) The application shall be accompanied by the following which should be prepared by a qualified professional team. 1 . Topographical maps of existing terrain drawn to a minimum five (5) foot contour. 2. A generalized grading plan which indicates proposed earth movement and the results of such movement. 3. A utility map or statement reflecting a utility system which includes, but is not limited to, sewer, water, and gas capable of serving the entire development. 4. A Master Plan which shall show: a) Location and boundaries of the proposed development. b) The general type, character, and heights of all build- ings or structures ; e.g. , single family houses, town- houses, cluster houses or highrise structures. c) Proposed densities of all areas scheduled for resi- dential development. d) Proposed uses of all land including residential , school sites, public and private recreational facilities, all common open space, and in the PCD Zone commercial and professional centers and industrial facilities. e) Natural features that are to be retained; i .e. , stands of trees, rock outcroppings , canyons, natural slopes, etc. f) The location and width of public and private streets which shall be consistent with the Master Plan of Streets. 5. Proposed site development standards for all residential , commercial and industrial uses. 6. The location and width of public and private streets. 7. Site data, including acreage in total development, total acreage in each density classification, school sites, church sites, commercial sites and industrial sites, total acreage devoted to common open space and minimum lot sizes. PALM DESERT MUNICIPAL CODE APPLICATION FEE An application for an Overlay Zone shall be accompanied by a filing fee as specified in Section PROCEDURE a) Upon receipt of an application for an Overlay Zone, the Planning Commission shall hold a public hearing on such application. If it finds the criteria set forth herein have been met, it may establish the Overlay Zone subject to such conditions as it deems necessary. The Planning Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety or welfare. b) The decisions and findings of the Planning Commission Planned Community Development applications shall be forwarded along with the Community Master Plan to the City Council —The City Council shall hold a public hearing and either approve, conditionally approve, or deny the Community Master Plan. The decision of the City Council shall be final . PUBLIC HEARING AND APPEAL PROCEDURE Public hearing and appeal procedure shall be governed by Sections through of this code. TERMINATION OF OVERLAY ZONE a) The Overlay Zone, and any Master Plan or other material approved as a part thereof, shall become null and void if the physical development of the District is not commenced within two (2) years from date of adoption of the Resolution establishing the Zone. b) An extension of time, not to exceed one (1 ) year, may be granted by the Planning Commission or City Council when extenuating circumstances can be clearly shown by the applicant. The request for an extension of time shall be submitted to the Planning Commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the District has not been commenced and such Overlay Zone has not been utilized. APPROVAL OF A DEVELOPMENT PLAN a) After the establishment of an Overlay Zone and prior to the termination date as specified in Section an application for approval of a Development Plan which is in substantial conformance with the approved Master Plan shall be filed with the Planning Commission. A Development Plan may cover all or a portion of the District. No building permit shall be issued for any new building or structure unless a Development Plan covering the area has been approved. PALM DESERT MUNICIPAL CODE b) A Development Plan shall contain the material herein specified and shall be prepared by a qualified professional team. 1 . The Development Plan shall set forth the following: a) The exact boundaries and legal description of the property to be developed. b) All proposed improvements that are to be constructed on the land and their precise locations including, but not limited to, all residential facilities, walls and fences, trash areas, streets, and walk areas. c) Common open space showing size, grades, and function upon completion. d) The location and dimension of all off-street parking facilities, public and private. e) The location and size of any public or quasi-public facilities such as schools, churches, and parks. f) A tabulation of the percentage of total building coverage of the development. g) A tabulation of densities within each project area or sector. 2. Building elevations of typical architectural styles to be constructed. 3. A schematic landscaping plan indicating the type and size of plant material to be used and method of providing permanent maintenance to all planted areas and open spaces- 4. Floor plans of typical dwelling units, the unit size in square feet, and the amount of private open space in square feet. 5. If applicable, a subdivision map showing land divisions. The tentative and final subdivision map shall comply with the City Subdivision Ordinance and the State Subdivision Map Act. 6. A proposed construction schedule from ground breaking to occupancy. All common open space, as well as public and recreational facilities, shall be specifically included in the construction schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures. I PALM DESERT MUNICIPAL CODE COMMON OPEN SPACE All common open space shall be preserved for that purpose as shown in the Development Plan. The developer shall choose one or a combination of the following three (3) methods of administering common open space. a) Dedication of common open space to the City, which is subject to formal acceptance. b) Establishment of an association or non-profit corporation of all property owners or corporations within the project area to insure perpetual maintenance of all common open space. c) Retention of ownership, control and maintenance of all common open space by the developer. All privately owned common open space shall continue as such and shall only be used in accordance with the Development Plan. Appropriate land use restrictions shall be contained in all deeds to insure that the common open space is permanently preserved according to the Development Plan. Appropriate land use restrictions shall be contained in all deeds to insure that the common open space is permanently preserved according to the Development Plan. Said deed restric- tions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space. DESIGN CRITERIA The following design criteria are hereby established: a) The overall plan shall achieve an integrated land and building relationship. b) Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site. c) The layout of structures and other facilities shall effect a conservation in street and utility improvements. d) Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. e) Architectural unit and harmony within the development and with the surrounding properties shall be attained. PALM DESERT MUNICIPAL CODE PROCEDURE FOR DEVELOPMENT PLAN APPLICATION The owner, his authorized agent, or the purchaser with the consent of the owner may submit an application for Development Plan approval to the Planning Commission. The Planning Commission shall hold a public hearing on such application. It may approve the Development Plan if it finds the criteria set forth herein have been satisfied subject to such conditions as it deems necessary. The Planning Commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Planning Commission shall be final unless appealed to the City Council . PUBLIC HEARING AND APPEAL Public hearing and appeal procedure shall be governed by Section through of this Code. APPLICATION FEE An application for.a Development Plan shall be accompanied by a filing fee as specified in Section DEVELOPMENT STANDARDS FOR PLANNED COMMUNITY DEVELOPMENT ZONE All development within the Planned Community Development shall meet the following minimum requirements: a) Density All densities shall conform to the approved Community Master Plan. b) Building Coverage The maximum building coverage shall not exceed 50% of the area covered by the Development Plan exclusive of all dedicated public rights-of-way. In determining the coverage (ground area of each dwelling) covered parking and garages shall be included. c) Off-Street Parking Off-street parking shall conform to the current City Standards as specified in Sections and of this Chapter. d) Private Open Space A minimum of 200 square feet of private open space per dwelling unit shall be provided on each individual lot. This requirement does not apply to structures three or more stories in height. PALM DESERT MUNICIPAL CODE e) Utilities All utilities shall be underground in accordance with the Palm Desert Municipal Code and approved by the Directors of Public Works and Environmental Services. f) Signs Sign provisions contained in the most restrictive zone classi- fication for each use allowed shall apply. g) All other Standards as specified by the approved Community Master Plan and text and Development Plan and text shall be strictly adhered to.