HomeMy WebLinkAboutRes No 2269PLANNING COMMISSION RESOLUTION NO. 2269
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL
APPROVAL OF A CHANGE OF ZONE FROM PR-5 (PLANNED
RESIDENTIAL, FIVE DWELLING UNITS PER ACRE) TO PCD (PLANNED
COMMUNITY DEVELOPMENT), A DEVELOPMENT AGREEMENT TO
SUPERSEDE THE EXISTING WONDER PALMS DEVELOPMENT PLAN TO
EXPAND PLANNING AREA NO. 5, A MASTER PLAN OF DEVELOPMENT
FOR THE NEW PLANNING AREA NO. 5, AND A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS
THERETO. PROPERTY IS GENERALLY LOCATED SOUTH OF GERALD
FORD DRIVE BETWEEN PORTOLA AVENUE AND COOK STREET, 37-
500 COOK STREET.
CASE NOS. C/Z 03-13 AND DA 04-02
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
20th the day of April, 2004, hold a duly noticed public hearing which was continued to May
4 and May 18, 2004, to consider the request of AMERICAN REALTY TRUST and MIKE
MARIX for approval of the above described project; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act, Resolution
No. 02-60," in that the Director of Community Development has determined that the project
will not have an adverse impact on the environment and a Negative Declaration of
Environmental Impact is warranted based on the data provided as part of the University
Village Master Plan, the General Plan Update and EIR; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts and reasons to exist to justify recommending approval of said
request:
1. That the proposed change of zone and development agreement addendum are
consistent with the General Plan and the University Park Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Planning Commission in this case.
2. That C/Z 03-13, attached hereto as Exhibit A, is hereby recommended to City
Council for approval.
PLANNING COMMISSION RESOLUTION NO. 2269
3. That a Negative Declaration of Environmental Impact, attached hereto as
Exhibit B, is hereby recommended to City Council for certification.
4. That Addendum #3 to DA 04-02, attached hereto as Exhibit C, is hereby
recommended to City Council for approval.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 18th day of May, 2004, by the following vote, to wit:
AYES: CAMPBELL, LOPEZ, TSCHOPP, JONATHAN
NOES: FINERTY
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELLSecretary
Palm Desert PI nning Commission
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SABBATHAN, Chairperson
PR-5
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JL-
5
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DR
os
'ty of Palm Desert
P.C.D.
PCD.
P C>D N
-RANK SiM477fA DR
Case No. C/Z 03-13
CHANGE OF ZONE
EXHIBIT A
P R.-5
PCD,
FCOZ
0 '837
P
FCOZ_
ORD837
P.R-5
Proposed
Zoning Change
P.R.-5
To
P.C.D.
PLANNING COMMISSION
REsommoti NO. 2 z 6 9
Date: o5/i B jog
PLANNING COMMISSION RESOLUTION NO. 2269
EXHIBIT B
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: C/Z 03-13 and DA 04-02
APPLICANT/PROJECT SPONSOR:
Dan Allred
American Realty Trust
One Hickory Centre
1800 Valley View Lane,
Suite 300
Dallas, TX 75234
Desert Wells 237, LLC
By Palm Desert 124, Inc.
5005 Calle San Raphael
Palm Springs, CA 92262
PROJECT DESCRIPTION/LOCATION.:
RBF Consulting
74-410 Highway 111
Palm Desert, CA 92260
A change of zone from PR-5 (planned residential, five dwelling units per acre) to PCD
(planned community development), a development agreement to supersede the existing
Wonder Palms Development Plan to expand Planning Area No. 5, a master plan of
development for the new Planning Area No. 5, and a Negative Declaration of Environmental
Impact as it pertains thereto. Property is generally located south of Gerald Ford Drive
between Portola Avenue and Cook Street, 37-500 Cook Street.
The Director of the Department of Community Development, City of Palm Desert, California,
has found that the described project will not have a significant effect on the environment.
A copy of the Initial Study has been attached to document the reasons in support of this
finding. Mitigation measures, if any, included in the project to avoid potentially significant
effects, may also be found attached.
44/1-7(24. 2004
PHILIP DRELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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PLANNING COMMISSION RESOLUTION NO. 2269
EXHIBIT C
RECORDING REQUESTED BY, AND EXEMPT FROM FILING FEE
WIIEN RECORDED, MAIL TO: PURSUANT TO GOVT. CODE §6103
City Clerk's Office
City of Palm Descrt
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
(Space above for Recorder's use Only)
DEVELOPMENT AGREEMENT
Between
THE CITY OF PALM DESERT, CALIFORNIA
and
(UNIVERSITY PARK DEVELOPMENT PLAN)
Dated: , 2004
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PLANNING COMMISSION RESOLUTION NO. 2269
DEVELOPMENT AGREEMENT
(University Park)
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as
of this day of
, 2004, by and between the City of Palm Desert, California, a
municipal corporation organized and existing under the laws of the State of Califomia (the
"City), and ("Developer"), with reference
to the following facts, understandings and intentions of the parties:
RECITALS
A. These Recitals refer to and utilize certain capitalized terms which arc defined in
this Agreement. The parties intend to refer to those definitions in conjunction with the use
thereof in these Recitals.
B. Government Code Sections 65684 through 65869.5 inclusive (the "Development
Agreement Legislation") authorize the City to enter into development agreements in connection
with the development of real property within its jurisdiction. On August 11, 1983, the City
enacted by Ordinance No. 341, as amended on December 7, 1989 by Ordinance No. 589
(collectively, the "Development Agreement Ordinance"), procedures and requirements for the
consideration of development agreements thereunder pursuant to the Development Agreement
Legislation.
C. Developer is the owner of a legal or equitable interest in the Property and is
entitled to have filed the application for and to enter into this Agreement. The Project consists of
the future development of the Property. The Property is located within an important planning
area (University Park Area) of the City and the coordinated development of the Project pursuant
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PLANNING COMMISSION RESOLUTION NO. 2269
to this Agreement represents an important and mutually beneficial economic development and
land usage planning opportunity for the City and Developer.
D. In April 1997, the City Council, by its Ordinance No. 838, approved a
Development Agreement (DA 97-2) which included a development plan for a large area of land
which was centered around the Cook Street and Gerald Ford Drive intersection. DA 97-2
incorporated the Wonder Palms Development Plan, including eight planning areas. A portion of
the Property was included in the approved Wonder Palms Development Plan as Planning Areas 3
and 5. It is the intent of the parties to this Agreement that this Agreement supercede DA 97-2
with respect to any portion of the property subject to DA 97-2.
E. In the 2004 General Plan update, the section (Section 33) within which the
Property is located, (bounded by Frank Sinatra on the south, Portola on the west, Gerald Ford on
the north, and Cook on the east), was considered a distinct planning area which made up part of
the University Park Area.
F. The City has determined that the development of the Project as contemplated by
this Agreement is consistent with and in furtherance of the development goals, policies, general
land uses and development programs of the City as set forth in the City's University Park Area
of the General Plan, and is consistent with the existing Planned Community Development (PCD)
Overlay Zone.
G. City has further determined that entry into this Agreement will further the goals
and objectives of the City's land use planning policies by, among other things, encouraging
investment, providing precise and supplemental criteria for the uses, design, circulation and
development of the Property, including flexibility in land use options which may be altered in
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PLANNING COMMISSION RESOLUTION NO. 2269
order to respond to future changes in the surrounding areas, eliminating uncertainty in planning
for, and securing orderly processing and development of, thc Project. The benefits conferred on
the City by Developer herein will (i) ensure consistent, comprehensive planning which will result
in aesthetically pleasing, environmentally harmonious, and economically viable development
within the City; and (ii) further the development objectives of the City in an orderly manner, all
of which will significantly promote the health, safety and welfare of the residents of the City. In
exchange for these benefits to the City, Developer desires to receive the assurance that it may
proceed with the Project in accordance with the University Park Development Plan
("Development Plan") attached to this Agreement as Exhibit "A", and at a rate of development
of its choosing, subject to the terms and conditions contained in this Agreement.
H. By adopting this Agreement, thc City Council has elected to exercise certain
governmental powers at the present time rather than deferring such actions until an undetermined
future date and has done so intending to hind the City and the City Council and intending to limit
the City's future exercise of certain governmental powers, to the extent permitted by law.
I. This Agreement has undergone extensive review by the City's staff, the Planning
Commission and the City Council.
J. In order to effectuate the foregoing, the parties desire to enter into this
Agreement.
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement
Legislation, and in consideration of the mutual covenants and promises of the parties herein
contained, the parties agree as follows:
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1. Definitions.
1.1 Defined Terms. Each reference in this Agreement to any of the following
terms shall have the meaning set forth below for each such term.
1.2 Agreement. This Development Agreement.
1.3 Building_Ordinances. Those building standards, of general and uniform
application throughout the City and not imposed solely with respect to the Property, in effect
from time to time that govern building and construction standards within the City, including,
without limitation, the City's building, plumbing, electrical, mechanical, grading, sign, and fire
codes.
1.4 City Council. The legislative body of the City of Palm Desert.
1.5 Effective Date. The date on which thc Enacting Ordinance becomes
effective.
1.6 Enacting Ordinance. Ordinance _ , enacted by thc City Council
on , 200 , approving this Agreement.
1.7 Existing Land Use Ordinances. The Land Use Ordinances in effect as of
the Effective Date.
1.8 Land Use Ordinances. The ordinances, resolutions, codes, rules,
regulations and official policies of the City, governing the development of the Property,
including but not limited to, the permitted uses of land, the density and intensity of use of land,
and the timing of development, all as applicable to the development of the Property.
Specifically, but without limiting the generality of the foregoing, Land Use Ordinances shall
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include the City's General Plan, the City's zoning ordinance and the City's subdivision code, but
shall exclude the Building Ordinances.
1.9 Mortgage. A mortgage, deed of trust, sale and leaseback arrangement in
which all or a part of the Property, or an interest in it, is sold and leased hack concurrently, or
other transactions in which all or a part of the Property, or an interest in it, is pledged as security,
contracted in good faith and for fair value.
1.10 Project. The mixed -use commercial, industrial and residential
development and associated amenities, and on -site and off -site improvements, as permitted under
and described in the Development Plan (Exhibit "A"), to be constructed on the Property, as the
same may hereafter be further refined, enhanced or modified pursuant to the provisions of this
Agreement.
1.11 Property. The real property and any improvements thereon which is
described in Exhibit "B" to this Agreement.
2. Term; Amendment.
2.1 Term. The terns of this Agreement (the "Term") shall commence on the
Effective Date and shall terminate on the ten (10) year anniversary date of the Effective Date,
unless sooner terminated or extended as hereinafter provided.
2.2 Amendment. The parties to this Agreement at their sole discretion and by
their mutual written consent may from time to time amend the provisions and terms of this
Agreement and the Exhibits hereto. Any amendment to this Agreement or the Exhibits hereto as
provided herein shall be effected only upon compliance with the procedures for amendment, if
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any, required by the Development Agreement Legislation and the Development Agreement
Ordinance. The City shall, after any such amendment takes effect, cause an appropriate notice of
such amendment to be recorded in the official records of the County of Riverside.
3. Supercede DA 97-2. This Agreement shall supercede DA 97-2 (recorded by
Riverside County Recorder on May 22, 1997 as Instrument No. 179687) with respect to any
portion of the Property subject to DA 97-2.
4. General Development of the Project.
4.1 Project.
(a) The Project is defined and described in the University Park
Development Plan attached to this Agreement as Exhibit "A", which specifies for the purpose of
this Agreement all of the following aspects of the Projcct: (i) proposed land uses of the Property;
(ii) the maximum (and probable) density and intensity of development of the Property; (iii)
certain parking requirements; and (iv) sizing requirements for the construction of certain utility
facilities; (v) certain requirements relating to access and traffic circulation within the Property;
(vi) certain design guidelines relating to the construction of on -site and off -site improvements;
(vii) procedures for development within the Planning Areas.
(b) Developer shall have the vested right to develop the Project in
accordance with, and development of the Project during the Term shall he governed by, the
Development Plan and, to the extent not inconsistent with or modified by the Development Plan,
the Existing Land Use Ordinances. Developer's right to develop the Property in accordance with
this Section 4.1 shall be without regard to future ordinances, resolutions, rules, regulations and
policies of the City or referenda of the voters of the City, including, without limitation, those
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with respect to moratoriums for utility service, other than ordinances, resolutions, rules,
regulations and policies of the City which limit or condition the rate, timing or sequencing of
development of the Property and which arc required solely as a result of then existing shortages
of utility service capacity or facilities.
4.2 Project Timing; Construction Entitlement. The parties acknowledge
that Developer cannot at this time predict when or the rate at which or the order in which parts of
the Project will be developed. Such decisions depend upon numerous factors which arc not
within the control of Developer, such as market orientation and demand, interest rates,
competition and other similar factors. Therefore, the parties hereto acknowledge and expressly
agree that Developer is hereby granted by the City the vested and guaranteed right to develop the
Project in such manner and at such rate and at such times as Developer deems appropriate within
the exercise of its sole subjective business judgment. Therefore, City expressly agrees that
Developer shall he entitled to apply for precise plans, subdivision maps, building permits,
occupancy certificates and other land use and development entitlements for its use at any time
provided that such application is made in accordance with the Development Plan and this
Agreement.
Notwithstanding any provisions to the contrary in this Agreement or the Existing Land
Use Ordinances, Developer shall have the right, but not the obligation, to obtain from the City,
all necessary approvals, consents, permits, or other entitlements for the construction of not less
than the maximum number of square feet of gross floor area or dwelling units of any permitted
use under the Development Plan specified with respect to any designated Planning Area set forth
in the Development Plan.
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4.3 Building Permits and Other Approvals and Permits. Subject to (a)
Developer's compliance with this Agreement, the Development Plan, the Existing Land Use
Ordinances and the Building Ordinances, and (h) payment of the usual and customary fees and
charges of general application charged for the processing of such applications, permits and
certificates and for any utility connection, or similar fces and charges of general application, the
City shall process and issue to Developer promptly upon application therefor all necessary use
permits, building permits, occupancy certificates, and other required permits for the construction,
use and occupancy of the Project, or any portion thereof, as applied for, including connection to
all utility systems under the City's jurisdiction and control (to the extent that such connections
are physically feasible and that such utility systems arc capable of adequately servicing the
Project).
4.4 Procedures and Standards. The standards for granting or withholding
permits or approvals required hereunder in connection with the development of the Project shall
be governed as provided herein by the standards, ternis and conditions of this Agreement and the
Development Plan, and to the extent not inconsistent therewith, the Existing Land Use
Ordinances, but the procedures for processing applications for such permits or approvals
(including the usual and customary fees of general application charged for such processing) shall
he governed by such ordinances and regulations as may then be applicable and which are
consistent with the Development Plan.
4.5 Effect of Agreement. This Agreement shall constitute a part of the
Enacting Ordinance, as if incorporated by reference therein in full. The parties acknowledge that
this Agreement is intended to grant Developer the right to develop the Project pursuant to
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specified and known criteria and rules as set forth in the Development Plan and the Existing
Land Use Ordinances, and to grant the City and the residents of the City certain benefits which
they otherwise would not receive.
This Agreement shall he binding upon the City and its successors in accordance with and
subject to its terms and conditions notwithstanding any subsequent action of the City, whether
taken by ordinance or resolution of the City Council, by referenda, initiative, or otherwise. The
parties acknowledge and agree that by entering into this Agreement and relying thereupon, the
Developer has obtained, subject to the terms and conditions of this Agreement, a vested right to
proceed with its development of the Project in accordance with the proposed uses of the
Property, the density and intensity of development of the Property and the requirements and
guidelines for the construction or provision of on -site and off -site improvements as set forth in
the Development Plan and the Existing Land Use Ordinances, and the timing provisions of
Section 4.2, and the City has entered into this Agreement in order to secure the public benefits
conferred upon it hereunder which are essential to alleviate current and potential problems in the
City and to protect the public health, safety and welfare of the City and its residents, and this
Agreement is an essential element in the achievement of those goals.
4.6 Operating Memoranda. Developer and City acknowledge that the
provisions of this Agreement require a close degree of cooperation between Developer and City,
and that refinements and further development of the Project may demonstrate that changes or
additional provisions are appropriate with respect to the details of performance of the parties
under this Agreement in order to effectuate the purpose of this Agreement and the intent of the
parties with respect thereto. If and when, from time to time, the parties find that such changes or
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PLANNING COMMISSION RESOLUTION NO. 2269
additional provisions are necessary or appropriate, and subject to the provisions of the next
succeeding sentence, they shall effectuate such changes or provide for such additional provisions
through operating memoranda to be approved in good faith by the parties, which, after execution,
shall be attached hereto as addenda and become a part hereof, and may be further changed or
supplemented from time to time as necessary, with further good faith approval of Developer and
City. IJpon receipt by the City of an opinion of the City Attorney to the effect that the subject
matter of such operating memoranda does not require the amendment of this Agreement in the
manner provided in Section 65868 of the California Government Code, then no such operating
memoranda shall require prior notice or hearing, or constitute an amendment to this Agreement;
and in the case of the City, such operating memoranda may be approved and executed by its
Community Development Director or City Manager without further action of the City Council.
Failure of the parties to enter into any such operating memoranda shall not affect or abrogate any
of the rights, duties or obligations of the parties hereunder or the provisions of this Agreement.
5. Specific Criteria Applicable to Development of the Project.
5.1 University Park Development Plan. The Development Plan is a
regulatory plan which, upon adoption by ordinance, will constitute the basic land use and
development criteria of the property. Development plans or agreements, tract or parcel maps,
precise development plans or any other action requiring ministerial or discretionary approval of
their property shall be consistent with the Development Plan. Should the regulations contained
in the Development Plan differ from the regulations of the Palm Desert Zoning Ordinance, the
regulations of the Development Plan shall take precedence.
ir.. 5.2 Applicable Ordinances. Except as set forth in the Development Plan
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and subject to the provisions of Section 5.3 and 5.4 below, the Existing Land Use Ordinances
shall govern the development of the Property hereunder and the granting or withholding of all
permits or approvals required to develop the Property; provided, however, that (a) Developer
shall be subject to all changes in processing, inspection and plan -check fees and charges imposed
by City in connection with the processing of applications for development and construction upon
the Property so long as such fees and charges are of general application and are not imposed
solely with respect to the Property, and (b) Developer shall abide by the Building Ordinances in
effect at the time of such applications.
5.3 Amendment to Applicable Ordinances. In the event that the Palm
Desert zoning ordinance is amended by the City in a manner which provides more favorable site
development standards for the Property or any part thereof than those in effect as of the Effective
Date, Developer shall have the right to notify the City in writing of its desire to be subject to all
or any such new standards for the remaining term of this Agreement. If City agrees, by resolution
of the City Council or by action of a City official whom the City Council may designate, such
new standards shall become applicable to the Property or portions thereof. Should City
thereafter amend such new standards, upon the effective date of such amendment, the original
new standards shall continue to apply to the Property as provided above, but Developer may
notify City in writing of its desire to be subject to all or any such amended new standards and
City may agree in the manner above provided to apply such amended new standards to the
Property.
5.4 Modification or Suspension by State Law or Federal Law. In the event
that state or federal laws or regulations, enacted after the effective date of this Agreement,
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prevent or preclude compliance with one or more of the provisions of this Agreement, such
provisions of this Agreement shall be modified or suspended as may be necessary to comply
with such state or federal laws or regulations, provided, however, that this Agreement shall
remain in full force and effect to the extent it is not inconsistent with such laws or regulations,
and to the extent that such laws or regulations do not render such remaining provisions
impractical to enforce.
5.5 Easements; Abandonments. City shall cooperate with Developer in
connection with any arrangements for abandoning existing utility or other easements and the
relocation thereof or creation of any new easements within the Property necessary or appropriate
in connection with the development of the Project; and if any such easement is owned by City,
City shall, at the request of Developer and in the manner and to thc extent permitted by law, take
such action and execute such documents as may be necessary to abandon existing casements and
relocate them, as necessary or appropriate in connection with the development of the Project, all
at the cost and expense of the Developer. In addition, to the extent that temporary or permanent
easements on property adjacent or in close proximity to the Property will be required in order for
Developer to develop all or portions of the Project, the City shall cooperate with Developer in
efforts to obtain or secure any such required casements.
6. Periodic Review of Compliance. In accordance with Govt. Code Section
65865.1, the City Council shall review this Agreement at least each calendar year during the
term of this Agreement. At such periodic reviews, Developer must demonstrate its good faith
compliance with the terms of this Agreement. Developer agrees to furnish such evidence of
good faith compliance as thc City, and after reasonable exercise of its discretion and after
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reasonable notice to Developer, may require.
7. Permitted Delays; Supersedure by Subsequent Laws.
7.1 Permitted Delays. In addition to any other provisions of this Agreement
with respect to delay, Developer and City shall be excused from performance of their obligations
hereunder during any period of delay caused by acts of mother nature, civil commotion, riots,
strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or
prevention of work in process by reason of fire, floods, earthquake, or other casualties, litigation,
acts or neglect of the other party, any referendum elections held on the Enacting Ordinance, or
the Land Use Ordinances, or any other ordinance effecting the Project or the approvals, permits
or other entitlements related thereto, or restrictions imposed or mandated by governmental or
quasi -governmental entities, enactment of conflicting provisions of the Constitution or laws of
the United States of America or the State of California or any codes, statutes, regulations or
executive mandates promulgated thereunder (collectively, "Laws"), orders of courts of
competent jurisdiction, or any other cause similar or dissimilar to the foregoing beyond the
reasonable control of City or Developer, as applicable. Each party shall promptly notify the
other party of any delay hereunder as soon as possible after the same has been ascertained. The
time of performance of such obligations shall he extended by the period of any delay hereunder.
7.2 Supercedure of Subsequent Laws or Judicial Action. The provisions
of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to
comply with any new Law or decision issued by a court of competent jurisdiction (a "Decision"),
enacted or made after the Effective Date which prevents or precludes compliance with one or
more provisions of this Agreement. Promptly after enactment of any such new Law, or issuance
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of such Decision, the parties shall meet and confer in good faith to determine the feasibility of
any such modification or suspension based on the effect such modification or suspension would
have on the purposes and intent of this Agreement. In addition, Developer and City shall have
the right to challenge the new Law or the Decision preventing compliance with the terms of this
Agreement. In the event that such challenge is successful, this Agreement shall remain
unmodified and in full force and effect, except that the Term shall be extended, in accordance
with Section 7.1 above, for a period of time equal to the length of time the challenge was
pursued.
8. Events of Default; Remedies; Termination.
8.1 Events of Default. Subject to any extensions of time by mutual consent
in writing, and subject to the provisions of Section 7 above regarding permitted delays, the
failure of either party to perform any material tern or provision of this Agreement shall
constitute an event of default hereunder ("Event of Default") if such defaulting party does not
cure such failure within ninety (90) days following receipt of written notice of default from the
other party; provided, however, that if the nature of the default is such that it cannot be curcd
within such ninety (90) day period, the commencement of the cure within such ninety (90) day
period and the diligent prosecution to completion of the cure shall be deemed to be a cure within
such period. Any notice of default given hereunder shall specify in detail the nature of the
alleged Event of Default and the manner, if any, in which such Event of Default may be
satisfactorily cured in accordance with the terms and conditions of this Agreement. During the
time periods herein specified for cure of a failure of performance, the party charged therewith
shall not be considered to be in default for purposes of termination of this Agreement, institution
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of legal proceedings with respect thereto, or issuance of any permit, map, certificate of
occupancy, approval or entitlement with respect to the Project.
8.2 Remedies. Upon the occurrence of an Event of Default, the nondefaulting
party shall have such rights and remedies against the defaulting party as it may have at law or in
equity, including, but not limited to, the right to damages and the right to terminate this
Agreement or seek mandamus, specific performance, injunctive or declaratory relief.
Notwithstanding the foregoing and except as otherwise provided in Section 8.4 hereof, if either
Developer or City elects to terminate this Agreement as a result of the occurrence of an Event of
Default, such proceeding of termination shall constitute such party's exclusive and sole remedy,
and with respect to such election City and Developer hereby waive, release and relinquish any
other right or remedy otherwise available under this Agreement or at law or equity.
8.3 Waiver; Remedies Cumulative. Failure by a party to insist upon the
strict performance of any of the provisions of this Agreement by the other party shall not
constitute waiver of such party's right to demand strict compliance by such other party in the
future. All waivers must be in writing to be effective or binding upon the waiving party, and no
waiver shall be implied from any omission by a party to take any action with respect to such
Event of Default. No express written waiver of any Event of Default shall affect any other Event
of Default, or cover any other period of time specified in such express waiver.
8.4 Effect of Termination. Termination of this Agreement by one party due
to the other party's default, or as a result of the exercise of the right of termination provided to
the Developer under Section 7.2 hereof, shall not affect any right or duty emanating from any
approvals, permits, certificates or other entitlements with respect to the Property or the Project
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which were issued, approved or provided by thc City prior to the date of termination of this
Agreement. If City terminates this Agreement because of Developer's default, then City shall
retain any and all benefits, including money, land or improvements conveyed to or received by
the City prior to the date of termination of this Agreement, subject to any reimbursement
obligations of the City. If Developer terminates this Agreement because of City's default, or as a
result of thc exercise of the right of termination provided to the Developer under Section 7.2
hereof, then Developer shall he entitled to all of the benefits arising out of, or approvals, permits,
certificates or other entitlements on account of, any Exactions paid, given or dedicated to, or
received by, City prior to the date of termination of this Agreement. Except as otherwisc
provided in this Section 8.4, all of the rights, duties and obligations of the parties hereunder shall
otherwise cease as of the date of the termination of this Agreement.
If this Agreement is terminated pursuant to any provision hereof, then the City shall, after
such action takes effect, cause an appropriate notice of such action to be recorded in the official
records of the County of Riverside. The cost of such recordation shall be borne by the party
causing such action.
8.5 Third Party Actions. Any court action or proceeding brought by any
third party to challenge this Agreement or any permit or approval required from City or any other
governmental entity for development or construction of all or any portion of the Project, whether
or not Developer is a party defendant to or real party defendant in interest in such action or
proceeding, shall constitute a permitted delay under Section 7.1.
9. Encumbrances on Property.
9.1 Discretion to Encumber. The parties hereto agree that this Agreement
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shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from
encumbering the Property or any portion thereof or any improvements thereon with any
mortgage, deed of trust or other security device ("Mortgage") securing financing with respect to
the Property. The City acknowledges that the lenders providing such financing may require
certain modifications to this Agreement, and the City agrees upon request, from time -to -time, to
meet with Developer and/or representatives of such lenders to negotiate in good faith any such
request for modification. City further agrees that it will not unreasonably withhold its consent to
any such requested modification.
9.2 Mortgage Protection. This Agreement shall be superior and senior to
the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for
value, and any acquisition or acceptance of title or any right or interest in or with respect to the
Site or any portion thereof by a Mortgagee (whether pursuant to a Mortgage, foreclosure,
trustee's sale, decd in lieu of foreclosure or otherwise) shall be subject to all of the terms and
conditions of this Agreement.
9.3 Mortgagee Not Obligated. Notwithstanding the provisions of Scction
9.2, no Mortgagee will have any obligation or duty under this Agreement to perform the
obligations of Developer or other affirmative covenants of Developer hereunder, or to guarantee
such performance, except that to the extent that any covenant to he performed by Developer is a
condition to the performance of a covenant by City, the performance thereof shall continue to be
a condition precedent to City's performance hereunder.
9.4 Estoppel Certificates. Either party may, at any time, and from time to
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time, deliver written notice to the other party requesting such party to certify in writing that, to
the knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding
obligation of the parties, (ii) this Agreement has not been amended or modified, or if so amended
or modified, identifying such amendments or modifications, and (iii) the requesting party is not
in default in the performance of its obligations under this Agreement, or if in default, describing
therein the nature and amount of any such defaults. A party receiving a request hereunder shall
execute and return such certificate within thirty (30) days following the receipt thereof. City
acknowledges that a certificate hereunder may be relied upon by transferees, assignees and
lessees of the Developer and the holders of any Mortgage.
10. Transfers and Assignments; Effect of Agreement on Title.
10.1 Rights and Interests Appurtenant. The rights and interests conveyed as
provided herein to Developer benefit and arc appurtenant to the Property. Developer has the
right to sell, assign and transfer any and all of its rights and interests hereunder and to delegate
and assign any and all of its duties and obligations hereunder. Such rights and interests
hereunder may not be sold, transferred or assigned and such duties and obligations may not be
delegated or assigned except in compliance with the following conditions:
(i) Said rights and interests may be sold, transferred or assigned only together with and as
an incident of the sale, lease, transfer or assignment of the portions of the Property to which they
relate, including any transfer or assignment pursuant to any foreclosure of a Mortgage or a deed
in lieu of such foreclosure. Following any such sale, transfer or assignment of any of the rights
and interests of Developer under this Agreement, the exercise, use and enjoyment thereof shall
continue to be subject to the terms of this Agreement to the same extent as if the purchaser,
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transferee or assignee were Developer hereunder.
10.2 Covenants Run with Land.
(i)
All of the provisions, agreements, rights, powers, standards, terms,
covenants and obligations contained in this Agreement shall he binding upon the parties and their
respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees,
lessees, and all other persons acquiring any rights or interests in the Property, or any portion
thereof, whether by operation of laws or in any manner whatsoever, and shall inure to the benefit
of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and
assigns;
(ii) All of the provisions of this Agreement shall be enforceable as
equitable servitudes and constitute covenants running with the land pursuant to applicable law;
(iii) Each covenant to do or refrain from doing some act on the Property
hereunder (A) is for the benefit of and is a burden upon every portion of the Property, (B) runs
with such lands, and (C) is binding upon each party and each successive owner during its
ownership of the Property or any portions thereof, and shall benefit each party and its lands
hereunder, and each such other person or entity succeeding to an interest in such lands.
11. Notices. Any notice to either party shall be in writing and given by delivering the
same to such party in person or by sending the same by registered or certified mail, return receipt
requested, with postage prepaid, to the following addresses:
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PLANNING COMMISSION RESOLUTION NO. 2269
If to City:
City Clerk of the City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
If to Developer:
Attention:
Either party may change its mailing address at any time by giving written notice of such
change to the other party in the manner provided herein. All notices under this Agreement shall
he deemed given, received, made or communicated on the date personal delivery is effected or, if
mailed, on the delivery date or attempted delivery date shown on the return receipt.
12. Indemnification: Developer's Obligation.
12.1 Developer's Wrong -Doing. Developer will defend, indemnify and hold
the City and its elected officials, officers and employees ("Indemnified Parties") free and
harmless from any loss, cost or liability (including, without limitation, liability arising from
injury or damage to persons or property, including wrongful death and worker's compensation
claims) which results from (i) any obligation which arises from the development of the Property
including, without limitation, obligations for the payment of money for material and labor; (ii)
any failure on the part of Developer to take any action which he is required to take as provided in
this Agreement; (iii) any action taken by Developer which he prohibited from taking as provided
in this Agreement and (iv) any claim which results from any willful or negligent act or omission
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of Developer.
12.2 Environmental Assurances. Developer shall indemnify and hold the
Indemnified Parties free and harmless from any liability deriving from the City's execution or
performance of this Agreement, based or asserted, upon any act or omission of Developer, its
officers, agents, employees, contractors, subcontractors and independent contractors for any
violation of any federal, state or local law, ordinance or regulation relating to hazardous or toxic
materials, industrial hygiene, or environmental conditions created by Developer or its officers,
agents or employees, contractors, subcontractors and independent contractors after the Effective
Date on, under which the Property, including, but not limited to soil and groundwater conditions,
and Developer shall defend, at its expense, including attorneys fees, the Indemnified Panics in
any action based or asserted upon any such alleged act or omission.
12.3 Challenges to Agreement. Developer agrees and shall indemnify, hold
harmless and defend the Indemnified Panics from any challenge to the validity of this
Agreement, or to the City's implementations of its rights under this Agreement.
12.4 Defense by Counsel Chosen by City. In the event the Indemnified
Parties arc made a party to any action, lawsuit other adversarial proceeding in any way
involving claims specified in Sections 12.1, 12.2, or 12.3, Developer shall provide a defense to
the Indemnified Parties, with counsel chosen by City. Developer shall he obligated to promptly
pay all costs of defense, including all reasonable attorneys' fees, and any final judgment or
portion thereof rendered against the Indemnified Parties.
12.5 Non -Liability of City Officers and Employees. No official, officer,
employee, agent, or representative of the City, acting in his/her official capacity, shall be
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PLANNING COMMISSION RESOLUTION NO. 2269
personally liable to developer, or any successor or assign, for any loss, cost, damages, claim,
liability or judgment arising out of or in connection to this Agreement, or for any act or omission
on the part of the City.
12.6 Survival. The provisions of these Sections 12.1, 12.2, 12.3, and 12.4 shall
survive the termination or expiration of this Agreement.
13. Miscellaneous.
13.1 Relationship of Parties. It is understood that the Project is a private
development, that neither party is acting as the agent of the other in any respect hereunder, and
that each party is an independent contractor. It is further understood that none of the terms or
provisions of this Agreement are intended to or shall be deemed to create a partnership, joint
venture or joint enterprise between the parties hereto.
13.2 Consents. Unless othenvisc herein provided, whenever approval, consent,
acceptance or satisfaction (collectively, a "consent") is required of a party pursuant to this
Agreement, it shall not be unreasonably withheld or delayed. Unless provision is otherwise
specified in this Agreement or otherwise required by law for a specific time period, consent shall
be deemed given within thirty (30) days after receipt of the written request for consent, and if a
party shall neither approve nor disapprove within such thirty (30) day period, or other time
period as may be specified in this Agreement or otherwise required by law for consent, that party
shall then be deemed to have given its consent. If a party shall disapprove, the reasons therefor
shall be stated in reasonable detail in writing. This Section does not apply to development
approvals by the City.
13.3 Not a Public Dedication. Except as otherwise expressly provided herein,
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nothing herein contained shall be deemed to he a gift or dedication of the Property, or of the
Project or any portion thereof, to the general public, for the general public, or for any public use
or purpose whatsoever, it being the intention and understanding of the parties that this
Agreement be strictly limited to and for the purposes herein expressed for the development of the
Project as private property.
13.4 Severabilitv. If any term, provision covenant or condition of this
Agreement shall be determined invalid, void or unenforceable by judgment or court order, the
remainder of this Agreement shall remain in full force and effect, unless enforcement of this
Agreement as so invalidated would he unreasonable or grossly inequitable under all the relevant
circumstances or would frustrate the purposes of this Agreement.
13.5 Exhibits. The Exhihits listed in the Table of Contents, to which reference
is made herein, are deemed incorporated into this Agreement in their entirety by reference
thereto.
13.6 Entire Agreement. This written Agreement and the Exhibits hereto
contain all the representations and the entire agreement between the parties with respect to the
subject matter hereof. Except as otherwise specified in this Agreement and the Exhihits hereto,
any prior correspondence, memoranda, agreements, warranties or representations are superseded
in total by this Agreement and Exhibits hereto.
13.7 Governing Law; Construction of Agreement. This Agreement, and the
rights and obligations of the parties, shall he governed by and interpreted in accordance with the
laws of the State of California. The provisions of this Agreement and the Exhibits hereto shall
be construed as a whole according to their common meaning and not strictly for or against any
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party and consistent with the provisions hereof, in order to achieve the objectives and purposes
of the parties hereunder. The captions preceding the text of each Section, subsection and the
"fable of Contents hereof are included only for convenience of reference and shall he disregarded
in the construction and interpretation of this Agreement. Wherever required by the context, the
singular shall include the plural and vice versa, and the masculine gender shall include the
feminine or neuter genders, or vice versa.
13.8 Signature Pages. For convenience, the signatures of the parties of this
Agreement may be executed and acknowledged on separate pages which, when attached to this
Agreement, shall constitute this as one complete Agreement.
13.9 Time. Time is of the essence of this Agreement and of each and every
term and condition hereof.
13.10 Prevailing Party's Attorney's Fees and Costs. If any party to this
Agreement shall fail to perform any of its obligations hereunder, or if a dispute arises with
respect to the meaning or interpretation of any provision hereof or the performance of the
obligations of any party hereto, the defaulting party or the party not prevailing in such dispute, as
the case may be, shall promptly pay any and all costs and expenses (including without limitation,
all court costs and reasonable attomeys' fees and expenses) incurred by the other party with
respect to such to such dispute or in enforcing or establishing its rights hereunder.
Notwithstanding the foregoing, City shall not be required to pay any costs or cxpenses (including
without limitation, reasonable attorneys' fees and expenses) which Developer may incur in
respect of any hearing held pursuant to Section 10 hereof.
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[SIGNATURES ON FOLLOWING PAGES]
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PLANNING COMMISSION RESOLUTION NO. 2269
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first
above -written.
DEVELOPER:
By:
President
CITY:
CITY OF PALM DESERT, CALIFORNIA, a
municipal corporation organized and existing under
the laws of the State of California
By:--- —
Attest:
, Mayor
Rachelle Klassen, City Clerk
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PLANNING COMMISSION RESOLUTION NO. 2269
STATE OF CALIFORNIA )
ss
COUNTY OF )
On , 200 , before me,
, a Notary Public in
and for said State, personally appeared _ , personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ics), and that by his/her/their signature(s)
on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Notary Public
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PLANNING COMMISSION RESOLUTION NO. 2269
TABLE OF CONTENTS
PAGE
RECITALS I
1. Definitions. 4
1.1 Defined Terms 4
1.2 Agreement 4
1.3 Building Ordinances 4
1.4 City Council 4
1.5 Effective Date 4
1.6 Enacting Ordinance 4
1.7 Existing Land Use Ordinances 4
1.8 Land Use Ordinance 4
1.9 Mortgage 5
1.10 Project 5
1.11 Property 5
2. Term; Amendment 5
2.1 Term 5
2.2 Amendment 5
3. Supercede DA 97-2 6
4. General Development of the Proiect 6
4.1 Project 6
4.2 Project Timing; Construction Entitlement 7
4.3 Building Permits and Other Approvals and Permits 7
4.4 Procedures and Standards 8
4.5 Effect of Agreement 8
4.6 Operating Memoranda 9
5. Specific Criteria Applicable to Development of the Project 10
5.1 University Park Development Plan 10
5.2 Applicable Ordinances 10
5.3 Amendment to Applicable Ordinances 11
5.4 Modification or Suspension by State Law or Federal Law 11
5.5 Easements; Abandonments 12
6. Periodic Review of Compliance 12
7. Permitted Delays; Supersedure by Subsequent Laws 13
7.1 Permitted Delays 13
7.2 Supersedure of Subsequent Laws or Judicial Action 13
8. Events of Default; Remedies: Termination 14
8.1 Events of Default 14
8.2 Remedies 15
8.3 Waiver; Remedies Cumulative 15
8.4 Effect of Termination 15
8.5 Third Party Actions 16
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PLANNING COMMISSION RESOLUTION NO. 2269
9. Encumbrances on Property 16
9.1 Discretion to Encumber 16
9.2 Mortgage Protection 17
9.3 Mortgagee Not Obligated 17
9.4 Estoppel Certificates 17
10. Transfers and Assignments; Effect of Agreement on Title 18
10.1 Rights and Interests Appurtenant 18
10.2 Covenants Run with Land 19
11. Notices 19
12. Indemnification: Developer's Obligation 20
12.1 Developer's Wrong -Doing 20
12.2 Environmental Assurances 21
12.3 Challenges to Agreement 20
12.4 Defense by Counsel Chosen by City 21
12.5 Non -Liability of City Officers and_ _Em_ployees 21
12.6 Survival 21
13. Miscellaneous. 22
13.1 Relationship of Parties 22
13.2 Consents 22
13.3 Not a Public_D_ edication 22
13.4 Severability 23
13.5 Exhibits 23
13.6 Entire Agreement 23
13.7 Governing Law; Construction of Agreement 23
13.8 Signature Pages 24
13.9 Time 24
13.10 Prevailing Party's Attorney's Fees and Costs 24
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EXIIIBIT A
UNIVERSITY PARK DEVELOPMENT PLAN
[to he attached prior to recording]
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PLANNING COMMISSION RESOLUTION NO. 2269
EXHIBIT B
LEGAL DESCRIPTION OF PROPERTY
[to be attached prior to recording]
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Development Plan
rr
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Amendment No. 2
University Park
Prepared for:
Desert Wells 237,LLC
c/o Cornerstone Developers, Inc.
5005 Calle San Raphael
Palm Springs, CA 92262
Contact:
Michael Marix
(760) 325-4289
American Realty Trust
1800 Valley View Lane Ste. 300
Dallas, TX 75234
Contact:
Dan Allred
(469) 522-4414
Prepared by:
RBF CONSULTING
14725 Alton Parkway
Irvine CA 92618
Contact: Al Zelinka
(949) 855-3417
April 16, 2004
Palm Desert City Council Approval
Ordinance # 0000
April 2004
tom
UNIVERSITY PARK
Table of Contents
I INTRODUCTION 1-1
A. Purpose and Intent 1-1
lime
1. Vision Statement 1-1
2. Guiding Principles 1-2
B. Land Use and Circulation 1-3
1. Land Uses 1-3
2. Circulation Network 1-7
II DEVELOPMENT CRITERIA 11-1
A. Purpose 11-1
.. 1. Use of Criteria 11-1
2. Applicability 11-1
3. Definitions 11-1
4. Severability 11-1
5. Review and Approval Process 11-2
6. Plan Concept 11-2
7. Planning Area Design Considerations 11-3
B. Residential District 11-4
1. Single-family — Low Density 11-4
`~ a. Low Density Development Standards 11-4
b. Parking 11-8
c. Allowable Uses 11-8
d. Design Objectives 11-8
e. Site Planning 11-8
f. Mixture of Housing Types 11-10
g. Projections into Required Yards 11-10
h. Lot Coverage 11-10
i. Building Heights 11-10
.,, j. Lot Width 11-10
k. Architecture 11-10
1. Mass and Scale 11-11
m. Materials and Colors 11-11
AND
n. Roofs 11-12
o. Garages 11-13
p. Landscaping 11-13
2. Residential — Medium Density 11-14
a. Parking 11-15
b. Allowable Uses 11-17
c. Design Objectives 11-17
d. Site Planning 11-17
e. Architecture 11-18
f. Mass and Scale 11-18
g. Materials and colors 11-18
h. Landscaping 11-19
TABLE OF CONTENTS
1 APRIL 16, 2004
UNIVERSITY PARK
ors
w
Table of Contents
(continued)
3. Multi -family — High Density Overlay 11-20
a. Parking 11-23
b. Allowable Uses 11-24
c. Design Objectives 11-24
d. Site Planning 11-25
e. Mass and Scale 11-26
" f. Materials and Colors 11-27
g. Landscaping 11-27
C. Commercial / Office Professional District 11-28
1. General Criteria 11-28
a. Setbacks 11-28
b. Parking 11-28
c. Allowable Uses 11-29
d. Design Objectives 11-29
e. Site Planning 11-30
f. Mass and Scale 11-30
g. Materials and Colors 11-32
h. Building Accessories 11-32
"r i. Signage 11-32
j. Landscaping 11-34
'"' D. Mixed Use District 11-36
1. General Criteria 11-36
a. Parking 11-37
OW b. Miscellaneous 11-37
E. Open Space District 11-39
.. 1. General Criteria 11-39
a. Overall Park Design 11-39
b. Community Parks — Public 11-39
c. Neighborhood Parks — Private 11-39
F. Landscaping 11-40
1. Plant Palette 11-40
2. Landscape concepts for public areas 11-40
a. Area gateways 11-40
b. Public rights -of -way (Streetscape) 11-40
3. Walls and fences 11-42
a. Perimeter 11-42
b. Internal 11-43
✓ 4. Line -of -Sight 11-44
5. Art in Public Places 11-44
TABLE OF CONTENTS
2 ARIL 16, 2004
UNIVERSITY PARK
IOU
Se
Table of Contents
(continued)
LIST OF EXHIBITS
1. Land Use Plan 1-5
2. Circulation Plan 1-8
r.
3. Roadway Sections 1-9
4. Roadway Sections 1-11
5. Traffic Calming Devices 1-13
6. Typical Single -Family — Low Density 11-6
7. Typical Single -Family Residential Setbacks 11-7
8. Garage Locations 11-9
9. Typical Single -Family — Medium Density 11-16
w 10. Typical Single -Family — High Density 11-21
11. Cluster And Courtyard Homes 11-22
No
OM
NM
MI
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MO
AMU
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TABLE OF CONTENTS
3 APRIL 16, 2004
UNIVERSITY PARK
MEP
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ilIMP
INN
OM
I. INTRODUCTION
A. PURPOSE AND INTENT
1. Vision Statement
University Park is envisioned as a walkable, mixed -use community within the City
of Palm Desert that is strategically situated contiguous to the future California
State University (CSU) / University California Riverside (UCR) campus, nearby
employment and shopping, and two existing and one future 18-hole public golf
courses all in close proximity to Interstate 10, Portola Avenue, Cook Street, and
Gerald Ford Drive. University Park is planned to have, as its backbone, a
comprehensive multi -use pathway system that safely connects all the districts
within the community, and an internal collector street system that reinforces
walkability and the use of neighborhood electric vehicles through the presence of
street -facing buildings, a well -landscaped modified grid street system designed
to promote a walkable environment. A Village Center, where Mixed Use and
Commercial districts encompass a more village atmosphere and envisioned to
include a village plaza, main street and public spaces.
Within each of University Park's districts, buildings are anticipated to be oriented
to driveways and streets shaded with landscaping and lined with pedestrian -
friendly sidewalks and pathways that connect residents of traditional and
compact single-family homes, townhouses, condominiums, and apartments with
nearby parks, employment, shopping, education, and community facilities.
University Park's balanced land use mix, combined with its strong internal
circulation system, allow a diverse population to live close to local jobs,
shopping, and educational opportunities — thus reducing demands on Palm
Desert's arterial street system. Because the conceptual vision for University Park
is built upon both historical precedent and contemporary regional and national
development trends, it is envisioned to elevate Palm Desert's already strong
image as a great city in which to live, work, shop, and play.
University Park community design includes many of the design principles
reminiscent of those college towns of the early 1900s, generally in keeping with
what has become known as traditional neighborhood design guiding principles.
The main principles of traditional neighborhood design include increased
connectivity between land uses, decreased dependence on the automobile, and
a heightened sense of community. Application of these principles would include
the incorporation of a modified street grid system designed to increase
connectivity between uses, with the backbone themed boulevards designed to a
human scale with parkways adjacent to travel lanes. Residential neighborhoods
would be designed to include a mixture of product types designed to provide
opportunities for neighbors to meet and greet each other. University Park's
integration of these principles occurs within the context of Palm Desert, its
environment and development practices.
■• Section I — Introduction 1-1 April 16, 2004
UNIVERSITY PARK
r
2. Guiding Principles
To ensure that University Park is reflective of the character and ambience
desired by Palm Desert, the following traditional neighborhood design guiding
principles will be implemented throughout the development.
o Center Focus. To create a community with a central focus that combines
commercial, civic, cultural and recreational uses.
The University Park community includes mixed use, commercial, public
park/community facilities adjacent to the future CSU / UCR campus, providing for
a centralized village area serving the University Park residences and surrounding
uses. Each of these areas includes frontage providing opportunities for central
meeting places connected by sidewalks and public plazas.
Connections. To provide a series of sidewalks and trails connecting
community parks, civic uses, mixed -use and transit stops designed to be
pedestrian friendly to avoid unnecessary automobile trips.
The University Park community design includes a series of sidewalks and bike
pathways located along a backbone roadway network or integrated within sloped
greenways, all connecting to the mixed use village center. All sidewalks are
separated by landscaped parkways to enhance the pedestrian experience. Dual
bike pathway/electric cart lanes may be provided in addition to provision for bus
transit stops strategically located to enhance usage and reduce unnecessary
+ automobile trips.
o Traditional Street Network. To design a hierarchy of streets connected in a
ru, modified grid network with a variety of routes for pedestrians and vehicles,
resulting in narrower streets with slower traffic, creating a visually favorable
and comfortable environment for pedestrians and bicyclists.
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The community street system includes a modified grid street design within
residential neighborhoods connected to the central themed backbone roadway.
The neighborhood streets are to be designed to be narrower and include shorter
streets and other methods to slow traffic. The backbone roads generally bring
traffic into the project in an east/west configuration orienting the arrival
experience towards the mixed -use village center. Each backbone roadway
includes parkways with sidewalks placed away from the travel lanes and each
begins and ends with focal points designed to reinforce the sense of arrival.
o Main Street Environment. To design retail areas to a human scale with
storefronts oriented to the street providing a "Main Street" atmosphere for
strolling and shopping, all within walking distance from most homes.
The Mixed Use District includes retail office and commercial uses as well as High
Density residential under certain conditions, with varied massing, pedestrian
plazas, and parking adjacent to the backbone roadway providing a "Main Street"
atmosphere. A generous pedestrian plaza walk with urban landscaping (tree
grates, planters, and other streetscape amenities) adjacent to the retail uses and
short-term parking will provide for outdoor eating opportunities and a vibrant
Section I — Introduction 1-2 April 16, 2004
UNIVERSITY PARK
OOP
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environment, while enhancing the overall pedestrian experience and safety.
Pedestrian plazas will be designed to enhance continuity between retail uses and
provide areas for the community to congregate and socialize in a centralized
area. Higher density residential uses and live/work units are located within the
immediate vicinity providing for a more vital, urban atmosphere.
Public Spaces. To create plazas, parks and community gathering places
placed within centralized areas providing synergy between adjacent land
uses.
University Park's design allows for centralized retail, commercial, retail, office,
residential and recreational uses near the future CSU / UCR campus to be
connected through a series of plazas and meeting spaces, acting as the gateway
to the community. Public parks are located adjacent to residential areas
providing opportunities for neighbors to meet and greet each other — and children
to play with one another — all within a safe environment. Several community
recreational facilities are proposed, including an 8.4-gross acre quasi -public park
with optional community facilities that may include a fire station or community
center, a 6.0-gross acre sports park and a 1.9-gross acre neighborhood park. In
addition, a pedestrian pathway system is proposed to extend throughout the
community.
Mix of Housing. To provide the University Park community with a range of
housing types, a variety of single-family detached and attached homes,
apartments, and live/work units for small at-home businesses, providing for
ownership and rental opportunities.
A variety of residential housing types and varying architectural styles from estate
homes to live/work units are provided, all designed to address varying lifestyle
needs such as families, singles, students, executives, retirees, and empty nester
housing.
B. LAND USE AND CIRCULATION
1. Land Uses
The University Park Land Use Plan is based on traditional neighborhood design
planning principles, emphasizing connectivity between neighborhoods with a
mixture of housing products, retail, commercial, office, and parks through a
modified grid street system and a series of bikeways and pedestrian paths.
University Park is based on five distinct Districts providing the land use
1.0
framework, the relationships of those uses and backbone infrastructure (i.e.
roads, public services). The five Districts include: Residential, Commercial,
Office Professional, Mixed Use and Public Parks. The Village Center along
Cook Street includes a combination of Planning Areas including commercial,
office, mixed use, and a public park adjacent to the future CSU / UCR campus.
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To ensure quality high -density development within the Residential District, a
"High Density Overlay" designation may be applied to all Medium Density
Residential designations subject to the approval of a zone change. The High
Density Overlay provides for opportunities to develop multi -family residential
•� Section 1 — Introduction 1-3 April 16, 2004
UNIVERSITY PARK
units with a density range of between 10-22 dwelling units per acre within the
medium density residential areas provided that each proposal is shown to be
consistent with the following performance criteria and that a zone change to High
Density Residential is approved by the City Council:
❑ The percentage of residential units, whether single or multi -family, that
""' shall be available for ownership.
❑ High -density residential neighborhoods shall be located in proximity and
have convenient access to public transportation.
tat ❑ High -density residential development shall be located in proximity to
schools, parks and commercial services, which shall be accessible by
means of non -motorized vehicle routes.
,., ❑ The percentage of proposed high -density units to be reserved to meet
the affordable housing needs of the community.
❑ Adequacy and usability of landscaped open space planned internal and
integral to the design of high -density developments.
❑ Development plans reflecting creative and innovative design in site
planning, building design and landscape treatment, consistent with the
General Plan Community Design Element.
` ❑ Development proposals with high -density residential units shall include
analyses of the potential fiscal impacts of the development.
As part of processing high -density development proposals, the City Council shall
review projects for conformance with the above performance criteria and shall
provide final approval.
a. Residential
The Residential District is defined by Planning Areas. A total of nine residential
Planning Areas are located within University Park. Each neighborhood would
incorporate specific traditional design principles including connectivity between
I,, neighborhoods through a series of pedestrian pathways and streets. The
residential Planning Areas are intended to accommodate projects comprised of
quality residences at a density range of approximately 4 to 10 dwelling units, with
siftdiscretionary approval of up to 22 dwelling units per acre within the Medium
Density Planning Areas. Refer to Figure 1, Land Use Plan. Residential
neighborhoods include the following:
` ❑ Low Density: Low density, single family neighborhoods encompass 80.1
gross acres with a density range of 1 to 4 dwelling units per acre. These
neighborhoods will follow a variety of traditional Southern California and
desert architectural styles for new homes. Neighborhoods are envisioned
to be pedestrian -friendly with 1- and 2-story homes oriented to streets
that encourage walking and neighborliness.
1110
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❑ Medium Density: Medium density neighborhoods encompass 131.1
gross acres with a density range of between 5 to 10 dwelling units per
acre. Neighborhoods are envisioned to include a more tight -knit fabric of
homes including town homes and condominiums, in addition to detached
homes with front porches, and variations of garage placement (e.g. alley
and courtyard accessed, or recessed behind, the front facade).
Section I — Introduction 1-4 April 16, 2004
UNIVERSITY FARK
LAND USE EXI-IIISIT
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UNIVERSITY PARK
High Density: High -density neighborhoods, with a density range of
between 10 to 22 dwelling units per acre may be approved within the
Medium Density Planning Areas. These neighborhoods will include
primarily apartments and could include higher density condominiums.
Final location of these high -density products will require City Council
approval.
b. Commercial
The Commercial District encompasses 37.0 acres of commercial uses including
retail shops, restaurants, and related services. Attention to architectural details
and pedestrian -friendly design elements will reinforce the community's image as
a place in which to live, work, shop (e.g., plazas, benches, landscaping) and
recreate with emphasis on creating a main street theme with storefront shops
and parking.
c. Office Professional
The Office/Professional District will encompass 7.4 gross acres located adjacent
a mixture of uses, providing nearby residents with workplaces and nearby
commercial businesses with daytime customers. Office buildings are envisioned
to have unique architectural treatments and details that reinforce the
community's commitment to a pedestrian -friendly setting.
d. Mixed Use
•• The Mixed Use district will encompass 24.8 gross acres with a mixture of uses to
provide diversity in this area and will include retail, commercial, office, live/work
units, public plazas, and meeting spaces all strongly linked to the future CSU /
— UCR Campus. Similar to the commercial area a "main street" with pedestrian
scale storefronts and parallel street parking will contribute to fostering a vital
sense of community in University Park for both residents and visitors. High
.• Density residential uses may be integrated within mixed -use projects subject to
conformance with the High Density Overlay performance criteria.
e. Public Parks
The Public Parks District includes 16.3 gross acres of public parks that provide
Palm Desert residents with new opportunities for recreational activities, day care
centers, community centers, fire station, and other similar uses.
N ISI
"' Section 1 — Introduction 1-6 April 16, 2004
UNIVERSITY PARK
2. Circulation Network
a. Internal Circulation System
University Park's internal circulation system provides a hierarchy of streets, laid
out in a modified grid pattern to allow for multiple routes to each destination,
while discouraging vehicular through -traffic on residential neighborhood streets.
Refer to Figure 2, Circulation Plan. Figures 3 and 4, Street Sections, illustrate
the multi -modal nature of each street with right-of-way allocations that may
include pedestrians, bicycles and private vehicles.
.• "A'; "B" & "C" Streets
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"A", "B" and "C" Streets are designated as collector streets serving local traffic
within University Park. As illustrated on Figure 3, Cross Sections, these streets
will be designed to include a 76-foot right-of-way with a two lane divided
roadway, separated by a 12-foot raised median. A 6-foot bicycle/golf cart lane
and a 14-foot parkway, including a 6-foot pedestrian pathway separated from the
street by an 8-foot landscape strip, would be provided on both sides. An
additional 10-foot minimum private landscape easement along "A" Street is
proposed adjacent to both sides of this roadway adjacent to the public right-of-
way. These streets may include expanded rights -of -way at intersections for
construction of right turn lanes.
"D" Street
This street is designated as collector streets serving local traffic within University
kus Park. As illustrated on Figure 3, Street Sections, this street will be designed to
include a 76-foot right-of-way with a two lane divided roadway, separated by a
12-foot painted median. A 6-foot bicycle/golf cart lane and a 12-foot parkway,
.w including a 6-foot pedestrian pathway separated from the street by a 6-foot
landscape strip, would be provided on both sides. An additional 10-foot
minimum private landscape easement is proposed adjacent to both sides of this
roadway adjacent to the public right-of-way.
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"E" Street
"E" Street extends west from Cook Street, which serves as one of the major
entries of the project. This street provides direct access from Cook Street to
Commercial uses north of "E" Street and Mixed Uses south of "E" Street. "E"
Street terminates at the intersection with "A" Street and turns into "C" Street. As
illustrated on Figure 3, Cross Sections, "E" Street will be designed to include a
90-foot right-of-way with a two lane divided roadway, separated by an 18-foot
median. A 12-foot parkway adjacent to the curb, including a 6-foot pedestrian
pathway separated from the street by a 6-foot landscape strip, would be provided
on both sides. An additional 8-foot minimum private landscape easement is
proposed adjacent to both sides of this roadway adjacent to the public right-of-
way. Refer to Figure 3, Street Sections.
'W Section I — Introduction 1-7 April 16, 2004
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Figure 3
UNIVERSITY PARK
b. Perimeter Circulation System
Cook Street
Cook Street serves as the eastern boundary of the project, extending south from
Gerald Ford Drive to Frank Sinatra Drive. This designated thoroughfare
provides direct access to commercial and mixed uses in the eastern and
southeastern portion of the project. Currently, Cook Street is partially improved
on the eastern side with an ultimate right-of-way of 134-feet. The half -width
improvements of the roadway adjacent to the project will include a varying raised
median; three travel lanes, a 12-foot parkway adjacent to a 20-foot sidewalk
easement. The 20-foot sidewalk easement will include a meandering 8-foot
sidewalk. Refer to Figure 4, Street Sections.
Gerald Ford Drive / Frank Sinatra Drive / Portola Avenue
Gerald Ford Drive serves as the northern boundary of the project, extending east
from Portola Avenue and southeast to Cook Street. This partially improved
roadway arterial roadway is located adjacent to mixed use and residential uses in
the northern portion of the project and commercial uses in the northeastern
portion of the project. Currently, Gerald Ford Drive is partially improved on the
northern side with an ultimate right-of-way of 110-feet. As part of project
development, half -width improvements of this roadway will be required.
Improvements include 9-feet of median, 4-foot parkway, and 42 feet of paving
within the existing right-of-way. In addition, a 20-foot Sidewalk/Landscape/Public
Utility Easement adjacent to the public right-of-way will be provided and include a
meandering 8-foot sidewalk.
Frank Sinatra Drive serves as the southern boundary of the project, extending
west from Cook Street to Portola Avenue. Frank Sinatra Drive provides direct
access to office and mixed uses in the southern portion of the project. Portola
Avenue serves as the western boundary of the project, extending south from
Gerald Ford Drive to Frank Sinatra Drive. Portola Avenue provides direct access
to residential and mixed uses in the northwestern portion of the project. Both
roadways will require half -width improvements and include 9-feet of median, 4-
foot parkway, and 42 feet of paving within the existing right-of-way. In addition, a
20-foot Sidewalk/Landscape/Public Utility Easement adjacent to the public right-
of-way will be provided and a meandering 8-foot sidewalk.
", Section I — Introduction 1-10 April 16, 2004
west
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Figure 4
UNIVERSITY PARK
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c. Local Residential Streets
Residential streets within University Park are to be designed in a grid pattern and
narrower to provide for a more pedestrian scale experience. Two Alternative
residential street sections are provided to enhance opportunities for more
traditional site planning.
Alternative 1
Alternative 1 includes a 46-foot right-of-way with one lane in each direction, a 7-
foot parking lane on each side, adjacent to a rolled curb and 5-foot sidewalks.
As part of the street design, 7-foot by 6-foot pop -outs are to be located at
intersections and key locations along the residential street, providing additional
landscaping and placement of street trees.
Alternative 2
Alternative 2 includes a 36-foot right-of-way with one lane in each direction and
parking lanes on each side, a 1-foot rolled curb on each side.
d. Traffic Calming Devices
Traffic calming is used to describe strategies and techniques designed to slow
down traffic and improve safety. Traffic calming is used to adjust the flow of
traffic to levels compatible with surrounding land uses, such as residential
neighborhoods, parks, schools and pedestrian -oriented shopping areas. Traffic
calming devices within University Park including the incorporation of shade trees
along major roadways to slow traffic, reduce noise, and enhance pedestrian
safety are encouraged. The reduced speed and traffic noise contributes to a
safer and more livable neighborhood in which to walk, bike and drive. Refer to
Figure 5, Traffic Calming Devices. Final designs of traffic calming devices are to
be reviewed and approved prior to Precise Plan approval.
Traffic calming within University Park is designed to address the following:
• Reduction in traffic speeds.
al Reduction in traffic related noise.
• A safe and pedestrian friendly circulation system to encourage walking.
o Allow for non -restricted access for emergency services vehicles such as
police, fire and ambulances.
Other factors affecting traffic speeds are those that influence the driver's
perception of the roadway such as:
• Type of adjacent development and distance of development from the
roadway.
o Frequency of access points onto the roadway.
▪ Roadway alignment.
"" Section 1— Introduction 1-12 April 16, 2004
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UNIVERSITY PARK
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Type and massing of landscaping adjacent to the roadway.
• Frequency of traffic control devices along the roadway.
o Narrowness of travel lanes.
The following traffic calming techniques may be implemented in the design of
. ,, roadways within University Park.
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Theme Boulevards ("A", "C", and "E" Streets)
Theme boulevards within University Park should be designed to be separated by
a raised, landscaped median. Landscaping creating texture and shade that
reduces the perceived scale of the street, may be installed along Theme
Boulevards as a traffic calming mechanism. Roundabouts rather than controlled
intersections could be located within busy nodes of the individuals planning
areas to reduce traffic speeds and enhance flows.
Local Residential Street Design
Residential streets within University Park are to be designed in a grid pattern
with a short street design and landscaping to slow traffic down.
e. Sidewalks and Pathways
A series of sidewalks and bike pathways are incorporated into the plan to provide
for pedestrian and bicycle uses, as well as golf carts. Connectivity of community
elements via sidewalks and pathways encourages less dependency on the
automobile and increases the mobility of those who do not drive, whether
youthful or elderly.
Sidewalks and pedestrian pathways within the community will range from
meandering 6-foot sidewalks on "A", "C", and "E" Streets to ideally wider
sidewalks (i.e. 8-foot sidewalks) along Gerald Ford Drive and Cook Street, as
well as a series of 5-foot minimum pathways incorporated into or adjacent to
slope greenways providing internal neighborhood connectivity. Refer to Figure
2, Circulation Plan. Final improvements shall be based upon the design
standards contained in the Parks and Recreation Element of the Palm Desert
General Plan
University Park will include a series of striped (Class II) pathways providing
connectivity throughout the community. The Class II pathways are to be located
within "A", Street. Final improvements shall be based upon the design standards
contained in the Circulation Element of the Palm Desert General Plan and more
specific design criteria established by Caltrans (Highway Design Manual,
Bikeway Planning, and Design Standards).
asio Section 1 — Introduction 1-14 April 16, 2004
UNIVERSITY PARK
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II. DEVELOPMENT CRITERIA
A. PURPOSE
The purpose of the development criteria is to ensure that development of University
Park reflects the guiding principles of traditional design to ensure the livability of the
overall community. Application of the development criteria during the Precise Plan
review and approval phase, provides the vehicle to protect and maintain the long-
term quality and value invested in the community. Further, it will provide more
design opportunities for the applicant to enhance design creativity and reduce
neighborhood monotony.
1. Use of Criteria
The development criteria provides identification of design features (e.g. single
family, multi -family, etc.) to be addressed during the Precise Plan review and
a listing of potential development components. A variety of components are
identified to provide the applicant flexibility in design solutions. The applicant
is encouraged to provide alternative criteria that are not addressed within this
section, in so far as, the criteria meets the intent of the guiding principles in
the Development Plan and achieves the goals and objectives of the General
Plan. As such, the criteria forms the basis for the evaluation of Precise Plans
and specifications submitted for review and approval to the City of Palm
Desert.
2. Applicability
The University Park Development Plan is a regulatory plan, which, upon
adoption by ordinance will constitute the basic land use and development
criteria of the property. Development plans or agreements, tract or parcel
maps, precise development plans or any other action requiring ministerial or
discretionary approval of the subject property shall be consistent with the
Development Plan. Actions deemed to be consistent with the Development
Plan shall be judged to be consistent with the City of Palm Desert General
Plan as mandated in California Government Code, Section 65454. Should the
regulations contained herein differ from the regulations of the City of Palm
Desert Zoning Ordinance, the regulations of the Development Plan shall take
precedence.
3. Definitions
Unless otherwise specified herein, terms used in this document shall have
the same definitions as provided in the City of Palm Desert Zoning Ordinance
Chapter 25.04, "Definitions."
4. Severability
In the event that any regulation, condition, program, portion, or policy of this
Development Plan or the application thereof to any person or circumstance is
held to be invalid or unconstitutional by any court of competent jurisdiction,
Section 11 — Development Criteria
11-1 April 16, 2004
UNIVERSITY PARK
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such portions shall be deemed separate, distinct, and independent provisions
and shall not affect the validity of the remaining provisions of this
Development Plan, Development Agreement, or applications thereof which
can be implemented without the invalid provision or application.
5. Review and Approval Process
When development of a specific Planning Area is proposed, an application for
approval of a Precise Plan shall be filed with and shall be approved by the
Planning Commission if the Precise Plan is consistent with the provisions of
the Development Agreement, the General Plan, and this document. A
Precise Plan may cover one or more Planning Areas of the Project. If a
Precise Plan is proposed for an area Tess than a complete Planning Area, a
schematic land use plan for the entire Planning Area shall be submitted for
that Planning Area. That schematic land use plan shall show that the partial
development of the entire Planning Area will not inhibit the overall
development of the Planning Area. Subdivision maps, if required, may be
submitted and processed concurrently with the Precise Plan application.
High -density development within the High Density Overlay Zone shall require
City Council approval as part of the application process. The applicant shall
submit documentation regarding conformance with specific performance
criteria to the City for review and approval.
6. Plan Concept
The University Park Development Plan is designed to provide a range of
residential densities to accommodate a variety of housing and commercial
products within the City of Palm Desert. The Development Plan will
emphasize promoting a quality development and an aesthetically pleasing
living environment.
University Park is designed for an urban environment with available public
services and infrastructure and with parks nearby. Public parks, and
.. recreational amenities are located in areas to best serve the community in
terms of access and project phasing.
..
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The community structure of University Park is based on residential, mixed
use, commercial, office, and open space uses. The community design
framework consists of major entry, secondary entries, and streetscapes, with
an easily identifiable street and circulation hierarchy, developed with a strong
use of landscape elements.
The project as a whole will be compatible with surrounding land uses and
consistent with the land use policies of the City of Palm Desert's General
Plan.
Section 11 — Development Criteria
11-2 April 16, 2004
UNIVERSITY PARK
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7. Planning Area Design Considerations
Landform Design
The University Park development is located within a highly sloped/hillside
area within the City of Palm Desert that includes an elevation increase in
excess of 80 to 100-feet from the south to the north. As with most typical
sloped/hillside developments, the roadways and homes are designed parallel
to the contours, reducing the amount of grading and manufactured slopes
along the roadways. The University Park development is unique in that a
traditional neighborhood design with a semi -grid road system has been
incorporated, resulting in roadways being developed diagonal to the contours,
typically requiring large slopes to be located at the perimeter of the
neighborhood. As part of the University Park site design, landform guidelines
are provided to ensure that slopes are dispersed across the neighborhoods,
reducing large slopes on the perimeter.
Landform guidelines for development of traditional neighborhoods within
hillside areas should provide a balance of the slopes within the
neighborhoods, rather than large slopes along the perimeter of the
neighborhoods. Slope heights should be minimized, with slopes of between
2:1 to 5:1 located within side yards and public spaces. Slopes within
residential areas should be designed along the side yards rather than large
slopes within the backyards. This can be achieved through designing the
roadways diagonal to the slope. The design of smaller slopes within
neighborhoods will enhance opportunities to ;ncorporate a series of
pedestrian pathway extending within the slope areas connecting
neighborhoods. Terracing slopes may also be incorporated within public
open spaces through the use of small retaining walls and the design of
buildings that include a partial subterranean level. Opportunities for
enhanced slope stabilizations through the use of landscaping materials may
be applicable depending on the grade variation and vegetation type.
Drainaae
The stormwater runoff from the University Park Development will drain to
retention basins located within the boundaries of each of the created parcels.
Stormwater will be contained within the on site streets and directed to curb
inlet catch basins that will convey drainage directly into the basin. The basin
will be sized based on the 100-year 24-hour storm, and in accordance with
City of Palm Desert Guidelines.
Section 11 — Development Criteria
11-3 April 16, 2004
UNIVERSITY PARK
B. RESIDENTIAL DISTRICT
A total of nine Planning Areas define the Residential District within the overall
community. Each residential Planning Area will incorporate traditional design
principles including a range of residential densities to accommodate a variety of
housing products, the inclusion of at least one centrally located recreational element
per neighborhood, and connectivity between neighborhoods through a series of
pedestrian pathways and streets. The residential neighborhoods are intended to
accommodate projects comprised of quality residences at a density from
approximately 4 to 10 dwelling units per acre, with the potential for up to 22 dwelling
units per acre for development within the "High Density Overlay".
A. Categories of Residential Uses
Residential Category Planning Area
Low Density 13
Medium Density 2, 4, 5, 8, 6, 11, 14
Allowed within areas
High Density Overlay designated as Medium
Density
1. Single Family — Low Density
Density Range
1-4 du/acre
5-10 du/acre
11-22 du/acre
Intended Character: The Low Density Land Use Designation is intended to provide
for the development of single-family detached homes with a density range of 1-4
dwelling units per gross acre. Single Family Low Density criteria are provided below.
Refer to Figure 6, Typical Single -Family — Low Density and Figure 7, Typical Single -
Family Residential Setbacks.
Section 11— Development Criteria
11-4 April 16, 2004
UNIVERSITY PARK
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a. Low Density Development Standards
Average Lot Size/Area:
Minimum Lot Size:
Minimum Lot Width
Minimum Lot Depth
Lot Coverage°
(Main Structure & Accessory Structures)
Front Yard Setbacks (min)
Main living area
Open Porch
Garage (front access)
Garage (side -in access where provided)
Rear Yard Setback (min)
Side Yard Setback (min)
Interior
Corner/Street
Garage
Building Height
Primary Structure 2
Accessory Structure
Projections/Architectural Features
8,000 square feet conventional Tots
7,200 square feet
70 feet
35 feet - knuckles & cul-de-sacs
measured at property line
90 feet
45%
20 feet - from back of curb'
10 feet - from back of curb'
20 feet - from back of sidewalk'
15 feet - from back of sidewalk'
20 feet,
0 feet - for garage only 3
14 feet combined, 5 ft. min.
0 feet - for garage only 3
10 feet
20 feet - from back of sidewalk'
24 feet/2 stories
10 feet
5 feet above primary structure
1. Where no sidewalks are provided, setbacks shall be measured from the back of curb.
2. Building heights of 24 feet provide for larger interior spaces (e.g. 9 to 10 — foot ceilings) and
increase architectural design opportunities with incorporation of variations in the pitch of the
roof design.
3. A 0-foot interior side yard or rear yard setback may be applied, incompliance with UBC
requirements.
4. Projections/Architectural Features cannot exceed 10% of the building footprint.
Section II — Development Criteria
11-5 April 16, 2004
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2 CAR WITH REAR ACCESS SIDE -ON
SWING -IN GARAGE GARAGE GARAGE
NOI 10 SCALE
CONSULTING +." •
TYPICAL SINGLE-FAMILY - LOW DENSITY
Figure 6
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ar REAR YARD
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FRONT YARD 10' MIN.
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TYPICAL SINGLE-FAMILY - 7,000 SF
IINTERIOR LOT
NOT TO SCALE
- Is . .
CONSULTING JN20l1:0410 J0I
20'
FRONT rill 110.
YARD
20'
AIN.
TYPICAL SINGLE-FAMILY - 7,000 SF
SIDE -ON GARAGE
REAR YARD 20'
20'
MIN.
FRONT YARD
TYPICAL SINGLE-FAMILY - 7,000 SF
CORNER LOT
TYPICAL SINGLE-FAMILY
RESIDENTIAL SETBACKS
Figure 7
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b. Parking
1) Parking shall be provided in accordance with Chapter 25.58 of the Zoning
Ordinance except as specifically provided herein.
2) Residential uses shall provide a minimum of two covered (within a
garage) spaces per dwelling unit.
c. Allowable Uses
1) As prescribed in Chapter 25.16 of Zoning Ordinance
d. Design Obiectives
The design standards in this section seek to address the following objectives.
1) Create residential neighborhoods that provide interest and are visually
pleasing.
2) Present an image of high quality development adjacent to highways,
arterials, and collector streets and schools, parks, and open space.
e. Site Planning
1) Th sittin"f buildings should take advantage of natural views.
2) Resign ial delling units should be sited to take advantage of solar and
wind efficiencies where possible.
3) Placement of residential garages should include a variety of locations
(refer to Figure 8, Garage Locations):
a. Garages recessed at least 5 feet behind the main front facade.
b. Side-entry/swing-in garage.
c. Side drive garage (attached or detached).
4) A minimum of 20% of the homes within the single-family low density
Planning Area shall have side -drive or swing -in garages.
5) Roll -up garage doors with automatic openers are required.
0. 6) 3 and 4-car garages shall include separations beyond the two -car garage
structure, by either facade articulation with setback or separate structure.
MN
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Section II — Development Criteria
11-8 April 16, 2004
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rear yard
l
front yard
driveway
FRONT LOADED GARAGE WITH
SIDE -IN GARAGE
rear yard
4
porch
4 front yard
driveway
rear yard
5' min.
po►chl driveway
�1
RECESSED FRONT LOADED GARAGE
mar yard
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driveway
SIDE DRIVE GARAGE SWING -IN GARAGE
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(may be Detached or Attached)
(with optional second garage)
NOT TO SCALE
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CONSULTING IN 20IO042C CO,
GARAGE LOCATIONS
Figure 8
UNIVERSITY PARK
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f. Mixture of Housing Types
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1) Within each neighborhood sub -area, a mix of housing floor plans is
required. Each builder of single-family detached homes shall provide at
least three floor plans for each housing type being built. Each floor plan
shall have a minimum of three different elevation variations.
Proiections Into Required Yards
Residential roof overhangs and decorative architectural features such as
fireplaces, bay windows, and similar elements may project a maximum of 2
feet into any required side yard setback. Structural features such as exposed
staircases and balconies may encroach a maximum of 4 feet into any
required rear yard setback.
h. Lot Coverage
Lot coverage for detached homes is an average of 45%, including roof
structures. Lot coverage may exceed 45%, but cannot exceed 50%, when
appropriate design is demonstrated to merit the increase.
i. Building Height
1•
1) The building height of single-family detached homes shall not exceed 2
stories, with a maximum height of 24 feet. Building heights provide for
opportunities to increase living spaces (e.g. 9 to 10 foot ceilings) and
provide architectural variations in the roofline (e.g. varying roof pitches).
Rooflines shall be appropriate to the architectural style.
2) Architectural features such as, but not limited to, weather vanes,
chimneys, etc. as are appropriate to the architectural style of the home
may extend above the maximum building height of the primary structure.
3) Accessory structures are limited to 10 feet, or 10 feet below the building
height of the primary structure, whichever is greater.
Lot Width
Lot width shall be measured at the front yard setback. Lot widths for
knuckles and cul-de-sacs shall be a minimum of 35-feet measured from the
front yard property line.
k. Architecture
1) There is no specific architectural style required. Diversity is encouraged,
with the goal to create high quality, human scale, and architecturally
detailed buildings.
Section II — Development Criteria
11-10 April 16, 2004
UNIVERSITY PARK
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2) Architectural style should consider compatibility with surrounding
character, including harmonious buildings style, form, size, color,
materials, and roofline.
3) Building details and architectural elements should be employed on all
building elevations, and should not be limited to only the front facade.
4) Building forms should be designed to create and define a visually
attractive and functional exterior.
5) Enhanced architectural elements are strongly encouraged when exposed
to public view or adjacent to open space (e.g. trim surrounds, pot -shelves,
recessed windows, shutters, and structural projections).
6) Architectural elements (e.g. overhangs, shade structures, window
coverings) should be located along the western and southern sides of
buildings to provide shade and reduce solar exposure.
I. Mass and Scale
1) Building masses should be varied from plan to plan and elevation -to -
elevation. Use of different building heights, staggered setbacks, and
varied garage locations to enhance the street scene appearance is
strongly encouraged.
2) The use of one-story elements such as porches is encouraged to provide
undulation and variation within the building form.
- 3) One-story massing on exposed side and front elevations is encouraged,
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especially on corner lots.
4) Large expanses of unarticulated flat wall planes are not allowed.
Buildings should incorporate articulated wall planes and varied massing
elements.
m. Materials and Colors
1) The color of exterior surfaces should harmonize with and complement the
natural colors of the area. The color palette should take into
consideration the building's primary color, accent colors, and the color of
the garage doors.
2) Patio trellises, arbors, sunshades, gazebos, and other accessory
structures should be consistent with the colors and materials and integral
to the architectural style of the structure.
3) Exterior wall surfaces should be of materials that blend and complement
the natural landscape. Plaster or stucco should be smooth, sand, Tight
lace, or semi -smooth finish, and should complement the architectural
style of the elevation.
Section 11 — Development Criteria
11-11 April 16, 2004
UNIVERSITY PARK
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4) Accent materials may include wood, brick, tile, and appropriate stone
veneers.
5) Materials that are highly reflective, or that form a high contrasting or
graphic pattern causing visual distraction, are strongly discouraged.
n. Roofs
1) A variety of roofline designs is encouraged to promote visual interest.
2) Roof types should be limited to traditional forms including gable, hip, shed
and appropriately designed flat roofs.
3) A variety of plate heights and ridge heights are encouraged.
4) Accessory structures should have roofs similar (e.g., shapes and
materials) to be compatible with the primary structure.
5) Roofing materials should be real clay tiles, slate, "S" or flat tiles
manufactured of concrete, simulated slate, or shingles manufactured from
concrete. Unacceptable roofing materials include wood shakes/shingles,
and asphalt shingles.
6) Varying roof colors are encouraged but should be compatible with
neighboring elevations.
7) Roof vents and appurtenances shall be painted to match the roof color.
8) Roof mounted mechanical equipment shall not be permitted. Solar
panels whose collecting surfaces are parallel with and lie on the
underlying roof surface are allowed. These should not be placed on front
elevations unless another suitable location is not available.
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VII, ROOF
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Section 11 — Development Criteria
11-12
April 16, 2004
UNIVERSITY PARK
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o. Garages
1) The intent of requiring garage placement variations is to create a variety
in the street scene, refer to Figure 7, Garage Locations. Repetition or
excess of use of any one garage placement option is not permitted.
WOW 2) The impact of repetitive street -front garages can be reduced by:
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a. Varying garage placement within neighborhood plotting plan by
alternating plans with different garage types when plotting adjacent
homes;
b. Varying garage door appearance by changing garage door pattern,
windows, and/or color as appropriate to individual architectural styles,
and, where possible, use two single doors instead of a large door;
c. Buffering the view impact of garages and doors by adding optional
garage treatments that occur forward of the garage such as
overhangs or porte cocheres.
3) Garage doors shall be recessed by at least eight (18) inches behind
structural facade.
4) The placement and orientation of garages shall be varied. Variations
include:
a. Garages recessed behind the front facade;
b. Side-entry/Swing-in garage; and
c. Side Drive Garage (attached or detached);
5) Side -on street garages shall be provided with the same level of
architecture detail and shall incorporate major themes and design
elements of the front elevation.
6) Garages shall be fully enclosed and equipped with an automatic garage
door opener. Carports are not permitted.
LandscaDina
1) Non -toxic drought tolerant vegetation should be utilized, incorporating
appropriate landscape materials for the desert. Turf areas should be kept
to a minimum.
2) Landscaping shall be incompliance with State Assembly Bill AB 325, the
.r+ Water Conservation in Landscaping Act.
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3) Deciduous trees are encouraged to be incorporated along the southern
and western exposure of buildings, providing shade in the summer and
Tight in the winter.
Section II — Development Criteria
II-13 April 16, 2004
UNIVERSITY PARK
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4) Homeowners should be encouraged to limit turf areas used in conjunction
with other landscaping design elements to reduce water usage,
maintenance time, and expense.
5) All right-of-way landscaping shall utilize low -water -use plant material
whenever feasible with a view towards ease of maintenance.
6) Landscaping should be used to frame, soften, and embellish the quality of
the residential environment, to buffer units from noise or undesirable
views, and to break up large expanses of parking.
7) Layered tree shrub/turf plants and decorate hardscape features
complementary to protect site and building design should be utilized to
enhance the visual character of the project.
8) A minimum of two 24-inch box canopy trees shall be provided within each
front yard. Street trees count towards this requirement.
9) Street trees shall be provided as part of the front yard landscape
requirements and to provide diversity through species selection and
setback requirements.
10) The Landscape Plan should incorporate a deep watering irrigation system
(as prescribed per City of Palm Desert Landscape Concepts Guide).
11) The developer of each phase of development shall incorporate water
conservation techniques and irrigation appropriate for desert landscape.
A Final Irrigation Schedule shall be prepared based on historic evapo-
transpiration rates for landscape areas, plant factors of the plant palette,
slope factor, micro -climate factor, root depth and shall cover a one-year
period with a separate schedule for each month of the year.
12) The developer shall install landscaping in conformance with the City's
Landscape Ordinance for slopes of 10-foot vertical height or greater. The
slopes shall be maintained by either the Homeowners Association or
individual homeowner depending on the location of said slope.
2. Residential — Medium Density
Intended Character: The Medium Density Residential Land Use Designation
is intended to provide for the development of a range of single-family
detached and attached product types with a density range of 5-10 dwelling
units per acre. The intent is to accommodate a variety of product types and
styles that appeal to a range of market segments. The development
standards allow a variety of densities and styles yet maintain the overall limits
on the total number of dwelling units. Refer to Figure 9, Typical Single -Family
— Medium Density. Refer to the High Density discussion regarding
applicability.
Section 11 — Development Criteria
11-14 April 16, 2004
UNIVERSITY PARK
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Medium Density Development Standards
Average Lot Size:
Minimum Lot Size
Lot Coverage (Main Structure)
Front Yard Setbacks (min)
Main Residence
Main Living Area
Open Porch
Garage (front access, where provided)
Garage (side -in access)
Rear Yard Setback
Side Yard Setback
Interior
Corner/Street
Garage
Building Height
Primary Structure
Accessory Structure
Projections/Architectural Features
3,500 sq. ft.
3,000 sq. ft.
55%
15 feet
10 feet
20 feet - from back of sidewalk2
10 feet - from back of sidewalk2
15 feet
5 feet/ 0-feet for garage
10 feet
Same as house
24 feet/2 stories
20 feet (main building envelope)2
5 feet above primary structure
1. The percentage of lot coverage shall provide for a more cohesive design with the uncovered areas
to be usable spaces. Final design shall be determined during the Design Review Process.
2. Where no sidewalks are provided, setbacks shall be measured from the back of curb.
3. Subject to review and approval by the Architectural Review Commission.
a.
Parking
1) Parking shall be provided in accordance with Chapter 25.58 of the Zoning
Ordinance except as specifically provided herein.
2) Single-family residential uses shall provide two covered (within a garage
or carport) spaces per dwelling unit.
3) Triplexes shall provide parking in accordance with multi -family standards.
Section II — Development Criteria
II-15 April 16, 2004
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NOT TO SCAT F
CONSULTING +.• +.
TYPICAL SINGLE-FAMILY - MEDIUM DENSITY
Figure 9
UNIVERSITY PARK
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b. Allowable Uses
1) As prescribed in Chapter 25.18 of the Zoning Ordinance.
c. Design Objectives
The design guidelines for medium -density developments are based on the
following objectives.
1) Establish medium -density residential architectural designs that
complement various neighborhood characteristics, contribute to
.. neighborhood compatibility, and support high quality development.
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2) Provide attractive, functional, and convenient site arrangements.
3) Encourage landscape designs that enhance the appearance of medium -
density developments and contribute to the overall quality of the
community.
4) Provide for amenities and passive recreational activities appropriate to
the different age groups of medium -density developments within the
project.
5) Apply design principles that enhance safety and security within medium -
Imp density developments.
d. Site Planning
1) The citing of buildings should take advantage of natural views.
r, 2) Residential dwelling units should be sited to take advantage of solar and
wind efficiencies where possible.
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3) Linkages (e.g., walkways, common landscape areas, building orientation)
between residential areas and commercial areas are strongly
encouraged.
7) The placement and design of residential dwelling units should convey a
visual link to the street and sidewalks.
8) Garages with common access drives should be accented with trees
between garages to soften the architecture, provide shade, and screen
unattractive areas.
9) Minimize solar exposure through the incorporation of overhangs to cover
exposed glass.
Section II — Development Criteria
11-17 April 16, 2004
UNIVERSITY PARK
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e. Architecture
1) There is no specific architectural style required. Diversity is encouraged,
with the goal to create high quality, human scale, and architecturally
detailed buildings.
2) Architectural style should consider compatibility with surrounding
character, including harmonious buildings style, form, size, color,
materials, and roofline.
3) Building details and architectural elements should be employed on all
building elevations, not just in the front facade.
4) Building forms should be designed to create and define a visually
attractive and functional exterior.
5) Enhanced architectural elements are strongly encouraged when exposed
to public view or adjacent to open space (i.e. trim surrounds, pot -shelves,
recessed windows, shutters, structural projections).
6) Architectural elements (e.g. overhangs, shade structures, window
coverings) should be located along the western and southern sides of
buildings to provide shade and reduce solar exposure.
7) Orient the building for natural air flow, to the extent feasible.
f. Mass and Scale
g•
1) Architectural design treatments such as building offsets, recessed
windows, trellises, overhangs, or other features shall occur on those
facades of the residence that are visible from street facades or open
spaces.
2) The use of one-story elements such as porches is encouraged to provide
undulation and variation within the community.
3) One-story massing on exposed side and front elevations is encouraged
especially on corner Tots.
4) Large expanses of unarticulated flat wall planes are not allowed.
Buildings should incorporate articulated wall planes and varied massing
elements.
Materials and Colors
1) The color of exterior surfaces should harmonize with and complement the
natural colors of the area. The color palette should take into
consideration the building's primary color, accent colors, and the color of
the garage doors.
Section II — Development Criteria
11-18 April 16, 2004
UNIVERSITY PARK
2) Exterior wall surfaces should be of materials that blend and complement
the natural landscape. Plaster or stucco should be smooth, sand, light
lace, or semi -smooth finish, and should complement the architectural
style of the elevation.
3) Accent materials may include wood, brick, tile, and appropriate stone
veneers.
4) Materials that are highly reflective or that form a high contrasting or
i" graphic pattern that would cause visual distraction is strongly
discouraged.
- 5) Open stairways should incorporate solid wall portions, columns and/or a
decorative balustrade. Prefabricated metal stairs are prohibited.
h. Landscaping
1) Landscaping should be used as a unifying element within a project to
obtain a cohesive appearance and to help achieve compatibility of a new
project with its surroundings. Front yard landscaping shall be improved
and installed prior to final approval.
` 2) Non -toxic drought tolerant vegetation should be utilized, incorporating
appropriate landscape materials for the desert. Turf areas should be kept
to a minimum.
®.
3) Access drives and motor courts should be landscaped with desert
landscape including trees and shrubs.
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4) Landscaping around the building perimeter is required.
5) Landscaping shall be protected from vehicular and pedestrian
encroachment by raised planting surfaces and the use of curbs.
Concrete step areas should be provided in landscape planters adjacent to
.• parking spaces.
6) Water conserving vines and climbing plants integrated upon buildings,
trellises, and perimeter walls are encouraged.
7) Decomposed granite rock may be used in -lieu of plant groundcover
materials.
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8) Landscaping shall emphasize water -efficient plants.
9) The developer shall install landscaping in conformance with the City's
Landscape Ordinance for slopes of 10-foot vertical height or greater. The
slopes shall be maintained by either the Homeowners Association or
individual homeowner depending on the location of said slope.
10) Landscaping shall be incompliance with State Assembly Bill AB 325, the
Water Conservation in Landscaping Act.
Section 11— Development Criteria
11-19 April 16, 2004
UNIVERSITY PARK
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11) Deciduous trees are encouraged to be incorporated along the southern
and western exposure of buildings, providing shade in the summer and
Tight in the winter.
12) All right-of-way landscaping should utilize low -water -use plant material
whenever feasible with a view towards water conservation and ease of
maintenance.
13) The developer of each phase of development shall incorporate water
conservation techniques and irrigation appropriate for a desert landscape.
A Final Irrigation Schedule shall be prepared based on historic evapo-
transpiration rates for landscape areas, plant factors of the plant palette,
slope factor, micro -climate factor, root depth and shall cover a one-year
period with a separate schedule for each month of the year.
14) All irrigation systems shall be designed to reduce vandalism by placing
controls in appropriate enclosures.
3. Multi -Family — High Density Overlay
Intended Character: The High Density Residential Overlay is intended to provide
for the development of a variety of multi -family residential dwellings with a density
range of 11-22 dwelling units per acre upon City review and approval. The intent is
to allow the flexibility to offer a variety of product types and styles that appeal to a
range of market segments, from first-time buyers to families. Flexibility is provided in
the development standards to allow a variety of densities and styles while
maintaining the overall limits on the total number of dwelling units. Typical products
include detached and attached residences, apartments, townhomes, condominiums,
clustered, and courtyard homes. The applicant shall submit documentation
regarding conformance with specific performance criteria to the City for review and
approval.
High Density Residential uses are permitted within the Mixed Use District per Precise
Plan review and approval by the Palm Desert Planning Commission, Section 25.70
of the Zoning Ordinance. Refer to Figure 10, Typical Multi -Family — High Density
and Figure 11, Cluster and Courtyard Homes.
Section 11 — Development Criteria
11-20 April 16, 2004
NOT TO SCALE
TYPICAL MULTI -FAMILY - HIGH DENSITY
Figure 10
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rear setback: 10' from residence
5' min. from garage
Ftt
10' 5'
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3'41-3—",' miniger 1.I
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min.
rhr
6' front setback
from back of sidewalk
SINGLE-FAMILY DETACHED CLUSTER HOMES
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E-0
6' min. front setback
from back of sidewalk
' I comer lot: 6' min.
side setback
from back of sidewalk
SINGLE-FAMILY DETACHED CLUSTER HOMES - CORNER LOCATION
- _
SINGLE-FAMILY DETACHED COURTYARD HOMES
RIF I NOT TO SCALE
CONSULTING 2C,100.20 001
CLUSTER AND COURTYARD HOMES
Figure 11
UNIVERSITY PARK
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High Density Development Standards
Minimum Project Size/Area: 10,000 square feet
Minimum Lot Size -detached 2,500 square feet
Minimum Lot Width 90 feet
Not
Minimum Lot Width -detached 25 feet
Minimum Lot Depth 100 feet
,,, Minimum Lot Depth -detached 80 feet
Lot Coverage (Main Structure) 50%
Front Yard Setbacks (min)
r Detached
Main Structure 15 feet
Open Porch 10 feet/ 5 feet — back of sidewalk
Attached
Main Structure 15 feet
Open Porch 10 feet/5 feet back of sidewalk
Rear Yard Setback (min)
Detached 10 feet/5 feet for rear garage
Attached 10 feet
Side Yard Setback (min)
Detached
t"' Interior 5 feet/ 0 feet for garage2
Corner/Street 8 feet - back of sidewalk
Attached
Interior 20 feet combined, 8 feet each minimum
Corner/Street 10 feet
Building Separation
Attached
Front facade to any other facade 25 feet
Side facade to side or rear facade 15 feet
Rear facade to rear facade 15 feet
Building Height
Detached 26 feet/2 stories
Attached 35 feet/3 stories
Accessory Structure 11 feet
Projections/Architectural Features 5 feet above primary structure
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1. Development of three-story units shall require discretionary approval by the City. Site design for 3-
story products shall demonstrate the advantages of development of three story structures, which may
include; 1) providing additional common open space through the reduction of the building foot print, 2)
incorporation of slopes within the building design reducing exposure of grade breaks, 3) significant
architectural variations, and 4) additional recreational amenities as a result of increased common
open space.
2. A 0-foot interior side yard setback may be applied, in compliance with UBC requirements.
a. Parking
1) Parking shall be provided in accordance with Chapter 25.58 of the Zoning
Ordinance except as specifically provided herein, as follows:
2) Studio Units: 1 covered space per DU, plus one uncovered guest space
for every 10 DU's.
Section 11 — Development Criteria
11-23 April 16, 2004
UNIVERSITY PARK
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3) One -Bedroom Units: 1.5 covered spaces per DU, plus one uncovered
guest space for every 10 DU's.
4) Two -Bedroom Units: 2.0 covered spaces per DU, plus one uncovered
guest space for every 10 DU's.
5) Three or More Bedroom Units: 2 covered spaces and 0.5 uncovered
spaces per DU, plus one uncovered guest space for every 10 DUs.
6) Electric vehicle/golf cart parking may replace automobile parking spaces
on a one-to-one basis.
7) Parking Reductions:
To further energy conservation and air quality goals established by State
and Federal agencies, whenever in the opinion of the Planning
Commission, a residential use in the Mixed Use District is designed to
encourage and facilitate the internal circulation of public transit vehicles
and the on -site, convenient and safe loading and unloading of
passengers, a reduction in the number of parking spaces required by the
Zoning Ordinance may be permitted upon Precise Plan Approval.
The following are examples of facilities that may justify a reduction in
required off-street parking. Other means may also be recommended by
the applicants.
a. Community tram/transit system;
b. Preferential bus lanes and bus stops;
c. Park and ride facilities; and
d. Incentives to reducing individual vehicle use, including residential
- uses in proximity to commercial/office uses.
Shared or joint use parking facilities, either on- or off -site within the Mixed
Use Planning Area, may be approved in conjunction with and as part of
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the Precise Plan Approval, as documented, reviewed, and approved by
the City's traffic engineer.
b. Allowable Uses
1) As prescribed in Chapter 25.20 of the Zoning Ordinance.
c. Design Objectives
.,w The design guidelines for multi -family developments are based on the
following objectives.
1) Neighborhood Compatibility — Establish multi -family residential
architectural designs that complement various neighborhood
characteristics and that support high quality development.
Section 11 — Development Criteria
11-24 April 16, 2004
UNIVERSITY PARK
2) Provide attractive, functional, and convenient site arrangements.
3) Provide landscape designs that enhance the appearance of multi -family
housing developments and contribute to the overall quality of the
community.
4) Provide for amenities and passive recreational activities appropriate to
the different age groups of multi -family residential developments within
the project.
5) Apply design principles that enhance safety and security within multi-
family residential developments.
d. Site Planning
1) Developments should relate directly to the adjacent street, and present an
attractive and interesting facade to passersby. Developments that ignore
the street and create an isolated enclave are strongly discouraged.
2) The citing of buildings should consider the existing neighborhood context.
Developments should generally be oriented parallel to the public street or
to the development's internal streets, with some setback variation to
provide visual interest.
3) In addition to a street orientation, the clustering of multi -family units
should be a consistent site planning element. Whenever possible,
buildings should be configured around courtyards, gathering areas, and
open spaces.
Section 11— Development Criteria
11-25 April 16, 2004
UNIVERSITY PARK
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4) Building details and architectural elements should be employed on all
building elevations.
5) Buildings should be configured to form a centralized open space area for
children's outdoor play, when appropriate.
6) Portions of the development that are not oriented to the street should be
well integrated into the project's overall site design. As with the street -
oriented area of the development, the same design considerations should
be given to citing, appearance, circulation, landscaping, and safety
issues.
7) Buildings should be oriented to provide some privacy yet still relate to the
street and the existing community. Doors should be visible from the
street and windows should allow residents to have "eyes on the street" for
natural surveillance.
e. Mass and Scale
1) New multi -family residential development should be compatible with other
development in the immediate area through the use of complementary
building arrangements, buffers, and avoidance of overwhelming building
scale and visual obstructions.
2) Buildings should incorporate smaller -scale architectural forms such as
bays, recessed or projecting balconies, and dormers to visually reduce
the height and scale of the building and emphasize the definition of
individual units. Architectural elements such as bay windows, porches,
projecting eaves, awnings, and similar elements that add visual interest to
the development are strongly encouraged.
3) In order to "scale down" facades that face the street, common open
space, and adjacent residential structures, it may be desirable to set back
portions of the upper floors of new multi -family buildings.
4) Varied building heights are encouraged, both to provide visual interest
and give the appearance of a collection of smaller structures. Building
heights at the development's edge should be considered within the
Section 11— Development Criteria 11-26
April 16, 2004
UNIVERSITY PARK
context of the project's surroundings, the adjacent uses, and the distance
from adjacent buildings. The development's building height should create
a transition from the heights of adjacent existing residential development,
rather than form abrupt height changes.
5) Architectural elements (e.g. overhangs, shade structures, window
"' coverings) should be located along the western and southern sides of
buildings to provide shade and reduce solar exposure.
r► f. Materials and Colors
1) The color of exterior surfaces should harmonize with and complement the
.is natural colors of the area. A color palette should take into consideration
the building's primary color, accent colors, and the color of the garage
doors.
2) Exterior wall surfaces should be of materials that blend and complement
the natural landscape. Plaster or stucco should be smooth, sand, light
lace, or semi -smooth finish, and should complement the architectural
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style of the elevation.
3) Accent materials may include wood, brick, tile, and appropriate stone
veneers.
4) Materials that are highly reflective form any high contrasting or graphic
OD pattern that would cause visual distraction is strongly discouraged.
5) Open stairways should incorporate solid wall portions, columns and/or a
,w, decorative balustrade. Prefabricated metal stairs are prohibited.
g. Landscaping
1) Landscaping for multi -family projects can be used to define and accent
specific areas (e.g. building entrances, parking Tots) define the edges of
various land uses, provide a transition between neighboring properties
(buffering), and screen storage areas. Drought tolerant landscaping
should be used as a unifying element within a project to obtain a cohesive
appearance and to help achieve compatibility of a new project with its
surroundings.
2) Non -toxic drought tolerant vegetation should be utilized, incorporating
�• appropriate landscape materials for the desert. Turf areas should be kept
to a minimum.
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3) Deciduous trees are encouraged to be incorporated along the southern
and western exposure of buildings, providing shade in the summer and
light in the winter.
4) Limited the use of turf within common areas. Reduction in turf reduces
water consumption, maintenance time and expense.
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11-27 April 16, 2004
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5) Water conserving vines and climbing plants integrated upon buildings,
trellises, and perimeter walls are encouraged.
6) Drought tolerant landscaping around the building perimeter is
encouraged.
7) Landscaping shall be protected from vehicular and pedestrian
encroachment by raised planting surfaces and the use of curbs.
Concrete step areas should be provided in landscape planters adjacent to
parking spaces.
8) Landscaping shall be in compliance with State Assembly Bill AB 325, the
Water Conservation in Landscaping Act.
9) Internal road and parking area landscaping should utilize low -water -use
plant material.
C. COMMERCIAUOFFICE PROFESSIONAL DISTRICT
1. General Criteria
a. Setbacks. Commercial/Office Uses (including residential uses when built
over first floor office/commercial uses), refer to 25.25 and 25.26 of the Zoning
Ordinance.
b. Parking
1) Parking shall be provided in accordance with Chapter 25.58 of the Zoning
Ordinance except as outlined below:
2) Parking Reductions:
To further energy conservation and air quality goals established by State
and Federal agencies, whenever in the opinion of the Planning
Commission, a commercial or office use is designed to encourage and
facilitate the internal circulation of public transit vehicles and the on -site,
convenient and safe loading and unloading of passengers, a reduction in
the number of parking spaces required by the Zoning Ordinance may be
permitted upon Site Approval by the Planning Commission.
The following are examples of facilities, which may justify a reduction in
required off-street parking. Other means may also be recommended by
the applicants.
a. Community tram/transit system;
b. Preferential bus lanes and bus stops;
c. Park and ride facilities; and
d. Disincentives to individual vehicle use.
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Shared or joint use parking facilities, either on- or off -site within the Mixed
Use area, may be approved in conjunction with and as part of the Precise
plan Approval by the Planning Commission and City Council, as
documented by a traffic engineer.
c. Allowable Uses
1) As prescribed in Chapters 25.25 and 25.26 of the Zoning Ordinance.
d. Design Obiectives
The general commercial design guidelines are based on a variety of specific
objectives that establish the basis for the guidelines. The design guidelines in
this section are intended to implement the following objectives:
1) Quality Development — Achieve a high level of quality development by
ensuring that development fits within the context of its surroundings, does
not negatively impact adjacent uses, provides superior architectural
detailing, incorporates appropriate high quality, durable materials,
includes significant landscape improvements, and achieves an
efficient/aesthetic arrangement of onsite facilities.
2) Consistent Development Pattern — Maintain a strong sense of continuity
along street frontages to strengthen the visual image of commercial
corridors.
3) Functional Site Arrangement — Ensure that the arrangement of onsite
facilities (e.g., buildings, parking areas, accessory uses, etc.) are planned
appropriately to establish an efficient, safe, and aesthetically pleasing site
layout.
4) Safe/Convenient Circulation and Parking — Provide safe, convenient, and
efficient vehicular assess, circulation, parking, loading, and maneuvering.
Encourage pedestrian activity by providing convenient access and safe
pedestrian routes.
5) Architectural Character — Maintain a high level of architectural design
through appropriate detailing, use of quality/durable materials, and the
""' avoidance of blank, uninteresting wall planes. Provide high quality and
visually interesting roof designs consistent with the overall design of the
building and surrounding quality development.
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6) Landscape Emphasis — Encourage the extensive use of landscaping in
order to achieve visually pleasing development, provide a unified
development scheme through a cohesive arrangement of landscape and
hardscape elements, provide pedestrian comfort, and enhance views of
the site by screening potentially unattractive elements (e.g., trash
enclosures, parking areas, etc.).
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7) Safety — Maintain a high level of public safety through appropriate design
of spaces and amenities, including pedestrian areas, parking lots,
landscaping, and lighting.
e. Site Planning
1) The citing of buildings should take advantage of natural views.
2) Where commercial uses are adjacent to residential uses, the specific
+r sitting of the commercial building should be responsive to the character
and use of surrounding residential properties. Intensified landscaping,
increased setbacks and appropriate building orientation should be utilized
.. to provide adequate separation between uses.
3) Structures should be sited to prevent on -site noise from interfering with
am adjacent properties. Similarly, buildings should be sited to prevent off -site
noise from intrusion. To minimize noise impacts, fencing, walls,
landscape buffers, setbacks and other methods of noise attenuation are
encouraged.
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4) Structures should be sited to take advantage of solar and wind
efficiencies where possible.
5) Commercial storage, service, and parking areas should be screened from
public view as well as from adjacent residential uses. Site design should
minimize visual impact of these areas.
6) Linkages (e.g., walkways, common landscape areas, and buildings
.. orientation) between commercial and residential uses are required.
7) The placement and design of commercial and multi -unit residential
,* structures should convey a visual link to the street and sidewalks.
8) The design of commercial structures should facilitate and encourage
pedestrian activity. Whenever feasible structures should be
« clustered/oriented to create plazas and courtyards.
9) Pedestrian activity areas are encouraged at corner locations.
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f. Mass and Scale
1) The mass and scale of new developments should be compatible with the
existing, adjacent structures. This can be accomplished by transitioning
from the height of adjacent buildings to the tallest elements of the new
(infill) building, stepping back the upper portions of taller buildings, and
incorporating human scale elements, such as pedestrian scaled doors,
windows, and building materials.
2) Building facades should be detailed in such a way as to make them
appear smaller in scale. This can be achieved by articulating the
Section 11— Development Criteria
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separate floors with horizontal bands or by increasing the level of detail
on the building's facade.
3) The size and location of various building elements (e.g., roofs, parapet
walls, and wing walls) should not be exaggerated in an attempt to call
attention to the building/use or provide additional area or height for
signs/advertising.
4) Long, blank, unarticulated facades are strongly discouraged. Facades
should be "broken" by vertical and horizontal variations in wall planes,
building projections, door and window bays, and similar elements.
5) Large expanses of unarticulated flat wall planes are strongly discouraged.
Buildings should incorporate massing with articulated and varied
elements.
Encouraged
Discouraged
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Materials and Colors
1) The color of exterior surfaces should harmonize with and complement the
natural colors of the area. A color palette should take into consideration
the building's primary color and accent colors.
2) Exterior wall surfaces should be of materials that blend and complement
the natural landscape. Plaster or stucco should be smooth, sand, light
lace, or semi -smooth finish, and should complement the architectural
style of the elevation.
.. 3) Accent materials may include wood, brick, tile, and appropriate stone
veneers.
r,,, 4) Materials that are highly reflective, form any high contrasting or graphic
pattern that would cause visual distraction is strongly discouraged.
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5) Open stairways should incorporate solid wall portions, columns and/or a
decorative balustrade. Prefabricated metal stairs are prohibited.
h. Building Accessories (e.g., walls, fences, lighting, etc.)
1) Exterior lighting fixtures should be consistent with the architectural theme
of the building. All lighting fixtures should be from the same family of
fixtures with respect to design, and color of light.
2) Lighting sources shall be shielded to avoid glare in compliance with the
Development Code (Light and Glare). To minimize the total number of
freestanding light standards, wall mounted lights should be utilized
whenever possible
3) Walls visible from public rights -of -way should be decorative and
complement the design of on -site buildings. The use of untreated
concrete block is discouraged.
4) Landscaping should be used adjacent to walls and fences to screen flat
surfaces.
5) Trash enclosures should not be located in areas where they interfere with
visibility from vehicles.
6) Trash enclosure areas should be located away from residential uses.
i. Signage
1) As prescribed in Chapter 25.68 of the Zoning Ordinance.
2) An effective sign should do more than attract attention; it should
communicate its message clearly. Usually, this is a question of the
readability of words and phrases. The most significant influence on
Section 11 — Development Criteria
11-32 April 16, 2004
UNIVERSITY PARK
legibility is lettering style and spacing. The following criteria should be
used to help ensure that signs are easy to read.
3) Whenever possible, use significant contrast. If there is little contrast
between the brightness or hue of the message of a sign and its back-
ground, it will be difficult to read. Generally, light colored letters and a
darker, contrasting background presents the most visible and best -looking
image.
4) Signs should be designed to relate to the architectural features of the
building on which they are located and create visual continuity with other
storefronts in the same building and adjacent buildings.
5) Signs should be placed at or near the public entrance to a building or
main parking area to indicate the most direct access to the business.
6) Signs should be placed consistent with the proportions of the building's
facade. For example, a particular sign may fit well on an upper, more
plain wall, but would overpower and obstruct the finer detail of a lower
storefront area. A sign appropriate near the building's entry may look tiny
and out of place above the ground level.
ow 7) Signs should not be located so that they cover or interrupt the
architectural details or ornamentation of a building's facade.
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8) Signs shall not project above the edge of the rooflines and should not
obstruct, windows and/or doorways in compliance with the Development
Code (Wall Signs).
9) Too many colors overwhelm the basic function of communication. The
colors compete with the sign's content for the viewer's attention. Limited
use of the accent colors can increase legibility, while large areas of
competing colors tend to confuse and disturb.
10) Individually illuminated letters, either internally illuminated or back -lighted
solid letters (reverse channel), are a preferred alternative to internally
illuminated plastic -faced cabinet signs. Signs comprised of individual
letters will be better integrated with the building because they use the
building's facade as their background.
11) Sign materials should be selected with consideration for the architectural
design of the building's facade. Sign materials should complement
materials used on the building and should also contribute to the legibility
of the sign. For example, the glossy finishes used on most cabinet signs
are often difficult to read because of glare and reflections.
12) Sign materials should be very durable. Paper and cloth signs are not
suitable for exterior use because they deteriorate quickly. If wood is
used, it should be properly sealed to keep moisture from soaking into the
wood and causing the sign's lettering to deteriorate.
Section 11 — Development Criteria
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Landscaping
1) Landscaping criteria will be supplemented by Chapter 25.58.100 of the
Zoning Ordinance.
2) Landscape areas are used to frame and soften structures, to define site
functions, to enhance the quality of the environment, and to screen
undesirable views. Landscaping should express the three dimensions of
the project and should continue patterns of landscaping in the
surrounding area.
3) Landscaped areas should generally incorporate planting utilizing a three
tiered system: 1) ground covers, 2) shrubs and vines, and 3) trees.
4) It is desirable to make new development look "established" as quickly as
possible. Planting new trees that are older and better developed and
properly grown is viewed as superior to planting small underdeveloped
juvenile planting stock. Minimum 24-inch box canopy trees are required.
5) Use of vines and climbing plants on buildings, trellises, and privately
owned perimeter walls is encouraged.
6) Landscaping should be in scale with adjacent buildings and be of
appropriate size at maturity to accomplish its intended goals.
7) Landscaping should work with the buildings and surroundings to make a
positive contribution to the aesthetics and function of both the specific site
and the area.
8) Landscaping shall be protected from vehicular and pedestrian
encroachment by raised planting surfaces. Concrete mow -strips
separating turf and shrub areas should be provided.
9) Landscaping around the entire base of buildings is encouraged to soften
the edge between parking lot and the structure. This should be accented
at entrances to provide focus.
Section II — Development Criteria 11-34
April 16, 2004
UNIVERSITY PARK
10) Parking Tots should include landscaping that accents the importance of
driveways from the street, frames the major circulation aisles, and
highlights pedestrian pathways.
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Section 11— Development Criteria
11-35 April 16, 2004
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D. MIXED USE DISTRICT
The Mixed Use Planning Area allows for a combination of retail and service
commercial, office, high density residential uses, as well as live/work units. The
intent of the Mixed -Use designation is to create a compact, walkable and pedestrian
oriented Planning Area. As such, the Mixed Use land use designation stands in
contrast to traditional zoning that separates residential, commercial, and
office/professional zones.
By allowing a mixture of uses, a high level of activity and diversity can be generated.
Integrating housing with retail, work places, civic facilities, educational and
recreational uses creates exciting opportunities, allowing nearby residents'
convenient access to shopping, civic, educational and recreational facilities. In
addition, by allowing uses to be concentrated, infrastructure and parking can be
more efficiently provided and shared. In addition, it is recognized that the future Cal
State college development is an important design component and their plans shall be
integrated to achieve the full intent of this Planning Area.
The Mixed -Use Land Use Designation provides for an integrated mixture of uses,
including residential, commercial, office, civic, entertainment, educational,
recreational and civic uses, with a Floor Area Ratio of 1.0 for commercial/office uses.
The mix of uses may be horizontal (side -by -side) or vertical (on top of each other),
with commercial or office uses located on the ground floor and with office or
residential uses located above. The residential portion of this land use designation is
intended to provide for the development of multi -family residential dwellings in an
urban atmosphere.
Flexibility is provided to offer a variety of product types and styles that appeal to a
range of market segments. Typical products include for sale and rent townhomes,
courtyard products, flats, live -work products, residential lofts over commercial,
detached condominium and condominiums. A master design and development plan
is required to ensure coordinated and integrated development in this area.
1. General Criteria
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The Mixed Use District is a critical component of University Park. When
developed, it will be the heart of University Park. In order to assure that the
Village Center develops in a coordinated and cohesive manner over time,
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and is designed at a high level of quality consistent with the City's vision, the
following provisions are required:
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❑ The proposed development of the area is consistent with the intended
character of the University Park as described in this section;
❑ The Mixed Use criteria are adhered to, including but not limited to, the
use of "signature architecture" elements;
❑ Recreation/landscaping features are integrated as community focal
points;
❑ Themed hardscape/landscape concepts are employed to define the
Mixed Use Planning Area;
❑ Structures are designed and oriented to facilitate pedestrian activity;
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11-36 April 16, 2004
UNIVERSITY PARK
❑ Pedestrian, street, and open space connections are well defined and
linkages to other parts of the University Park are taken into account as
part of the design; and
❑ Parking lots shall be oriented away from main arterials.
Refer to Section C, Commercial/Office Professional for specific Site Planning,
Setbacks, Architecture, Signage, and Landscaping criteria.
Refer to Section B, Residential Criteria, Multi -Family -High Density discussion
rep for specific Site Planning and Architecture criteria.
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a. Parking
1) Parking shall be provided in accordance with Chapter 25.58 of the Zoning
Ordinance except as outlined below:
2) Parking Reductions:
To further energy conservation and air quality goals established by State
and Federal agencies, whenever in the opinion of the Planning
Commission, a commercial or office use is designed to encourage and
facilitate the internal circulation of public transit vehicles and the on -site,
convenient and safe loading and unloading of passengers, a reduction in
the number of parking spaces required by the Zoning Ordinance may be
permitted upon Site Approval by the Planning Commission.
The following are examples of facilities, which may justify a reduction in
required off-street parking. Other means may also be proposed by the
applicants.
a. Community tram/transit system.
b. Preferential bus lanes and bus stops.
c. Park and ride facilities, and
d. Disincentives to individual vehicle use.
Shared or joint use parking facilities, either on- or off -site within the Mixed
Use area, may be approved in conjunction with and as part of the Precise
Plan Approval by the Planning Commission and City Council, as
documented by a traffic engineer.
b. Miscellaneous
Mixed use projects are developments that combine both commercial and
residential uses on the same parcel. There are two basic types of mixed use
projects. The first type is vertical mixed use, which is typified by the
residential use placed over the commercial use in the same building. The
second, referred to as horizontal mixed use, combines residential and
commercial uses on the same parcel, but in separate buildings. The primary
design issue related to mixed use projects is the need to successfully balance
the requirements of residential uses, such as the need for privacy and
Section 11 — Development Criteria
11-37 April 16, 2004
UNIVERSITY PARK
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security, with the needs of commercial uses for access, visibility, parking,
loading, and possibly extended hours of operation.
1) Separate site access drives and parking facilities should be provided for
the residential and commercial uses.
2) Site access drives should incorporate distinctive architectural elements,
landscape features, and signs to help differentiate access to commercial
parking areas from residential parking areas.
3) Loading areas and trash enclosure facilities for the commercial use
should be located as far as possible from residential units and should be
completely screened from view from adjacent residential portions of the
project or another adjacent residential uses. The location and design of
trash enclosures should mitigate nuisances from odors when residential
uses might be impacted.
4) If enclosed parking is provided for the entire mixed use complex, separate
areas/levels should be provided for residential and commercial uses with
separate building entrances.
5) Residential buildings should be arranged to create opportunities for
common open space for the residential use. Common open space areas
should be completely separated from other uses on the site and should
provide a semi -private gathering place for residents.
6) Common open space areas above the ground level should be landscaped
using containerized plant materials that are provided with an automatic
irrigation system and provisions for adequate drainage.
7) The architectural style and use of materials should be consistent
throughout the entire mixed use project. However, differences in
materials and/or architectural details may occur to differentiate the
residential portion of the project from the commercial portion of the
project.
8) The design of storefronts should be consistent with the design guidelines
for general commercial development in Section 1 of this chapter. The
residential portion of a mixed use project should be consistent with the
design criteria for multi -family development.
9) Projects with three stories or Tess in height are strongly encouraged to
incorporate full, pitched roofs. Buildings with heights greater than three
stories should set back upper portions of the structure a minimum of 10
feet for each additional two stories.
10) When residential and commercial uses are provided in the same
structure, separate pedestrian entrances should be provided for each
use.
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11-38 April 16, 2004
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11) All roof -mounted equipment should be completely screened from views
above. Special consideration should be given to the location and
screening of noise generating equipment such as refrigeration units, air
conditioning, and exhaust fans.
E. OPEN SPACE DISTRICT
1. General Criteria
a. Overall Park Design
1) Park design shall incorporate requirements as prescribed by the City of
Palm Desert Parks and Recreation Element of the General Plan.
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b. Community Parks - Public
1) Community Park should be generally located to be accessible to several
neighborhood areas.
2) Clearly delineated crosswalk should be provided from the park to the
adjacent use. Where parks are adjoined to other uses linkages should be
designed to allow easy access.
3) Parks should contain at least two entry points with adequate directional
and entry signage.
4) Off-street parking should be provided in community parks.
5) The park should incorporate playing fields, courts and other recreational
uses as appropriate.
fax 6) Playing fields should be designed with drainage systems engineered to
provide for fast drainage.
7) Directional signage and/or decorative fencing if appropriate should be use
to direct people, delineate play areas/recreational facilities and provide
safety for park users. Decorative fencing should be small, in scale, and
transparent.
c. Neighborhood Parks - Private
1) Clearly delineated crosswalks should be provided from the park to
adjacent uses, where appropriate.
2) Park amenities should be provided as appropriate (i.e. seating, tables,
drinking fountains, barbeques, lighting, shade structures, children play
areas, etc.).
3) Children play areas should be provided in central locations. Play areas
should be accessible for all types of ability levels. Whenever possible,
Section 11 — Development Criteria
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two play areas should be constructed, one for younger children and one
for older children.
4) Landscaping shall be drought -tolerant, native species (with the exception
of turf areas) and planted to conserve water and reduce irrigation needs.
Creative use of water or other water conserving strategies is encouraged.
5) Use appropriate lighting in high use areas for safety purposes.
*r 6) Active recreational court facilities should be provided where appropriate
(i.e., basketball or volleyball).
MINI F. LANDSCAPING
1. Plant Palette
Refer to City's approved plant palette.
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a. Area Gateways
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1) Primary entries should be marked by entry features such as ornamental
gateways, monuments, large ornamental trees, decorative pavement, or
special lighting.
2) Special paving materials should be used for entry driveways. Colored
and textured paving or decorative pavers provide a more interesting and
attractive streetscape.
3) Landscaping shall be drought -tolerant, native species (with the exception
of turf areas) and planted to conserve water and reduce irrigation needs.
Creative use of water or other water conserving strategies are
encouraged.
b. Public rights -of -way (Streetscape)
1) Main Arterial Access
a. Landscaping should accent and enhance the project perimeter walls,
as well as accommodate pedestrian and vehicular traffic.
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2) Primary Entries
a. Tall, vertical trees should line the back of the primary entries creating
a visual background for entry monuments. Street trees should
delineate the main entry corridor and direct attention to the circular
parks.
b. The primary entries should have monumentation that will consist of
raised planters and walls where the community signage will be
mounted. These planter areas should contain smaller trees,
evergreens and flowering shrubs. The primary entry monument walls
will be veneered with stone, while the pilasters will have a smooth
finish with a pre -cast cap. Colors and types of stone should have a
natural appearance and employ earth -tone colors. A gentle,
landscaped covered slope should connect the street corners with the
primary entry monument planters on both sides of the entries.
c. Enhanced paving should be installed between entry corners.
3) Project Entry Roads
a. Drought tolerant landscape materials are strongly encouraged.
b. Tall, vertical trees similar to those planted at the primary entries
should line both sides of the street in the parkway areas, as well as in
the median of the project entry roads.
c. Landscape easements typically located between the pedestrian
walkway and project perimeter walls will contain a layering of plant
materials including small trees, shrubs and ground cover that will add
color and reflect seasonal changes.
4) Secondary Entries
a. The secondary entries are similar in design to the primary entries, but
are reduced in size in order to establish a hierarchy in entry design.
b. A sense of arrival should be established with large gentle sloping
landscape areas in the foreground that introduce stone veneered
walls, pilasters and raised planters with a row of vertical trees in the
background.
5. Major Streets
a. Major streets are described as those roads that begin at the
secondary entries. Major streets should incorporate a striped on -
street bike lane in each direction, parkways that incorporate sidewalks
along both sides of the road, landscaped medians, and landscaped
parkways.
Section II — Development Criteria
11-41 April 16, 2004
UNIVERSITY PARK
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6. Neighborhood Local Streets
a. Neighborhood local streets should be tree -lined avenues and should
continue the landscape theme into the residential neighborhoods.
b. Parkways shall be maintained by Community Facility District.
3. Walls and Fences
a. Perimeter
1) Walls are discouraged along public streets where buildings face the
street.
2) Walls should be of masonry, stone, stucco, tubular steel or wrought iron
materials with color treatment and material complementary to and
consistent throughout the community.
3)
4) Walls should not run in a continuous plane for more than 50 feet without
incorporating at least two of the following:
a. A minimum 2-foot change in plane for at least 10 feet;
b. A minimum 18-inch raised planter for at least 10 feet;
c. A minimum 18-inch change in height for at least 10 feet;
d. Use of pilasters at 50-foot maximum intervals and at changes in wall
planes.
e. A section of metal grillwork a minimum 4-feet in height for at least 10
feet.
5) Walls adjacent to public streets are required to have a minimum 20-foot
landscape setback. Walls and wrought iron fences should be designed in
such a manner as to create an attractive appearance to the street and to
compliment the style and character of the homes and the neighborhood.
Section II — Development Criteria 11-42
April 16, 2004
UNIVERSITY PARK
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Elevation of Wall /Wrought Iron Combination
Elevation of Wrought Iron with Pilasters
b. Internal
The wall and fence design criteria is intended to provide variety and privacy
for each lot while providing continuity of design within University Park. All
wall and fence heights are measured from the highest -grade elevation on
either side of the wall or fence.
1) Front Yard: Fencing and walls shall not exceed 36 inches in height when
located within the required front yard setback. Fencing and walls
between the edge of the setback and a dwelling unit shall not exceed 6
feet in height and may be solid or transparent.
2) Side Yard: Solid fencing is permitted to a maximum height of 6 feet
between the front yard and rear yard setbacks as defined in the Building
Envelope.
3) Rear Yard: Fencing along rear yards and top of slope shall be 6 feet in
height.
4) Sound Attenuation: When required for sound attenuation, solid walls in
side and rear yards of up to 8 feet in height are allowed.
5) Side yard, rear yard or other privacy walls along block end conditions of a
neighborhood or facing any street shall be constructed of masonry split -
face block of a color to match village perimeter walls. Fence returns or
inter connects from a side property line to the house may be constructed
of wood.
6) In no case shall wood fencing be permitted on side or rear yards adjacent
to slopes 15 feet or greater in height.
Section 11— Development Criteria
11-43 April 16, 2004
UNIVERSITY PARK
4. Line of Sight
As prescribed in Chapter 25.25.016C of the Zoning Ordinance
5. Art in Public Places
As prescribed by the City of Palm Desert General Plan.
H \Pdata\20100420\Master Plan\univ_park_draft_011504\Section II_Design Critena.doc
Section 11 — Development Criteria
11-44 April 16, 2004