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Home My WebLink AboutORD 194ORDINANCE NO. 194 As G DINANCS OF TU CITY COUNCIL OF THE CITY OF PALM DESERT CALIFORNIA, AMENDINO CHAPTER W N OF THE ik i DESERT MUNICIPAL CODE TO "Mtn FOR A CHANCE OF ZONE FROM P TO PR-40 S.P. AND TO APPROVE A DEVELOPMENT PLAN TO PROVIDE FOR 262 DW2LLINO UNITS ON 70.5 ACRES LOCATED AT THE NORTHWEST CORNER OF TIM INTERSECTION OF 44TH AVENUE AND SAN PASCUAL AVENUE. CASE NOB._ CIZ 09-78 and DP 13-78 TM City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1: Section 25.92.010 of the Municipal Code, the Zoning amp, to twr*uy amended to read as shown on the attached exhibit, labeled Exhibit A Case No. C/Z 09-78. Said Change of Zone encompassing more specifically Assessor's Parcel No. 621-360-005 and 621-360-001. SECTION 2: Based upon the recommendation of the Palm Desert Plan- ning Comminslon as stated in Planning Commission Resolution No. 397 and pursuant to Sec. 25.24.060 of the Palm Desert Municipal Code, said Change of Zone is hereby made subject to compliance with the Develop- ment Plan known as Case No. DP 13-78 which is also hereby approved sub- ject to the compliance to the following conditions: Standard Conditions: 1. The development of the property shall conform substantially with Exhibits A-F (Case No. DP 13-78) on file with the Department of Environmental Services, as modified by the following conditions: 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the City which includes, but not limited to, Design Review, Subdivision process, and build- ing permit procedures. 3. Construction of the total development may be done in phases; how- ever, each individual phase shall meet or exceed all Municipal Code requirements to the degree that the City could consider each ph&" as a single project. e . 4. Construction of a portion of said project shall commence within one year from the date of final approval otherwise said approval shall become null, void and of no effect whatsoever. Further, the total project shall be completed by January 1, 1985. After said date, this approval shall automatically expire for those remaining undeveloped portions of the subject property and the City Council may initiate rezoning procedures to.revert said un- developed areas to an 8 (Study) Zone Designation. 5. Prior to the issuance of any City permits for the commencement of construction on said project, the applicant shall agree in writing to these Conditions of Approval. 0. The development of the property described herein shall be subject to the restrictions and limitations not forth herein which are in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal Statutes now in force, or which hereafter may be in force. 7. All existing electrical distribution, IInes, telephone, cable antenna television, and similar service wire• or cables, which are adja- cent to the property being developed shall be installed underground as a part of development from the nearest existing pole not on the property being developed. y *t t1O..3N page Two 1 pia Oes ition�r: - ftbiblt d (Case No. DP 12-48) General Development Plan 1. 2Ue taxis M cumber of dwelling units shall be limited to 282. 2, lath phase of construction shall conform to all requirements of Chapter 23.24 of the Palm Desert Municipal Code. 3. All buildings shall conform to a unifying architectural theme. 4. All landscaping shall conform to an overall landscape master plan with particular emphasis on abutting public streets. .S. Public street dedication and improvements shall be as follows: a. The full frontage of San Pablo Avenue shall be dedicated and improved with curb, gutter, tie-in paving, 8 it. wide meandering bicycle/pedestrian system, center median, and landscaping on the basis of a 50 ft. wide half -street im- provement width within a 63 ft. half -street right-of-way width. b. The full frontage of 44th Avenue shall be dedicated and -im- proved with curb, gutter, tie-in paving, 8 ft. wide meander- ing bicycle/pedestrian system, center median, and landscaping on the basis of a 55 ft. wide half -street improvement width within a 86 ft. half -street right-of-way width. r c. The full frontage of Magnesia Falls Drive shall be dedicated and improved mith curb, gutter, tie-in paving, 8 ft. wide meandering bicycle/pedestrian system, center median, and landscaping on the basis of a 55 ft. half -street right-of- way width with a 32 ft. wide pavement width from back of curb. d. The full frontage of San Pascual -Avenue shall be dedicated on the basis of an additional 17 It. of right-of-way and Improved with curb, gutter, 4nd tie-in paving on the basis of a 21 ft. improvement width. •. The proposed entrance streets from Magnesia Falls Drive and Ban Pablo Avenue; whether public or private, shall be develop- ed on the basis .of &•minimum of two fully improved, 20 ft. wide travel areas separated by a 16 ft. wide center median Including appropriate turn pockets. f. The above described street improvement requirements do not apply to the proposed street frontage abutting the proposed public park. Along said frontage, the applicant's respon sibility shall be limited to the installation of curb, gutter, center median, and tie-in pavement. C. All street lnpavrments•shall include full-lenoh-cross gutters at all , street intersections for the full width without regard to the applicant's responsibility for street dedications. 6. Rxcept for approved driveway and pedestrian openingsand street Intersection cutouts, a continous, decorative 6 ft. high block wall, or an approved alternative as approved through the Design Review process,shall be provided at the following locations: a. On the ultimate property line on 44th Avenue from the pro- posed drainage channel to the civic center site. b. Along the seat boundary of the civic center and public park site. _f page Three 42DINAW2 not !lbeeial_ OnnAitiobe 8xhibit 8 (Case lto. OP 13-T8 ) General Development Plan (Coat.) a. a. On the ultimate property line on Ban Pablo Avenue from the proposed entrance street northerly to Magnesia Fails Drive. d. On the ultimate property line on Magnesia Falls Drive for the full frontage. special consideration may have to be given to the proposed drainage channel frontage. e. Along the east property line from the northerly extension of San Pascual Avenue to Magnesia Falls Drive. T. The proposed 100 ft. wide drainage swale shall be dedicated to the City as an easement. Any improvement of said area shall be limited to the extent that such improvements shall not inhibit the function of said area as a drainage way. 8. The applicant shall pay the fees into the Planned Local Drainage Facilities Fund in an amount to be determined by the provisions of Ordinance No. 175 with the following exceptions: a. Said fee shall not apply to the proposed drainage swale or Park site. b. Specific drainage related improvements within the proposed drainage swale may be deducted from this requirement at the _ option of the City Council as determined as a part of their review of subsequent subdivision maps which involve said area. 9. The applicant shall make a contribution to the City`s Signali- zation Fund in the amount of $50 per unit. 10. All landscaping installed within the required parkway area along all public streets shall thereafter be maintained by the owners ' and/or occupants of the total development. e 11. The applicant shall incorporate all required changes to the Development Plan and resubmit said plan to the Planning Commission for consideration and approval. SECTION 4: The case numbers of these approved development plans shall heroty be indicated on the Official Zoning Map to clearly indicate to the general public that approved development plans do exist on the property in question. SECTION 5; The City Clerk of the City of Palm Desert. California, is bere rectod to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated is the City of Palm Desert, California, and shall certify to the passage and adoption of this Ordinance and the same shall be in full force and offset thirty (30) days after its adoption. p:SBBED, APPROVED, and ADOPTED at a regular meeting of the Palm flee pour � r T "beet CUT ammil as this >�t�—day of e.a..t�.�► is're, 1y tm lol16W106 vote,to Witt ATENt &rush, McPherson, NeArander, Wilson & Mulling ilae3 t None •9s=: None ADMIN: None WARD D. MULLINS, ayor w!'PJta'[': sMN, City rZdrk City of Palo Desert, Cali rnis i� 1 ko dam~ I m goo wpm •y V � �s