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HomeMy WebLinkAboutORD 198ORDINANCE NO. 198 B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPROVING A CHANGE OF ZONE FROM 'S' STUDY TO PR-3 S.P. N.A.) and O.S. (U.A.), AND A RESIDENTIAL DEVELOPMENT PLAN TO ALLOW 732 DWELLING UNITS AND RECREATIONAL AMENITIES AND OPEN SPACE ON APPROXIMATELY 680 ACRES, 3 MILES SOUTHWEST OF THE INTER- SECTION OF HIGHWAYS 111 AND 74 ADJACENT TO THE SOUTHERLY BOUNDARY OF THE CITY OF PALM DESERT ON THE WEST SIDE OF HIGHWAY 74 AND CERTIFICATION OF THE RELATED EIR AS COMPLETE. CASE NOS.: CZ 08-78 and DP 11-78 The City Council of the City of -Palm Desert, California, DOES HEREBY ORDAIN, as follows: Section 1: A Change of Zone from 'S' Study to PR-3 S.P.(U.A.) and O.S. (U.A. is hereby approved for property described as: APN 635-040-1,2,4,5 6,7,8 APN 635-050-1,2,3,4,5,6 APN 771-040-1,3 APN 771-030-1 as indicated on the attached Exhibit 'A' Case No. CZ 08-78. Section 2: Based upon the recommendation of the Palm Desert Planning Commission a stated in Resolution No. 413 and pursuant to Section 25.24.060 of the Palm Desert Municipal Code, said Change of Zone is hereby made subject to compliance with the Development Plan known as Case No. DP 11-78 as indicated on Exhibit 'B' attached hereto, which is also hereby approved subject to compliance with the following conditions: STANDARD CONDITIONS:, 1. The development of the subject property shall conform substantially with Exhibit "A" Revised (Case No.' DP 11-78) on file with the Depart- ment of Environmental Services as modified by the following conditions. 2. Prior to the issuance of a buildinn permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the City which include, but are not limited to, Area Development Plans (CUP Process), Design Review, Subdivision process, and buildinq permit procedures. 3. Construction of the total development may be done in phases; however, each individual phase shall meet or exceed all municipal code require- ments in that the City shall consider each phase as a single project. 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, 1989. 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 undeveloped areas to an 'S' Study Zoning 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. 6. The development of the property described herein shall be subject to the restrictions and limitations set 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. Any/all existing electrical distribution lines, telephone, cable antenna television, and similar service wires or cables, which are on or adjacent 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. ORDINANCE NO. 198B (Continued SPECIAL CONDITIONS: 1. The maximum number of dwelling units shall be 732. 2. Each phase of construction shall conform to all requirements of Chapter 25.24 of the Palm Desert Municipal Code. 3. All buildings shall conform to a unified architectural theme. 4. All landscaping shall conform to an overall Master Landscape Plan with particular emphasis on that portion of the development abutting Highway 74, with emphasis on use of natural vegetation. 5. Development adjacent to Highway 74 should have setbacks in the range •of 50' to 200'. Flexibility within the range is assigned to the Design Review Board process in recognition of the fact that a flood control channel will be dedicated in the vicinity of the easterly boundary and where a 200' setback would unfairly eliminate useable acreage, the setback may be reduced to 50' minimum. 6. All development and improvements proposed in Hillside Areas shall conform to all requirements of Chapter 25.52 of the Palm Desert Municipal Code, the Hillside Development Overlay District. Hillside areas are defined as those areas as having average slopes before grading in excess of ten percent. 7. The developer shall provide the Coachella Valley County Water District the necessary rights -of -way across the development, along with ingress easements for maintenance, for the extension of the Palm Valley Stormwater Channel to allow implementation of a flood control master plan for the Palm Desert area. 8. The first phase of development shall include the dedication of all proposed wildlife preserves and other public open space. 9. A wildlife watering facility of a design and location acceptable to the Bureau of Land Management shall be provided as a part of the development of the single-family Ranchos area. 10. Each area plan shall be designed to include the incorporation of the suggested mitigation measures provided in the Final E.I.R. 11. Development adjacent to Section 36 should have setbacks in a range from 50' to 200'. Flexibility within the range is assigned to the Design Review Board Process and should be adjusted to provide compatibility with the large lots and low density development existing in the Cahuilla Hills. 12. No apartments shall be allowed. 13. The developer shall construct such on -site drainage facilities as are necessary for the protection of the units within the development, and shall construct an on -site -drainage channel for the 100-year storm. Any area lying westerly of the future Palm Valley Stormwater Channel in (7) above shall be designed to drain into the 100-year storm channel when it is built by the developer, and then diverted northerly to flow into the existing Palm Valley Stormwater Channel. The design of such a facility shall be such as to safely transport flows resulting from the 100-year storm and shall require the approval of the CVCWD and the City of Palm Desert, and shall satisfy Federal Flood Insurance requirements. Up until such time as the channel is constructed and accepts stormwater, drainage of the entire property may be directed in its natural flow pattern to Highway 74. 14. The developer shall provide the CVCWD with a completed engineering design for the Palm Valley Stormwater Channel portion of the Flood Control Master Continued . - 2 - ORDINANCE NO.-198B (Continued) SPECIAL CONDITIONS (Continued) (14) Plan for the Palm Desert area. Said engineering is to cover the Channel length from the mouths of Dead Indian and Carrizo Canyons northerly to Highway 111 and is to be performed by a consulting firm satisfactory to the CVCWD and on a time schedule satisfactory to the CVCWD. The design shall be such as to safely transport flows resulting from the Standard Project Flood and shall include the design of a reduced interim facility providing for the 100-year storm. Performance criteria for the design shall be determined in advance by the CVCWD and the City of Palm Desert. The cost of the design shall not exceed $225,000 under any circumstances. Not less than two copies of said engineering design shall be furnished to and shall become the property of the City of Palm Desert. 15. In addition to the on -site requirements of Special Condition #13, the developer shall be responsible for the off -site right-of-way acquisition construction, and improvement of a channel from the north boundary of the property to the existing Palm.Valley Stormwater Channel and of the existing Palm Valley Stormwater Channel north to Highway 111. Any right-of-way acquisition by the developer shall involve, atedeveloper's option, the cooperation and participation of the City, the CVCWD, or both, along with utilization of all facilities described herein shall be such as to safely transport flows resulting from the 100-year storm and shall require the approval of the CVCWD and the City of Palm Desert, and shall satisfy Federal Flood Insurance requirements. To every extent possible, the design and construction shall be compatible with facilities needed to transport the Standard Project Flood, -so as not to require costly removal of facilities when the ultimate facility is built. 16. At a point in time when building permits have been issued for 80% of the total units to be constructed, no further permits will be issued until and unless all the requirements of (7), (13), (14), and (15) above = have been met. 17. To assure ultimate performance of (15) above, a performance bond in the amount of $1,000,000 shall be posted in favor of the City of Palm Desert, prior to the date of the filing of the first application for a grading permit. Each year, on the anniversary date of such bond, the amount of such bond shall be increased to reflect inflation in accordance with the recognized Consumer Price Index increase for the prior full calendar year. The developer shall have the option at any time to decrease said bonded amount by the deposit of cash. The developer may, at any time, declare his intention not to make the improvements required by (15), in which case, within 30 days of such intention, he shall make a cash deposit with the City in the then required bond amount. The City, and/or its appointed agencies, shall then forthwith undertake the required improvements of (15) to the extent that said cash deposit is of sufficient amount to complete them, and shall relieve developer of Condition (15). All cash deposits and any monies accruing to the City of Palm Desert as a result of bond collection shall be placed in trust by the City, such trust to be used solely for the accomplishment of (15) above. 18. The property shall be annexed into the Stormwater Unit of the District. 19. No two-story structures shall be permitted. -3- ORDINANCE NO. 198B (Continued) PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 8th day of February , 1979, by the following vote, to wit: AYES: Brush, McPherson, Newb'rander, Wilson & Mullins NOES: None ABSENT: None ABSTAIN: None ATTEST,: i r SHEILA R. GIl CITY OF PALM D RD D. M LLINS, MAYOR -4- gx p :ye._..y 3.e�, %..'..es:,- ti :.. }..r yr7':;,r."^ •.�ny1�'� R p1 oar.` �'� s .3 -.w ,tro'r+R'SX+" r•. e'.9�.. t r �.� , r ,� 3t_ .:♦ ''rl.< p�Y h`x• ''Y .`�?.A i b*t•:. .Y .sM.. ti "` `}"•,.e -.*,i wiry \:. S7 .i2, �' T. `(.1i '� `L , ' N `� 1 -.. � � i'c_ "t?. � - "•�„K. f; -c' , ,i:� -. .r, .. 2 h. ' . ,'! .i. 'c', '# •i`'r �_Y"�'�.4`�i•'S t -rL . '� , u ,� .... : -- ..w.... , ... u:. ..: .. ._._ , _�..�.�,..-�•�a•... _�..-•. ..4�2 arm Fx' 4.r» b F •* - iti`' k•e- .. t•+:- tia:,vS�•r -�•��. ''x,T •r`''XK` Y•� r 0 a lb 600 114 kn d I „ \� p .� f it •�-, �^ , ...... ::.i _::s �•>a..... 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''. � s•_ may. f�Y z =x, .•?l•. --ii> n-!._� .-, ...._�`. Public �--=---=-----=-- -- - _'-_. - - 7 Park LEGEND 752 UNITS TOTAl, f i i I CITY OF PALM DESERT z4L Yu e�u o �` 6 WILDLIFE PR_4SERVE 7 PUBLIC PARK 8 OTHER OPEN SPACE f R PRIVATE RFC, FACILITY MAJOR HIGHWAY COLLECTOR 2 CITY COUNCIL. ©� ORDINANCE N0. 198B DATE February_ 8, 1979 5