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HomeMy WebLinkAboutORD 277ORDINANCE NO. 277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, RELATIVE TO ESTABLISHING A PLANNED COMMUNITY DEVELOPMENT OVERLAY ZONE AND REGULATIONS. CASE NO. ZOA 12-81 WHEREAS, the City Council of the City of Palm Desert, California, did on the 3rd day of December, 1981, hold a duly noticed public hearing to consider an amendment to Chapter 25 of the Municipal Code concerning the establishment of a Planned Community Development Overlay Zone; WHEREAS, the Planning Commission, by Resolution No. 756, has recommended approval; WHEREAS, said amendment complies with the requirements of the City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined the project to be a Class 5 Categorical Exemption; WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts to justify their recommendations as described below: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected Specific Plans. 3. That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the Council in these cases; 2. That the City Council does hereby approve a Zoning Ordinance Text Amendment as provided in the attached Exhibit "A" to amend Municipal Code, Chapter 25 by establishing an Office Professional Zone and Regulations therefore. 3. The City Clerk is directed to publish this ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 17 day of December , 1981, by the following vote, to wit: AYES: McPherson, NOES: None ABSENT: None ABSTAIN: None ATTEST: 01 SHEILA R. GILL AN, City City of Palm Desert, Calif Newbrander, Puluqi, Snyder & Wilson S. ROY WILSON, Mayor Ar z ORDINANCE NO. 277 EXHIBIT "A" PLANNED COMMUNITY DEVELOPMENT (PCD) OVERLAY ZONE 25.23.10 Purpose: If 1. Provide the developer with greater flexibility in site design, density, and housing unit options in order to stimulate variety and innovation within the framework of a quality residential environment. 2. Direct new community growth and development in the process of implementing the General Plan. 3. Achieve more interest, individuality and character within and among neighborhoods. 4. Provide criteria for the inclusion of compatible uses designed to service the residential developments within the community. 5. Encourage the most effective use of a site with a variety of residential environments providing necessary public facilities, ample open space and a functional, well balanced community. 25.23.20 Criteria. The following general criteria are hereby established for use in the classification for reclassification of land to the Planned Community Development. 1. General Plan - Compliance with the General Plan shall be established. 2. Site Area - A minimum of one hundred (100) acres shall be required for a Planned Community Development. 3. Any application for an Overlay Zone shall be accompanied by a Master Plan for the entire area covered by the application. 4. All land in a proposed Overlay Zone shall be held in one ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the Overlay Zone. 5. The existing utilities systems (water, sewer, drainage, electrical, gas and communications facilities) are adequate, or new systems shall be constructed to adequately serve the development. 25.23.30 Application: An application for an Overlay Zone shall be submitted by the owner, his authorized agent, or the purchaser of the land with the consent of the owner. The application shall be accompanied by the following which should be prepared by a qualified professional team. 1. Topographical maps of existing terrain drawn to a minimum five (5) foot contour. 2. A generalized grading plan which indicates proposed earth movement and the results of such movement. 3. A utility map or statement reflecting a utility system which includes, but is not limited to, sewer, water, and gas capable of serving the entire development. 4. A Master Plan which shall show: a) Location and boundaries of the proposed development. b) The general type, character, and heights of all buildings or structures; e.g., single family houses, townhouses, cluster houses or highrise structures. c) Proposed -densities of all areas scheduled for residential development. d) Proposed uses of all land including residential, school sites, public and private recreational facilities, all common open space, and in the PCD Zone, commercial and professional centers, and industrial facilities. ORDINANCE NO. 277 EXHIBIT "A" e) Natural features that are to be retained; i.e., stands of trees, rock outcroppings, canyons, natural slopes, etc. f) The location and width of public and private streets which shall be consistent with the Master Plan of Streets. 5. Proposed site development standards for all residential, commercial and industrial uses. 6. The location and width of public and private streets. 7. Site data, including acreage in total development, total acreage in each density classification, school sites, church sites, commercial sites and industrial sites, total acreage devoted to common open space and minimum lot sizes. 25.23.40 Application Fee. An application for an Overlay Zone shall be accompanied by a filing fee as specified by the City of Palm Desert. 25.23.50 Procedure. Upon receipt of an application for an Overlay Zone, the Planning Commission shall hold a public hearing on such application. If it finds the criteria set forth herein have been met, it may establish the Overlay Zone subject to such conditions as it deems necessary. The Planning Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety or welfare. Planned Community Development applications shall be forwarded along with the Community Master Plan to the City Council. The City Council shall hold a public hearing and either approve, conditionally approve, or deny the Community Master Plan. The decision of the City Council shall be final. 25.23.60 Public Hearing and Appeal Procedure. Public hearing and appeal procedure shall be governed by Section 25.86 of this code. 25.23.70 Termination of Overlay Zone. The Overlay Zone and any Master Plan or other material approved as a part thereof, shall become null and void if the physical development of the district is not commenced within two (2) years from date of adoption of the Resolution establishing the zone. An extension of time, not to exceed one (1) year, may be granted by the Planning Commission or City Council when extenuating circumstances can be clearly shown by the applicant. The request for an extension of time shall be submitted to the Planning Commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the district has not been commenced and such Overlay Zone has not been utilized. 25.23.80 Approval of a Development Plan. After the establishment of an Overlay Zone and prior to the termination date as specified in Section 25.23.70 an application for approval of a Development Plan which is in substantial conformance with the approved Master Plan shall be filed with the Planning Commission. A Development Plan may cover all or a portion of the district. No building permit shall be issued for any new building or structure unless a Development Plan covering the area has been approved. A Development Plan shall contain the material herein specified and shall be prepared by a qualified professional team. 1. The Development Plan shall set forth the following: a) The exact boundaries and legal description of the property to be developed. b) All proposed improvements that are to be constructed on the land and their precise locations including, but not limited to, all residential facilities, walls and fences, trash areas, streets, and walk areas. A 41. ORDINANCE NO. 277 EXHIBIT "A" c) Common open space showing size, grades, and function upon completion. d) The location and dimension of all off-street parking facilities, public and private. e) The location and size of any public or quasi -public facilities such as schools, churches, and parks. f) A tabulation of the percentage of total building coverage of the development. g) A tabulation of densities within each project area or sector. 2. Building elevations of typical architectural styles to be constructed. 3. A schematic landscaping plan indicating the type and size of plant material to be used and method of providing permanent maintenance to all planted areas and open spaces. 4. Floor plans of typical dwelling units, the unit size in square feet, and the amount of private open space in square feet. 5. If applicable, a subdivision map showing land divisions. The tentative and final subdivision map shall comply with the City Subdivision Ordinance and the State Subdivision Map Act. 6. A proposed construction schedule from ground breaking to occupancy. all common open space, as well as public and recreational facilities, shall be specifically included in the construction schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures. 25.23.80 Common Open Space. All common open space shall be preserved for that purpose as shown in the Development Plan. The developer shall choose one or a combination of the following three (3) methods of administering common open space. 1. Dedication of common open space to the City, which is subject to formal acceptance. 2. Establishment of an association or non-profit corporation of all property owners or corporations within the project area to insure perpetual maintenance of all common open space. 3. Retention of ownership, control and maintenance of all common open space by the developer. All privately owned common open space shall continue as such and shall only be used in accordance with the Development Plan. Appropriate land use restrictions shall be contained in all deeds to insure that the common open space is permanently preserved according to the Development Plan. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space. 25.23.90 Design Criteria. The following design criteria are hereby established: 1. The overall plan shall achieve an integrated land and building relationship. 2. Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site. 3. The layout of structures and other facilities shall affect a conservation in street and utility improvements. 4. Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. ORDINANCE NO. 277 EXHIBIT "A" 5. Architectural unit and harmony within the development and with the surrounding properties shall be attained. 25.23.100 Procedure for Development Plan Application. The owner, his authorized agent, or the purchaser with the consent of the owner may submit an application for Development Plan approval to the Planning Commission. The Planning Commission shall hold a public hearing on such application. It may approve the Development Plan if it finds the criteria set forth herein have been satisfied subject to such conditions as it deems necessary. the Planning Commission may deny the application if it finds the criteria area not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Planning Commission shall be final unless appealed to the City Council. 25.23.110 Public Hearing and Appeal. Public Hearing and appeal procedure shall be governed by Section 25.86 of this code. 25.23.120 Application Fee. An application for a Development Plan shall be accompanied by a filing fee as specified by the City of Palm Desert. 25.23.130 Development Standards for Planned Community Development Zone. All development within the Planned Community Development shall meet the following minimum requirements: 1. Density - All densities shall conform to the approved Community Master Plan. 2. Building Coverage - The maximum building coverage shall not exceed 50% of the area covered by the Development Plan exclusive of all dedicated public rights -of - way. In determining the coverage (ground area of each dwelling) covered parking and garages shall be included. 3. Off-street Parking - Off-street parking shall conform to the current City Standards as specified in Section 25.58 of this Chapter. 4. Private Open Space - A minimum of 200 square feet of private open space per dwelling unit shall be provided on each individual lot. This requirement does not apply to structures three or more stories in height. 5. Utilities - All utilities shall be underground in accordance with the Palm Desert Municipal Code and approved by the Directors of Public Works and Environmental Services. 6. Signs - Sign provisions contained in the most restrictive zone classification for each use allowed shall apply. 7. All other standards as specified by the approved Community Master Plan and text and Development Plan and text shall be strictly adhered to. a]