HomeMy WebLinkAboutORD 564ORDINANCE NO. 564
AN ORDINANCE OF THE CITY COUNCIL OF THE C[)Y OF
PALM DESERT. CALIFORNIA. APPROVING A DEVELOPMENT
AGREEMENT SPECIFYING TERMS AND CONDITIONS OF A
MASTER PLAN OF DEVELOPMENT FOR THE VILLAGES OF
BELLA VISTA.
WHEREAS. the City Council of the City of Palm Desert. California. did on
the 8th day of December. 1988. hold duly noticed public hearings to consider
a development agreement by and between the City of Palm Desert and Beachstone
Joint Venture LTD.
WHEREAS. at said public hearing, upon hearing and considering all
testimony and arguments, if any. of all interested persons desiring to be
heard. said city council did find the following facts to exist to approve said
development agreement:
I. The agreement is consistent with the zoning on the property.
2. The agreement is consistent with the city's adopted general plan.
NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Palm
Desert. California. as follows:
SECTION 1. That the above recitations are true and correct and
constitute the findings of the council in this case:
SECTION 2. That it does hereby recommend approval to the city council
of this agreement as provided in the attached exhibit.
labeled Exhibit "A".
SECTION_ 3. That the master development plan entitled Villages of
Belia Vista_Planned _Community_ District Regulations are
attached as Exhibit "B" of the development agreement along
with associated map of development plan.
SECTION_ 4. The City Clerk of the City of Palm Desert. California, is
hereby directed to publish this Ordinance in the Palm
Desert Post. a newspaper of general circulation, published
and circulated in the City of Palm Desert, California. and
shall be in full force and effect thirty (30) days after
Its adoption.
PASSED.
City Council.
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED and ADOPTED at a regular meeting of the Palm Desert
held on this 12th day of January, 1989, by the following vote, to
BENSON. KELLY. SNYDER
CRITES, WILSON
NONE
NONE
�l
TE
SHEILA R. GAN, C,i y Clerk
City of Palm Desert,i alifornia
/fr
t
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CA-ty C 1 erk's Office
City I
Palm Desert
73-51Fred Waring Drive
P`m sert. CA 92260
FOR THE BENEFIT OF THE
CITY OF PAIAS DESERT
140 FEE
6103 OF THE GOVT. CODE
on
URDINANCE NO. 564
AN ORD 1iCE OF THE CITY COUNCIL OF THE Y OF
PALM DESERT. CALIFORNIA. APPROVING A DEVELOPMENT
AGREEMENT SPECIFYING TERMS AND CONDITIONS OF A
MAS f ER PLAN OF DEVE-LOPMEN i• FOR I HE VILLAGES OF
BELLA VISTA. `
WHEREAS, the City Council of the City of Palm Desert, California. did on
the 8th day of December. 1988. hold duly noticed public hearings to consider
a dove loprnent agreement by and between the City of Palm Desert and Beachstone
Joint Venture LTD.
WHEREAS. at said public hearing. upon hearing and conslderinq all
testimony and arguments, if any. of all interested persons desiring to be
heard. said city council did find the following facts to exist to approve said
development aor•eement :
1. The agreement is consistent with the zoning on the property.
2. The agreement is consistent with the city's adopted general plan.
NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Palm
Desert. Califor•nla. as Follows:
SECTION I. That the above recitations are true and correct and
constitute the findings of the council in this case:
SECTION 2. That it does hereby recommend approval to the city council
of this agreement as provided in the attached exhibit.
labeled Exhibit "A".
SECTION 3. That the master development plan entitled Villages_ of
Bella Vlsta_Planned_ConrinunityDistrlct Regulations are
attached as Exhibit "S" of the development agreement, along
with associated map of development plan.
SECTION_ 4. The City Clerk of the City of Palm Desert, California, Is
hereby directed to publish this Ordinance in the Palm
Desert Post, a newspaper of general circulation. published
and circulated in the City of Palm Desert, California, and
shall be in full force and effect thirty (30) days after
Its adoption.
PASSED. APPROVED and ADOPiED at a reqular meeting of the Palm Desert
City Council, held on this 12th day of Jangary_, 1989. by the following vote, to
wit:
AYES:
BEN50N. KELLY. SNYDER
NOES:
CRITES, WILSON
ABSENT:
NONE
ABSTAIN:
NONE
�} OY W SON. Mayer
TE �T :
A. / r-ACH 00C '_NTTOWFhCH TF CERTIFICATElb
TTTACHED, S 'ER iEl"�T^ 0C , /` FULL. TRUE AND
SHE[LA R. LLiGAN, v Clerk CORRECTr OPYOF-I-'ic^ :Cl'-,I;=.!_CNFiLEANDON
City of Palm Desert,' al Ifornla RECORD IN MY 0.'. J('F
/fr
Dated: !)./ � —
SHEiLA R. GiLLiGAN. Cite Clan'
. City of Palm flesert: CaAfom�ia
• - Urd•inance i;Ja. 5E4
EXHIBIT A 41
DEVELOPMENT AGREEMENT
�
THIS DEVELOPMENT AGREAMENT ("Agreement") is entered into this
r. January 12, 19W. by and between, BEACHSTONE JOINT VENTURE
Cw) LIMITED. a California Limited Partnershle ("Property Owner") and the CITY OF
N r-i PALM DESERT ("City"). a municipal corporation organized and existing under the
laws of the State of California.
R E C I T A L S
This Agreement is predicated upon the following facts:
I. Government Code Sections 65864 through 65869.5 authorize the
City to enter into binding development agreements with persons having legal or
eaultable interests in real property for the development of such property In
order to establish certainty in the development process;
2. Under Government Code Section 65865 the City has adopted rules
and regulations establishing procedures and requirements for consideration of
development agreements:
3. Property Owner has requested the City to consider entering Into
a development agreement and review proceedings have been taken In accordance
with the City's rules and regulations and Government Code Section 65867;
4. The City Council has found that this Aareement Is consistent
with the objectives. policies. general land uses and programs specified In the
City's General Plan: and
5. The Iona -term character of the development of the Project gives
rise to certain development risks and uncertainties that could. In the absence
of this Development Agreement. deter and discourage the Property Owner. Its
lenders and Sutcessor-Owners from making the long term commitments necessary to
successfully complete the contemplated development and the attainment by the
Citv of Its objectives as above discussed.
6. On January 12 . 1989, the City Council of the
City adopted Ordinance No. 564 approving this Agreement with Property Owner
and Ordinance No. 564 thereafter took effect on February 11 . 1989.
requires:
NOW. THEREFORE. the parties agree:
1. Definitions. In this Agreement, unless the context otherwise
(a) "Annexation" shall mean the annexation of the Property to
the City of Palm Desert.
(b) "City" is the City of Palm Desert.
Ordinance No. 564
EXHIBIT A
DEVELOPMENT AGREEMENT
y
(c) "District Regulations"
shall mean the pre -annexation zoning
(Z)
ordlnance
known as
Villages of Bella Vista Planned
r'
C?
Community
District
Regulations approved by the City
CV
pursuant to
Ordinance
No. . as amended W Ordinance
No.
"Effective
Date" of this Agreement shall be thirty (30)
days after
adoption.
le) "Protect" is the development of the Property pursuant to
this Agreement and the District Regulations.
(f) "Property" is the real property referred to In Paragraph 4
hereof.
(g) "Property Owner" is 8eachstone Joint Venture, limited, and
their successors and assigns.
2. Exhibits. The foliowing documents are referred to in this
Agreement. attached hereto and made a part hereof by this reference:
Exhibit
Qesignation Description
A Legal Description of the Property.
B Ordinance Nos. and . Villages of Bella
Vista Planned Community District Regulations and
Amendments.
3. Conditions Concurrent to Execution and Approval of
DeveloomentAgreement. Currently herewith. the City is considering an Amendment
to the District Regu 1 at i ons . Upon approval of said Amendment. said Amendment
shall be part of this Agreement as Exhibit B entitled. "Villages of Bella Vista
Planned Community District Regulations, as amended."
4. Description of Property. The Property which Is the subject to
this Agreement is described in Exhibit "A".
5. Interest of Property Owner. Property Owner represents that it
Is the fee simple owner of the Property.
6. Binding Effect of Agreement. The burdens of this Agreement bind
and the benefits of the Agreement inure to the successors in Interest to the
Parties hereto.
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Ordinance Wu. 564
EXHIBIT A
DEVELOPMENT AGREEMENT
7. Relationship of Parties. It is understood that the contractual
relationship between the City and Property Owner Is such that the Property
Owner Is an Independent contractor and not the agent of the City.
6. • City's Approval Proceedings for Project. On
19_. the City completed the approval of pre -annexation zoning for the
Property. These are described in proceedings designated Villages of Bella
Vista Planned Community District Regulations on file in the office of the City
Clerk to which reference is made for further particulars.
9. Hold Harmless. Property Owner agrees to and shall hold the
City. its officers. agents. employees and representatives harmless from
liability for damage or claims for damage for personal Injury Including death
and claims for property damage which may arise from the direct or indirect
operations of the Property Owner or those of its contractor, subcontractor,
agent. employee or other person acting on his behalf which relate to the
Project. The Project includes the Palm Valley Channel Right of Nay
improvements or such other public Improvements as may be dedicated to the City
or any other public entity.
10. Obiiaations of City and Property Owner.
(a) City shall provide Property Owner with all necessary and
appropriate easements over or through property owned by the City. at no cost to
Property Owner and as Identified by Property Owner, through or within the
Public right of way owned or controlled by the City for the drilling of water
and for the transmission of water from water sources within the City to the
Property or to the Palm Valley Channel, as the case may be.
(b) Property Owner shall convey clear title to the City or its
deslanee to the Palm Valley Channel Right of Way as described in Section 12
hereof.
(c) City warrants and represents that the City has completed
all general plan and other entitlements necessary to allow the fulfillment of
this Agreement.
(d) All areas designated as natural or public
within the Villages of Bella Vista Planned Community District
shall be dedicated to the City upon annexation and recordation of
divlding Planning Area 13 and 10a from the balance of the Property.
Citv covenants:
M to not de -annex the Property, and
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open suace
Regulations
a parcel map
in
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Ordinance No. 564 •
EXHIBIT A
DEVELOPMENT AGREEMENT
to forever hgive any and all open space dedication
requirement or payment of fees in lieu thereof with
respect to the property.
Not withstanding anything herein to the contrary, the covenants
set forth immediately above shall upon dedication of Planning Area 13 and
10a, survive the termination of this Agreement by default or otherwise.
Planning Area 11 shall be retained by the Property Owner
until a suitable replacement site is dedicated to tlwe City of the commencement
of construction of Sun Creek (the approximately 103 acre Parcel lmaediately
across State Highway 74 from the Property), whichever first occurs, It being
the intent of the parties to retain the flexlblllty to Incorporate Planning
Area I into a deveIgeMtproposaI, to be approved or rejected by the City. in
its sole and absolute discretion, which integrates the Property with Sun Creek.
The City and the Property Owner further acknowledge that the Property Owner is
seeking to effectuate a land exchange with the Bureau of Land Manimmment
("BLM") with respect to Planning Areas 13 and 10a and each agree to cooperate
with the -other to that end so as to expand the golf course/open space land for
any such integrated development.
II. Specific Restrictions on Development of Property. The permitted
uses of the Property, density and intensity of use, the maximum height and size
of proposed buildings and provisions for reservation and/or dedication of land
for public purposes are specifically set forth in the District Regulations and
Site Plan attached hereto as Exhibit "B".
12. Public improvements, Facilities and Services. Property Owner
agrees to provide the Palm Valley Channel Right of Way as•described in Exhibit
"C" to the City or its designee. Property Owner shall offer to convey such
Right of way at any time after the effective date of this Agreement pursuant to
the Acquisition and Reimbursement Agreement attached to the Settlement
Agreement as Exhibit "0". Such conveyance shall be accepted upon Annexation of
the Property to the City of Palm Desert.
The City agrees
aaproyMis (other than Sun
to Impose a
Creek and Villages
condition on any
of Bella Vista)
other deve 1 2ii;ment
which development
will benefit from the Site Improvements
(as defined in the Acquisition
and
Reimbursement Agreement)
requiring the owner
of any other
such
property
or
properties to enter into a reimbursement agreement
and/or pay
fees
to the
City
and/or Coachella Valley
hater District,
as appropriate,
&o reimburse
the
Property Owner with respect
to such Site Improvements.
13. Subsequent Discretionary Actions of the City. The C1ty
acknowledges that by electing to enter Into contractual agreements such as this
one. the obligations of which shall survive beyond the term or terms of the
Present members of the City Council. such action will serve to bind the City
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Ordinance No. 564
EXHIBIT A
DEVELOPMENT AGREEMENT
and future City Councils to the obligations thereby undertaken, and this
Development Agreement shall limit the future exercises of certain Governmental
and proprietary powers of the City. By obligating the City pursuant to this
Development Agreement. the City Council has elected to exercise certain
governmental and proprietary powers at the time of entering into this
Development Agreement rather than deferring its actions to some undetermined
future date such that no subsequent discretionary actions of the City shall
limit development of the orolect. The terms and conditions of this Development
Agreement have been reviewed by the City and its City Council and have been
found to be fair, just and reasonable and in the interest of the public health,
safety. welfare and economic well being.
14. Effect of Agreement on Land Use Regulations. The rules.
reaulations and official policies ooverninu permitted uses of the Property, the
density of the Property, the design. Improvement and construction standards and
specifications applicable to development of the Property are those rules.
regulations and official Policies that have been approved. adopted and amended
as of the effective date of the Ordinance aoProvina this Development Agreement,
and as set forth In -the District Regulations. During the term of this
Agreement. the Property Owner shall have the right to develop the Project In
accordance with the standards set forth in the District Regulations and City
shall not Interpret such standards so as to limit development to less than
1.066 units. a 325 unit hotel (or some combination thereof as set forth In the
District Regulations) and an 18 hole golf course unless requested to do so by
Property Owner. The City shall process the development of the Project,
including without limitation, Annexation of the Property to the City of Palm
Desert and all discretionary and ministerial approvals with all due diligence.
Master Plan Drainage fees shall be determined on a per acre basis wlthln six
(6) months from the Effective Date of this Agreement based on a master Plan
drainage study app l i cab l e to the area of which the Property Is a part. Any
such fee shall be @Mlfed only to that portion of the Property which does not
drain into the Palm Valley Channgl and shall be uniform throughout the area so
studied. Such fees shall be payable incrementally upon recordation of
subdlvision maps.
This Development Agreement will Promote and encourage the
development of the Project by providing the Property Owner and its creditors
with a greater of degree of certainty of the Property Owner's ability to
economically complete the Project. The City acknowledges and agrees that in
addition to its contractual obligation to permit development of the Project in
accordance with this Agreement. the Property Owner has made a substantial
exuenditure of funds in good faith reliance on the discretionary approvals set
forth in the District Regulations and. therefore. creates a vested right of
behalf of the Property Owner. and/or its successors or assigns, to develop the
Project in accordance with the standards set forth In this Agreement and the
District Regulations under the Constitutions of the United States and the State
of California.
Ordinance No. 564 •
EXHIBIT A
DEVELOPMENT AGREEMENT
U13
Go
TV 15. Periodic Review of Compliance with Agreement.
CO)
C12
4H (a) The City shall review this Agreement at least once every 12
month Period from the date this Agreement Is executed.
(b) During each Periodic review by the City. the Property Owner
is required to demonstrate good faith compliance with the terms of the
Agreement. The Property Owner agrees to furnish such evidence of good faith
compliance as the City In the exercise of its discretion may require.
(c) City does not waive any claim of defect In performance by
Property Owner implied if on periodic review the City does not propose to
modify or terminate the Agreement.
16. Amendment or Cancellation of Agreement. This Agreement may be
amended or cancelled In whole or In part only by mutual consent of the parties
and in the manner provided for In Government Code Section 65868, except that
failure by the Property Owner to meet those obligations set forth in item 10
(b) shall make this Agreement and all approvals, contracts, and agreements
related to this Development Agreement null and void and of no effect.
17. Enforcement. Unless amended or cancelled as provided in
Paragraph 16, this Agreement is enforceable by either party hereto
notwithstanding a change in the applicable general or specific plan, zoning.
fees Imposed as a condition to Development. subdivision or building regulations
adopted by the City which alter or amend the rules. regulations or policies
governing permitted uses of the land, density, design. improvement and
construction standards and specifications: provided, however, that this
Agreement shall -not prevent the City, in subsequent actions applicable to the
Protect and/or Property, from applying new rules. regulations and policies
which do not conflict with this Agreement and those rules, regulations and
Policies applicable on the date this Development Agreement is approved. For
Purposes of this Paragraph. the term "do not conflict" means new rules,
regulations and policies which do not:
(a) modify the permitted types of land uses. the density or
intensity of use, the maximum height and size of proposed buildings on the
Property, or Impose requirements for reservation or dedication of land or
Payment of fees. assessments. taxes. or other governmentally imposed exactions.
however denominated, other than those provided for In this Development
Agreement: or
(b) Prevent the Property Owner from obtaining all necessary
approvals, Permits. certificates and the like at such dates and under such
circumstances as the Property Owner. Its assigns and/or successor -owners would
otherwise be entitled by existing rules. regulations and official policies: or
is
Ordinance No. 564
EXHIBIT A
DEVELOPMENT AGREEMENT
aD
(c) prevent the Property Owner. its assigns and/or successor-
C C'i owners from commencing. prosecuting and finishing grading of the land,
eH constructioa Public and private improvements and satisfying the schedules as
the Property Owner. its assigns and/or successor -owners would otherwise be
entitled to do so by existing rules. regulations and official policies: or
(d) escalate the cost of construction or of selling land.
housing. and/or other structural Improvements in the Property.
The Property Owner and the City agree that the Property
Owner and the City shall cooperate in good faith in an effort to agree upon any
and all future changes in or amendments to existing rules. regulations and
official Policies. which may be Proposed for adoption.
18. Default by Property Owner. Property Owner is in default under
this Agreement upon the happening of one or more of the following events or
conditions:
(a) If a warranty, representation or statement made or
furnished by Property Owner to the City is false or proves to have been false
In any material respect when it was made:
(b) a finding and determination by the City made following a
periodic review under the procedure provided for In Government Code Section
65865.1 that upon the basis of substantial evidence the Property Owner has not
complied in good faith with the conveyance of the Palm Valley Channel Right of
Way. Failure of the Property Owner to develop the Project shall not result in
liability of the Property Owner.
19. Default by City. City Is in default under this Agreement if it
fails to accept. review. approve or Issue necessary development permits.
entitlements. or other land use or building approvals for use in a timely
fashion as defined by this Development Agreement or City otherwise defaults
under the terms of. this Agreement.'
20. Procedure Upon Default.
(a) Upon the occurrence of an event of default. the City may
terminate this Aareement in accordance with the procedure adopted by the City.
(b) An express repudiation. refusal or renunciation of the
contract: if the same is in writing and signed by the Property Owner, shall be
sufficient to terminate the Agreement and a hearing on the matter shall not be
reouired.
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Ordinan a No. 564
EXHIBI� A
DEVELOPMENT AGREEMENT
11
(c)
Non-performance shall
be
excused only
when It is
prevented
V)
or delayed by acts
of God or an emergency
declared
by the
Governor of
the State
00
.0
of California. or
the adoption of a state
or federal
law which
delays or
coprevents
performance.
(d)
All other remedies
at
law or in
equity which are not
otherwise provided
for in this Agreement
or
in City's
regulations
governing
development agreements are available to
the
parties to
pursue in
the event
there Is a breach.
21. Right to Convey. The Property Owner may convey all or any
Portion of its rights. title and interest and obligations existing from time to
time under this Development Agreement. Including the Land Use Entitlements. to
Successor -Owners. Such conveyance shall be in written form recorded in the
Official Records of the County of Riverside, California, and indexed in the
grantor -grantee index. Likewise, the Successor -Owners may establish their own
Successor -Owners.
The Property Owner will represent to purchasers of the Property
or portion thereof that the obligations of the City herein undertaken are in
full force and effect and Inure to the benefit of such successor owners. The
City acknowledges that the Property Owner might be subject to substantial
liability If the City were to default in its obligations herein undertaken.
22. Attorneys Fees and Costs. If legal action by either party is
brought because of breach of this Agreement or to enforce a provision of this
Agreement. the prevailing party shall be entitled to attorneys fees and court
costs.
23. Recordation. The Clerk of the City Council shall record this
Development Agreement with the Riverside County Recorder no later than ten (10)
days after the effective date of the ordinance_approvina this Development
Agreement.
24. Notices. All notices required or provided for under this
Agreement shall be In writing and delivered in person or sent by certified
mail. [postage prepaid. Notice required to be given to City shall be addressed
as follows:
Ramon A. Diaz
Assistant City Manager/Director of Community Development
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CaliFornla 92260
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Ordinance 140. 564
EXHIBIT A
DEVELOPMENT AGREEMENT
L]
C C`7 Notices reauired to be given to Property Owner shall be
CQ addressed as follows:
ri
Seachstone Joint Venture, Limited
1650 South Pacific Coast Hia_hway
Suite 308
Redondo Beach, California 90277
Copy to:
5tradlino. Yocca. Carlson b Rauth
Attn: Thomas P. Clark Jr.
660 Newport Center Drive. Suite 1600
Newport Beach. CA 92660-644I
A party may change the address by giving notice in writing to
the other party and thereafter notices shall be addressed and transmitted to
the new address.
25. Rules of Construction and Miscellaneous Terms.
(a) The singular includes the plural; the masculine gender
includes the feminine: "shall" is mandatory. "may" is permissive.
(b) If a part of this Agreement Is held to be invalid. the
remainder of the Agreement is not affected.
(c) If there is more than one signer of this Agreement their
obligations are joint and several.
(d) The time limits set forth in this Agreement may be extended
by mutual consent of the parties in accordance with the procedures for adoption
of an Aareement.
(e) It is intended and determined that the provisions of this
Development Aareement shall constitute covenants which shall run with the land
comorising the Nrooerty for the benefit thereof. and shall not represent
personal obligations of individual members of the Property Owner. its
successors or assigns.
26. Duration of Aareement. This Agreement shall commence upon the
effective date of the Ordinance of the City adopting this Development Agreement
and shall exuire seventeen (17) vears after completion of annexation
oroceedings. unless said term is otherwise terminated. mod IfIed or extended
pursuant to Section 16 herein.
7
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Ordinance No. 564
EXHIBIT A
DEVELOPMENT AGREEMENT
•
IN WITNESS WHEREOF. this Agreement has been executed by the parties
on the day and year first above written.
By:
Atte
I
STATE OF CALIFORNIA 1 ��V it (Z 5 ` D Iss.
COUNTY OF I
PROPERTY OWNER
BEACHSTONE JOINT VENTURE, LIMITED
dent of it'Gerrgl P ptner
On mi;� kCy' Qy ,i'%q , before me, the undersigned, a Notary Public in and for
said State, personally appeared_L=O IAA S & R A 2.1 Pob t O
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the
within Instrument as the agent at_ t4- �EtJ-�.� aZ�, �i~�t•f
the partnership that executed the within instrument, and
................a.sara............... 0......
acknowledged to me that he/she executed the same for and on OFFICIAL SEAL i
behalf of said partnership and that said partnership executed MARY P. FRAZIER
NOTARY PUBLIC--CALIFORNIA
the Sarno. ; ' NOTARY BOND FILED IN
RIVERSIDE COUNTY
WITNESS my hand and official seal. My Commission Expires July 29, 1990
w............................................
N � ` � •
m
fv
SignaturA,1
8
ro
10
(This area for official notarial seal)
Ordinance IVo. 564 •
EXHIBIT A
DEVELOPMENT AGREEMENT
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14 EXHIBIT A
H
LEGAL DESCRIPTION
Six Hundred Eiehty (680) acres located in Section 1. Township 6 South.
Rance 5 East and Section 6. Townshio 6 South. Rance 6 East. San Bernardino
Meridian located on•the west side of and known as the Villages of Bella Vista
Hiuhwav 14 and the 103 acres located In Section 6, Township 6 Southz Rance 6
East. San Bernardino Muridian located on the east side of Highway 74 and known
as Sun Creek.
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Urdinance No. 5b4
EXHIBIT B
VILLAGES OF BELLA VISTA
PLANNED COMMUNITY DISTRICT REGULATIONS
Adopted by
Palm Desert City Council
January 12, 1989
Ordinance No. 564
TABLE OF CONTENTS
Pale
to
I. INTRODUCTION ........................................ 1
cn
N
N H. GENERAL NOTES AND CONDITIONS ........................ 2
III. PROJECT DESCRIPTION .................................. 7
IV. STATISTICAL ANALYSIS AND SUMMARY ..................... 8
V. RESIDENTIAL DEVELOPMENT REGULATIONS ................ 11
VI. RESORT RESIDENTIAL REGULATIONS ...................... 14
VII. OPEN SPACE/RECREATION REGULATIONS ................... 16
VIII. GENERAL. DEVELOPMENT STANDARDS 18
IX. PLAN REVIEW REQUIREMENTS ........................... 20
X. LEGAL DESCRIPTION ................................... 22
1. INTRODUCTION
000b '
too The purpose of the Planned Community District Regulations for the Villages of
r. Bella Vista is to:
CQ I. Provide the developer with greater flexibility in site design, density
r allocation, and development options in order to stimulate variety and
innovation within the framework of a quality recreation oriented residential
community.
2. Encourage the development of a functional, well-balanced community and
provide the necessary public facilities, ample open space, and recreational
amenities.
I Enhance and implement the City's General Plan.
4. Ensure that development occurs in an orderly fashion through long-range
planning which promotes a quality environment and has a desirable
character.
5. Enable the city to adopt measures far the surrounding area which are
compatible with the Planned Community District Zone.
6. To recognize the inherent value of the natural amenities, features, and
resources and to ensure their protection through careful planning.
7. Provide criteria for the inclusion of compatible uses designed to complement
the residential development within the community.
B. Authority and Scope
These district regulations, established pursuant to Title 25 of the Palm Desert
Municipal Code, specifically chapter — PCD-Planned Community District zone,
art applicable to the area defined in Section X herein and hereinafter referred to as
the Villages of Bella Vista Planned Community.
e Phinning Center t iUages of Beira r.rra
to
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II. GENERAL NOTES AND CONDITIONS
A. Purpose
•
This section is included to provide definitions, methods of statistical computation,
provision for services; relationship of this document to existing codes, and other
miscellaneous notes required for clarification.
B. General Notes
1. Any land use regulations not specifically covered by this plan and
supplemental text shall be subject to the regulatiotis of Title 25, Zoning in
the City of Palm Desert Municipal Code.
2. All construction within the boundaries of the Villages of Bella Vista
Planned Community shall comply with all provisions of all construction and
building codes applicable in the City of Palm Desert.
3. Terms used in this ordinance shall have the same meaning as defined in the
City of Palm Desert Municipal Code unless otherwise defined herein.
4. Public services and utilities will be provided by the following public/private
agencies unless otherwise approved during the adoption of the Land Use
Development Plan:
a. Water - Coachella Valley Water District
b. Sewer - Coachella Valley Water District
c. Flood Control - Coachella Valley Water District
d. Electricity - Southern California Edison Company
e. Natural Gas -,Southern California Gas Company
f. Telephone - General Telephone Company
g. Schools - Palm Springs and. Desert Sands Unified School District
h. Public Parks - Coachella Valley Recreation and Parks District
i. Fin Protection - Rivbrside County Fire Department
j. Police Protection - Riverside County Sheriff Department
k. Solid Waste Disposal - Riverside County Road Department and Palm
Desert Disposal Services
1. Television - Coachella Valley Television
5. Whenever the regulations contained herein conflict with the regulations of
Chapter 25.22 (Planned Community District Zone), or other pertinent
sections referred herein of the municipal code, the Planning Commission
shall make a determination concerning which regulation shall apply. This
determination shall be effective after review by the City Council.
b. Conventional Single -Family. Development as referenced herein is defined as
areas developed in such a .manner that each dwelling unit is situated on a
residential lot of record and no lot contains more than one dwelling unit.
e Planning Center 2 The Villaps a isra
7. Cluster Development as referenced herein is defined as an arrangement of
dwelling units. attached or detached, and their accessory structures.
I
constructed on smaller lets .,f record such that yards and open spaces are
pp
combined into more desirable arrangements of common area.
8. Model homes and their garages and private recreation facilities may be used
rt
as offices for the first sale of homes within a recorded tract and subsequent
similar tracts utilizing the same architectural designs, subject to the
regulations of the City of Palm Desert governing said uses and activities.
Model home complexes may be constructed prior to recordation of final
maps subject to approval of the Director of Community Development.
9. A conceptual grading plan for the entire parcel must be submitted and
approved by the Director of Public Works and the Director of Community
Development prior to the approval of any tentative tract map.
The applicant may obtain permits for rough grading after approval of
conceptual grading plans by the Director of Public Works and the Director
of Community Development
Detailed grading plans must be submitted with each tentative tract map and
final grading may not be commenced until the recordation of a final tmct
map.
Grading shall be permitted outside of an area of immediate development if
consistent with the conceptual grading plan.
10. Gross residential density, as used herein. is the total residential units
permitted (or projected as applicable) divided by the total residential area.
(The total residential area is the area indicated on the Villages of Bella
Vista Master Plan).
11. The maximum numbers of allowable residential dwelling units, exclusive of
the hotel. is 1066.
12. The maximum number of hotel rooms is 325 for the Villages of Bella Vista
planned community. That number may be exceeded only by a
corresponding one for one reduction in residential dwelling units.
13. Residential development in Planning Units 1 through 4 and 6 through 9
identified on the Land Use Development Plan (Mixed Residential) can
accommodate all residential densities and produLt types permitted by the
City of Palm Desert Municipal Code.
14. All areas west of the line delineating areas of 10% slope or greater are
shown on attached map, Exhibit D. shall be subject to Chapter 25.15
(Hillside Residential District) of the Palm Desert Municipal Code.
t PlanninS Venter 3 The Villages of Pella uta
1 S. A destination/resort hotel and. its - related ancillary uses (e.g., detached
In cottages, tennis courts, etc.) shill be * permitted in Planning Units 6, 9 and
Go 10 in accordance with the development standards defined herein.
N16. Circulation routes indicated on the Land Use Development Plan reflects the
rl general location of those streets. All streets will be private and constructed
to City of Palm Desert private street standards.
17. Minor changes in the location or configuration of land use development
areas, as designated on the Land Use Development Plan, may occur as site
plans are developed. These changes will be subject to the approval of the
Community Development Director. Minor Changes are defined as
realignments of no more than 200 feet of development area boundaries.
18. Detached hotel units (cottages, condo, etc.) may be sited and developed
anywhere within the boundaries of Planning Areas 1 through 4 and 6
through 10 subject to the approval of a site plan by the Palm Desert City
Council after review by the Planning Commission.
19. Conditioned upon Caltrans approval, access to the project shall be via a
signalized intersection on Highway 74 by the developer. Access will also
be provided from Cahuilla Way.
20. Incremental Tentative Tract Maps (covering less than a total planning unit)
may be filed and approved subject to consistency with approved
development plan and development schedules.
C. Conditions
1. The applicant shall dedicate and improve the west side (and east side where
property frontage exists) of Highway 74 in accordance with the Palm Desert
Master Plan of Streets and any requirements imposed by the California
Department of Transportation (Caltrans). Improvements to Highway 74
would occur in concert with development of residential planning units
adjacent to that arterial.
2. The schedule for improvement of Highway 74 shall be approved by the
Planning Commission. Said schedule shall assure that improvements shall
be made as part of development plans adjacent to the highway. Should
development begin at other than the south or north property lines, any
highway improvements shall include the frontage being developed and shall
extend to the closest south or north project boundary. Hotel construction
will require full improvement of the west side of Highway 74 frontage. All
improvements of Highway 74 require Caltrans approval.
3. A Grading Master Plan shall be required with the Villages of Bella Vista
Development (Site) Plan.
[ Planning Center 4 Th. Males q t a tJW
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4. Land designated as natural nr public open space on the Land Use
Development Plan shall )e dedicated and shall fulfill the requirements for
any recreation land dedication or in -lieu fee. Dedication of areas designated
as natural or public open space may occur at' any time but no later than the
C,
recordation of any parcel or tract map on the subject site, or approval of
any development plan, or dedication plan if the City Council elects to adopt
such a document.
Area I will be dedicated to the City of Palm Desert but the area may be
traded within a two-year period of time after annexation of the Village of
Bella Vista property to the City of Palm Desert for a like and comparable
site for the same use contingent upon the mutual agreement of the City of
Palm Desert and the property owner.
S. On -site drainage facilities, other than the Palm Valley Channel, will be
constructed by the developer subject to approval of design and schedule by
the City of Palm Desert.
b. All 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 putt of the
development.
7. All landscaping shall conform to an overall master landscape concept and
standards approved by the City of Palm Desert.
8. 'lire property -shall be annexed to the appropriate stormwater, sewer, and
water units of the Coachella Valley Water District.
9. Private streets shall be constructed to City of Palm Desert private street
standards, and applicant shall provide a program of maintenance for said
streets in the CC&Rs.
10. Street and paseo lighting standards shall be developed to City of Palm
Desert standards.
11. Sizing of all backbone facilities and utilities shall be predicated on
maximum density proposed.
12. Location and plans for any required water reservoirs shall be submitted to
the City for approval. Said facilities may be located in the natural open
space areas subject to approval of City of Palm Desert and CVWD.
13. The Master Plan of drainage fees shall be in the amounts determined by a
plan and study encompassing the Villages of Bella Vista project area,
14. Prior to the issuance of a grading permit, or the approval of any tentative
tract map, or the issuance of any building permit for any or all uses
permitted herein, a Development Plan for the Villages of Bella Vista
The Planning C7enler 5 The Ohiget O e a rfra
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Planned Community, or any portion thereof as designated by the Director of
Community Development of his representative. shall be submitted to and
and approved by the Planning Commission.
00 15. Planning unit boundaries shall be precisely determined prior to the approval
�
of the development/site plan.
ri16. All vehicular gates shall be designed for a minimum stacking of 4 cars per
lane and to the satisfaction of the Director of Public Works and
Environmental Services and Caltrans.
17. Owner may file all necessary zoning and subdivision applications
concurrently.
l8. All fees and/or charges imposed by the City of Palm Desert as a condition
of development approval shall be on types of fees and/or charges in effect
as set forth in City ordinances as of the date hereof except as set forth in
Condition No. 14 above.
19. The applicant shall provide 5100 per unit and $100 per 1,000 square feet of
resort residential area (hotel) for fire protection to be paid at the time of
issuance of building permits.
e Planning Center 6 The Viragej e a tsta
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Ill. PROJECT DESCRIPTION
A. Location
•
in The Villages of Bella Vista property encompasses approximately 675 acres at the
� southerly limit of the City of Palm Desert. Portions of the site are located in
C11 Section 1 in Township 6 South. Range 5 East and Section. 6 of Township 6 South,
Range 6 East of the San Bernardino Bench and Meridians. The Villages of Bella
e4 Vista is bounded on the east by Highway 74 ("Pines to Palms" Highway) which
actually separates a small portion of the site in the southeastern corner for the
majority of the property. The northerly, westerly, southerly and southeasterly
property boundaries are section lines or segments thereof (refer to Legal
Description, Section X).
B. Description
The Villages of Bella Vista presents an opportunity to establish a planned
community that creates a village environment. This environment can be achieved
by coordinating the size, scale, and aesthetic cohesiveness of development with
natural open space and complementary land uses.
The Villages of Bella Vista is a recreational -oriented, private community,
comprised of 1,066 mined residential dwelling units, a 325-room destination/resort
hotel, and open space which will be dedicated to the City of Palm Desert. The
Palm Valley Channel, a major flood control facility bisects the easterly portion of
the 675-acre property generally in a north -south direction.
l Planning Center i[ Villages O Bella Vista
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IV. STATISTICAL ANALYSIS AND SUMMARY
A. Purpose
C
The purpose of this section is to provide the statistical summary for all land uses
reflected on the Villages of Bella Vista Land Use Development Plan.
B. General
1. The Villages of Bella Vista Planned Community has been divided into 13
planning units which are identified on the Land Use Developrent Plan.
2. The individual acreages indicated in the Statistical Analysis and on the Land
Use Development Plan are calculated to the nearest half acre based on
planimeter readings. Slight modifications that may result from technical
refinements in the development permit and subdivision process will not
require an amendment to the PCD, providing the spirit and intent are
maintained.
C. Statistical Analysis
Planning
Unit Land Use
Density
Area Range
(In Acres) (DU/AC)
Average
Density No. of
(DU/AC) DUs
1
Low Density Res.
17.5
.2-5
5.0
87
2
Low Density Res.
50.5
.2-5
3.0
151 ,
3
Low Density Res.
35.0
.2-5
4.0
140
4
Low Density Res.
25.0 .
.2-5
3.5
97
5
Very Low Density Res.
44.5
.2-3
1.0
44
6
Low Density Res.
27.5
.2-5
3.6
98
7
Medium Density Res.
17.5
.2-7
7.0
122
8
Medium Density Res.
24.5
.2-7
6.6
161
9
Low Density Res.
35.5
.2-5
5.0
176
10
Hotel
13.5
---
--
I I
Potential Rec. Area
5.0
---
---
12
Palm Valley Channel
29.0
---
---
---
13
Open Space
350.0
---
---
-
675.0
3.8
1066
(Avg.)
*Hotel will have 325 rooms (maximum)
e Nanning Cenier 8 The Majej o e a um
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exhibit d
t 71famning Center y The Villascs of e a rsca
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D. Residential Dwelling Unit Density and Summary
1. Maximum Dwelling Units
M The concept of "maximum dwelling units" zoning shall apply to these
N regulations. The maximum number of residential dwelling units permitted
in the Villages of Bella Vista is 1066 as indicated on the Land Use
Development Plan.
2. Permitted Dwelling Unit Range
These regulations provide for a range of dwelling units in four residential
categories: Very Low, Low, Medium, and High Density Residential Density
as reflected on the Land Use Development Plan.
E. Density Transfer
In order to accommodate residential diversity of the various Planning Units ranges
from 1 d.u. to 7.4 d.u.s per acre. In the event that a Planning Unit is developed at
a density less than the density identified in the Statistical Analysis, which is a part
of this Ordinance, there shall be no transfer of the lost density/units to another
Planning Unit. The total number of dwelling units permitted within this Planned
Community shall not exceed 1066. Densities may vary within planning units so
long as they do not exceed the number indicated in the statistical analysis and the
Land Use Development Plan for the Villages of Bella Vista.
F. Hotel Development
The hotel proposed for the Villages of Bella Vista is intended to be a
destination/resort complex and could consist of several alternatives, including a
series of structural arrangements (i.e.. detached building clusters and/or cottages), a
single building, or a combination of the above.
e PLanning Center 10 The Wages o e a rsta
V.
A.
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RESIDENTIAL DEVELOPMENT REGULATIONS
(as modified by Chapter 25.2.5 HPR District where applicable)
Very Low Density Residential (Planning Unit 5)
I. Purpose
The area designated for this category of land uses in the Villages of Bella
Vista is for development of large lot, estate. single-family detached
residences on lots which are irregular in shape in size and which maintain
the natural character and considers topographic constraints.
2. Uses Permitted
a. One, single-family detached dwelling unit of permanent character and
location
b. Uses permitted in Open Space, Section V U, herein
3. Accessory Uses Permitted
a. Accessory buildings, including garages
b. Swimming pools
C. Fences and walls subject to approval by the Architectural
Commission
d. Home occupations in compliance with Chapter 25.66 of the Palm
Desert Municipal Code
C. Accessory living (servant) quarters in a detached building when the
area of the lot is not less than one (1) acre
f. Private greenhouses and horticultural collections
g. The keeping of pets of a type readily classified as being customarily
incidental and accessory to a permitted principal residential use when
no commercial activity is involved. The keeping of equine, bovine,
ovine, wild, exotic, or non -domestic animals is prohibited.
h. Private recreational facilities, including but not limited to. golf
courses, tennis courts, and clubhouses ancillary to those uses.
4. Site Development Standards
a. Minimum Building Site Area - 10,OW square feet
b. Maximum Building Site Coverage - 40 percent
e n;Rns Center Tht Majes a rsta
lei C. Maximum Building Heights -.1 story not to exceed 18 feet.
d. Minimum Dimensions - The following minimum dimensions shall be
N observed; however, such dimensions may be modified by the
r1 Planning Commission at the time of review of a specific site plan or
subdivision map.
(1) Lot Width - 90 feet
(2) Lot Depth - 100 feet
(3) Front Yard Setback - 20 feet
(4) Side Yard Setback - 15 feet
(5) Rear Yard Setback - 20 feet
B. Mixed Residential Density
(Planning Units 1 through 4 and 6 through 9)
1. Purpose
The areas designated for this category of land uses in the Villages of Bella
Vista are for development of a wide variety of residential densities, product
types, and ancillary uses ranging from single family detached residences to
multiple family development. Any character of residential development is
intended to be permitted as long as it meets all applicable regulations, is
consistent with all elements of the General Plan and the gross residential
density or the maximum dwelling units per gross residential acre of the
project does not exceed that specified in Section IV, Statistical Analysis.
2. Uses Permitted
a. Single-family detached residences
b. Single-family attached residences
C. Duplexes .
d. Townhomes
e. Condominiums
f. Cottages, ancillary to the hotel
g. Private recreational facilities, including but not limited to, golf
courses. tennis courts and clubhouses ancillary to those uses
h. Any use permitted in the Recreation Category
3. Accessory Uses Permitted
a. Accessory buildings, including garages
b. Swimming pools
C. Fences and walls subject to approval by the Design Review Board
e Minning Center 12 The Villages of Bella Vista
4. Site Development Standards
a. Conventional subdivisions
Site development standards for conventional (single-family)
residential subdivisions as defined in Section.11 shall be in
H accordance with Chapters 25.16.050 et• sea, and 25.18.050 el,sq„ of
the City's Municipal Code.
b. Cluster development subdivisions
Site development standards for subdivisions which employ clustering
as (townhomes, condominiums, etc.) as defined in Section H shall be
in accordance with Chapter 25.20.050 fig., of the City's
Municipal Code.
77je PlanninS Center 13 The VsllaSej of Bella Vista
B.
C.
10
E.
RESORT RESIDENTIAL
Planning Units 6. 9 and 10)
Purpose
This land use is intended to provide for and encourage the development of uses
which are directly related to entertaining, housing, or supplying services to the
tourist.
Uses Permitted
1. Destination/resort hotels
2. Restaurants/cafes
3. Cottages, ancillary to the hotel
Accessory Uses Permitted
1. Laundry/valet service
2. Special retail, including beauty shops, barber shops, and concession stands
or shops
3. Entertainment lounge
4. Banquet and convention center/conference facilities
S. Ball room
6. Recreational facilities, including swimming pools, spas, saunas, golf courses
and tennis courts
7. Uses specifically approved by Planning Cor unission as being accessory uses
Conditional Uses Permitted
1. Sale of alcohol beverages in hotels
2. Private lodges or clubs
Site Development Standards
1. Minimum Building Site Requirements
The size and shape of the site proposed for the use shall be adequate to
allow the full development of the proposed use in a manner consistent with
the stated purpose and intent of this zone. Adequate provision shall be
made for the safe and orderly circulation of both pedestrian and vehicular
traffic between the proposed site and all streets and highways and between
coordinated facilities, accessways or parking areas on adjacent sites. The
proposed development shall not limit or adversely affect the growth and
development potential of adjoining lands or the general area in which it is
proposed to be located.
t Planning (.enter 14 The Villages of Beira Vula
2. Maximum Building Site Coverage
Maximum building site coverage shall not exceed forty (40) percent of the
in total site area.
CO)3. Maximum Building Height
ti The maximum building height shall be two stories or twenty-four feet (24').
However, in keeping with the purpose of these regulations to provide the
developer with site design flexibility, variations and exceptions to the height
limitations may be made by the Palm Desert City Council after review by
the Palm Desert Planning Commission.
4. Minimum Dimensions
Building setbacks - The minimum setback from any boundary shall be equal
to the height of the structure on the site, but not less than twenty (20) feet
as a minimum unless otherwise specified on the development site plan.
e rianning Center a VillaSes of a rstar
VII. OPEN SPACE/RECREATION RErA iLAT10NS
A. Open Space
o�0 1. Purpose
CVThis area is established for the preservation of open space and significant
e-1 natural resources. The intent of this area is to protect, to the extent
possible, the resources of notable scenic, natural, geologic or historical
value.
2. Uses Permitted
a. Bicycling, hiking and golf cart trails, and directional trail signs.
b. Local and buffer greenbelts
C. Wildlife preserves and sanctuaries
d. Archaeological sites
e. Historical preserves
f. Screening, walls, fencing and vegetation
S. Forest maintenance/ranger stations
3. Conditional Uses Permitted
a. Communications and utility facilities
b. Education and research facilities
C. Facilities necessary to preserve open space, including public facilities
4. Site Development Standards
Site development standards in the Open Space category shall be in
accordance with Chapter 25, Section 42.040 through 42.140 of the Palm
Desert Municipal Code.
B. Recreation Category
1. Purpose
This area has been established to provide and maintain private recreational
facilities for residents living in the Villages of Bella Vista Planned
Community and guests of the hotel.
e Planning Center 16 The: ageJ of Bella Vista
2. Permitted Uses
in a. Private parks. recreational facilities (e.g., tennis courts, spas.
M swimming pools, etc.)
H b. Golf courses and ancillary structures (i.e., clubhouse, maintenance
facilities, etc.)
C. Bicycling and hiking trails
d. Local and buffer greenbelts
3. Conditional Uses Permitted
a. Restaurants associated with golf course/recreation activities
b. Utilities
C. Signs in accordance with Chapter 25.68 of the Palm Desert
Municipal Code
4. Site Development Standards
a. Minimum Building Site Area - Per approved site plan
b. Maximum Building Site Coverage - Not to exceed ten (10) percent
unless otherwise provided for by an approved site plan or use permit.
C. Maximum Building Height - Two stories or twenty-four feet (24')
unless a waiver is approved by the Palm Desert City Council after
review by the Palm Desert Planning Commission.
s
d. Minimum Dimensions - All buildings, structures and parking
facilities shall be set back a minimum of twenty (20) feet from all
property lines and any public or private stmet, unless otherwise
provided for by an approved site plan or use permit.
` no Planniffs Center 17 Nudges a ,sta
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Vill. GENERAL DEVELOPMENT.;ST, A.ND'ARDS
00
c A. Purpose
rlThe purpose and intent of this section is to establish general overall standards for
development, in addition to those established for specific uses by other sections of
these regulations.
B. General Provisions
1. Street Standards
As indicated, all streets proposed in the Villages of Bella' Vista Planned
Community shall be private, designed in accordance with Chapter 26,
Article 26.13 of the Palm Desert Subdivision Ordinance as follows:
a. Village Collector
This four -lane loop road which provides access to the PC will have
an 80-foot right-of-way and a 64-foot paved section.
b. Residential Collector
A *two-lane residential collector, this roadway wilt have a 60-foot
right-of-way with a 40-foot paved section.
C. Plivate Local5tregss
These residential streets will provide access to the development areas
and have a 44-foot right-of-way and two travel lanes in a 32-foot
paved section.
2. Parking Standards
All off-street parking and loading shall comply with the provisions of
Chapter 25.58 of the Palm Desert Municipal Code.
3. Grading Standards
It is the intent of this PC that graded areas will be contoured to blend with
natural landform characteristics. A Master Grading Plan shall be submitted
to and approved by the City at such time as the Development Plan is
submitted. Subsequent development/site plans shall be in conformance with
the approved grading concept for the Villages of Bella Vista. Grading shall
be in accordance with the City's applicable ordinance.
4. Design Standards
Design concepts for planning and architectural elements shall be submitted
as necessary to illustrate the intended community character. These may
include special building line regulations, energy conservation proposals,
theme establishing architectural styles, and other design features of a similar
e Planning Center 13 The Widgej o Bella V4
nature. Included _ shall • be the proposed development standards (i.e.,
permitted land uses, loa c.s,+t:age. height and bulk requirements, signs. etc.)
in for each land use area and designation. Development to occur in phases
Go
r4 shall be so indicated on the plan.
C1
CQ S. Landscape Standards
Landscape materials shall enhance the major architectural design elements
through the coordinated use of indigenous and introduced plant species,
lighting, massing, etc. Landscaping shall be in accordance with a
Landscape Concept Plan submitted to and approved by the City prior to
approval of the Development Plan. A community association shall be
established which is responsible for landscape maintenance.
6. Fencing and Walls
Fences and walls shall also be used on the perimeter of properties to define
property limits. separate use areas where appropriate, and provide on -site
security. Fencing, walls and other structural barriers shall be designed of
similar materials, colors and general style as the primary buildings on a site
and be approved by the City's Architectural Review Board.
7. Signs
Signs shall be used for the purpose of identification and direction. The
design of permitted signs shall be architecturally integrated with the building
design. The design of identification and directional signs including the
location. materials, colors, copy and the method of signing, size and
construction shall be approved by the City in accordance with Chapter 25.68
of the Palm Desert Municipal Code.
8. Trash and Storage Areas
All storage of cartons, containers and trash shall be shielded from view by
containment within a building or within an area enclosed by a wall not less
than six (6) feet in height and, if uncovered, not within forty (40) feet of
any residential area.
e Plannigg (, enter Maps of YeTZ-VGG
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IX. PLAN REVIEW REQUIREMENTS,-. •-,
A.
19
C.
Purpose
This section is established to ensure that the overall purpose and intent of this
Planned Community is satisfied and implemented in an orderly manner. All
development within the Villages of Bella Vista Planned Community shall be
subject to these regulations.
Development/Site Plan Review
After the establishment of the PC District Zone an application for approval of a
Developrnent/Site Plan which is in substantial conformance with the approved
Villages of Bella Vista Land Use Development Plan shall be filed with the
Planning Commission. A Development/Site Plan may cover all or a portion of the
Planned Community. Review and approval of subsequent Development/Site PIans
shall be in accordance with the City's adopted Design Review Process. No
building permit shall be issued for any new building or structure unless a
Development/Site Plan covering the area has been approved.
Development/Site Plan Contents
1. The Development/Site Plan shall set forth the following:
a. The exact boundaries and legal description of the property to be
developed.
b. All proposed improvements that are to be constructed on the land
and their precise locations including. but not limited to, all residential
facilities, walls and fences, trash areas, streets, and walk areas.
C. Common open space showing size, grades, and function upon
completion.
d. The location and dimension of all off-street parking facilities, public
and private.
e. A tabulation of the. percentage of total building coverage of the
development.
f. A tabulation of densities within each project area or sector.
2. BuiIding 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.
The Planning Center /it Villaget of Bella Mia
4. Floor plans of typical dwelling units, the unit size in square feet, and the
amount of private opmo sgLej in square feet.
to
S. If appUcable, a subdivision map showing, land divisions. The tentative and
Cl) final subdivision map shall comply with the City Subdivision Ordinance and
N the State Subdivision Map Act.
6. A proposed construction schedule from ground breaking to occupancy. All
common open space, as well as private 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.
7. Prior to approval of any Development/Site Plan: the following shall be
submitted to and approved by the City of Patti Desert Design Review
Board.
a. Grading Plan
b. Conceptual Landscape Plan
e Planning Center Maps of 77M-Vu'-t—a
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X. LEGAL DESCRIPTION . - , , $ " f
The legal description of The Villages of Rancho Bella Vista is as follows:
Parcels 1, 2, 3, and 4 of Parcel Map No. 16259 as recorded in Parcel Map -Book 89,
Pages 35, 36, and 37, Official Records of Riverside County, California.
e Planning Center 22 1he Villagej o t o esta