HomeMy WebLinkAboutOrd 117 Nek
ORDINANCE NO. 117
AN ORDINANCE OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, ADOPTING SPECIFIC PLAN OF
LAND USE NO. 10-008 FOR AN AREA IMMEDIATELY
NORTHWESTERLY OF THE INTERSECTION OF
CAREY ROAD AND CLARETA DRIVE.
WHEREAS, it has been proposed that a specific plan of land use be
adopted as referred to hereinafter, for that certain area and block of land in
the City of Cathedral City immediately northwesterly of the intersection of
Carey Road and Clareta Drive; and
WHEREAS, pursuant to requirements of the Planning and Zoning Law of
the state of California, this City Council and the Planning Commission have
each held at least one public hearing on said proposal, with notices thereof
having been given in compliance with the applicable provisions of said Planning
and Zoning Law; and
WHEREAS, the Planning Commission has made its report to this City
Council, regarding the proposed adoption of the said specific plan of land use;
and
WHEREAS, all environmental procedures pursuant to the California
Environmental Quality Act have been completed regarding the proposed
adoption of the said specific plan of land use; NOW THEREFORE,
The city council of the City of Cathedral City does ordain as follows:
SECTION 1. The Specific Plan on file with the City Clerk entitled
Specific Plan No. 10-008 including final approved conditions and exhibits hereby
is adopted as the Specific Plan of Land Use for the real property shown on the
Plan and generally encompassing an area immediately northwesterly of the
intersection of Carey Road and Clareta Drive; and said real property shall be
developed substantially in accordance with the Specific Plan unless the Plan is
repealed or amended by the City Council of Cathedral City.
SECTION 2. Allowable uses and other land use regulations within the area
of Specific Plan No. 10-008 shall be as prescribed in the R3 zoning district,
except as otherwise herein provided. The regulations encompassed by Specific
Plan No. 10-008 in combination with those regulations contained in Division B
of Article V of the Cathedral City Zoning Ordinance shall supplement the said
R3 regulations, but shall supersede the same to the extent of any inconsistency
between the two sets of regulations and to the extent that both such sets
cannot be applied in compatible fashion.
SECTION 3. The Official Zoning Map of the City, Division B of Article II
of Ordinance No 80, the Cathedral City Zoning Ordinance, hereby is amended
by deleting the zoning designation R3-S and showing in lieu thereof a letter S
within a circle, with regard to the real property encompassed by Specific Plan
No. 10-008 and comprising an area immediately northwesterly of the
intersection of Carey Road and Clareta Drive.
00071d
SECTION 4. Pursuant to Section 1.c.(2) of Division B of Article V of
Ordinance No. 80, the Cathedral City Zoning Ordinance, the City Clerk is
authorized and directed to cause Specific Plan No. 10-008 together with a
certified copy of this Ordinance to be recorded in the Office of the County
Recorder of Riverside County, and said Specific Plan No. 10-008 shall not
become effective until thirty (30) days after the date of adoption of this
Ordinance or until the date of recordation, whichever is later.
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SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 6. POSTING. The City Clerk shall within 15 days after the
passage of this ordinance, cause it to be posted in at least the 3 public places
designated by resolution of the City Council; shall certify to the adoption and
posting of this ordinance; and shall cause this ordinance and its certification,
together with proof of posting, to be entered in the book of ordinances of this
City.
The foregoing ordinance was approved and adopted at a meeting of the
City Council held on September 18 , 1985 by the following vote:
Ayes: Councilmembers Krings, Murphy, Paquette, Smith and
Mayor Martin
Noes: None
Absent: None
Zee ...e'_ / -
AYOR
ATTEST
CI .Y CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
CITY TTORNE .,,y-E✓ MA GER '1
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE
NO. 1_x_7....___ WAS DULY ADOPTED BY THE CITY COUNCIL
OF t141. Cs-T. ,;- CATHEDRAL CITY, CAL VNIA, IN A /
MEETING ..IhiE==E.OF HELD ON THE P DAY 01w 4-
198,,E AND THAT SAME WAS POSTED IN AT LEAST TH /HRH
PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID
CITY COUNCIL.
/J/.f� / i i.'i�
CITY CLERK 000719
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:' : ::Cathedral City SPACIFIC PLAN N.T.
Date
. M : 68625 Pares Road No. 10-008 6-19-85
J
Cathedral CNy, Co. 92234 i
%p, •�'• 324-83CC DEPT. of COMMUNITY DEVELOPMENT Std. Dwy.Na
000720
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CONDITIONS
Miscellaneous:
1. That the development of the premises substantially conform with that as
shown on the exhibits contained in Specific Plan 10-008.
2. The subdivider shall submit a Soils Report as may be required by the City
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Engineer for approval prior to recordation of the final map.
3. That an agreement shall be prepared by the developer and approved by
the City Council and City Attorney relative to the level and extent of
proposed maintenance of all landscaped areas, public and private, required
to be installed as a condition of the approval of the subject tract. Such
agreement shall provide that this landscaping shall be maintained at no
cost to the City.
4. That the conditions and requirements included with the approval of
Conditional Use Permit Case No. 3-059 and Tentative Tract Map 20622
are hereby incorporated as conditions to the approval of the subject
Specific Plan Case No. 10-008 as if fully set forth herein.
5. Prior to building permit issuance or final map approval the applicant shall
submit to the City the following documents which shall demonstrate, to
the satisfaction of the City Attorney, that the total project will be
developed and maintained in accordance with the intent and purposes of
this approval:
a. Articles of Incorporation of Homeowners/Time Sharer's Association,
which shall include provisions for the maintenance of the project units,
grounds, landscaping, and improvements.
b. Covenants, conditions and restrictions (CC&R's) to be recorded.
6. If the project were to convert to other than time share condominiums in
the future the developer will be required to provide additional parking per
Ordinance requirements.
Site:
7. That a phasing plan be approved by the Planning Commission and be
presented describing and establishing an improvement schedule for all
public and private development.
8. That a concrete block wall shall be required around the entire perimeter
of the subdivision. Detailed plans of the perimeter wall in terms of
materials, location, and construction shall be submitted to, reviewed and
=$ approved by the City prior to issuance of a Building Permit for the
construction of said wall.
Street and Drainage:
9. Prior to final map approval or building permit issuance, whichever occurs
first, the subdivider/developer shall execute a recordable covenant or
contract in which he agrees to
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a. Participate in and not protest the formation of an Assessment District
for the acquisition of and improvement of streets in the Jones
Road-Carey Road-Cree Road area, or failing the formation of an
Assessment District, to agree to pay the street development fees and
to comply with the provisions of a Specific Plan for the same street
acquisitions and improvements to be adopted at a later date.
b. Participate in and not protest the formation of an Assessment District
for acquisition of rights-of-way and improvement of a major storm
drain improvement in the general Jones Road area.
10. If neither the Street Assessment District has been formed nor the specific
plan for streets has been adopted by the time of final map or building
permit approval, the developer shall pay as a deposit against future street
assessments $676.00 per dwelling unit, less a credit, to be determined by
the City Engineer for his construction and improvement of Carey Road.
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11. Prior to final map approval or building permit issuance, whichever occurs
first, the developer must provide the City Engineer with suitable evidence
from a title company showing that the property, and each unit thereon,
has insurable, legal road access, either by means of a public or private
road easement, at least 30 feet wide, to an improved public street, and
that such access is in a form which can be conveyed to the property or
unit owners.
Such public or private road easement shall be paved with asphalt
pavement at least 24 feet wide from the boundary of the development to
the improved public street. The paving of the road easement shall be
included in the other improvement securities for the development.
12. Prior to final map approval the developer shall enter into an agreement
with the City in which it is agreed that if the developer cannot acquire
the required off-site easements for road access, utilities, or other public
purposes within a specific period, then the City may use its eminent
domain powers to acquire the needed easements at the developer's
expense all pursuant to Section 66462.5 of the State Subdivision Map Act.
Street and Roadways:
13. The public street on the south side of the tract shall be dedicated and
improved to the following minimum standards:
Carey Road
30' half-street right-of-way
20' paved travelway
concrete curb and gutter with
5' concrete sidewalk
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