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HomeMy WebLinkAboutOrd 203 ORDINANCE NO. 203 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY AMENDING DIVISION B OF ARTICLE V OF THE ZONING ORDINANCE BY COMPREHENSIVELY MODIFYING THE GENERAL PROVISIONS CONCERNING SPECIFIC PLAN PROCEDURES. The city council of the City of Cathedral City does ordain as follows: SECTION 1. Pursuant to state and local environmental guidelines, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment and therefore a negative declaration is approved. SECTION 2. Section 120 of Division B of Article III of the Cathedral City Zoning Ordinance hereby is repealed. SECTION 3. Division B of Article V of the Cathedral City Zoning Ordinance hereby is amended to read as follows: Division B. Specific Plans Sections 1. Intent and Purpose 2. Initiation 3. Types of Specific Plans 4. Preparation 5. Use Regulations 6. Site Planning 7. Environmental Review 8. Approval Process Section 1. Intent and Purpose The intent and purpose of the specific plan is to accomplish any or all of the following: a. Provide a method for and to encourage the orderly implementation of the General Plan and any applicable regulations by the comprehensive planning and development of large areas of land under unified ownership or developmental control so that the entire area will be developed in accord with an adopted master plan and to provide an environment of stable and desirable character. b. Provide a flexible regulatory procedure to encourage creative and imaginative planning involving a mixture of uses, as permitted by zoning with open space and community facilities, both public and private. - 1 - C0i096 c. Provide a framework for the phased development of an approved planned area to provide assurance to the developer that later development will be acceptable to the City. d. Provide a method to resolve unique land use problems not resolvable through zoning or other regulatory instruments. e. Provide a method to ensure the availability of public facilities and the establishment of future rights-of-way for streets, street expansion, and public utility and drainage easements. Section 2. Initiation Specific Plans may be initiated in the following manner: a. The Planning Commission may, or if so directed by the City Council shall , initiate specific plans for the systematic execution of the General Plan to implement public policies and resolve land use problems. b. Any property owner(s), or a designated representative of the property owner(s), may request through application submitted to the Department of Community Development initiation of a Specific Plan for a designated area. If the Director of Community Development finds that the Specific Plan is desirable, the applicant shall submit a written or graphic description of the property, a statement of the desired land use and objectives of the specific plan, any necessary information or plans and a fee in the amount adopted by City Council Resolution. Upon acceptance by the Director of Community Development, the Planning Commission shall prepare and recommend to the City Council the Specific Plan document. Section 3. Types of Specific Plans As contained herein, the City recognizes two types of Specific Plans. One is to provide guidance and the other establishes regulations. The two types are further defined as follows: a. Guidance: When a Specific Plan is intended to provide clarification and specific information with regard to the policies and concepts expressed within the General Plan, but not to provide the regulations necessary for implementation, such Specific Plan may be adopted by resolution of the City Council . A Specific Plan resolution may include all of the details, concepts and programs deemed necessary to ensure '` common understanding and implementation of the General Plan as applicable to the area and the issues covered by the - 2 - 001007 Specific Plan. A Specific Plan adopted by resolution shall not include regulations and requirements for implementation of the General Plan. b. Regulatory: When a Specific Plan is designed to be the regulations by which the General Plan is implemented, it shall be adopted by the City Council by ordinance. Such plan may either supplement or supersede all land use and public facility regulations applicable to the subject property. Section 4. Preparation The Planning Commission shall prepare the Specific Plan based upon the information needed to meet the intent of the Specific Plan. The Specific Plan shall contain a Development Plan and a Development Plan Text that either includes the following information or a statement on why such information is not pertinent to meeting the intent of the Specific Plan: a. Land use map showing the distribution, location and extent of the uses of land including open space within the area covered by the plan, together with written regulations establishing height, bulk and setback limits for such buildings and facilities, including proposed lots if the plan contains subdivision of land. b. The location and intensity of major components of public and private transportation system, including existing or proposed streets within the property needed for servicing the project. c. The location and intensity of major components for water supply, sewage disposal , storm water drainage, disposal of solid waste, energy supply, and other essential facilities needed to support the land uses described in the plan. d. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry the intent of the Specific Plan. e. Preliminary grading plan indicating areas to be graded and the estimated amount of earth to be moved. f. Standards and criteria by which development will proceed for the conservation, development, and utilization of natural resources, including underground and surface waters, vegetation, soils, wildlife resources and unique or sensitive land forms. g. A scenic preservation plan delineating scenic natural features and view areas and how they are to be retained. - 3 - 001098 h. A phasing plan indicating in what sequence or by what criteria various areas of the project will be constructed and when the public facilities servicing these areas will be constructed. i . Explanations and description of the information contained on the plans and text required above. In addition, the text shall contain all detailed regulations, conditions, programs and proposed legislation which may be necessary for the systematic implementation of the Specific Plan. j. A statement of the relationship of the Specific Plan to the General Plan. k. Such other measures as may be necessary or convenient to ensure the execution of the General Plan. Section 5. Use Regulations a. Allowable uses in each Specific Plan shall be as established by the Development Plan Text. The Development Plan Text may incorporate uses by reference to specific zone provisions, or, in the case of Specific Plans adopted by ordinance, may establish specific use lists with definitions pertaining thereto. b. Existing uses within the Specific Plan area at the time of its establishment shall be deemed allowable and incorporated in the Specific Plan, unless terminated, discontinued, or changed pursuant to a specific time schedule incorporated in the Development Plan Text. c. Unless otherwise provided by the Development Plan Text, accessory uses shall be subject to the same use regulation provisions as the principal use or facility. d. Residentially oriented planned developments may include limited commercial uses within residential zones to accommodate the residents of the project or as compatible ancillary uses. Section 6. Site Planning a. Specific Plan areas and all uses therein shall be designed and developed in a manner compatible with and complementary 1 to existing and potential development in the general vicinity of the plan area Site planning on the perimeter shall provide for the mutual protection of the plan area and surrounding property from potential adverse influences. b. Development criteria shall be as established by the zoning of the property. However, by specific plan ordinance such criteria can be modified if it is determined that the overall planning is superior to development adhering to the zone. - 4 - 031099 c. The maximum number of dwelling units within a site within a Specific Plan may differ and exceed the density factor of the General Plan provided the total number of units does not exceed that permitted by the General Plan within the total Specific Plan area. d. All public streets within the specific plan area shall be dedicated and improved to City specifications for that particular classification of street. Private streets within the development shall be permanently reserved and maintained for their intended purpose by means acceptable to and enforceable by the City. Other forms of access, such as pedestrian ways, courts, bike trails, or open parking lots may not be offered for dedication as a means of meeting requirements for open space or park dedication requirements. e. All development within a Specific Plan shall relate harmoniously to the topography of the site, shall make suitable provision for the preservation of water courses, drainage areas, wooded areas, rough terrain, and similar natural features, and shall otherwise be so designed insofar as possible, to use and retain significant natural features and amenities. f. The proposed means for assuring continuing existence, maintenance and operation of the various common elements and facilities within a Specific Plan shall be included in the Development Plan Text. g. Additional site development regulations and performance standards applicable to individual uses or to designated portions of a Specific Plan may be established by the Development Plan and/or Development Plan Text. Section 7. Environmental Review If an Environmental Impact Report (EIR) is determined to be necessary, the information required for a Specific Plan may be incorporated by reference in the EIR. Upon certification of the EIR no further EIR or Negative Declaration pursuant to the State Public Resource Code (commencing with Section 21000) need be filed for any project which is undertaken pursuant to and in conformity with the adopted Specific Plan for which the EIR has been certified. However, an amendment to the Specific Plan will require an environmental assessment, which may necessitate a supplemental EIR. Such supplemental EIR shall be processed along with the amended Specific Plan as provided above. Section 8. Approval Process A Specific Plan shall be processed in the manner of a zone code amendment as follows: a. Planning Commission Action: The Planning Commission shall hold a public hearing to review all pertinent information as required for a change of zone. Upon satisfaction that the - 5 - 001100 proposed Specific Plan contains sufficient information, findings, and direction to effectively carry out the intent of the General Plan and other pertinent City policies and regulations, the Planning Commission shall prepare the final Specific Plan for City Council adoption. b. City Council Action: Upon receipt of the Specific Plan from the Planning Commission, the City Council shall hold a public hearing for adoption of either a resolution or ordinance as prescribed in Section 3. c. Administration: Upon adoption, the Director of Community Development shall affix to the zoning map the notation "SP" after the zone designation of the area for which the Specific Plan is in effect. All future zoning or subdivision applications shall meet the requirements of the Specific Plan and, where appropriate, the standards set forth in the Cathedral City Zoning Ordinance. d. Amendments: Minor amendments to the Specific Plan may be approved by the Director of Community Development, provided such minor amendment does not add dwelling units or more than 5 percent to non-residential structure area, alter points of access into the Specific Plan area, modify traffic movement on arterial , secondary or collector street systems, reduce open areas by more than 5 percent, shift residential densities between planning areas within the Specific Plan, or change development standards beyond what would be permitted by the zoning on the property. The Director of Community Development shall explain in writing to the Planning Commission within 90 days of any and all such amendments. The written notice shall become part of the file record. Amendments not meeting the provisions for minor amendments contained herein or those denied by the Director of Community Development shall be processed as originally adopted. SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. 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 January 6 , 1988 by the following vote: - 6 - C 0 1 101 Ayes: Councilmembers Di Grandi, Hillery, Krings, Murphy and Mayor Paquette Noes: None Absent: None LAY(' ATTEST .0y Y LERK APPROVED AS TO FORM: APPRI 'S T� CONTEN ' L /(7-617 - 1.0116gidge CITY ATTORNEY / C ANGER !HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOREGOING ORDINANCE NO. R) ? WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL C TY, CALIFORNIA.IN A MEETING THEREOF HELD ON THE DAY OF, ,19W. , AND THAT SAME WAS POSTED IN AT LEAST THE T PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID CITY COUNCIL. / / 41 .�i. I�i,� CITY CLERK 1±f f 001102 - 7 -