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HomeMy WebLinkAboutOrd 233 ORSP28 ORDINANCE NO. 233 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY, CALIFORNIA ADOPTING A NEGATIVE DECLARATION AND SPECIFIC PLAN NO. SP 88-28 FOR THE AREA BOUNDED BY DATE PALM DRIVE, EAGLE CANYON DR. , DINAH SHORE DR. , & 35TH AVE. WHEREAS, it has been proposed that a specific plan of land use be adopted as referred to hereinafter, for the certain area and parcels of land in the City of Cathedral City bounded by Dinah Shore Drive on the north, Eagle Canyon Drive on the east, 35th Ave. on the south and Date Palm on the west; 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 that said plan is consistent with the City's adopted General Plan; NOW THEREFORE, 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 Specific Plan encompassed in this ordinance is not considered to have a significant impact and therefore a negative declaration is approved. SECTION 2. The Specific Plan on file with the City Clerk entitled Specific Plan No. 88-28 dated November 7, 1988, 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 the area bounded by Dinah Shore Dr. on the north, Eagle Canyon Dr. on the east, 35th Ave. on the south, and Date Palm Dr. on the west as shown on Exhibit A, dated November 4, 1988; and said real property shall be developed substantially in accordance with the Specific Plan unless the Plan is repealed or amended by the City Council of Cathedral City.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 3. Allowable uses and other land use regulations within the area of Specific Plan No 88-28 shall be as prescribed in the PLC, PCC, and R2 zoning districts except as otherwise herein provided. The regulations encompassed by Specific Plan No 88-28 in combination with those regulations contained in Division B of Article V of the Cathedral City Zoning Ordinance shall supplement the said PLC, PCC and R2 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. - 1 - ORSP28 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 L 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 18 , 1989 by the following vote: Ayes: Council members DiGrandi, Hillery and Krings, Mayor Hardie Noes: None Absent: Councilmember Murphy / .&_ii MAYO' " ATTE T: /0 S4-Ca- CI CLERK APPROVED AS TO FOR • APP'I ED AS TO CONTENT: CITY ATTORN Y MA 0 G: [ - 2 - . ci • DINAH SHORE PR.. tf:77.77"1-r.. - t itil 1 :tt ;i:it:::: Iii F- M:::ii I VICTORIA DR 0 ii____Ii_i t___I • _ 1-1 Z Q V :-.::.... .::::„.; ki - C 0 Q i - - C W 3 AVE. a re -M ' ` i ► 11PI_ \\ 1\ _ _ - _ I GAL)ENre. U GANDS M.N.P ': ° sig-E EXHI13 I/ ir A II • Scale �' ��" Cathedral City SPEC/F/C PLAN /"= Goo' "rte •Wye .: 68623 Perez Road 8 8 — 26 Dote S Cathedral City, Ca. 92234 ( "����8 • .�i_ "' Is • 324-8388 DEPT of COMMUNITY Dwg.No. SPECIFIC PLAN 88-28 East Date Palm Drive joi II between Dinah Shore/35th Avenue November 7, 1988 PROJECT LOCATION: The Specific Plan area is bounded by Date Palm Drive to the west, Eagle Canyon Drive to the east, Dinah Shore Drive to the north and 35th Avenue to the south as depicted in Exhibit A, dated November 4, 1988. For reference within this Specific Plan project area the block north of Victoria Avenue will be referred to as Planning Unit 1 and the area south of Victoria will be referred to as Planning Unit 2. SPECIFIC PLAN STATE LAW COMPLIANCE: This Specific Plan has been prepared pursuant to California Government Code Section 65451 and includes all the required components and General Plan Elements except for the following: Energy Solid Waste Disposal Energy: This component is not included in the Specific Plan since the Specific Plan site and surrounding areas are largely developed. All energy facilities required to serve the subject area have been planned for and are available. Permitted development within the Specific Plan area will not call for any substantial upgrading of existing facilities. Solid Waste Disposal : This component is not addressed because the City of Cathedral City contracts trash services from Palm Desert Disposal and sewer service from Coachella Valley Water District. Private septic systems are serviced by private companies. All disposal sites are located outside the limits of Cathedral City. These services will continue throughout the City and will be available to the Specific Plan area. Detailed analysis of solid waste disposal systems and trash enclosures will be studied during development review. GENERAL PLAN COMPLIANCE: This Specific Plan is in compliance with the provisions of the adopted General Plan. The General Plan does permit commercial land uses and the zoning reflects the General Plan land use designations. This Specific Plan will make provisions for mixed, commercial and residential use within Planning Unit 2 of the Specific Plan area and will thus allow for residential development to continue as a conforming use within Planning Unit 2. All necessary public facilities required by the General Plan will be addressed by the Specific Plan for implementation. - 1 - • PROJECT GOALS AND OBJECTIVES: GOAL A: To allow commercial development that is compatible with the existing and planned residential uses within the specific plan and adjacent areas. II OBJECTIVE: To create standards which facilitate individual development interests which provide a unified concept while protecting the nature of the residential area. OBJECTIVE: To allow for specifically limited commercial development in the PLC (Planned Limited Commercial ) and PCC (Planned Community Commercial ) zone. OBJECTIVE: To allow various housing types as permitted in the R2 (Multiple Family Residential ) zone within the designated eastern portion of Planning Unit 2. GOAL B: To enhance traffic safety by minimizing direct access to Date Palm Drive. OBJECTIVE: To provide an access alternative through common driveways and aisles throughout the Specific Plan area. OBJECTIVE: To require the construction of proper commercial loading areas and customer parking areas for commercial properties which do not cause on or off-site circulation or access conflicts with either Date Palm Drive or Eagle Canyon Drive. GOAL C: To encourage owners to consolidate lots of record or assemble parcels through acquisitions into larger parcels to maximize development potential . OBJECTIVE: To allow developers the opportunity to assemble lots as needed to develop parcels which provide a practical design solution for L this area GOAL D: To bring about the improvement of public facilities including streets, drainage, sewer. OBJECTIVE: To set development requirements which gain ultimate rights-of-way, mitigate downstream drainage impacts, and generally improve the public facilities serving the plan area. - 2 - DEVELOPMENT STANDARDS: To implement the above mentioned goals and objectives, the following development and use conditions shall be observed: 1. The site shall consist of two planning units as depicted in Exhibit A, dated November 4, 1988. The base zones are as follows: Planning Unit Base Zone 1 PLC (Planned Limited Commercial) 2 PCC (Planned Community Commercial ) Allowable uses and other land use regulations within the area of this specific plan shall be as prescribed in the PLC and PCC zoning districts. Furthermore, all applicable regulations of the Zoning Ordinance or any other city codes, ordinances and resolutions shall supplement the PLC and PCC regulations. 2. Uses permitted in the R2 zone shall be allowed in Planning Unit 2 where lots have frontage on Eagle Canyon Drive and expansion of such existing uses shall meet all current R2 standards. 3. Conversion of existing residential uses (to commercial office uses only) shall be permitted within Planning Unit 2 provided that the required parking setbacks and landscapg are provided. 4. The following uses are prohibited within the specific plan area and if existing shall be allowed to continue as legal nonconforming: Automotive, truck and recreational vehicle • sales Automotive repair and service Automobile service stations Mobile home sales and service Fast food restaurants/drive-thru restaurants Bars and cocktail lounges (except when in conjunction with a restaurant of greater than 1,800 square feet of customer service area dedicated to dining) . 5. Where a commercial use has lot frontage on Eagle Canyon Drive, a six foot high masonry wall shall be constructed on site 7 feet from the property line exc pt where building orientation creates a buffer by e'Iiminatingetivity on that side of the project. The 7 foot planter area sh41.1 contain: an irrigation system and landscaping with turf, an oleander hedge (which reaches a minimum height of 15'), and minimum 15 a gallon trees which are spaced 15 feet on center along the Eagle Canyon Y frontage. 6. At time of development of commercial property offer reciprocal public street access provisions shall be offered which state that common street access shall be constructed at the interior lot line so as to be shared by adjacent future development. This condition shall apply only when adjacent property(ies) are undeveloped, or when previous development has planned for reciprocal access. - 3 - 7. Each parcel shall be permitted a single access drive from Date Palm Drive except no access shall be permitted to Date Palm Drive where access is available to a side street or via a commercial/reciprocal/access drive. Any improvement to an existing development requiring design review shall also require reevaluation of Date Palm access and existing driveways. 8. Each parcel shall be permitted a single access drive from Eagle Canyon i Drive. The drive shall be a maximum of 16 feet wide; limited to employee and customer access only; and designed so as to be prohibitive for or greatly discourage delivery truck access. 9. Prior to issuance of a building permit, a $3,000.00 per gross acre fee shall be collected to mitigate all drainage impacts as outlined in the Drainage Report dated March 16, 1987, contained in the Specific Plan 87-022 case file. All funds collected shall be placed in a restricted fund for the eventual development of a Master Drainage system. If the City Council determines that a drainage program is no longer viable for the drainage area, the deposited funds shall be returned to the property owner. 10. The owner of any parcel proposed for development shall execute a recordable, irrevocable covenant not opposing formation of an Assessment District for sanitary sewer and street right-of-way improvements. spp128 - 4 - a4 L HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOREGOING ORDINANCE NO. WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CI Y, CALIFORNIA.!N A MEETING 9 T�HEfiE' DAY OF AND THAT SAME WAS POSTED ��24.L"� IN AT LEAST THE THREE PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID CITY COUNCIL. / - '• 1.6,1thlt,.„ t1l CLERK L i