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accordance with the Specific Plan unless the Plan is repealed or amended by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.
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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 /
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ATTE T:
/0 S4-Ca-
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APPROVED AS TO FOR • APP'I ED AS TO CONTENT:
CITY ATTORN Y MA 0 G:
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SPECIFIC PLAN 88-28
East Date Palm Drive
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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.
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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.
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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
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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.
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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.
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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
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IN AT LEAST THE THREE PUBLIC PLACES SPECIFIED FOR SUCH
POSTINGS, BY THE SAID CITY COUNCIL.
/ - '• 1.6,1thlt,.„
t1l CLERK
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