HomeMy WebLinkAboutZOA 02-05 UTILITY WELL SITES 2002 ORDINANCE NO.1030
1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
I PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO CHAPTER 25.56 GENERAL PROVISIONS
REGULATING THE CONVERSION OF ABANDONED PUBLIC
UTILITY WELL SITES TO PRIVATE WATER EXPORT
IRRIGATION WELL SITES.
CASE NO. ZOA 02-05
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th
day of December 2002, hold a duly noticed public hearing to consider an amendment to
the Palm Desert Municipal Code, Chapter 25.56 as described above; and
WHEREAS, the Planning Commission has adopted, its resolution No. 2166
recommending approval of the proposed amendment; and
WHEREAS,said application has complied with the requirements of the"City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No.02-60,"in thatthe Director of Community Development has determined that
l the project is a Class 5 Categorical Exemption; and
I WHEREAS, at said public hearing, upon hearing and considering all testimony and
111 arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts and reasons to exist to justify its recommendation as described below:
1. That the Zoning Ordinance amendment is consistent with the objectives of
the Zoning Ordinance;
2. That the Zoning Ordinance amendment is consistent with the adopted
General Plan;
3. Thatthe Zoning Ordinance amendmentwould better serve the public health,
safety and general welfare than the current regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the
consideration of the City Council in this case.
2. That ZOA 02-05 as delineated in the attached Exhibit"A" is hereby ordained.
t
r
`^ 1
♦
w�
CITY COUNCIL ORDINANCE NO. 1030
3. The City Clerk of the City of Palm Desert, California, is hereby directed to
publish this ordinance in the Desert Sun, a newspaper of general circulation,
published and circulated in the City of Palm Desert, California, and shall be
in full force and effective thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of November, 2002, by the following vote, to
wit:
AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
3 AN M. BENSON, MAYOR
ATTEST::
RA HE E D. KLASSE , City Clerk
City of Palm Desert, California
2
1'
CITY COUNCIL ORDINANCE NO.1030
!1"
EXHIBIT "A"
Section 1
That Section 25.56.510 be added to read:
Conversion of Abandoned Public Utility Well Sites:
Abandoned public utility well site may be approved for conversion to a
private water export irrigation well site subject to approval of a conditional
use permit. Use of private water export irrigation well sites shall not result in
an increase in ambient noise levels measured prior to the conversion. Any
new physical site improvements shall comply with the applicable zone
standards and the architectural review process.
I
I
3
CITY OF PALM DESERT
DEPARTMENT_ OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Honorable Mayor and City Council
REQUEST: Consideration of an amendment to Chapter 25.56 General Provisions
to regulate the conversion of abandoned public utility well sites to
private water export irrigation well sites.
APPLICANT: City of Palm Desert (initiated by Planning Commission on October 1,
2002)
CASE NO.: ZOA 02-05 /
DATE: December 12, 2002 MEETING DATE Ly-
VPASSED
NTINUED TO
CONTENTS:
TO 2ND READING
A. Staff recommendation.
B. Discussion.
C. Draft Ordinance No. 1030
D. Planning Commission Minutes involving Case No. ZOA 02-05.
E. Planning Commission Resolution No. 2166.
F. Planning Commission Staff Report dated November 19, 2002.
A. STAFF RECOMMENDATION:
Waive further reading and pass Ordinance No 1030 to second reading.
B. DISCUSSION:
The development and maintenance of golf courses along the southern edge of the
City requires significant irrigation waterwhich is not available from on-site wells. To
provide this water, several developments have purchased old CVWD wells south
of Highway 111 which no longer provide potable water due to nitrate contamination.
A recent letter from CVWD, copy attached, indicates that using this water from
these closed well sites may have a positive impact on potable water sources by
..removing nitrate nitrogen from the groundwater basin".
While these wells were permitted within residential zones as public utility facilities,
there are no zoning provisions allowing conversion to private use for off-site export.
1
ORDIANCE NO. 1030
STAFF REPORT
CASE NO. ZOA 02-05
DECEMBER 12, 2002
If these abandoned wells carinot be used, irrigation water will be drawn from
CVWD's potable water domestic system.
The proposed amendment would allow, as a conditional use, the conversion of
existing CVWD wells for private irrigation water export provided there is no resulting
increase in ambient noise levels. All new physical site improvements would be
subject to applicable zoning standards and be subject to normal architectural
review.
The Planning Commission on a 5-0 vote recommended approval of this amendment.
PROPOSED CODE SECTION:
It is proposed that Section 25.56.510 be added to read:
Conversion of Abandoned Public Utility Well Sites:
Abandoned public utility well site may be approved for conversion to a private water
export irrigation well site subject to approval of a conditional use permit. Use of
private water export irrigation well sites shall not result in an increase in ambient
noise levels measured priorto the conversion. Any new physical site improvements
shall comply with the applicable zone standards and the architectural review
process.
Prepared by: Reviewed and Approved:
E SMITH PHIL P DRELL
PLANNING MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT
Re vie a and A oved: Reviewed and Approved:
H ER C CARLOS OR GA
ACM FOR ELOPMENT SERVICES CITY MANAGER
SS/dq
G:\PlanningkDonnaQuaiver\wpdocs\SR\ZOA02-05.ccmayor.wpd
2
I,
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Honorable Mayor and City Council
REQUEST: Consideration of an amendmentto Chapter25.56 General Provisions
to regulate the conversion of abandoned public utility well sites to
private water export irrigation well sites.
APPLICANT: City of Palm Desert (initiated by Planning Commission on October 1,
2002)
CASE NO.: ZOA 02-05
DATE: December 12, 2002
CONTENTS:
A. Staff recommendation.
B. Discussion.
C. Draft Ordinance No.
D. Planning Commission Minutes involving Case No. ZOA 02-05.
E. Planning Commission Resolution No. 2166.
F. Planning Commission Staff Report dated November 19, 2002.
A. STAFF RECOMMENDATION:
Waive further reading and pass Ordinance No. to second reading.
B. DISCUSSION:
The development and maintenance of golf courses along the southern edge of the
City requires significant irrigation waterwhich is not available from on-site wells. To
provide this water, several developments have purchased old CVWD wells south
of Highway 111 which no longer provide potable water due to nitrate contamination.
A recent letter from CVWD, copy attached, indicates that using this water from
these closed well sites may have a positive impact on potable water sources by
"removing nitrate nitrogen from the groundwater basin".
While these wells were permitted within residential zones as public utility facilities,
there are no zoning provisions allowing conversion to private use for off-site export.
t
y
i
STAFF REPORT
CASE NO. ZOA 02-05
DECEMBER 12, 2002
i
If these abandoned wells cannot be used, irrigation water will be drawn from
i
CVWD's potable water domestic system.
The proposed amendment would allow, as a conditional use, the conversion of
existing CVWD wells for private irrigation water export provided there is no resulting
increase in ambient noise levels. All new physical site improvements would be
subject to applicable zoning standards and be subject to normal architectural
review.
I
The Planning Commission on a 5-0 vote recommended approval of this amendment.
I
PROPOSED CODE SECTION:
It is proposed that Section 25.56.510 be added to read:
I
Conversion of Abandoned Public Utility Well Sites:
Abandoned public utility well site may be approved for conversion to a private water
export irrigation well site subject to approval of a conditional use permit. Use of
private water export irrigation well sites shall not result in an increase in ambient
noise levels measured priorto the conversion. Any new physical site improvements
shall comply with the applicable zone standards and the architectural review
process.
Prepared by: Reviewed and Approved:
E SMITH PHIL P DRELL
PLANNING MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT
Revie a and A oved: Reviewed and Approved:
AMER C CARLOS ORTEGA
ACM FOR ELOPMENT SERVICES CITY MANAGER
SS/dq
G:\Planning\DonnaQuaiver\wpdocs\SR\ZOA02-05.ccmayor.wpd
2
I �
ORDINANCE NO.
j AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
j PALM DESERT, CALIFORNIA, APPROVING AN
i AMENDMENTTO CHAPTER25.56 GENERAL PROVISIONS
REGULATING THE CONVERSION OFABANDONED PUBLIC
UTILITY WELL SITES TO PRIVATE WATER EXPORT
IRRIGATION WELL SITES.
j CASE NO. ZOA 02-05
j
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th
day of December 2002, hold a duly noticed public hearing to consider an amendment to
the Palm Desert Municipal Code, Chapter 25.56 as described above; and
I
WHEREAS, the Planning Commission has adopted its resolution No. 2166
recommending approval of the proposed amendment; and
WHEREAS said application has complied with the requirements of the"City of Palm
PP P 9 tY
Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No.02-60,"in that the Director of Community Development has determined that
the project is a Class 5 Categorical Exemption; and
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 and reasons to exist to justify its recommendation as described below:
1. That the Zoning Ordinance amendment is consistent with the objectives of
the Zoning Ordinance;
2. That the Zoning Ordinance amendment is consistent with the adopted
General Plan;
3. That the Zoning Ordinance amendment would better serve the public health,
safety and general welfare than the current regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the
consideration of the City Council in this case.
2. That ZOA 02-05 as delineated in the attached Exhibit"A"is hereby ordained.
1
I �
I
CITY COUNCIL ORDINANCE NO.
3. The City Clerk of the City of Palm Desert, California, is hereby directed to
publish this ordinance in the Desert Sun,a newspaper of general circulation,
I published and circulated in the City of Palm Desert, California, and shall be
in full force and effective thirty (30) days after its adoption.
i� PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of November, 2002, by the following vote, to
' wit:
AYES:
j NOES:
I
{ ABSENT:
ABSTAIN:
i
+ RICHARD S. KELLY, Mayor
i
i
ATTEST:
I
1
f RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
i
i
2
3 r
}
I
CITY COUNCIL ORDINANCE NO.
j
EXHIBIT "A"
I
Section 1
i
That Section 25.56.510 be added to read:
Conversion of Abandoned Public Utility Well Sites:
i Abandoned public utility well site may be approved for conversion to a
j private water export irrigation well site subject to approval of a conditional
use permit. Use of private water export irrigation well sites shall not result in
an increase in ambient noise levels measured prior to the conversion. Any
new physical site improvements shall comply with the applicable zone
standards and the architectural review process.
i
j
i
I
I
i
i
i
3
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT 1
V
TO: Planning Commission
FROM: Philip Drell, Director of Community Development
DATE: October 1 , 2002
SUBJECT: Initiation of Zoning Ordinance Amendment allowing the conversion of public
utility water wells for private off-site irrigation as a conditional use.
I. BACKGROUND:
The development and maintenance of golf courses along the southern edge of the
city requires significant irrigation water which is not available from on-site wells. To
provide this water, several developments have purchased old CVWD wells south of
Highway 111 which no longer provide potable water due to nitrate contamination.
While these wells were permitted within residential zones as public utility facilities,
there are no zoning provisions allowing conversion to private use for off-site export.
If these abandoned wells cannot be used, irrigation water will be drawn from
CVWD's potable water domestic system.
The proposed amendment would allow as a conditional use the conversion of existing
CVWD wells for private irrigation water export provided there is no resulting increase
in ambient noise levels. All new physical site improvements would be subject to
applicable residential zoning standards and be subject to normal design review.
II. RECOMMENDATION:
By minute motion initiate a zoning ordinance amendment to allow conversion of
existing CVWD water wells to private off-site irrigation use.
1
PHILIP DRELL
DIRECTOR OF COMMUNITY DEVELOPMENT
Am
Confirmation Report — Memory Send
Time : Oct-29-2002 12:16pm
Tel line 7603417098
Name PALM DESERT PUBLIC WORKS DEPT
Job number 939
Date Oct-29 12:llpm
To 7784731
Document pages 004
Start time Oct-29 12:14pm
End time Oct-29 12:16pm
Pages sent 004
Status OK
Job number 939 *** SEND SUCCESSFUL ***
CITY OF PALM DESERT
Q 73-610 Frad Waring Oriv6
Palm hnnft: 60-3C;allf rnia 92260
Telephone: 760-346-OB'I 1 Fax: 760-341-7098
info(opalm-d®sart.org
FACSIMILE
oat.:
To' Oasa C -
Compmny:
Fax No.: 778-4731 _-Rhona No.:
No. of Ragas (Including cover sheet)
From: Gonna Quaivar.
Rhona: (760) 346-061'i x483
i
CdI did P � d1d I
A M1 73-510 FRED WARING DRuvF.
Pni.M DESERT, CALIFORNIA 92260-2578
TEL: 760 346--o6i 1
FAX: 760 341-709B
CITY OF PALM DESERT
LEGAL NOTICE
ZOA 02-05
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider an amendment to municipal code Chapter 25.56, General
Provisions, to add regulations governing the conversion of abandoned public utility well sites to
private water export irrigation well sites.
SAID public hearing will be held on Tuesday,November 19,2002,before the Palm Desert
Planning Commission at 7:00 p.m. in the Council Chamber at the Pahn Desert City Hall, 73-510
Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are
invited to attend and be heard. Written comments concerning all items covered by this public
hearing notice shall be accepted up to date of the hearing. Information concerning the proposed
project and/or negative declaration is available for review in the department of community
development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday. If you challenge the proposed actions in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the planning commission at, or prior to, the public hearing.
PUBLISH: Desert Sun PHILIP DRELL, Secretary
November 1, 2002 Palm Desert Planning Commission
CITY OE 1 itIM OESERj
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92 260-2 5 7 8
TEL: 760 346—o6i I
FAX: 760 341-7098
info@palm-desert.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 02-05
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City
Council to consider an amendment to Municipal Code Chapter 25.56 General Provisions to
add regulations governing the conversion of abandoned public utility well sites to private
water export irrigation well sites.
SAID public hearing will be held on Thursday, December 12, 2002, at 4:00 p.m. in the
Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be heard.
Written comments concerning all items covered by this public hearing notice shall be
accepted up to the date of the hearing. Information concerning the proposed project and/or
negative declaration is available for review in the Department of Community Development
at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday. If you challenge the proposed actions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk
November 29, 2002 City of Palm Desert, California
Confirmation Report — Memory Send
Time Nov-22-2002 02:55pm
Tel line 7603417098
Name PALM DESERT PUBLIC WORKS DEPT
Job number 582
Date Nov-22 02:53pm
To 7784731
Document pages 001
Start time Nov-22 02:54pm
End time Nov-22 02:55pm
Pages sent 001
Status OK
Job number 582 *** SEND SUCCESSFUL **
C I T Y O F P R L M D E S E R T
O [nro o Pn=o`Wnxaxc Dwrvn '
Pn,.w Dnan mr. Cnitwowvm 9aa6o—s5�e
7tio 396—„6
;^r.e j4x—�Qy9
CITY OF PALM oESERT
LEGAL NOTICE
CASE NO. ZOA 02-06
NOTICE IS HEREBY GIVEN That a public hearing will be held bafora the Palm Desert Clty
.auncll to consldar an anc, the a to Municipal al Coda coda pT'rubl 25.58 O 1 P iaior�a to
add regulations governing the co nvar'lon of abandoned public utility wall sites to private
water export Irrigation well sites_
-,1
pages►
767A
Post-it®FaxNote
From
To Go.
Go.Ipepto Phone# 6 /P6
phones Fax#
Fax#
SAID public hearing will ba held on Thursday, oacembar 12, 2002, at 4:00 p.m. in Tha
Council Chamber at the Palm Deaart Civic C'ntar, 73-510 Fred Waring Drive, Palm Oasarr:
California, at which time and pl'ca all Intarastad persona are invited to attend and be heard_
WriTTen comments concerning all item' covered by thls public M1earing notice ahall U.
accapted up To the data of The hearing. Information concerning The propoaad projecT and/or
negative dacleration is available for raviaw in Th. Obparrment of Community Davalopm enT
9T Tha above address batwean the hours of 8:00 a_m. and 5:00 p.m. Monday through
Friday. If you challenge The proposed acTions in court, you may be IimiTad To raising only
th000 :ec uos vo�� nr nom eons else reiaod at the public hearing described in this notice, or in
R,ECEJVEr D RECEIVED
CITY CLERK'S OFFICE
NOV 0 7 &2 PALM DESERT, CA
COb1MUNITY DF,vELOPDIENT DEPARimIiNT
2002 NOV -7 AM 9: 19
CITY OF PALM DESERT
PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside
1 am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid; 1 am over the age of eighteen --
years,and not a party to or interested in the 4o.2887
above-entitled matter.I am the principal clerk of a CITY OF PALM DESERT
printer of the,DESERT SUN PUBLISHING LEGAL NOTICE i
COMPANY a newspaper of general circulation, zOA 02-05
printed and published in the city of Palm Springs, NOTICE IS HEREBY GIVEN lm that a public hearing i
will be held before the Pa Desert Planning
County of Riverside,and which newspaper has been Commission to consider an amendment to munic-
ipal code Chapter 25.56. General Provisions, to
adjudged a newspaper of general circulation by the add regulations governing the conversion of
Superior Court of the County of Riverside,State of abandon public utility,well styes to private water
export Irrigation well saes.
California under the date of March 24, 1988.Case SAID public hearing will be held on Tuesday.No-
Number 191236;that the notice,of which the vember 19, 2002 at 7:00 p.m. In the Council
annexed is a printed copy(set in type not smaller Fed Warihamber ng tDrivhe e, Palalm m Desert, Caity lifon as at
than non pan which time and place all interested persons areel,has been published in each regular Invited to attend and be heard.Written comments
and entire issue of said an newspaper and not in concerning all Items covered by this public hear-
supplement Y ing notice shall be accepted up to the tlate of the ;
supplement thereof on the following dates,to wit: hearing. Information concerning the proposed
project an or negative [a non is avalla to for
review in the departmant of community tleve lop- ,
ment at the above atltlress between the hours of
November V 8:00 a.m. and 5:00 p.m. Monday through Friday. I
If you challenge the proposed actions in court,
you may be limited to raising on those issues
you or someone else mired al the public hearing
described in this notice, or in written correspon-
dence delivered to the planning commission at,or
All
prior to,the public hearing.in the year 2002 ` . PHILIP DRELL, Secretary,
�{.
1 certify(or declare)under penalty of perjury that the p' Palm Desert Planning Commission
\ foregoing is true and correct. PUB: November 1, 2002 _
1„
Dated at Palm Springs,California this day
November
0 ,2002
Signature
CIIV 01 f d I M 01 IN
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o6i I
FAX: 760 341-7098
info@ palm-desert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: November 22, 2002 .
City of Palm Desert
Re: Case No. ZOA 02-05
The Planning Commission of the City of Palm Desert has considered your request and taken
the following action at its meeting of November 19, 2002:
PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF
ZOA 02-05 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO.
2166. MOTION CARRIED 5-0.
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
Philip Drell, Se retary
Palm Desert Planning Commission
Am
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
tS, ,o e nt<,o on
}
PLANNING COMMISSION RESOLUTION NO. 2166
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO
CHAPTER 25.56 GENERAL PROVISIONS REGULATING
THE CONVERSION OF ABANDONED PUBLIC UTILITY
WELL SITES TO PRIVATE WATER EXPORT IRRIGATION
WELL SITES.
CASE NO. ZOA 02-05
i
I
WHEREAS,the Planning Commission of the City of Palm Desert, California, did on
the 19th day of November 2002, hold a duly noticed public hearing to consider an
amendment to the Palm Desert Municipal Code, Chapter 25.56 as described above; and
WHEREAS,said application has complied with the requirements of the"Cityof Palm
Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 02-60,"in thatthe Directorof Community Development hasdetermined that
the project is a Class 5 Categorical Exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments,if any,of all interested persons desiring to be heard,said Planning Commission
did find the following facts and reasons to exist to justify its recommendation as described
below:
1. That the Zoning Ordinance amendment is consistent with the objectives of
the Zoning Ordinance;
2. That the Zoning Ordinance amendment is consistent with the adopted
General Plan;
3. Thatthe Zoning Ordinance amendmentwould better serve the public health,
safety and general welfare than the current regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows-
1. That the above recitations are true and correct and constitute the findings of
the Commission in this case.
2. That the Planning Commission does hereby recommend to the City Council
approval of a Zoning Ordinance text amendment as provided in the attached
Exhibit "A" to amend Municipal Code Chapter 25.56.
1
r
i
!t
PLANNING COMMISSION RESOLUTION NO. 2166
i
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
i Planning Commission, held on this 19th day of November, 2002, by the following vote, to
I wit:
AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP, FINERTY
� i
f
NOES: NONE
j ABSENT: NONE
ABSTAIN: NONE
CINDY FINER, Chairperson J
F
ATTEST:
s
PHILIP DRELL, ary
Palm Desert Plar Zrning Commission
I
i
t
'll
t
i
i
2
� r
I
i
I .
I \
I '
PLANNING COMMISSION RESOLUTION NO. 2166
I
I
EXHIBIT "A"
I
I
I
Section 1
I
That Section 25.56.510 be added to read:
Conversion of Abandoned Public Utility Well Sites:
Abandoned public utility well site may be approved for conversion to a
private water export irrigation well site subject to approval of a conditional
use permit. Use of private water export irrigation well sites shall not result in
an increase in ambient noise levels measured prior to the conversion. Any
new physical site improvements shall comply with the applicable zone
standards and the architectural review process.
II
I
I
i .
I
i
i
i
I
I
I
3
CIIIf 01 PRIM OESER1
73-510 FRED WARING DRIVE
_ PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-o6i I
FAX: 760 341-7o98
info@palm-desert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: November 22, 2002
City of Palm Desert
Re: Case No. ZOA 02-05
The Planning Commission of the City of Palm Desert has considered your request and taken
the following action at its meeting of November 19, 2002:
PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF
ZOA 02-05 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO.
2166. MOTION CARRIED 5-0.
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
Philip Drell, Se retary
Palm Desert Planning Commission
/tm
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
is o xo o ,nEo o.oE,
f
PLANNING COMMISSION RESOLUTION NO. 2166
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
THATTHE'CITY COUNCIL APPROVE AN AMENDMENTTO
CHAPTER 25.56 GENERAL PROVISIONS REGULATING
THE CONVERSION OF ABANDONED PUBLIC UTILITY
WELL SITES TO PRIVATE WATER EXPORT IRRIGATION
WELL SITES.
CASE NO. ZOA 02-05
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of November 2002, hold a duly noticed public hearing to consider an
amendment to the Palm Desert Municipal Code, Chapter 25.56 as described above; and
WHEREAS,said application has complied with the requirements of the"Cityof Palm
Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No.02-60,"in that the Director of Community Development has determined that
the project is a Class 5 Categorical Exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any,of all interested persons desiring to be heard,said Planning Commission
did find the following facts and reasons to exist to justify its recommendation as described
below:
1. That the Zoning Ordinance amendment is consistent with the objectives of
the Zoning Ordinance;
2. That the Zoning Ordinance amendment is consistent with the adopted
General Plan;
3. Thatthe Zoning Ordinance amendmentwould betterservethe public health,
safety and general welfare than the current regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Commission in this case.
2. That the Planning Commission does hereby recommend to the City Council
approval of a Zoning Ordinance text amendment as provided in the attached
Exhibit "A" to amend Municipal Code Chapter 25.56.
1
J�
1
"r
PLANNING COMMISSION RESOLUTION NO. 2166
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of November, 2002, by the following vote, to
wit:
AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP, FINERTY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CINDY FINERTY, Chairperson J
ATTEST:
PHILIP DRELL, ecretary
Palm Desert Plar Wing Commission
2
r`
PLANNING COMMISSION RESOLUTION NO. 2166
EXHIBIT "A"
Section 1
That Section 25.56.510 be added to read:
Conversion of Abandoned Public Utility Well Sites:
Abandoned public utility well site may be approved for conversion to a
private water export irrigation well site subject to approval of a conditional
use permit. Use of private water export irrigation well sites shall not result in
an increase in ambient noise levels measured prior to the conversion. Any
new physical site improvements shall comply with the applicable zone
standards and the architectural review process.
3
,i
MINUTES
PALM DESERT PLANNING COMMISSION
NOVEMBER 19, 2002
come in exceed the parking supply, then they would have to come back
for a conditional use permit.
Commissioner Jonathan stated that it was a great project. He liked the
design and thought the traffic flow made sense. All standards were met
and he was ready to move for approval.
Commissioner Campbell concurred and said she would second that if it
was a motion. Commissioner Jonathan said he would make it a motion.
Commissioner Tschopp said that the current plan took into consideration
some of the concerns he had with the last building and the drive-up and
addressed them. He thought it was a nice project.
Commissioner Lopez concurred.
Chairperson Finerty stated that she was opposed to the project, mainly
because of the tower element. She didn't feel there should be an
exception for the tower element right at the Desert Willow golf course.
The view would be obstructed to a certain extent from Desert Willow. and rr
she knew the City spent a lot of time and effort trying to construct a
beautiful golf course. She thought it was an inappropriate location for the
tower element and for that reason she was opposed.
Action:
It was moved by Commissioner Jonathan, seconded by Commissioner
Campbell, approving the findings as presented by staff. Motion carried
4-1 (Chairperson Finerty voted no).
It was moved by Commissioner Jonathan, seconded by Commissioner
Campbell, adopting Planning Commission Resolution No. 2165,
recommending to City Council approval of Case No. PP 01-02
Amendment #1 , subject to conditions. Motion carried 4-1 (Chairperson
Finerty voted no).
J. Case No. ZOA 02-05 - CITY OF PALM DESERT, Applicant
Request for approval of an amendment to Chapter 25.56
General Provisions regulating the conversion of abandoned
28
.1
MINUTES
PALM DESERT PLANNING COMMISSION
NOVEMBER 19, 2002
public utility well sites to private water export irrigation well
sites.
Mr. Drell noted that the commission had the staff report and
recommended that the Planning Commission recommend approval to the
City Council.
Chairperson Finerty oogened the public hearing and asked if anyone
wished to speak in FAVOR or OPPOSITION to the proposal. There was
no one and the public hearing was closed. Chairperson Finerty asked for
commission comments.
Action:
It was moved by Commissioner Campbell, seconded by Commissioner
Lopez, approving the findings as presented by staff. Motion carried 5-0.
It was moved by Commissioner Campbell, seconded by Commissioner
Lopez, adopting Planning Commission Resolution No. `. 2166,
recommending to City Council approval of Case No. ZOA 02-05. Motion
carried 5-0.
IX. MISCELLANEOUS -
A. Case No. TT 30738 - GHA PALOMA GROUP, LLC, Applicant
Referral by City Council to have Planning Commission
reconsider applicant's appeal requesting an amendment to
Planning Commission Resolution No. 2160 Condition of
Approval No. 9 to amend the required side yard setbacks
from 14 feet combined to 12 feet combined for 16 lots,
amend the 20-foot front yard setback to a 20-foot average
with a 16-foot minimum, and increase the maximum height
from 18 feet to 20 feet.
Mr. Drell noted that at the last hearing at the end of a very long night the
Planning Commission denied the applicant's request for this exception.
Subsequently, the applicant submitted actual architectural plans, siting,
and plotting to the Architectural Commission. Also, on closer examination
of our ordinance, staff recalled that the front yard exception was already
29
J
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: November 19, 2002
CASE NO.: ZOA 02-05
REQUEST: Amendment to Chapter 25.56 General Provisions regulating the
conversion of abandoned public utility well sites to private water
export irrigation well sites.
APPLICANT: City of Palm Desert (initiated by Planning Commission on October 1,
2002)
I. DISCUSSION:
The development and maintenance of golf courses along the southern edge of the
City requires significant irrigation waterwhich is not available from on-site wells. To
provide this water, several developments have purchased old CVWD wells south
of Highway 111 which no longer provide potable water due to nitrate contamination.
While these wells were permitted within residential zones as public utility facilities,
there are no zoning provisions allowing conversion to private use for off-site export.
If these abandoned wells cannot be used, irrigation water will be drawn from
CVWD's potable water domestic system.
The proposed amendment would allow. as a conditional use the conversion of
existing CVWD wells for private irrigation water export provided there is no resulting
increase in ambient noise levels. All new physical site improvements would be
subject to applicable zoning standards and be subject to normal architectural
review.
II. PROPOSED CODE SECTION:
It is proposed that Section 25.56.510 be added to read:
Conversion of Abandoned Public Utility Well Sites:
Abandoned public utility well site may be approved for conversion to a private water
1
STAFF REPORT
CASE NO. ZOA 02-05
NOVEMBER 19, 2002
export irrigation well site subject to approval of a conditional use permit. Use of
private water export irrigation well sites shall not result in an increase in ambient
noise levels measured priorto the conversion. Any new physical site improvements
shall comply with the applicable zone standards and the architectural review
process.
III. RECOMMENDATION:
That the Planning Commission recommend approval of ZOA 02-05 to the City
Council.
Prepared by: Reviewed and Approved:
6—a I A>V�
S71tVE SMITH ILIP DRELL
PLANNING MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT
2
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO
CHAPTER 25.56 GENERAL PROVISIONS REGULATING
THE CONVERSION OF ABANDONED PUBLIC UTILITY
WELL SITES TO PRIVATE WATER EXPORT IRRIGATION
WELL SITES.
CASE NO. ZOA 02-05
WHEREAS,the Planning Commission of the City of Palm Desert, California, did on
the 19th day of November 2002, hold a duly noticed public hearing to consider an
amendment to the Palm Desert Municipal Code, Chapter 25.56 as described above; and
WHEREAS,said application has complied with the requirements of the"City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 02-60,"in thatthe Directorof Community Development has determined that
the project is a Class 5 Categorical Exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any,of all interested persons desiring to be heard,said Planning Commission
did find the following facts and reasons to exist to justify its recommendation as described
below:
1. That the Zoning Ordinance amendment is consistent with the objectives of
the Zoning Ordinance;
2. That the Zoning Ordinance amendment is consistent with the adopted
General Plan;
3. ThattheZoning Ordinance amendmentwould betterservethe public health,
safety and general welfare than the current regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Commission in this case.
2. That the Planning Commission does hereby recommend to the City Council
approval of a Zoning Ordinance text amendment as provided in the attached
Exhibit "A" to amend Municipal Code Chapter 25.56.
1
PLANNING COMMISSION RESOLUTION NO.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of November, 2002, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CINDY FINERTY, Chairperson
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
2
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
Section 1
That Section 25.56.510 be added to read:
Conversion of Abandoned Public Utility Well Sites:
Abandoned public utility well site may be approved for conversion to a
private,water export irrigation well site subject to approval of a conditional
use permit. Use of private water export irrigation well sites shall not result in
an increase in ambient noise levels measured prior to the conversion. Any
new physical site improvements shall comply with the applicable zone
standards and the architectural review process.
3
ClIy PP M
'I' ilk 73-510 FRCP WAKMe DR1ef.
j I'AIIA MsERT, C M110RMA 92260--2S7A
rEL'.
1AX: 760 346-068 i
rnx: 760 341-7099
CITY OF PALM DESERT
LEGAL NOTICE
ZOA 02-05
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider an amendment to municipal code Chapter 25.56, General
Provisions,to add regulations governing the conversion of abandoned public utility well sites to
private water export irrigation well sites.
SAID public hearing will be held on Tuesday,November 19,2002,before the Palm Desert
Planning Commission at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510
Fred Waring Drive, Palm'Desert, California, at which time and place all interested persons are
invited to attend and be heard. Written comments concerning all items covered by this public
hearing notice shall be accepted up to date of the hearing. Information concerning the proposed -
project and/or negative declaration is available for review in the department of community
development at the above address between the hours of 5:00 a.m. and 5:00 p.m.Monday through
Friday. If you challenge the proposed actions in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the planning commission at,or prior to,the public hearing.
PUBLISH: Desert Sun PHILIP DRELL,Secretary
November 1,2002 Palm Desert Planning Commission