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Home My WebLink AboutH.P.R. -D to O.S.-D 72-500 Thrush Road ......, CITY OF PALM DESERT 3 4 DEPARTMENT OF COMMUNITY DEVELOPMENT ,/h STAFF REPORT REQUEST: Continuance of a Negative Declaration of Environmental Impact, a General Plan Amendment from Hillside Planned Residential to Park, a Change of Zone from Hillside Planned Residential, Drainage (H.P.R., D.) To Open Space, Drainage (O.S., D.) and a Precise Plan of Design to allow the construction of a 27 acre park with a parking lot, restroom, picnic areas and multi-use trails at 72- 500 Thrush Road. APPLICANT: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Ca. 92260 CASE NOS: GPA 01-01, C/Z 01-01, PP 01-01 DATE: June 14, 2001 CONTENTS: None Recommendation: That the City Council continue the request to the June 28, 2001 meeting II. Executive Summary/Background: This case was scheduled and the legal notice was published in the Desert Sun identifying today's meeting as the hearing date. This was done prior to a request by the City Council to hear the item at the June 28, 2001 meeting. Because this item was noticed, it is included on the agenda to allow any interested parties to comment on the proposal. The request was received by staff prior to the adjacent property owners being noticed that the proposal would be heard at this meeting. Subsequently, notices have been sent identifying June 28, 2001 as the meeting date. Staff Report Case Nos. GPA 01-01, C/Z 01-01, PP 01-01 June 14, 2001 Prepared Reviewed and C cur: o--af. "--- JEFF WINK_ ECK C RD J. F ERS, P.E. PARKS & RECR ATION ASSISTANT CI Y MANAGER FOR PLANNING MANAGER DEVELOPMENT SERVICES Reviewe and Concur: Reviewed and Concur: A . le PHIL DRELL CARLOS ORTEGA DIRECTOR OF COMMUNITY CITY MANAGER DEVELOPMENT MEETING DATE JNTINUED TO 12 -2 0 PASSED TO 2ND READING g.planning\jwinklepleck\wpdocs\pp0101 ccl.jw 2 RESOLUTION NO. 01-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND GENERAL PLAN AMENDMENT FROM HILLSIDE PLANNED RESIDENTIAL TO PARK AT THE 72-500 THRUSH ROAD. CASE NO. GPA 01-01 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of June, 2001, hold a duly noticed public hearing to consider the request of the City of Palm Desert, for approval of the 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. 00-24," in that the Director of Community Development has determined that the project will not have a significant impact on the environment and a Negative Declaration of Environmental Impact has been prepared; 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 granting approval of said general plan amendment: 1. The land use resulting from the general plan amendment would be compatible with adjacent existing land uses. 2. The density resulting from the general plan amendment would not be incompatible with densities permitted in the adjacent areas. 3. The proposed general plan amendment will not depreciate property values, restrict the lawful use of adjacent properties or threaten the public health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED 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 findings of the council in this case. 2. That a Negative Declaration of Environmental Impact, Exhibit "A", and GPA 01-01, Exhibit "B", are hereby approved. RESOLUTION NO. 01-87 v PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 22t1_ day of .runes __ , 2001, by the following vote, to wit: AYES: BENSON, SPIEGEL, KELLY NOES: NONE ABSENT: FERGUSON ABSTAIN: CRITES RICHARD S. KELLY, MAYOR PRO-TEMPORE ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 01-87 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO.: GPA 01-01 APPLICANT/PROJECT SPONSOR: City of Palm Desert 73510 Fred Waring Drive Palm Desert, Ca. 92260 PROJECT DESCRIPTION/LOCATION: A general plan amendment from Hillside Planned Residential to Park at 72500 Thrush Road. The Director Of The Department Of Community Development, City Of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the initial study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 3 Resolution No. 01-87 I Iii: ` c.p�crus • �'". ••••CT. - \\\\\\ „: 64,J6J q-■■■■■■■■ g_u, o .t1■l■■.■■■ I Doc- 71- \ ill AItTr{lNR SPl `V JACK • H LN n .Y 0 TOHr EM ..• {x rRnvFmr{t RQSEW U ad ii■u'nitiiis■■ kinummommni a■■■ ? ,�a�■■■■1111■■■■■■■■■■ �■■■■■■■ llinMi ■■■■ • L■■■■M■■:■■■■■■■ I ■■u■■iiiii iimuu ■■■ —i m1�111�1111111�1 • t. Hillside Planned Residential to Park CITY OF PALM DESERT Case No. CPA 01-01 CITY COUNCIL ' "� GEN. PLAN AMEND. RESOLUTION NO. ts07' �'� .n. - � _ � � Date RESOLUTION NO.pi A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF A 27 ACRE PARK WITH A PARKING LOT, RESTROOM, PICNIC AREAS, AND MULTI-USE TRAIL AT 72-500 THRUSH ROAD. CASE NO.PP 01-01 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of June, 2001, hold a duly noticed public hearing to consider the request of the City of Palm Desert for approval of the above-mentioned project; and WHEREAS, the Planning Commission has recommended approval by adoption of its Resolution No. 2070; 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. 80-89," in that the Director of Community Development has determined that the project will have no significant impact on the environment and a negative declaration has been prepared; 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 granting approval of said precise plan: 1. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 4. The design of the precise plan is consistent with the General Plan and Zoning, as amended. 1 / '/ c RESOLUTION NO.01-88 NOW, THEREFORE, BE IT RESOLVED 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 findings for the Council in this case. 2. That approval of PP01-01 is hereby approved, subject to the attached conditions and approval of GPA 01-01 and C/Z 01-01. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 28th day of June, 2001, by the following vote, to wit: AYES: BENSON, SPIEGEL, KELLY NOES: NONE ABSENT: FERGUSON ABSTAIN: CRITES RICHARD S. KELLY, MAYOR PRO—TEMPORE SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California 2 /,r RESOLUTION NO. of-88 CONDITIONS OF APPROVAL CASE NO. PP 01-01 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions: 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise, said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to the issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permit and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of such permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and Department of Community Development and shall include provisions for recycling. 6. Hours of operation shall be from dawn to dusk. 7. No lighting, other than security lighting at the bathroom, shall be permitted. 3 /) RESOLUTION NO. (Dept. of Community Development conditions cont'd) 8. Dog owners shall be required to maintain their dog(s) under their control and clean up after their dog(s). Owners failing to comply with this regulation and all other applicable rules and regulations shall be subject to fines and/or prosecution as allowed by law. City's leash law within park ordinance shall be revised to provide for necessary exceptions. 9. The City shall enter into an agreement with CVWD regarding the access road, gates and parking areas. 10. The channel road gate at Thrush Road will be locked at dusk each day to limit afterhours vehicle traffic to the parking areas. 11. The restroom shall be locked each evening at dusk. 12. One 5 space parking area shall be located south of Thrush Road bridge to provide easier access to the south picnic area as indicated on the plan. 13. Staff shall work with Sheriffs Department to establish a monitoring schedule to minimize the impacts on the nearby residents. These include noise, dust and security. Department of Public Works: 1. All grading and other related site work shall be to the satisfaction of the Director of Public Works. Riverside County_Eire_Department: None 4 RESOLUTION NO. 01-88 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO.: PP01-01 APPLICANT/PROJECT SPONSOR: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 PROJECT DESCRIPTION/LOCATION: A 27-acre open space park with parking lot, restroom, picnic area, and multi-use trails at 72-500 Thrush Road. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effect, may also be found attached. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 5 l ��