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HomeMy WebLinkAboutRes No 2070PLANNING COMMISSION RESOLUTION NO. 2070 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF 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.), A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF PHASE ONE OF A 27 ACRE PARK WITH A PARKING LOT, RESTROOM, PICNIC AREA AND MULTI -USE TRAILS AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AT 72- 500 THRUSH ROAD. WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of May, 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, 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 PLANNING COMMISSION RESOLUTION NO. 2070 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 for the Commission in this case. 2. That approval of GPA 01-01, C/Z 01-01, and PP01-01 is hereby recommended to the City Council, subject to the attached conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of May, 2001, by the following vote, to wit: AYES: CAMPBELL, JONATHAN, TSCHOPP, FINERTY NOES: NONE ABSENT: LOPEZ ABSTAIN: NONE Philip Drell, Secretary 2 c" CYNTHIA FINERTY, Vice hairperson PLANNING COMMISSION RESOLUTION NO. 2070 CONDITIONS OF APPROVAL CASE NO.GPA 01-01, C/Z 01-01, PP01-01 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 PLANNING COMMISSION RESOLUTION NO. 2070 (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. Landscape manager shall be utilized to assist with the perimeter site design which may include use of palm logs, boulders, railroad ties and split rail fencing,or any combination thereof, to delineate park and provide a physical barrier to limit site access to unauthorized vehicles. 13. Access road adjacent to the park site, from the north access gate to South Cliff Road, shall be paved and chip sealed to blend as closely as possible with the adjacent natural area. 14. 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. 15. 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 Fire Department: None 4 PLANNING COMMISSION RESOLUTION NO. 2070 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO.: GPA 01-01, C/Z 01-01, 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 DRELDATE DIRECTOR 0 COMMUNITY DEVELOPMENT 5