HomeMy WebLinkAboutRes No 2198PLANNING COMMISSION RESOLUTION NO. 2198
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, CHANGE OF ZONE 03-03
FROM R1-18000 TO OPEN SPACE, AND PRECISE PLAN
03-04 FOR THE CONSTRUCTION AND OPERATION OF A 2
(+/-) ACRE PARK WITH LIGHTED BASKETBALL/
VOLLEYBALL COURTS, PARKING LOT, RESTROOM,
PICNIC PAVILIONS, TOT LOT, PERIMETER WALK,
BARBEQUES, FLOWER GARDEN, PUTTING GREEN AND
OTHER RELATED FACILITIES AT 73-690 DE ANZA WAY,
APNs 627-143-006, 627-143-007, 627-143-008, 627-143-009
CASE NOS: C/Z 03-03 AND PP 03-04
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
1st day of April, 2003, 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. 02-60, in that the Director of the 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 recommending to City Council
approval of the change of zone and precise plan:
CHANGE OF ZONE:
1. The change of zone is consistent with the General Plan, including the
Housing Element, because the zone change conforms to the Palma Village
Neighborhood Specific Plan.
2. The remaining residential sites in the Housing Element are adequate to
accommodate the city's share of regional housing need as the park site was
not relied upon by the Housing Element as a residential site.
PRECISE PLAN:
1. The proposed location of the precise plan use is in accord with the objectives
of the zoning ordinance and the purpose of the district in which the site is
located.
PLANNING COMMISSION RESOLUTION NO. 2198
2. The proposed location of the precise plan and the conditions under which it
will be operated and maintained will not be detrimental to the public health,
safety or general welfare, or be materially injurious to properties or
improvements in the vicinity.
3. The proposed precise plan will comply with each of the applicable provisions
of this title, except for approved variances or adjustments.
4. The proposed precise plan complies with the goals, objectives, and policies
of the city's adopted general plan.
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 Change of Zone 03-03 (attached hereto as Exhibit B), Precise Plan 03-
04, and the Negative Declaration of Environmental Impact (attached hereto
as Exhibit A) are hereby recommended to City Council for approval, subject
to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 1st day of April, 2003, by the following vote, to wit:
AYES: FINERTY, JONATHAN, LOPEZ, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE �j J
SONIA CAMPBELL, Chairperson
ATTEST:
PHIL DRELL,lecretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 2198
CONDITIONS OF APPROVAL
CASE NO. PP 03-04
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, 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 statues now in force, or which hereafter may be in force.
4. Prior to 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
City Fire Marshal
Public Works Department
Evidence of said 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. A detailed parking lot and field lighting plan shall be submitted to staff for approval,
subject to applicable lighting standards. Plan to be prepared by a qualified lighting
engineer.
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PLANNING COMMISSION RESOLUTION NO. 2198
7. All sidewalk plans shall be reviewed and approved by the department of public
works.
8. Final landscape plans shall comply with parking lot tree planting master plan.
9. The project shall be subject to all applicable fees for public facilities at a time of
issuance of permits including Art -In -Public -Places fee.
10. Sport court lighting shall be turned off at 9:00 p.m.
11. Traffic safety for De Anza Way adjacent to the park shall be reviewed and mitigation
measures as required shall be implemented to the satisfaction of the Director of
Public Works.
12. Where appropriate, low level landscaping and lighting shall be installed to assist
park visibility and safety.
Department of Public Works:
1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and
Ordinance No. 653 shall be paid prior to issuance of any permits for this project.
2. Any drainage facility construction required for this project shall be contingent
upon a drainage study prepared by a registered civil engineer that is reviewed
and approved by the Department of Public Works prior to start of construction.
The project shall be designed to retain storm waters associated with the increase
in developed vs. undeveloped condition for a 100-year storm.
3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to issuance of any permits associated with this
project. The costs associated with the modification of existing signal systems for this
project may be used as a credit against the subject signalization fees. Such a credit
would be subject to approval by the Palm Desert City Council.
4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
5. A complete preliminary soils investigation, conducted by a registered soils
engineer, shall be submitted to, and approved by, the Department of Public
Works prior to the issuance of a grading permit.
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PLANNING COMMISSION RESOLUTION NO. 2198
6. As required under Palm Desert Municipal Code Section 26.28, and in accordance
with Sections 26.40 and 26.44, complete improvement plans and specifications
shall be submitted to the Director of Public Works for checking and approval before
construction of any improvements is commenced. Offsite improvement plans to be
approved by the Public Works Department and a surety posted to guarantee the
installation of required offsite improvements prior to permit issuance.
7. All public improvements shall be inspected by the Department of Public Works and
a standard inspection fee shall be paid prior to issuance of grading permits.
8. Landscape shall be drought tolerant in nature along the street frontages and in low
activity areas.
9. Applicant shall comply with the provisions of Municipal Code Section 24.12,
Fugitive Dust Control as well as Section 24.20, Stormwater Management and
Discharge Control.
10. Any and all offsite improvements shall be preceded by the approval of plans and the
issuance of valid encroachment permits by the Department of Public Works.
11. In accordance with Palm Desert Municipal Code Section 26.44, complete grading
plans/site improvement plans and specifications shall be submitted to the Director of
Public Works for checking and approval prior to issuance of any permits.
12. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm
Desert Municipal Code, shall be installed in accordance with applicable City
standards. Improvements shall include, but not be limited to the following:
• Installation of sidewalk along the De Anza and San Carlos street frontages.
13. Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code.
14. As required under Sections 26.32 and 26.40 of the Palm Desert Municipal Code, all
existing overhead utility distribution lines shall be placed underground per the
respective utility district recommendation.
Riverside County Fire Department:
1. No Conditions
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PLANNING COMMISSION RESOLUTION NO. 2198
EXHIBIT A
Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative
Code.
NEGATIVE DECLARATION
CASE NOS.: C/Z 03-03 and PP 03-04
APPLICANT/PROJECT SPONSOR: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
PROJECT DESCRIPTION/LOCATION: A 2(+/-) acre neighborhood park at 73-690 De
Anza Way, between San Carlos and San Pascual just east of San Pablo Ave.
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.
ITMA--/-11 , 003)
PHIL DRELL DATE
DIRECTOR OF OMMUNITY DEVELOPMENT
6
STATE HWY 111
cII.1, S.P.
ZZn.7eoert
Case No. C/Z 03-03
Proposed
Zoning Change
R-1, 18,000
To
O.S.
PLANNING COMMISSION
Change of Zone RESOLUTION NO. 2198
EXHIBIT B Date: 4/1/03