HomeMy WebLinkAboutRes No 2203PLANNING COMMISSION RESOLUTION NO. 2203
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT ALLOWING THE OPERATION OF AN
ABANDONED PUBLIC UTILITY WELL SITE FOR PRIVATE
WATER EXPORT IRRIGATION WELL SITE LOCATED AT 73-375
SHADOW MOUNTAIN DRIVE.
CASE NO. CUP 03-03:
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
15th day of April, 2003, hold a duly noticed public hearing, which was continued to May 20 and
June 3, 2003, to consider the request by BIGHORN DEVELOPMENT for approval of the above
noted; 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 Community Development has determined that the project is a
Class 1 Categorical Exemption for purposes of CEQA and no further documentation is
necessary; 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 approval of the conditional use
permit:
1. That the applicant will provide necessary soundproofing measures, and
landscaping improvements to assure that the well site will be operated in a
manner that is compatible with the surrounding R-1 zoning.
2. With the sound mitigation measures the private water export irrigation well site
will not result in an increase in ambient noise levels.
3. The use will be conditioned to assure that it will not be detrimental to the public
health, safety or welfare to the properties in the vicinity.
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 approval of Conditional Use Permit 03-03 is hereby granted, subject to
conditions attached.
PLANNING COMMISSION RESOLUTION NO. 2203
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 3`d day of June, 2003, by the following vote, to wit:
AYES: FINERTY, JONATHAN, LOPEZ, FINERTY
NOES: NONE
ABSENT: NONE
ABSTAIN: TSCHOPP
ATTEST:
PHILIP DRELL Secretary
Palm Desert PI nnin9 Commission
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SONJA CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2203
CONDITIONS OF APPROVAL
CASE NO. CUP 03-03
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file to the
Department of Community Development, as modified by the following conditions.
2. The use of the property as described in the permit 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 operation of the use 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. Applicant agrees to maintain the landscaping and acoustical structure required to be
installed pursuant to these conditions. Applicant will enter into an agreement to maintain
said landscaping and acoustical structure for the life of the project, which agreement
shall be notarized and which agreement shall be recorded. It is the specific intent of the
parties that this condition and agreement run with the land and bind successors and
assigns. The final development plan shall include a long-term maintenance program
specifying among other matters appropriate property clean-up and scheduling, watering
times, fertilization and pruning for various times of the year for the specific materials to
be planted, as well as periodic replacement of materials. All to be consistent with the
Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape
plan.
5. Private use of this well site shall not increase ambient noise levels.
6. That the Planning Commission may require additional site improvements to the said
property.
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