Loading...
HomeMy WebLinkAboutRes No 2211PLANNING COMMISSION RESOLUTION NO. 2211 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 47-600 CHIA DRIVE. CASE NO. CUP 03-04: 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, June 3, and July 15, 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 has installed proper mitigation measures and landscaping 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 does not result in an increase of ambient noise levels. 3. As conditioned the use 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, Califomia, 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 03-04 is hereby granted, subject to conditions attached. PLANNING COMMISSION RESOLUTION NO. 2211 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of July, 2003, by the following vote, to wit: AYES: JONATHAN, LOPEZ, CAMPBELL NOES: NONE ABSENT: FINERTY ABSTAIN: TSCHOPP ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission 'SONIA M. CAMPBELL, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 2211 CONDITIONS OF APPROVAL CASE NO. CUP 03-04 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. The 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. 7. Applicant agrees to maintain all the physical improvements to the project site. Applicant shall enter into an agreement to maintain the well site 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 site shall comply with the Property Maintenance Ordinance (Ordinance No. 801). 8. Applicant shall execute a hold harmless agreement with the City of Palm Desert covering all water pipelines emanating from the property and installed within the City limits. This agreement shall be for the life of the project and be a condition for all future property owners. The applicant will assume liability for, indemnify, protect and hold harmless the City and officers, agents, and employees ("Indemnities") from and 3 PLANNING COMMISSION RESOLUTION NO. 2211 against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnities arising out of any kind or manner of failure or leakage that may occur for any reason during the life of the project from any water pipelines emanating from the property and installed within the City limits . 4