HomeMy WebLinkAboutRes No 2246PLANNING COMMISSION RESOLUTION NO. 2246
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 46-400 GOLDEN ROD LANE.
CASE NO. CUP 03-27
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 20th day of January, 2004, hold a duly noticed public hearing to consider the
request by STONE EAGLE 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 Califomia 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 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 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 03-27 is hereby granted, subject to
conditions attached.
PLANNING COMMISSION RESOLUTION NO. 2246
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of January, 2004, by the following vote, to
wit:
AYES: FINERTY, LOPEZ, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
' SONIA M. CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2246
CONDITIONS OF APPROVAL
CASE NO. CUP 03-27
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 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 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
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PLANNING COMMISSION RESOLUTION NO. 2246
for any reason during the life of the project from any water pipelines emanating
from the property and installed within the City limits .
8. In the case that the existing landscaping in the front (west) and north side
landscaping dies, the applicant shall submit to the Director of Community
Development plans for installation of a 6' high block wall to screen the well site.
9. The applicant shall remove the existing chain -link gate and oleanders along the
rear property line (Grapevine Lane) and install a 6' high block wall with new desert
landscaping in front of it. Said plan shall be submitted to the Director of Community
Development for review and approval.
10. The applicant shall install a new 6' high block wall along the south property line to
screen and enhance the well site. Said plan shall be submitted to the Director of
Community Development for review and approval.
11. Any other improvements or modification to this application may result in an
amendment to the conditional use permit, which shall result in a Public Hearing.
12. Applicant shall work with neighbors to develop a landscaping plan along Golden
Rod Lane. Said revised landscape plan shall be submitted to the Director of
Community Development for review and approval.
Department of Public Works:
1. In accordance with Palm Desert Municipal Code Chapter 27, complete grading
plans and specifications shall be submitted to the Director of Public Works for
checking and approval prior to the issuance of any permits associated with this
project.
2. Proposed building and equipment pad elevations are subject to review and
modification in accordance with Chapter 27 pf the Palm Desert Municipal Code.
3. Landscaping plans shall be submitted for review concurrently with grading plans.
4. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management
and Discharge Control.
5. Applicant shall enter into a maintenance and repair agreement, and an
encroachment permit shall be obtained for the water lines within the public right -of
way prior to issuance of any other permits associated with the project.
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