HomeMy WebLinkAboutRes No 2626PLANNING COMMISSION RESOLUTION NO. 2626
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION OF
ENVIRONMENTAL IMPACT, AND APPROVAL OF A CONDITIONAL USE
PERMIT FOR A NEW UNDERGROUND WATER WELL WITHIN THE
BOUNDARIES OF SHADOW MOUNTAIN GOLF COURSE ALONG
FLAGSTONE LANE (APN 694-190-061)
CASE NO: CUP 14-76
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
15th day of April 2014, hold a duly noticed public hearing to consider the request by The
Reserve Club and Shadow Mountain Golf Course for approval of the above noted; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the City
must determine whether a proposed activity is a project subject to CEQA. If the project is
subject to CEQA, staff must conduct a preliminary assessment of the project to determine
whether the project is exempt from CEQA review. If a project is not exempt, further
environmental review is necessary. Further review from a non-exempt project would result
in a Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact
Report (EIR). Generally, an EIR must be prepared if a project may have a significant impact
on the environment. The said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2013-16, in the Director of Community Development has determined that the
proposed project is a Class 32: In -Fill Development Projects (15332) Categorical Exemption
for purposes of CEQA and no further review 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 approve the said request:
Findings for Approval:
1. That the proposed location of the conditional use is in accordance with the objectives
of the Zoning Ordinance and the purpose of the district in which it is located.
The proposed location of the project is in the O.S., Open Space zone. The purpose
of the zone is to provide for areas reserved for parks, public, or private recreation.
The property is located within Shadow Mountain Golf Course within a green belt
area. Shadow Mountain Golf Course was constructed under the jurisdiction of the
County of Riverside over 50 years ago. Golf courses maintaining well -sites are not
uncommon. The site currently maintains a well -site for irrigation. The proposed well -
site would be used as a backup well in the event of failure of the existing one. The
well will also provide service to The Reserve Club. The water well as proposed and
conditioned would provide irrigation water to both golf courses and will be compatible
in regards to noise and aesthetics with the adjacent residential homes.
Since the project site is adjacent to residential homes, staff has conditioned the
project that the proposed 24-hour drilling will maintain residential decibel levels per
PLANNING COMMISSION RESOLUTION NO. 2626
Chapter 9.24 Noise Control Section 9.24.030. The proposed well -site is in
accordance with the objectives of the zoning ordinance.
2. That the proposed location of the conditional use and the conditions under which it
will be operated or maintained will not be detrimental to the public health, safety or
welfare, or be materially injurious to properties or improvements in the vicinity.
The proposed project as a conditional use is consistent with the intent of the City's
Zoning Ordinance as described above. The potential for adverse noise will not be an
issue since the well -site is located underground within a vault. The request to drill the
well for 24 hours per day has been mitigated by conditions. The well -site would not
be detrimental to the public interest, health, safety, welfare, and materially injurious
to properties in the vicinity. No known toxins, combustibles, or environmental
hazards will be introduced by the proposed use. Based on consideration of the
whole, the proposed project is in accordance with the Palm Desert Municipal Code in
regards to land use.
3. That the proposed conditional use will comply with each of the applicable provisions
of the zoning ordinance, except for approved variances or adjustments.
The proposed underground water well -site as conditioned is consistent with the
intent of the City's Zoning Ordinance as described in the staff report. The applicable
provisions of the Zoning Ordinance include Chapters 25.72.050 and 25.22.030,
which allow issuance of a CUP for a water well -site in an open space zone. The
nature of the proposed use is compatible with surrounding land uses, and does
support the existing golf course and residential community. There are no variances
or adjustments required for approval.
4. That the proposed conditional use complies with the goals, objectives, and policies
of the City's General Plan.
The General Plan land use designation for the site is "Low Density Residential." One
of the primary objectives stated in the Land Use Element of the General Plan is
appropriate residential development including single family with shared open space,
recreation, and other amenities.
The proposed underground water well -site as conditioned would be an appropriate
location, since the use would operate on an existing golf course. The site is adjacent
to residential homes and the proposed use being constructed underground within a
vault would not create added objectionable noise.
This project maintains a land use that is consistent with the goals, policies, and
programs of the General Plan. The project is consistent with the General Plan in
respect to the proposed underground water well -site being located within a golf course
community.
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PLANNING COMMISSION RESOLUTION NO. 2626
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
Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of CUP 14-76,
subject to conditions.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 1 5tn day of April 2014, by the
following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, and GREENWOOD
NOES:
ABSENT:
ABSTAIN:
NONE
STENDELL
NONE
ROGER`DASH, CHAIRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2626
CONDITIONS OF APPROVAL
CASE NO: CUP 14-76
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. 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.
3. Prior to issuance of a building permit for construction of any use contemplated by this
approval, the applicant shall first obtain permits and/or clearance from the following
agencies:
Coachella Valley Water District
Building & Safety Department
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to the
Department of Building & Safety at the time of issuance of a building permit for the use
contemplated herewith.
4. All conditions of approval shall be recorded with the Riverside County Clerk's office
before the use commences. Evidence of recordation shall be submitted to the
Department of Community Development/Planning.
5. Applicant shall defend, indemnify and hold harmless the City against any third party
legal challenge to these approvals, with counsel chosen by the City at applicant's
expense.
6. Any proposed change of this Conditional Use Permit will require an amendment, which
will result in a new public hearing.
7. The applicant is permitted to drill 24 hours, seven days a week until the well is
completed at a decibel level of 55.
8. During the drilling of 24 hours, seven days a week, the applicant must continue to
monitor the sound levels and provide staff with a weekly report of the average decibel
readings taken from the adjacent residents.
DEPARTMENT OF PUBLIC WORKS:
9. Submit a grading plan to the Department of Public Works for review and approval. Any
changes to the approved civil or landscape plans must be reviewed for approval prior to
work commencing.
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PLANNING COMMISSION RESOLUTION NO. 2626
10. Submit a Parcel Map for review and approval to the Director of Public Works.
11. Sign and record an agreement for the maintenance of the well.
DEPARTMENT OF BUILDING AND SAFETY:
12. This project shall comply with the latest adopted edition of the following codes:
A. 2013 California Building Code and its appendices and standards.
B. 2013 California Plumbing Code and its appendices and standards.
C. 2013 California Mechanical Code and its appendices and standards.
D. 2013 California Electrical Code.
E. 2013 California Green Building Standards Code
F. Title 24, California Code of Regulations.
G. 2013 California Fire Code and its appendices and standards.
13. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm desert Municipal Code, Title 5.
14. All contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
15. Obtain a Building Permit from the City of Palm Desert, Department of Building and
Safety regarding the installation of any well site structure, electricity, and or plumbing as
regulated by the model codes within Comment No.1.
16. Obtain the proper approvals, if applicable, from the Coachella Valley Water District and
California Department of Water Resources.
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