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HomeMy WebLinkAboutCC RES 92-069RFSOLUTION NO. 92_69 A RESOLUTI01�1 OF THE CITY COUNCII. OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 92-2 FOR THE DEVELOP:�I�NT OF PHASE III OF THE CIVIC CENTER PARK. Casr No. CLTP 92� WHEREAS, the City of Palm DeseR filed initiated application for Conditional Use Permit 92-2; and WHEREAS, Conditional Use Permit 92-2 calls for the development of the northerly vacant third of 72 acres acquired by the City of Palm Desert for development of a civic center park; and WHEREAS, said 72 acres are bounded by Magnesia Falls Road and Fred Waring Drive to the north and south, San Pablo Avenue/College of the Desert and the San Pascual Channel to the east and west; and WIiEREAS, the project involved the development of four lighted ballfields, a corporate yard, concession stand, restrooms, parking and other recreational facilities; and WHEREAS, a draft environmental impact report was prepared on said project; and WHEREAS, as a result of public hearings held before the Planning Commission on April 7, April 21, and May 5, 1992 where all wishing to testify were permitted to do so and changes to mitigate environmental concerns were made to the plan; and WHEREAS, said changes included reassignment of the parking area, deletion of the corporate yard and its replacement by a date palm grove and passive recreational amenities; and WHEREAS, as a result of an appeal filed with the City of Palm Desert requesting reversal of the Planning Commission, a duly noticed public hearing before the Palm Desert City Council was held on June 25, 1992; and WHEREAS, after holding said hearing and receiving testimony from those wishing to address this issue, the Palm Desert City Council has concluded that the action of the planning commission was proper and should be reaffirmed; and WHEREAS, as a result of these changes and conditions of approval attached hereto as Exhibit A, the following findings were made affirmatively by the Palm Desert Planning Commission and reaffirmed by the Palm Desert City Council: 1. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the Public zone in that it provides needed recreational l .1��L � and other public facilities necessary to maintain the future viability, health and welfare of the City of P31m Desert. 2. The proposed lxation of the conditional use and the conditions under which it would be onerated are maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to property or improvements in the vicinity because as demonstrated in the project's environmental impact report, all potential impacts are mitigated to the point where they are insignificant if at all. 3. The proposed conditional use will comply with each applicable provision of the zoning ordinance in that no waivers or variances are being granted. 4. The proposed conditional use complies with the goals, objectives, and policies of the city's aeneral plan in that it provides needed recreational amenities and public fac>>ities identified in that document and in the city's specific plans, and Year 2000 Strategic Plan. NOW, THEREFORE, BE IT RF.SOLVED by the City Council of the City of Palm Desert, California, as follows: l. 2 That the above recitations are true and conect and constitute the findings of the Palm Desert City Council in this case. That approval of Conditional Use Permit 92-2 is hereby granted subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meEting of the Palm Desert City Council, held on this 25th day of June, 1992, by the following vote, to wit: AYES: NOFS: ABSENT: ABSTAIN: BENSON, CRITES, SNYDER, WILSON, KELLY NONE NONE NONE - ,. i'�TTEST. i � , � � i �� � - SHEILA R. GI IGAN, Cit� City of Palm Desert, Califorb RIC�4RD S. KELLY, Mayor �� RFSOLUTTON NO. 92-,� EXHIBIT "A" CONDITIONS OF APPROVAL CASE NO. CUP 92-2 DeQ,artment of Community Develo�ment/Planning: 1. Plans shall conform to plan dated May 5, 1992 on file in the Department of Community Development as revised by the City Council at its meeting of 7une 25, 1992. 2. Outdoor lighting of sports activities shall be turned off at 9:00 p. m. 3. There will be no parlcing on Magnesia Fatls Road u�less approved by the Palm Desert City Council at a later date. 4. Project construcdon will comply with SCAQMD Rule 403 and Palm Desert requirements for dust control during grading and construction. 5. City shall encourage alternate transportation modes to motor vehicles to the facility. 6. The net ambient light impact to the neighborhoods east of the San Pasqual Channel and to the north (Monterey Country Club) must, as a result of mitigadon to existing light sources, be reduced and that such reductions must more than compensate for any light spillover to be caused by any additional lighting proposed for the ballfields. If that is not accomplished, lighting shall not be installed at the ballfields. This condition may be assisted by contracting with an outside, impartial, lighting contractor. 7. After installation the lighting shall be monitored and adjusted to prevent spillover outside of the civie center park area. 8. All applicable midgation measures identified in the Gordon Bricken & Associates acoustical report dated November 27, 1991 (Exhibit 4 of EIR) shall be implemented. 9. Tfiere sha11 be a comprehensive review of all lighting, whether existing or proposed, in the civic center and worldng guidelines formulated for retro-fitting, replacing, removing or otherwise correcting lighting which annoys the surrounding residents. 10. Develop a maintenance and review program for all civic center lighting, with the review minimally being done semi-annually. 11. Adult softball activity will be reviewed quarterly or as needed on a complaint basis. 12. No speaker system shall be installerl in the ballfield area either now or in the future. 3 0 RFSOLUTION NO. 92-k _ - Exhibit "A" Conditional Use Permit 92-2 Page 2 13. The first two rows of trees in the date grove on the north side shall be mature trees 18 to 25 feet in height. 1fie date grove shall be moved two rows to the south so that a normal date grove of 16 x 16 can be maintained. 14. Any subsequent public review necessary as part of these conditions shall occur at a notified hearing before the Planning Commission. 15. Play fields (basebaii and soccer areas) shall be lowered three feet and a three to six foot berm will be provided along Magnesia Falls. 16. Berming along the east side of the pazk shall be extended northerly to the southerly boundary of the date grove. Every effort will be made to save the Tamarisk trees along the westerly border. If those trees cannot be saved, the matter will be returned to the City Council for further consideration. �