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HomeMy WebLinkAboutCC RES 01-088RESOLUTION NO.01-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF A 27 ACRE PARK WITH A PARKING LOT, RESTROOM, PICNIC AREAS, AND MULTI -USE TRAIL AT 72-500 THRUSH ROAD. CASE__NQ_PE01-0:1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of June, 2001, hold a duly noticed public hearing to consider the request of the City of Palm Desert for approval of the above -mentioned project; and WHEREAS, the Planning Commission has recommended approval by adoption of its Resolution No. 2070; 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. 80-89," in that the Director of Community Development has determined that the project will have no significant impact on the environment and a negative declaration has been prepared; 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 granting approval of said precise plan: 1. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 4. The design of the precise plan is consistent with the General Plan and Zoning, as amended. 1 I'l RESOLUTION NO.01-88 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings for the Council in this case. 2. That approval of PP01-01 is hereby approved, subject to the attached conditions and approval of GPA 01-01 and C/Z 01-01. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 28th day of June, 2001, by the following vote, to wit: AYES: BENSON, SPIEGEL, KELLY NOES: NONE ABSENT: FERGUSON ABSTAIN: CRITES SHEILA R. G G • ity Clerk City of Palm Dese , C , Iifornia 2 azwi RICHARD S. KELLY, MAYO$IPRO-TEMPORE RESOLUTION NO. of-88 CONDITIONS OF APPROVAL CASE NO. PP 01-01 Department of Community Developments 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. Construction of a portion of said project 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 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. 4. Prior to the issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permit and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of such permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and Department of Community Development and shall include provisions for recycling. 6. Hours of operation shall be from dawn to dusk. 7. No lighting, other than security lighting at the bathroom, shall be permitted. 3 RESOLUTION NO. 01-88 (Dept. of Community Development conditions cont'd) 8. Dog owners shall be required to maintain their dog(s) under their control and clean up after their dog(s). Owners failing to comply with this regulation and all other applicable rules and regulations shall be subject to fines and/or prosecution as allowed by law. City's leash law within park ordinance shall be revised to provide for necessary exceptions. 9. The City shall enter into an agreement with CVWD regarding the access road, gates and parking areas. 10. The channel road gate at Thrush Road will be locked at dusk each day to limit afterhours vehicle traffic to the parking areas. 11. The restroom shall be locked each evening at dusk. 12. One 5 space parking area shall be located south of Thrush Road bridge to provide easier access to the south picnic area as indicated on the plan. 13. Staff shall work with Sheriffs Department to establish a monitoring schedule to minimize the impacts on the nearby residents. These include noise, dust and security. Dipartmant_ofPublic_Works: 1. All grading and other related site work shall be to the satisfaction of the Director of Public Works. RiversideCountyc Fire Department: None 4 RESOLUTION NO. of-88 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE Nam; PP01-01 APPLICANT/PROJECT SPONSOR: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 PROJECT DESCRIPTION/LOCATION: A 27-acre open space park with parking lot, restroom, picnic area, and multi -use trails at 72-500 Thrush Road. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effect, may also be found attached. 4.42/0% PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 5 )/