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Home My WebLink AboutCC RES 03-052RESOLUTION NO.03-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN ENVIRONMENTAL ASSESSMENT AND A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW THE FOLLOWING: 1. APPROVAL OF A PRECISE PLAN 03-04 TO ALLOW CONSTRUCTION AND OPERATION OF A 2 (+/-) ACRE PARK WITH LIGHTED BASKETBALLNOLLEYBALL COURTS, PARKING LOT, RESTROOM, PICNIC PAVILIONS, TOT LOT, PERIMETER WALK, BARBEQUES, FLOWER GARDEN, PUTTING GREEN AND OTHER RELATED FACILITIES AT 73-690 DE ANZA WY., APNs 627-143-006, 627-143-007, 627-143-008, 627-143-009 CASE NO.: PP 03-04 WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of April, 2003, hold a duly noticed public hearing to consider the request of the City of Palm Desert for approval of the above; and WHEREAS, the Planning Commission has recommended approval of Case No. PP 03-04 by Resolution No. 2198; 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 the Community Development has determined that the project will have no significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact 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 the granting of said precise plan. PRECISE PLAN: 1. The proposed location of the precise plan use is in accord with the objectives of the zoning ordinance and the purpose of the district in which the site is located. 2. The proposed location of the precise plan and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. RESOLUTION NO. 03-52 3. The proposed precise plan will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 4. The proposed precise plan complies with the goals, objectives, and policies of the city's adopted general plan. 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 City Council in this case. 2. That Case No. Precise Plan 03-04 is hereby approved, subject to conditions. 2. That approval of Precise Plan 03-04 and the Mitigated Negative Declaration of Environmental Impact (Exhibit "A") attached hereto 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 24th day of April 2003, by the following vote, to wit: AYES: CRITES, FERGUSON, KELLY, BENSON NOES: NONE ABSENT: SPIEGEL ABSTAIN: NONE ATTEST: RACHELLE D. KLASSEN, CITY CLERK~ City of Palm Desert, California 2 A,na.,,,,,i-o--,,, SON, Mayor RESOLUTION NO. 03-52 CONDITIONS OF APPROVAL CASE NO. PP 03-04 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. 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 statues now in force, or which hereafter may be in force. 4. Prior to 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 City Fire Marshal Public Works Department Evidence of said 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. A detailed parking lot and field lighting plan shall be submitted to staff for approval, subject to applicable lighting standards. Plan to be prepared by a qualified lighting engineer. 7. All sidewalk plans shall be reviewed and approved by the department of public works. 3 RESOLUTION NO. 03-52 8. Final landscape plans shall comply with parking lot tree planting master plan. 9. The project shall be subject to all applicable fees for public facilities at a time of issuance of permits including Art -In -Public -Places fee. 10. Sport court lighting shall be turned off at 9:00 p.m. at which time the park will be closed. Low level security lighting to remain on from dusk until dawn. 11. Traffic safety for De Anza Way adjacent to the park shall be reviewed and mitigation measures as required shall be implemented to the satisfaction of the Director of Public Works. 12. Where appropriate, low level landscaping and lighting shall be installed to assist park visibility and safety. Department of Public Works: 1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall be paid prior to issuance of any permits for this project. 2. Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall be designed to retain storm waters associated with the increase in developed vs. undeveloped condition for a 100-year storm. 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. The costs associated with the modification of existing signal systems for this project may be used as a credit against the subject signalization fees. Such a credit would be subject to approval by the Palm Desert City Council. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 5. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 6. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be 4 RESOLUTION NO. 03-52 approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 7. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 8. Landscape shall be drought tolerant in nature along the street frontages and in low activity areas. 9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Stormwater Management and Discharge Control. 10. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 11. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 12. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. Improvements shall include, but not be limited to the following: • Installation of sidewalk along the De Anza and San Carlos street frontages. 13. Proposed building pad elevations are subject to review and modification in accordance with chapter 27 of the Palm Desert Municipal Code. 14. As Required under sections 26.32 and 26.40 of the Palm Desert Municipal Code, all existing overhead utility distribution lines shall be placed underground per the respective utility district recommendation. Riverside County Fire Department: 1. No Conditions 5 RESOLUTION NO. 03-52 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. MITIGATED NEGATIVE DECLARATION CASE NO.: PP 03-04 APPLICANT/PROJECT SPONSOR: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 PROJECT DESCRIPTION/LOCATION: A 2(+/-) acre neighborhood park at 73-690 De Anza Way, between San Carlos and San Pasqual just east of San Pablo Ave. 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. f4iIL DRELL DAT: DIRECTOR OF COMMUNITY DEVELOPMENT (//YL/iD 3 6