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HomeMy WebLinkAboutRes No 2851PLANNING COMMISSION RESOLUTION NO. 2851 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING A CONDITIONAL USE PERMIT AND PRECISE PLAN TO DEVELOP AN 11,380 SQUARE FOOT FIRE STATION ON A 2.66-ACRE PARCEL LOCATED AT 75665 GERALD FORD DRIVE (ASSESSOR’S PARCEL NUMBER 694-160-015) CASE NOS. EA23-0011/CUP23-0011/PP23-0011 WHEREAS, PBK Architects (“Applicant”), on behalf of the City of Palm Desert, submitted applications for an Environmental Assessment (EA), Conditional Use Permit (CUP), and Precise Plan (PP) for a 11,358 square foot fire station building (“Project”) located on a 2.66-acre Project site at 75665 Gerald Ford Drive (Assessor Parcel Number 694-160- 015); and WHEREAS, the Project site has a land use designation of Public Facility/Institutional in the Palm Desert General Plan adopted on November 10, 2016, and a zoning designation of Public Institution (P); and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Architectural Review Commission (ARC) of the City of Palm Desert, California, did on the 9th day of January 2024, approve a design review for the Project; and WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA (State CEQA Guidelines) and the City of Palm Desert CEQA Implementation Requirements, the City of Palm Desert Development Services Department has determined that the Project will not have a significant impact on the environment and that the Project is categorically exempt under Article 19, Section 15332 Infill Development (Class 32) of the CEQA Guidelines; therefore, no further environmental review is necessary; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of February 2024, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: DocuSign Envelope ID: F30326B1-D464-4009-A9AC-0542224EE055 PLANNING COMMISSION RESOLUTION NO. 2851 2 SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Findings on Conditional Use Permit. In recommending approval of this Project, the Planning Commission, and under Palm Desert Municipal Code (PDMC) Section 25.72.050(F), the following findings are required before granting a CUP: 1. That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. The purpose and intent of the Public Institution district is to provide for the orderly establishment of public facilities, expansion of their operations, and for the orderly establishment of quasi-public institutional uses that are compatible with and support surrounding land uses. The proposed Project establishes a new fire station to help continue and expand the existing City of Palm Desert fire life safety operations. 2. That the proposed location of the conditional use and the conditions under which it would 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 use, as conditioned, has been reviewed to not be detrimental to the public health, safety, or welfare, or be materially injurious to properties in the vicinity. The Project site design has been reviewed to ensure the protection of the public health, safety, and general welfare. The use is not one as such that will be detrimental to public health and will be continuously reviewed and operated by City staff to ensure continuous compliance and safety. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The proposed development conforms with all applicable standards of the Palm Desert Municipal Code, including all standards of the Public Institution zoning designation. No variances or adjustments are proposed for this development. The Project conforms with all development standards, including building height and parking. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City’s General Plan. The proposed use complies and is consistent with the site’s General Plan land use designation of Public Facility/Institutional. The Project will provide fire station life safety operations. The following General Plan Goals and Policies are achieved with this Project: Goal 4. Fire hazards. Existing and future development is protected from wildfire hazards, with decreased frequency and intensity of wildfire incidents despite increased density and urbanization within the community. DocuSign Envelope ID: F30326B1-D464-4009-A9AC-0542224EE055 PLANNING COMMISSION RESOLUTION NO. 2851 3 Policy 4.1 Fire Preparation. The project will help maintain optimal fire readiness and response service in coordination with Riverside County and other agencies. Goal 7. Emergency Services. The project will help continue to provide excellent emergency services to the community. Policy 7.1 Quality of service. The project will provide courteous, responsive, and efficient fire services. Policy 7.3 Serving new growth. It will expand fire service coverage in conjunction with new growth to ensure quality of service does not diminish. Policy 7.8 Fire and emergency services. The project includes continued coordination with Riverside County Fire Department to ensure continued excellent fire services. SECTION 3. CEQA Determination. The Planning Commission finds the Project is exempt from CEQA pursuant to Section 15332 Infill Development (Class 32) of the State CEQA guidelines. Class 32 consists of projects characterized as infill development meeting the following conditions: a) The Project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with applicable zoning designation and regulations. The proposed general institution use is consistent with the Public Facility/Institutional General Plan land use designation and the Public Institution zoning designation. The Project does not conflict with General Plan policies and meets all regulations of the PDMC. b) The proposed development occurs within city limits on a Project site of no more than five (5) acres substantially surrounded by urban uses. The Project site is a 2.66-acre site within the City of Palm Desert. c) The Project site has no value as a habitat for endangered, rare, or threatened species. d) Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. e) The site can be adequately served by all required utilities and public services. SECTION 4. Project Recommendations. The Planning Commission hereby approves CUP23-0011 and PP23-0011, subject to the findings and Conditions of Approval attached herein as Exhibit A. SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. SECTION 6. Execution of Resolution. The Chairperson of the Planning Commission signs this Resolution, and the Secretary to the Commission shall attest and certify to the passage and adoption thereof. DocuSign Envelope ID: F30326B1-D464-4009-A9AC-0542224EE055 PLANNING COMMISSION RESOLUTION NO. 2851 4 SECTION 7. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. ADOPTED ON February 6, 2024. JOSEPH PRADETTO CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone. AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2851 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on February 6, 2024, by the following vote: AYES: GREENWOOD, GREGORY, HOLT, PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: DELUNA IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on March ____, 2024. RICHARD D. CANNONE, AICP SECRETARY DocuSign Envelope ID: F30326B1-D464-4009-A9AC-0542224EE055 PLANNING COMMISSION RESOLUTION NO. 2851 5 EXHIBIT A CONDITIONS OF APPROVAL CASE NOS. CUP/PP/EA23-0011 PLANNING DIVISION: 1. The development of the property shall conform substantially with exhibits on file with the Development Services Department, except as modified by the following conditions. Any variation from the approved plans must be reviewed and approved by the Planning Division prior to the building permit issuance and may require review and approval by the Architectural Review Commission, Planning Commission, and/or City Council. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the PDMC and state and federal statutes now in force, or which hereafter may be in force. 3. The PP shall expire if construction of the said Project shall not commence within 24 months from the date of final approval unless an extension of time is granted by the Palm Desert Planning Commission; otherwise, said approval shall become null, void, and of no effect whatsoever. 4. The CUP shall expire if construction of the said Project shall not commence within 12 months from the date of final approval unless an extension of time is granted by the Palm Desert Planning Commission; otherwise, said approval shall become null, void, and of no effect whatsoever. 5. The PP approval is for a new 11,380-square-foot building located on a 2.66-acre area. The new building will operate as a new fire station. 6. The approved PP shall only be modified with written City approval per PDMC Chapter 25.72.030. Any proposed changes to this PP will require an amendment to the application, which may result in a new public hearing. 7. The approved CUP shall only be modified per the guidelines outlined in PDMC Chapter 25.72.050(I). 8. All construction documentation shall be coordinated for consistency, including, but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Development Services Department. 9. Prior to the issuance of a building permit for the construction of any use or structure contemplated by this approval, the Applicant shall first obtain permits and or clearance from the following agencies: DocuSign Envelope ID: F30326B1-D464-4009-A9AC-0542224EE055 PLANNING COMMISSION RESOLUTION NO. 2851 6 Coachella Valley Water District (CVWD) City of Palm Desert Public Works Department Riverside County Fire Department City of Palm Desert Land Development Division City of Palm Desert Planning Division City of Palm Desert Building and Safety Division Evidence of said permit or clearance from the above agencies shall be presented to the Building & Safety Division at the time of issuance of a building permit for the use contemplated herewith. 10. This Project is subject to the Art in Public Places requirements in Chapter 4.10 of the PDMC. 11. Final lighting plans shall be submitted per PDMC Section 24.16 for any landscape, architectural, street, or other lighting types within the Project area. All exterior lighting sources shall be fully shielded and directed downwards and is subject to approval by the Development Services Department. Luminaries with total lamp lumens above 16,000 lumens shall not be used. Prior to the building permit issuance, the Applicant shall submit plans for outdoor lighting as required by PDMC Section 24.16.030 and include glare ratings and color temperature for all exterior light fixtures. 12. Prior to the building permit issuance, the Applicant shall submit a landscape construction application for approval by the Development Services Department and Coachella Valley Water District. Final landscape and irrigation documents shall be prepared by a landscape architect registered with the State of California and shall be submitted to the Development Services Department and the CVWD for review and approval. All sheets shall be signed by the landscape architect and shall include the license number and the expiration date. The landscape plan shall conform to the preliminary landscape plans prepared as part of this application and shall include dense plantings of live landscape material. All plants shall be a minimum of five (5) gallons in size, and all trees shall be a minimum 24-inch box in size. A. The Applicant shall submit final landscape construction plans to the Palm Desert Development Services Department for review and acceptance prior to submittal to CVWD. 13. All Project irrigation systems shall function properly, and landscaping shall be maintained in a healthy and thriving condition. The maintenance of landscaping and the irrigation system shall be permanently provided for all areas of the Project site, as well as walkways and the portion of public right-of-way abutting the Project site (parkways). Furthermore, the plans shall identify responsibility for the continued maintenance. 14. Prior to the issuance of the Certificate of Occupancy, the Project landscape architect shall submit written certification to the Public Works Department or Planning Division that the landscaping and irrigation have been installed per the approved landscape plan. DocuSign Envelope ID: F30326B1-D464-4009-A9AC-0542224EE055 PLANNING COMMISSION RESOLUTION NO. 2851 7 15. All exterior ground-mounted and rooftop equipment and all appurtenances thereto shall be completely screened from public view by walls or roof screens that are architecturally treated to be consistent with the building. The final construction plans shall include appropriate drawings demonstrating how such equipment is to be screened from view. 16. All roof drainage systems and devices shall be designed such that they are fully screened from view from all public streets. Drainage devices, including but not limited to down- spouts, shall not be located on any street-facing building elevation or area that is clearly visible from the public right-of-way. Drainage devices shall be fully integrated into the building structure and located within the exterior walls of the structure. 17. All ground-mounted utility structures including, but not limited to, transformers, HVAC equipment, and backflow prevention valves shall be located out of view from any public street or adequately screened using landscaping and/or permanent screening devices. 18. Exterior building elevations showing building wall materials, roof types, exterior colors, and appropriate vertical dimensions shall be included in the development construction drawings. 19. All roof access ladders shall be located on the inside of the building and shall be fully screened by rooftop parapets. 20. The Applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations. 21. A copy of the herein-listed Conditions of Approval shall be included in the construction documentation package for the Project, which shall be continuously maintained on-site during Project construction. 22. Exterior signage shall comply with Chapter 25.56 of the PDMC. 23. Prior to a permit issuance, the Applicant shall submit plans for the final design of all site fences and walls subject to review and approval by the Palm Desert Development Services Department. The design of the walls shall be consistent with the height, material, and design on the approved conceptual site plan dated June 9, 2023. This includes the proposed screening fence attached to the existing skate park fence. 24. Future modifications to site walls or fences shall require approval by the Director of Development Services. The use of barbed wire, razor wire, and spiked pickets for fencing is prohibited. LAND DEVELOPMENT DIVISION/PUBLIC WORKS DEPARTMENT: 25. The following plans, studies, and exhibits are hereby referenced: Preliminary Grading Plan Discover Palm Desert, prepared by CivTec, dated December 2023. 26. Any condition of approval as part of this Project may be modified, revised, or removed by the City Engineer and Development Services Director if it is determined that it is not DocuSign Envelope ID: F30326B1-D464-4009-A9AC-0542224EE055 PLANNING COMMISSION RESOLUTION NO. 2851 8 required for a City project and/or to match with offsite improvements on Gerald Ford Drive. 27. It is assumed that easements shown on the preliminary grading exhibit are shown correctly and include all the easements that encumber the subject property. A current preliminary title report for the site will be required to be submitted during the technical plan review. The Applicant shall secure approval from all, if any, easement holders for all grading and improvements, which are proposed over the respective easement or provide evidence that the easement has been relocated, quitclaimed, vacated, abandoned, easement holder cannot be found, or is otherwise of no effect. Should such approvals or alternate actions regarding the easements not be provided and approved by the City, the Applicant may be required to amend or revise the proposed site configuration as may be necessary. 28. It is understood that the conceptual exhibits correctly show acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate flows. If final design requires that the Applicant amend or revise these exhibits it must have approval by the City Engineer. 29. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20 Stormwater Management and Discharge Ordinance. 30. All utility extensions within the site shall be placed underground unless otherwise specified or allowed by the respective utility purveyor. 31. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No grading or other improvements shall be permitted until a final grading plan has been approved by the City Engineer. Grading plans and all grading shall conform to the approved Conceptual Grading Plan, the California Building Code, Palm Desert Municipal Code Title 27 Grading, and all other relevant laws, rules, and regulations governing grading in the City of Palm Desert. 32. The grading plan shall provide for acceptance and proper discharge of all off-site drainage flowing through the site. Should the quantities exceed the street capacity, the Applicant shall provide adequate drainage facilities and/or appropriate easements as approved by the City Engineer. 33. Pad elevations, as shown on the conceptual exhibit, are subject to review and modification per Chapter 27 of the PDMC and approved by the City Engineer. 34. Prior to approval of the grading plan, the Applicant shall prepare a detailed final hydrology and hydraulics report for approval of the City Engineer. The report shall encompass the entire Project area and comply with all relevant laws, rules, and regulations governing the City of Palm Desert. 35. All drainage and storm drain improvements shall be designed per PDMC Title 24, Riverside County Flood Control and Water Conservation District’s standards for the DocuSign Envelope ID: F30326B1-D464-4009-A9AC-0542224EE055 PLANNING COMMISSION RESOLUTION NO. 2851 9 Drainage Element of the Palm Desert General Plan, and all other relevant laws, rules, and regulations governing grading in the City of Palm Desert. 36. Prior to approval of the grading plans, the Applicant shall provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board or a letter from either agency stating that the NOI has been filed and their WDID number is depicted on the Grading Plan before approval. 37. Prior to the issuance of a grading permit, the Applicant shall submit a PM10 application for review and approval. The Applicant shall comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control. 38. Where grading involves import or export, the Applicant shall obtain relevant permits, from the Public Works Department where the material is coming from or going to, including import/export quantities and hauling route. 39. Prior to a grading permit, it shall be the sole responsibility of the Applicant to obtain any and all proposed or required easements and/or permissions necessary (if any) to perform the grading shown on the grading plan exhibit. Proof shall be provided to the Development Services Department prior to the issuance of a grading permit, to the satisfaction of the City Engineer and Development Services Director. 40. It is assumed that the grading and the provisions for stormwater mitigation shown on the conceptual grading exhibit and report can comply with all requirements of the City of Palm without substantial change from that shown. Prior to approval of the grading plan for the PP, a final stormwater mitigation plan shall be submitted for review and approval by the City Engineer. The plan shall incorporate and optimize the use of best management practices (BMPs) for the development. 41. All post-construction BMPs shall be designed based on the City of Palm Desert’s maximum infiltration criteria of one (1) inch/hour. 42. Conveyance of emergency overflow shall flow along the historic path. The depth of the ponding/overflow shall be a minimum of 1-ft below the proposed finished floor elevations. 43. Prior to the issuance of a grading permit, the Applicant shall submit for review and approval of the City Engineer a final Geotechnical Report that includes project-specific recommendations. 44. Prior to the issuance of a precise grading permit, the Applicant shall submit grading, paving and utility improvement plans for all onsite improvements for review and approval of the City Engineer. 45. The following existing improvements shall be made in accordance with accessibility regulations as: DocuSign Envelope ID: F30326B1-D464-4009-A9AC-0542224EE055 PLANNING COMMISSION RESOLUTION NO. 2851 10 A. Sidewalks/walks B. Shared-use paths/multi-purpose paths. C. Curb ramps D. Driveway approaches crossings E. Parking spaces 46. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this Project and shall be completed prior to acceptance by the City. 47. Improvements that are compliant with the accessibility standards in effect at the time of construction shall be depicted on the construction plans with detailed specifications for the running and cross slopes of all pedestrian walkways, with locations, dimensions and grades of maneuvering spaces and landings, width of sidewalk, and vertical clearance from obstructions. The accessibility of existing improvements will be verified by City inspection staff upon completion of the project. Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remedied and brought up to accessibility standards as part of the Project. 48. Prior to the start of grading activities, the Applicant shall install all erosion and dust control mechanisms for the site as approved by the City Engineer. 49. Upon completion of grading work, the Project’s Engineer of Record shall certify to the completion of grading in substantial conformance with the approved grading plans and the recommendations of the geotechnical report approved for this Project. 50. Applicant shall coordinate plans to be consistent and align with any offsite work proposed concurrently and/or in future. 51. Prior to the building Certificate of Occupancy, the Applicant is responsible for the completion of construction of all improvements for which plans are required. BUILDING AND SAFETY DIVISION: 52. This Project shall comply with the latest adopted edition of the following codes: A. California Building Code and its appendices and standards. B. California Commercial Code and its appendices and standards. C. California Plumbing Code and its appendices and standards. D. California Mechanical Code and its appendices and standards. E. California Electrical Code. F. California Energy Code. G. California Green Building Standards Code. H. Title 24, California Code of Regulations. I. California Fire Code and its appendices and standards. DocuSign Envelope ID: F30326B1-D464-4009-A9AC-0542224EE055 PLANNING COMMISSION RESOLUTION NO. 2851 11 53. Upon formal submittal, provide a detailed summary of occupancies per building and/or areas of the Visitor Center (Center/Reception Area, Support areas, storage, etc.) and Gallery. 54. The accessibility provisions of CBC Chapter 11B apply to this Project. Please demonstrate and identify existing and new compliance of parking (both standard and EV accessible), paths of travel, restrooms, kitchen, breaks areas, etc. 55. The Applicant shall coordinate directly with: Riverside County Fire Marshal’s Office CAL FIRE/Riverside County Fire Department Main: (760) 863-8886 77933 Las Montañas Road, Suite 201 Palm Desert, CA 92211 56. All trash enclosures are required to be accessible. Provide an accessible path of travel to the trash enclosure. Trash enclosures shall comply with the minimum requirements established by Section 8.12 of the PDMC. 57. All contractors and subcontractors shall have a current City of Palm Desert Business License before permit issuance per PDMC, Title 5. 58. All contractors and/or owner-builders must submit a valid Certificate of Workers’ Compensation Insurance coverage before the issuance of a building permit per California Labor Code, Section 3700. 59. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC Section 15.28). Compliance with Ordinance 1351 regarding street address location, dimension, stroke of line, distance from the street, height from grade, height from the street, etc., shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds, or other reasons that may render the building address unreadable shall be addressed during the plan review process. The Applicant may request a copy of Ordinance 1351 or PDMC Section 15.28 from the Building and Safety Division counter staff. END OF CONDITIONS OF APPROVAL DocuSign Envelope ID: F30326B1-D464-4009-A9AC-0542224EE055