HomeMy WebLinkAboutRes No 2680PLANNING COMMISSION RESOLUTION NO. 2680
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING THE LIVING DESERT'S
MASTER PLAN CONSISTING OF THREE PHASES FOR A NEW ENTRY
PLAZA, A NEW TICKETING BUILDING, A NEW RETAIL BUILDING, A
LEGACY GARDEN, SIX NEW ANIMAL EXHIBITS, A NEW BANQUET
BUILDING, PARKING LOT MODIFICATIONS, AND APPROVAL OF A
MITIGATED NEGATIVE DECLARATIQN IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT LOCATED AT 47-900
PORTOLA AVENUE
CASE NO: PP/CUP 15-370
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
19th day of October, 2016, hold a duly noticed public hearing to consider the request by The
Living Desert for approval of the above noted; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did on the 9th day of August, 2016, hold a duly noticed public hearing to consider the
request by The Living Desert and approved Phase One 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. The application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California Environmental Quality
Act," Resolution No. 2015-75, in the City of Palm Desert, in its capacity as the Lead Agency
for this project has determined that the proposed expansion to The Living Desert as outlined
in this staff report will not result in any potentially significant negative impacts to surrounding
properties and the environment and that a mitigated negative declaration can be adopted;
and
WHEREAS, the proposed project conforms to the development standards and
maximum building heights listed in the City's Zoning Ordinance for the Public/Institution
zoning district; 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, which are outlined in the staff report reasons to
approve the said request:
PLANNING COMMISSION RESOLUTION NO. 2680
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 the site is located.
The site is located within the Public/Institution zoning district. The purpose is to
provide for the orderly establishment of public facilities, expansion of their
operations, or change in the use of lands owned, leased or otherwise controlled by
governmental agencies, and for the orderly establishment of quasi -public institutional
uses. The Zoo's expansion would conform to the intents and purposes of the district.
The proposal requires a Conditional Use Permit (CUP) to ensure land use
compatibility and establish parking requirements. The Living Desert has operated
since 1970, and has demonstrated that the use is compatible with the surrounding
land uses. The proposed location of the Living Desert expansion is sited in such a
way to make accessible use of the park to everyone and increase the utility and
enjoyment for park visitors by upgrading the facility and providing new animal
exhibits.
It can be determined that the approval of this CUP subject to the attached
conditions, is consistent with the existing surrounding land uses and with the on -site
parking management plan with the City of Palm Desert. The type of activity
conducted at the proposed site is a community resource to the public, and the
expansion contributes to the usefulness of the zone, and provides recreational
amenities on a regional scale. The buildings and animal exhibits when constructed
will conform to all development standards contained in the zoning ordinance and the
building code.
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.
Specific conditions have been placed on the project to meet all applicable requirements
of the Zoning Ordinance. The proposed location is not expected to create detrimental
effects to the public health, safety and welfare or materially injurious to properties in the
vicinity and improvements in the City. Water, sanitation, public utilities and services are
already constructed and available throughout the surrounding area. However, as part
of the conditions of approval, the applicant shall be required to meet the existing
parking management plan which should satisfy any parking demands generated by the
new expansion and the future phases of the project.
An environmental assessment leading to a mitigated negative declaration has been
prepared that concludes that there will be no adverse environmental effects.
The proposed new buildings and animal exhibits will comply with all building, life
safety and environmental standards during construction and continued operations,
including: storm water discharge, health licensing, and fire prevention strategies. All
building and site improvements will comply with the Americans with Disabilities Act
(ADA). Therefore, the conditional use, will not be detrimental to public health, safety,
or welfare, and will enhance surrounding properties rather than detract from them.
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PLANNING COMMISSION RESOLUTION NO. 2680
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 conditional use complies with all applicable development standards for
building setbacks and height restrictions, all operational standards contained in the
zoning code, and is consistent with the intent of the Zoning Ordinance. The
organization operates a service based use that operates throughout the day during
normal business hours and throughout the night during special events. This use will
continue to provide a service to the community in a location that has not caused
disturbances to its adjacent neighbors. The proposed use does not require approval of
any variances or adjustment.
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 "Public/Quasi Public
Facilities." The Living Desert provides for a flexible mix of office, service commercial,
retail sales. A primary objective stated in the Land Use Element of the General Plan
under Public Services and Facilities Goals, Policies and Programs is Goal 1,
maintenance and logical and efficient expansion of public services and facilities
ensuring that they meet the needs of existing and future residents. The proposed
expansion to the facility provides a public service to the residents. Additionally, it can
be found that the use is compatible with the objectives and policies of the Parks and
Recreation Element of the General Plan in as much as The Living Desert use adds
to the diversity of recreational uses available to residents. The facility would fall
under the category of Regional Park and provide the broad spectrum appeal to many
users in addition to supplying a natural resource aspect, which can be considered a
passive recreational opportunity.
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 appropriate use at the proposed location. The Living Desert is
compatible with surrounding land uses, and is effectively located in a remote area and
occupies a parcel where it will not cause any disturbances to adjacent neighbors.
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 for
approval of the Planning Commission in this case.
2. That the Planning Commission does hereby approve PP/CUP 15-370, subject to
conditions.
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PLANNING COMMISSION RESOLUTION NO. 2680
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 19th day of October 2016, by the
following vote, to wit:
AYES: DE LUNA, GREGORY, KELLY, and PRADETTO
NOES: NONE
ABSENT: GREENWOOD
ABSTAIN: NONE
ATTEST:
'RYAN SVENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
JRHN REEND, CHAIR
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PLANNING COMMISSION RESOLUTION NO. 2680
CONDITIONS OF APPROVAL
CASE NO: PP/CUP 15-370
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:
Building & Safety Department
City Fire Marshal
Public Works Department
Coachella Valley Water District
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. 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.
5. The architecture for the future buildings and animal exhibits under Phases Two and
Three must be reviewed and approved by the Architectural Review Commission.
6. Final landscape plans, including the water feature shall be submitted to the City's
Community Development Department and the Coachella Valley Water District for review
and approval. The landscape plan shall conform to the preliminary landscape plans
prepared as part of this application, and shall include dense plantings of landscape
material. All plants shall be a minimum of five -gallons in size, and palm trees shall be a
minimum of 18 inches at the base.
7. All visible building exteriors shall be finished with paint and/or stucco. No visible building
elevations, or precision block, shall be left unfinished.
8. In the event that Native American cultural resources are discovered during project
development/construction, all work in the immediate vicinity of the find shall cease and a
qualified archaeologist meeting Secretary of Interior standards shall be hired to assess
the find. Work on the overall project may continue during this assessment period. If
significant Native American cultural resources are discovered that require a Treatment
Plan, the developer or his archaeologist shall contact the Morongo Band of Mission
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PLANNING COMMISSION RESOLUTION NO. 2680
Indians. If requested by the Tribe, the developer or archaeologist shall, in good faith,
consult on the discovery and its disposition (e.g. avoidance, preservation, return, or
artifacts to tribe, etc.).
9. Trash enclosures may be required to meet AB1826 mandatory organic recycling.
Burrtec Waste and Recycling Services must review and sign -off on the plans in
relations to the placement and number of trash/recycling enclosures. Review of the
plans by Burrtec will ensure that vehicle circulation of its trucks is adequate to service
the facility and to ensure that a sufficient number of enclosures are provided to meet
the needs of the facility.
10. Lighting plans shall be submitted in accordance with P.D.M.C. Section 24.16 for any
landscape, architectural, street, or other lighting types within the project area.
11. The project expansion must meet the existing parking management plan at all times.
DEPARTMENT OF PUBLIC WORKS:
12. The applicant shall 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.
13. The grading plan shall identify all proposed and existing utilities.
14. The applicant shall construct and enter into an agreement and post security, in a form and
amount acceptable to the City Engineer, guaranteeing the construction of off -site
improvements. Improvements shall include but are not limited to:
A. Restripe Portola Avenue to extend the two-way left turn lane 400 feet north of existing
driveway.
B. Construct sidewalk on Portola Avenue from the entrance of the Living Desert
extending south to join the sidewalk at Reserve Drive.
15. The applicant shall submit a PM10 application for approval. The applicant shall comply
with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust
Control.
16. The applicant shall abide by all provisions of the City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
17. The applicant shall submit a final Water Quality Management Plan (WQMP) for approval.
The WQMP shall identify the Best Management Practices (BMPs) that will be used on
the site to control predictable pollutant runoff. The wash down and cleanup procedures
for animal waste should be specifically addressed. Prior to the issuance of a grading
permit, the Operation and Maintenance Section of the approved final WQMP shall be
recorded with the County's Recorder Office and a conformed copy shall be provided to
the Public Works Department.
18. Animal waste shall be kept out of the storm drainage system.
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PLANNING COMMISSION RESOLUTION NO. 2680
19. 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.
20. Submit a PM10 application for approval. The applicant shall comply with all provisions of
Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control.
21. Changes to the approved site plan may generate additional conditions of approval for
future phases.
22. The applicant shall submit a landscape plan concurrently with the precise grading plan for
review and approval. Applicants are advised to use the City of Palm Desert Design Guide
when designing plans. Landscape plans must meet the following criteria:
A. Must be water efficient in design and meet the City of Palm Desert's Water Efficient
Landscape Ordinance.
B. Planting plans must show location of proposed and existing utilities.
C. Must match approved civil plans.
D. All specifications and details must be site specific.
E. Applicants must have CVWD approval of their irrigation plans prior to City approval.
F. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
DEPARTMENT OF BUILDING & SAFETY:
23. 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 Energy Code.
F. 2013 California Green Building Standards Code.
G. Title 24, California Code of Regulations.
H. 2013 California Fire Code and its appendices and standards.
24. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1265.
25. A disabled access overlay of the precise grading plan is required to be submitted to the
Department of Building and Safety for plan review of the site accessibility requirements
as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10.
26. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11B-206).
27. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-
705.1.2.2. The designer is also required to meet all Americans with Disability Act (ADA)
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PLANNING COMMISSION RESOLUTION NO. 2680
requirements. Where an ADA requirement is more restrictive than the State of
California, the ADA requirement shall supersede the state requirement.
28. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Department of Building and
Safety.
29. 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.
30.AII 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.
31.Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1265 regarding street address
location, dimension, stroke of line, distance from street, height from grade, height from
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. You may request a copy of Ordinance 1265 or Municipal Code Section 15.28
from the Department of Building and Safety counter staff.
DEPARTMENT OF FIRE:
32. Fire Department Plan Review. Final fire and life safety conditions will be addressed
when building plans are reviewed by the Fire Prevention Bureau. These conditions will
be based on occupancy, use, the California Building Code (CBC), California Fire Code
(CFC), and related codes which are in force at the time of building plan submittal.
33. The project may have a cumulative adverse impact on the Fire Department's ability to
provide an acceptable level of service. These impacts include an increased number of
emergency and public service calls due to the increased presence of structures, traffic,
and population. The project proponents/developers will be expected to provide for a
proportional mitigation to these impacts via capital improvements and/or impact fees.
34. Fire Department emergency vehicle apparatus access road locations and design shall
be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and
Riverside County Fire Department Standards. Plans must be submitted to the Fire
Department for review and approval prior to building permit issuance.
35. Fire Department water system(s) for fire protection shall be in accordance with the
California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire
Department Standards. Plans must be submitted to the Fire Department for review and
approval prior to building permit issuance.
36. Addressing. New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly legible and
visible from the street or road fronting the property. These numbers shall contrast with
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PLANNING COMMISSION RESOLUTION NO. 2680
their background. Commercial, multi -family residential and industrial buildings shall have
a minimum of 12-inch numbers with suite numbers being a minimum of six inches in
size. All suites shall have a minimum of six-inch high letters and/or numbers on both the
front and rear doors. Single-family residences and multi -family residential units shall
have four -inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC
Chapter 5).
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