HomeMy WebLinkAboutCC RES 2010-21RESOLUTION NO. 2010-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A NEW AQUATIC CENTER
LOCATED IN THE CIVIC CENTER PARK AT 73-510 FRED WARING
DRIVE. THE 7.8 ACRE SITE IS LOCATED IN THE PARK SOUTH OF
MAGNESIA FALLS DRIVE AND EAST OF THE BASEBALL FIELDS.
THE AQUATIC CENTER WILL FEATURE A 50-METER X 25-YARD
COMPETITION POOL, ZERO -DEPTH ENTRY RECREATION POOL,
TWO 3-METER AND TWO 1-METER DIVING BOARDS, OFFICES,
FAMILY CHANGING ROOMS, CONCESSION STAND, MULTI -USE
ROOM, SHADE STRUCTURES, TEMPORARY BLEACHERS,
SLIDES, PLAY FEATURES, LANDSCAPED AREAS, AND PARKING
WITHIN THE EXISTING DATE PALM GROVE. APPROVAL OF THE
PROJECT INCLUDES THE ADOPTION OF A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO
THE PROJECT, PURSUANT TO SECTION 15074 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th
day of March, 2010, hold a duly noticed public hearing to consider the request by the City
of Palm Desert, for approval of the above noted; 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. 06-78, the Director of Community Development has determined that the
project will not have a negative impact on the environment and a Mitigated Negative
Declaration has been prepared for adoption, 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 City Council
did find the following facts and reasons to exist to justify the approval of said request,
and in accordance with City of Palm Desert Zoning Ordinance 25.72.070, the following
findings for a new aquatic center located within the Palm Desert Civic Center Park:
1. The proposed location of the project is in accordance with the objectives
of the Zoning Ordinance and the purpose of the district in which the site is
located.
Due to the continued growth of the Coachella Valley and northern area of
Palm Desert, there is a regional need for an aquatic center to serve our
community and neighboring cities,
The proposed project is located in a P, Public Institution zone. The purpose
and intent of the Public/Institutional District is to provide for the
RESOLUTION NO. 2010 - 21
establishment of public facilities. An aquatic center serves the public and is
considered a public facility.
2. The proposed location of the project 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.
The project will be constructed and operated in compliance with all
applicable health and safety regulations and will not be detrimental to the
public interest, health, safety, welfare and will not be materially injurious to
properties or improvements in the vicinity. The proposed project will, in fact,
enhance public health and the value of properties in the area by providing
exercise and recreational facilities in the proximity of a large number of
residential units.
An environmental assessment leading to a Mitigated Negative Declaration
has been prepared that concludes that there will be no adverse
environmental effects.
3. The proposed project will comply with each of the applicable provisions of
Title 25 (Zoning).
The proposed use is consistent with the intent of the Zoning Ordinance
and will comply with the Public Institution zone. Additionally, conditions
have been added to the project to ensure that all the minimum
requirements of the Palm Desert Municipal Code are met.
4. The proposed project complies with the goals, objectives, and policies of
the City's adopted General Plan.
A primary objective stated in the Land Use Element of the General Plan
under Public Services and Facilities Goals, Policies and Programs is Policy
2 of the General Plan Land Use Element is that the City shall encourage the
timely development of public services and facilities in a manner which
assures adequate levels of service, while remaining compatible with
existing and future land uses. Program 2.A of the General Plan Land Use
Element is as a lead or responsible agency, the City shall coordinate and,
as appropriate, regulate the development of public services to the
community, while assuring compatibility with existing and future land uses.
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 because the project proposes a public facility use, which is
compatible with the existing uses within the surrounding area, and offers an
excellent service to the community.
RESOLUTION NO. 2010 - 21
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 of
the City Council in this case.
2. That the City Council does hereby approve the aquatic center, subject to
the conditions.
3. That a Mitigated Negative Declaration of Environmental Impact (Exhibit A
attached hereto), is hereby certified.
PASSED, APPROVED AND ADOPTED at a 1 meeting of the Palm Desert
City Council, held on this 24th day of March, 2010, by the following vote, to wit:
AYES: BENSON, FERGUSON, KELLY, SPIEGEL, and FINERTY
NOES: NONE
ABSENT: NONE
ABSTAIN: NoNE
ATTEST:
RACHELLE D. KLASSEN, CDT CLERK
City of Palm Desert, California
RESOLUTION NO. 2010 - 21
CONDITIONS OF APPROVAL
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. 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:
Coachella Valley Water District
City Fire Marshal
Public Works Department
Riverside County Health Department
Building and Safety 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.
3. Access to trash/service areas shall be placed so as not to conflict with parking
areas. Said placement shall be approved by applicable waste company and
Department of Community Development and shall include a recycling program.
4. The project is subject to the Art in Public Places program per Palm Desert
Municipal Code Chapter 4.10.
5. A detailed parking lot and building lighting plan shall be submitted to staff for
approval, subject to applicable lighting standards, plan to be prepared by a
qualified lighting engineer.
DEPARTMENT OF PUBLIC WORKS:
1. This project will result in soil disturbance of one (1) or more acres of land. Prior to
the issuance of precise grading permits, a Notice of Intent (NOI) shall be 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.
2. Prior to the start of construction, the applicant shall submit satisfactory evidence to
the City Engineer of intended compliance with the National Pollutant Discharge
Elimination System (NPDES) General Construction Permit for storm water
RESOLUTION NO. 2010 - 21
discharges associated with construction. The developer must contact the Riverside
County Flood Control District for information materials.
3. Prior to the issuance of precise grading permits, a Water Quality Management
Plan (WQMP) shall be approved by the Department of Public Works. The WQMP
shall identify the Best Management Practices (BMPs) that will be used on the site
to control predictable pollutant runoff.
4. Prior to the issuance of precise grading permits, a PM10 application shall be
approved per the Palm Desert Municipal Code Section 24.12 regarding Fugitive
Dust Control.
5. Prior to the issuance of precise grading permits, a landscape plan shall be
submitted for review and approval concurrently with the grading plan. 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 utilities.
c. Must meet the Parking Lot Shade Tree Ordinance.
d. Must match approved civil plans.
e. All specs and details must be site specific.
6. Irrigation plans shall be approved by CVWD prior to City approval.
BUILDING DEPARTMENTS CONDITIONS:
1. Project must conform to the current State of California Codes adopted at the
time of plan check submittal. The following are the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency
Standards)
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
2. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1173.
3. A disabled access overlay of the precise grading plan is required to be submitted
to the Dept of Building and Safety for plan review of the site accessibility
requirements as per 2007 CBC Chapters 11 B and Chapter 10.
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4. All exits must provide an accessible path of travel to the public way. (CBC
1024.6 & 1127B.1)
5. Detectable warnings shall be provided where required per CBC 1133118 and
1127B.5 (7). The designer is also required to meet all ADA requirements. Where
an ADA requirement is more restrictive than the State of California, the ADA
requirement shall supercede the State requirement.
6. Provide an accessible path of travel to the trash enclosure. The trash enclosure
is required to be accessible. Please obtain a detail from the Dept of Building and
Safety.
7. Public pools, spas and sanitary facilities must be first approved by the Riverside
County Dept of Environmental Health and then submitted to Dept of Building and
Safety. Pools, Spas and Sanitary Facilities for public use are required to be
accessible per ADA and the California Building Code.
8. AU contractors and subcontractors shall have a current City of Palm Desert
Business License prior to permit issuance per Palm desert Municipal Code, Title
5.
9. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
10. Address numerals shall comply with Palm Desert Ordinance No. 1173 (Palm
Desert Municipal Code 15.15. Compliance with Ordinance 1173 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 1173 or Municipal Code Section 15.15 from the Department of
Building and Safety counter staff.
RESOLUTION NO. 2010 - 21
EXHIBIT "A"
MITIGATED NEGATIVE DECLARATION
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
APPLICANT/PROJECT SPONSOR:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
PROJECT DESCRIPTION/LOCATION:
Mitigated Negative Declaration of Environmental Impact, to allow construction of a new
aquatic center located in the Civic Center Park at 73-510 Fred Waring Drive. The 7.8
acre site is located in the park south of Magnesia Falls Drive and east of the baseball
fields. The aquatic center will feature a 50-meter x 25-yard competition pool, zero -depth
entry recreation pool, two 3-meter and two 1-meter diving boards, a bathhouse, offices,
family changing rooms, concession stand, multi -use room, shade structures, bleachers,
slides, play features, landscaped areas, and parking within the existing date palm
grove.
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 supporting the findings is located within the
Department of Community Development.
March 24, 2010
LAURI AYLAIAN D
DIRECTOR OF COMMUNITY DEVELOPMENT