HomeMy WebLinkAboutRes No 2827 PLANNING COMMISSION RESOLUTION NO. 2827
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION
PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA), AND APPROVING AN AMENDMENT TO A PRECISE PLAN,
CONDITIONAL USE PERMIT, AND AN ENVIRONMENTAL ASSESSMENT
TO EXPAND AN EXISTING CARMAX OUTDOOR AUTOMOTIVE SALES
FACILITY BY CONSTRUCTING A BUILDING ADDITION TO AN EXISTING
SALES BUILDING, NEW PRIVATE CARWASH TUNNEL. EXPANSION OF
AN EXISTING CUSTOMER PARKING LOT, AND CONSTRUCTION OF A
NEW SALES STAGING AREA AT 73450 DINAH SHORE DRIVE
CASE NOS. PP/CUP 17-059 AMENDMENT NO.1/EA 22-0007
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15t day of August 2017, adopt Resolution No. 2703, approving the original development
of the CarMax outdoor automotive sales facility (PP/CUP 17-059) located at 73450 Dinah
Shore Drive (Project site); and
WHEREAS, Michael Baker International ("Applicant"), submitted applications for a
Precise Plan (PP), Conditional Use Permit (CUP) amendment, and an Environmental
Assessment (EA) for the expansion of an existing CarMax outdoor automotive sales facility,
including expansion of an existing sales/auto service building, construction of a new private
carwash building for service of on-site vehicles, expansion to the existing parking lot for
customers and employees, and construction of a new sales staging area on a 2.17-acre
portion of the site at 73450 Dinah Shore Drive ("Project"); and
WHEREAS. the Project site is designated as Employment District (ED) by the Land
Use Element of the Palm Desert General Plan adopted on November 10, 2016, and the
Project is consistent with the development intensity and use characteristics considered by the
Palm Desert General Plan for the ED land use designation, and
WHEREAS, the Project site has a zoning designation of Service Industrial (SI allowing
"Automotive Sales Outdoor" as an allowed land use, subject to the approval of a CUP; and
WHEREAS, the Project conforms to the development standards in the City's Zoning
Ordinance for the SI zoning district and other applicable requirements; and
WHEREAS, the Architectural Review Commission (ARC) of the City of Palm Desert,
California, did on the 13th day of December 2022, approve a design review for the Project,
subject to conditions; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the
State 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 Project has complied with the requirements of the"City of Palm Desert
Procedure for Implementation of CEQA' Resolution No. 2019-41, determining that the project
PLANNING COMMISSION RESOLUTION NO. 2827
is categorically exempt under Section 15332 In-fill Development (Class 32) of the CEQA
Guidelines; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of January 2023, hold a duly noticed public hearing to consider the request by
the Applicant for approval of the above-noted Project request, subject to conditions; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; 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:
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. Under PDMC Section 25.72.050(F),
the findings for the tentative map are the following:
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 project is located within a property designated SI. The purpose and character of
the SI zone is to allow for the manufacturing, distribution, research and development,
and service of products intended for use within Palm Desert and surrounding
communities. The SI zone permits "Automotive Sales (Outdoor)" subject to the
approval of a CUP. In August 2017, the Palm Desert Planning Commission adopted
Resolution No. 2703, approving the original development of the CarMax outdoor
automotive sales facility. The proposal will expand this existing use by providing
additional sales building areas, outdoor vehicle storage areas, a carwash tunnel to
service vehicle inventory, and parking to support the use. The use is allowed by the
zoning ordinance and is consistent with the intent and purpose of the S1 zone.
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 site is physically suitable for the proposed outdoor automotive sales facility
expansion. The site has suitable access, grading, drainage, and zoning to allow the
proposed development. The Project is not located within a hazardous area that would
be subject to flooding, liquefaction, landslide, fault zones, or other natural hazards.
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PLANNING COMMISSION RESOLUTION NO. 2827
The project does not generate adverse effects that would cause public health
problems. Ground-disturbing activities are conditioned to prepare plans to control
fugitive dust. The project includes a traffic analysis, and it is anticipated the project will
not generate traffic demand or congestion in the area. The proposed project includes
hard surface pedestrian pathways and connections from the public right-of-way to
ensure walkability throughout. All engineering documents, including the preliminary
grading plan and Water Quality Management Plan (WQMP), are under review to
ensure the design of the project incorporates the proper improvements, including
adequately sized retention basins for onsite drainage. In addition, the overall building
design ensures the protection of public health, safety, and general welfare. The use
will not create a public nuisance in terms of parking shortages, or traffic congestion as
a result of excess trip generation and will meet all applicable requirements of the
building code. Therefore, the project will not be detrimental to public health, safety, or
welfare or be materially injurious to properties or improvements in the project vicinity.
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 complies with all setbacks (front, rear, and side yards),
Floor Area Ratio (FAR), landscape coverage, and parking requirements of the SI zone.
The request does not include any variances or adjustments.
4. That the proposed conditional use complies with the goals, objectives, and policies of
the City's General Plan.
The site is physically suitable for the proposed density of development. The allowable
density for the site has been evaluated by the General Plan. The Applicant has
prepared the appropriate technical studies to assess that the site is physically suitable
to develop. The project is compatible with the existing development pattern within the
surrounding area and with the zoning designations for the surrounding vacant sites.
The property is designated Employment District by the General Plan.
Land Use Policy 2.9— Preserves continuous sidewalk areas along high-volume traffic
corridors, minimizing vehicle intrusions across sidewalks, and screens parking areas
by installing landscaping and a continuous block wall for the vehicle sales storage
area.
Land Use Policy 2.10 — Auto-oriented uses. This policy recommends allowing
automobile-oriented business in places that are clearly automobile-oriented, ensuring
that such uses do not disrupt the pedestrian flow, are not concentrated, do not break
up the building mass of the streetscape, and are compatible with the planned uses of
the area. The Project is located near the Monterey Avenue/Interstation-10 freeway
interchange, which is clearly automobile-oriented and will be compatible with the
surrounding land uses, which include commercial and light industrial buildings.
Land Use Policy 3.16 — The Project and building provides an appropriate transition
between Employment land use areas and Regional Retail Land Use Designation.
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PLANNING COMMISSION RESOLUTION NO. 2827
Land Use Policy 9.3— Diverse tax base. This policy recommends the development is
guided to maintain a fiscally sound city with a sustainable tax base. The Project
provides an expansion to the existing auto sales facility, which will serve as a point of
sale for the collection of sales tax for the City.
SECTION 3. CEQA. The application has complied with the requirements of the "City
of Palm Desert Procedure for Implementation of CEQA" Resolution No. 2019-41, in that the
Planning Commission finds that the Project is exempt from CEQA per Section 15332 of the
CEQA guidelines as the Project is a Class 32 Exemption for Infill" development. Class 32 is
intended for projects characterized as infill developments satisfies the conditions described
below:
1) The Project is consistent with the applicable General Plan designation and all
applicable General Plan policies. As analyzed, the Project includes an additional
2,351-square-foot addition to a retail sales building, a 923-square-foot carwash
building, and an expansion of parking areas. The proposed Project complies with the
development standards within the SI zoning designation.
2) The Project occurs on a 2.17-acre portion of the project site, which is less than five (5)
acres specified in the criteria of the Class 32 exemption and is substantially
surrounded by urban uses.
3) The site has no value as a habitat for endangered, rare, or threatened species. The
site has been previously graded and is occupied by existing portable building
structures and a greenhouse. The site is not identified as a suitable habitat for
endangered species in the Coachella Valley Multi-Species Habitat Conservation Plan
(MSHCP).
4) Additionally, approval of the Project would not result in any significant effects relating
to traffic, noise, air quality, or water quality. The proposed use will not result in
significant noise that will violate the City's Noise Ordinance. In addition, the City
Engineer has reviewed the proposed use and the existing infrastructure, including the
off-site improvements, and staff finds the use will not have a significant effect on traffic.
The Applicant has provided a Traffic Impact Assessment Letter identifying that the
project expansion will generate up to two (2) trips produced at a.m. peak hours and
16 trips produced at p.m. peak hours, increasing the project total to 96 per day. No
intersections within the area of the Project site will be impacted by the additional trips.
This Project will not adversely impact the surrounding traffic system per the County of
Riverside Analysis Guidelines for Level of Service and Vehicle Miles Traveled adopted
in December 2020 (TIA Guidelines), which are adopted by reference by the City of
Palm Desert for the purpose of traffic review. The TIA guidelines indicate that projects
that generate less than 100 peak-hour trips typically do not affect the level of service
(LOS). Additionally, the TIA guidelines indicate that the mini-storage yards (personal
storage) are an activity that will not require a TIA. In addition, a preliminary grading
plan and hydrology report have been submitted for review, and final approval will
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PLANNING COMMISSION RESOLUTION NO. 2827
commence as part of the conditions of approval herein. No other significant noise or
air quality effects were identified for the project.
5) Finally, the site can be adequately served by all required utilities and public services.
The proposed Project has been reviewed by various utility agencies and public
services, including Southern California Edison, the Coachella Valley Water District,
and Burrtec Waste Management. These agencies have not identified that utilities in
the area are insufficient to serve the proposed office building and parking area.
Additionally, the Project is not subject to any of the exceptions for categorical exemptions
identified in CEQA Guidelines Section 15300.2:
1) The Project qualifies as a Class 32 exemption, which is not listed as one of the classes
under 15300.2 (A). The Project is not located on a site where it may have an adverse
impact on an environmental resource of hazardous or critical concern where
designated, precisely mapped, and officially adopted pursuant to law by federal, state,
or local agencies. The Project site will not impact designated environmental or
biological resources as it is not located within a conservation area as identified by the
(MSHCP).
2) The Project will not have a cumulative impact on the environment. The proposal does
not conflict with additional impacts in terms of traffic generation. The proposal will
expand existing parking areas and construct new admin and storage buildings that
replace existing portable buildings used for the same functions. As indicated by the
traffic impact assessment prepared for the project, no significant traffic impacts are
anticipated.
3) There are no unusual circumstances on the Project site. The Project site is not located
within a flood zone per the latest FEMA Flood Zone Maps. The Project site is located
within an urban area per Fire Hazard Severity Zone maps available from the Riverside
County Fire Department and depicted in Figure 8.5 on Page 119 of the General Plan.
The project site is not identified within an Alquist-Priolo Fault Zone per the latest maps
on file with the California Department of Conservation; the nearest fault zone is the
San Andreas Fault located north of the Palm Desert City Limits.
4) The Project site is not located in proximity to any scenic highway. The nearest officially
designated scenic highway is Highway 74, located outside of the Palm Desert City
Limits approximately 5.6 miles to the south of the Project site.
5) The Project site is identified as a historic waste site on any list compiled per Section
65962.5 of the Government Code.
6) The Project site does not contain any existing designated historic resource and is not
within a designated historic preservation district. The site was previously developed
as an auto sales facility in 2018 and contains no historical value.
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PLANNING COMMISSION RESOLUTION NO. 2827
SECTION 4. Project Approval. The Planning Commission approves PP/CUP17-059
Amendment No. 1 and EA22-0007; and
SECTION 5. Approval. The Planning Commission approves and adopts the Project,
subject to the Conditions of Approval attached hereto as Exhibit "A."
ADOPTED ON January 17, 2023.
Na�r�� �Lu1?a
Nand De-una(Jan 1.3,2023 21:31 PST;
NANCY DE LUNA
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE,AICP
SECRETARY
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that
Resolution No. 2827 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 January 17, 2023, by the
following vote:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on January , 2023.
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2827
EXHIBIT "A'
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP17-059 AMENDMENT NO. 1/EA22-0007
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 building permit issuance and may require review and approval by the
ARC, Planning Commission, and/or City Council.
2. The Applicant agrees that in the event of any administrative, legal, or equitable action
instituted by a third party challenging the validity of any of the procedures leading to the
adoption of these Project Approvals for the Project, or the Project Approvals themselves,
the Developer and City each shall have the right, in their sole discretion, to elect whether
or not to defend such action. The Developer, at its sole expense, shall defend, indemnify,
and hold harmless the City (including its agents, officers, and employees) from any such
action, claim, or proceeding with counsel chosen by the City, subject to the Developer's
approval of counsel, which shall not be unreasonably denied, and at the Developer's sole
expense. If the City is aware of such an action or proceeding, it shall promptly notify the
Developer and cooperate in the defense. The Developer, upon such notification, shall
deposit with City sufficient funds in the judgment of the City Finance Director to cover the
expense of defending such action without any offset or claim against said deposit to
assure that the City expends no City funds. If both Parties elect to defend, the Parties
hereby agree to affirmatively cooperate in defending said action and to execute a joint
defense and confidentiality agreement in order to share and protect the information under
the joint defense privilege recognized under applicable law. As part of the cooperation in
defending an action, City and Developer shall coordinate their defense in order to make
the most efficient use of legal counsel and to share and protect information. Developer
and City shall each have sole discretion to terminate its defense at any time. The City
shall not settle any third-party litigation of Project approvals without the Developer's
consent, which consent shall not be unreasonably withheld, conditioned, or delayed
unless the Developer materially breaches this indemnification requirement.
3. 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.
4. 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.
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PLANNING COMMISSION RESOLUTION NO. 2827
5. The PP and Conditional Use Permit Approval is for the expansion of an existing outdoor
automotive sales facility, including expansion of an existing sales/auto service building,
construction of a new private carwash building for service of onsite vehicles, expansion
to the existing parking lot for customers and employees, and construction of a new sales
staging area and related landscape, constructed in a single-phase.
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. 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.
8. The Applicant shall execute a written acknowledgment to the Planning Division stating
acceptance of and compliance with all the Conditions of Approval of Resolution No. 2827
for PP/CUP17-059 Amendment No. 1/EA22-0007 and that the plans submitted are in
compliance with the Conditions of Approval. No modifications shall be made to said plans
without written approval from the appropriate decision-making body.
9. All conditions of Planning Commission Resolution No. 2703 shall remain in effect except
as modified herein.
10. Prior to the issuance of a building permit for construction of any use or structure
contemplated by this approval, the Applicant shall first obtain permits and or clearance
from the following agencies:
Coachella Valley Water District (CVWD)
Public Works Department
Fire Department
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.
11. This Project is subject to payment of the City's Public Art fee. The fee will be applied prior
to a building permit issuance and shall remain in the City's public art fund.
12. 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 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.
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PLANNING COMMISSION RESOLUTION NO. 2827
13. Final lighting plans shall be submitted per PDMC Section 24.16 for any landscape,
architectural, street, or other lighting types within the Project area.
14. 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.
15. 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.
16. 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. Furthermore, the
plans shall identify responsibility for the continued maintenance.
17. Prior to the issuance of the Certificate of Occupancy, the Project shall record a landscape
maintenance agreement for all landscaping located within the public right-of-way.
18. Prior to the issuance of the Certificate of Occupancy, the Project landscape architect shall
submit written verification to the Planning Division that the landscaping and irrigation
have been installed per the approved landscape plan.
19. All exterior 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.
20. 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.
21. All roof access ladders shall be located on the inside of the building and shall be fully
screened by rooftop parapets.
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PLANNING COMMISSION RESOLUTION NO. 2827
22. 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 masonry walls.
23. Exterior building elevations showing building wall materials, roof types, exterior colors,
and appropriate vertical dimensions shall be included in the development construction
drawings.
24. All parking spaces shall be clearly marked with white or yellow paint or other easily
distinguished material. Except as required by the state and the Americans with Disability
Act (ADA) requirements, all markings shall be a minimum four-inch (4") wide double
("hairpin" style) stripe designed to provide 18 inches measured outside to outside under
City Council Resolution No. 01-5.
25. The Applicant shall provide a minimum of 55 additional on-site parking spaces for
customers and employees.
26. The Applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
27. 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.
28. Exterior signage shall comply with Chapter 25.56 of the PDMC at all times.
29. 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 (tan split-face masonry block, pilasters spaced no less than 30'-0"
apart on the perimeter of the sales lot area, and 2" cap) on the approved conceptual site
plan dated November 17, 2022.
30. The outdoor vehicle sales staging area shall be enclosed on four (4) sides by a minimum
six-foot-high (6') masonry block wall and paved. The wall, paving, and landscaped
perimeter of the sales staging area shall be constructed prior to the storage of vehicles.
A. Use of the outdoor vehicles sales area shall be limited to vehicle storage.
B. Storage of equipment related to vehicle servicing shall not exceed the height of the
perimeter wall. Temporary storage which exceeds the height of the perimeter wall
shall be subject to the approval of a Temporary Use Permit (TUP) by the Director
of Development Services.
C. Additional outdoor storage may be approved by the Director of Development
Services subject to screening, landscaping, lighting, and parking requirements.
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PLANNING COMMISSION RESOLUTION NO. 2827
31. 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.
32. Site fences and walls shall be maintained at all times. Graffiti shall be removed by the
applicant upon discovery.
33. The approved hours of operation for the facility shall be:
A. Showroom: Monday-Friday 10:00 a.m. to 9:00 p.m., and Sunday 12:00 p.m. to
7:00 p.m.
B. Service: Monday-Friday: 7:30 a.m. to 6:00 p.m.
34. All exterior lighting shall be on an automated timer and be dimmed after operational hours
to reflect the approved Non-Operational Hours Photometric Site Plan dated October 17,
2022.
35. Sufficient space shall be provided on-site for service drop-offs to prevent stacking of
vehicles onto a public street at all times.
36. The carwash shall be used for washing inventory vehicles only. Use by the public shall
be prohibited at all times.
37. The Applicant shall construct the pedestrian circulation network as shown on the
approved preliminary site plan and provide pedestrian access points adjacent to all
vehicular driveways as shown on the approved preliminary site plan.
38. The Applicant shall provide payment for filing fees for the Notice of Exemption within five
(5) days of project approval.
39. Prior to permit issuance, the final construction drawings for the auto sales facility,
landscaping, and carwash shall return to the Architecture Review Commission to verify
the final drawings substantially conform to the preliminary plan set.
40. The Applicant shall comply with the recommendations made by the City's Architectural
Review Commission (ARC), as referenced in the December 13, 2022, Notice of Action.
LAND DEVELOPMENT DIVISION/PUBLIC WORKS DEPARTMENT:
41. The following plans, studies, and exhibits are hereby referenced: CarMax Auto
Superstore No. 6113 Site Plan, prepared by Michael Baker International and dated
November 10, 2022.
42. It is assumed that easements shown on the conceptual grading exhibit are shown
correctly and includes 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
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PLANNING COMMISSION RESOLUTION NO. 2827
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.
43. It is understood that the conceptual exhibits correctly show acceptable centerline
elevations, all existing easements, traveled ways, and drainage courses with appropriate
Q's and that the omission or unacceptability may require that the Applicant amend or
revise the site plan as may be.
44. The Applicant shall pay all appropriate signalization fees prior to the issuance of the first
building permit for the development in accordance with the City's Resolution No. 79-17
and 79-55.
45. Prior to map approval, the Applicant shall pay all, appropriate drainage fees in
accordance with the City's Municipal Code Section 26.49 and Palm Desert Ordinance
No. 653.
46. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20
Stormwater Management and Discharge Ordinance.
47. All utility extensions within the site shall be placed underground unless otherwise
specified or allowed by the respective utility purveyor.
48. 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, PDMC Title 27
Grading, and all other relevant laws, rules, and regulations governing grading in the City
of Palm Desert.
49. The grading plan shall provide for acceptance and proper disposal of all off-site drainage
flowing onto or 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.
50. Pad elevations, as shown on the conceptual exhibit, are subject to review and
modification per Chapter 27 of the PDMC.
51. Prior to approval of the grading plan, the Applicant shall prepare a detailed final flood
hazard/hydrology and hydraulics report for approval of the City Engineer.
52. 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
Drainage Element of the Palm Desert General Plan, and all other relevant laws, rules,
and regulations governing grading in the City of Palm Desert.
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PLANNING COMMISSION RESOLUTION NO. 2827
53. 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.
54. Where grading involves import or export, the Applicant shall obtain permits, from the
Public Works Department, including import/export quantities and hauling route.
55. 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 to perform the
grading shown on the grading plan exhibit. Proof shall be provided to the Land
Development Division prior to the issuance of a grading permit.
56. It is assumed that the grading and the provisions for water quality management shown
on the conceptual grading exhibit can comply with all requirements for a Final Water
Quality Management Plan (F-WQMP) without substantial change from that shown. Prior
to approval of the grading plan, the landowner shall prepare, or cause to be prepared, a
Final WQMP in conformance with the requirements of the Riverside County Flood
Control and Water Conservation District (RCFC&WCD) Whitewater River Watershed
area for approval of the City Engineer.
57. This Project is part of a special assessment district known as Section 29, runoff from the
site is anticipated to discharge into the City's Section 29 water quality basin.
58. All post-construction BMPs shall be designed based on the City of Palm Desert's
maximum infiltration criteria of one (1) inch/hour.
59. Prior to the issuance of a grading permit, the Applicant shall submit a signed and
notarized WQMP Operations and Maintenance Agreement to the City. The agreement
shall provide for the maintenance and operation of trash disposal areas and water-quality
BMP facilities by the property owner.
60. Prior to the issuance of a grading permit and in compliance with the City of Palm Desert
Municipal Code Chapter 27.24, the Applicant shall enter into an agreement and post
financial security guarantee for all grading work related to this Project.
61. Prior to the issuance of a grading permit for each PP, the Applicant shall submit for review
and approval of the City Engineer a final Geotechnical Report that includes project-
specific recommendations.
62. 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.
63. Upon completion of grading of each PP, the Project's Geotechnical Engineer shall certify
to the completion of grading in conformance with the approved grading plans and the
recommendations of the geotechnical report approved for this Project. A licensed land
surveyor shall certify to the completion of grading in conformance with the lines and
grades shown on the approved grading plans.
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PLANNING COMMISSION RESOLUTION NO. 2827
64. Prior to a grading permit, the Applicant shall submit improvement plans for all public
improvements. Non-standard encroachments into the proposed public right-of-way will
not be permitted unless clearly identified on these Conditions of Approval.
65. Prior to a building permit, the Applicant shall submit for review and approval of the City
Engineer a parcel map waiver application to merge lots within the boundary of the project,
APNs 694-060-034 and 694-060-036.
66. Prior to the Certificate of Occupancy, the Applicant is responsible for the construction
and installation of improvements on Dinah Shore Drive, as approved by the City Engineer
and in compliance with the City's General Plan and standard specifications.
Improvements generally include, but are not limited to:
A. landscape and irrigation improvements along the site boundary and transitioning
to existing improvements to the east and west of the site.
B. A Class II bicycle lane in accordance with Coachella Valley Association of
Governments Active Transportation Planning (CVAG ATP) Design Guidelines
Section 5.3.
C. The Applicant shall show, as reference only, all existing and proposed utility
connections. Utility plans shall be processed and approved by CVWD.
67. Prior to the issuance of an encroachment permit for public improvements, the Applicant
shall enter into an agreement and post financial security guarantee for the construction
of all off-site/public improvements in accordance with Chapter 27.24 of the PDMC. The
form and amount of the financial security shall be reviewed and approved by the City
Engineer. The Applicant shall guarantee all improvements for a period of one year from
the date of final acceptance and the improvement guarantee shall be backed by a bond
or cash deposit in the amount of ten percent of the surety posted for the improvements.
68. Prior to a building final inspection, the Applicant is responsible for the completion of
construction of all grading and improvements for which plans are required.
69. Prior to the final building permit inspection or Certificate of Occupancy, the Applicant is
responsible for the completion of all public improvements.
BUILDING AND SAFETY DIVISION:
70. 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.
14
PLANNING COMMISSION RESOLUTION NO. 2827
I. California Fire Code and its appendices and standards.
71. This project will fall under the review and compliance of Chapters 11-A and Chapter 11-
B of the 2019 California Building Code.
72. The Applicant shall coordinate directly with:
Riverside County Fire Marshal's Office
CAL FIRE/Riverside County Fire Department
Main: (760) 863-8886
77933 Las Montanas Road, Suite 201
Palm Desert, CA 92211
73. Plan approval must be obtained from the County of Riverside Department of
Environmental Health (Health Department) before constructing or altering structures or
equipment (such as fencing and decking). The Applicant shall coordinate directly with the
Health Department for the application, plans, and specifications.
74. 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.
75. All contractors and subcontractors shall have a current City of Palm Desert Business
License before permit issuance per PDMC, Title 5.
76. 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.
77. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC Section
15.28). Compliance with Ordinance 1351 regarding street address location, dimension, a
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.
FIRE DEPARTMENT:
78. Construction Permits: Building construction plans shall be submitted to the Office of the
Fire Marshal for review and approval. Additional fire and life safety conditions may be
determined during this review.
79. The proposed 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
15
PLANNING COMMISSION RESOLUTION NO. 2827
structures, traffic, and population. The Project proponents/developers will be expected to
provide for a proportional mitigation of these impacts via capital improvements and/or
impact fees.
80. Fire Department emergency vehicle apparatus access road locations and design shall
be in accordance with the California Fire Code and Riverside County Fire Department
Standards. Plans must be submitted to the Fire Marshal's office for review and approval
prior to building permit issuance.
81. Fire Department water system(s) for fire protection shall be in accordance with the
California Fire Code and Riverside County Fire Department Standards. Plans must be
submitted to the Fire Department for review and approval prior to building permit
issuance.
82. Construction shall remain accessible and exposed for inspection purposes until approved
by the Fire Department. The approval of plans and specifications does not permit the
violation, deletion, omission, or faulty installation of any requirements of the California
Code of Regulations, Title 19, Title 24, and locally adopted ordinances.
END OF CONDITIONS OF APPROVAL
16
Res. No. 2827 PP CUP 17-059 Amendment No.
1 CarMax - Signature Page
Final Audit Report 2023-01-19
Created: 2023-01-18
By: Monica O'Reilly(moreilly@cityofpalmdesert.org)
Status: Signed
Transaction ID: CBJCHBCAABAAoDAHjZ34wW5ydYHF5eo2g3el3rfGr8Yw
"Res. No. 2827 PP CUP 17-059 Amendment No. 1 CarMax - Sig
nature Page" History
Document created by Monica O'Reilly(moreilly@cityofpalmdesert.org)
2023-01-18-10:17:25 PM GMT
C'y Document emailed to nancyjdeluna@gmail.com for signature
2023-01-18-10:18:14 PM GMT
Email viewed by nancyjdeluna@gmail.com
2023-01-18-10:43:38 PM GMT
Signer nancyjdeluna@gmail.com entered name at signing as Nancy DeLuna
2023-01-19-5:31:44 AM GMT
Document e-signed by Nancy DeLuna (nancyjdeluna@gmail.com)
Signature Date:2023-01-19-5:31:46 AM GMT-Time Source:server
Agreement completed.
2023-01-19-5:31:46 AM GMT
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