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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 1 st 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 Sl. 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 S1 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 SI 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. 2 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 Sl 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. 3 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 4 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. 5 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. Nancy0e�—a(Jan].3.20).321 Cif 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 6 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. 7 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. 8 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. 9 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. 10 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 11 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. 12 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. 13 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 '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 6© Signer nancyjdeluna@gmail.com entered name at signing as Nancy DeLuna 2023-01-19-5:31:44 AM GMT b� Document e-signed by Nancy DeLuna (nancyjdeluna@gmail.com) Signature Date:2023-01-19-5:31:46 AM GMT-Time Source:server Q Agreement completed. 2023-01-19-5:31:46 AM GMT Adobe Acrobat Sign