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HomeMy WebLinkAboutRes No. 2898 Home2SuitesPLANNING COMMISSION RESOLUTION NO. 2898 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND TENTATIVE PARCEL MAP 39279 FOR A NEW FOUR STORY, 107 ROOM HOTEL LOCATEDON TECHNOLOGY DRIVE, JUST NORTH OF GERALD FORD DRIVE CASE NO. PP24-0004/TPM 39279 WHEREAS, Prest Vuksic Greenwood Architects (“Applicant”), submitted a Precise Plan (PP) application to construct a new, four-story, 107 room “Home2Suites” hotel located on Technology Drive, just north of Gerald Ford Drive (APN 694-190-093) within the Millenium Palm Desert Specific Plan (“Project”); and WHEREAS, Prest Vuksic Greenwood Architects (“Applicant”), submitted a Tentative Parcel Map application to subdivide an existing 11.98-acre parcel (APN 694- 190-093) to create two parcels measuring 2.15-acres for the hotel and 9.72-acres for future development within the Millenium Palm Desert Specific Plan; and WHEREAS, the City Council of the City of Palm Desert adopted Ordinance No. 1281 and 1282 and Resolution Numbers 2015-14 and 2015-15 to approve DA/SP/GPA/CZ/EA 14-332, TPM 36792, and TTM 36793 for the development of the Millenium Palm Desert Specific Plan project. This project consists of 152 acres north of Gerald Ford Drive, south of the Pacific Union Railroad, east of Portola Avenue, and West of Tchnology Drive for a multi-use development spread across nine planning areas; and WHEREAS, the Project site is currently within the Millenium Palm Desert Specific Plan, PC-2 zoning district, and is designated Neighborhood Center by the Palm Desert General Plan; and WHEREAS, the proposed Project conforms to the General Plan land use designation of Neighborhood Center and development standards listed in the subject Specific Plan; 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 "2024 Local Guidelines for Implementing the California Environmental Quality Act for the City Palm Desert” Resolution No. 2024-035, the project is consistent with the previously adopted Mitigated Negative Declaration for the Millenium Palm Desert Specific Plan, approved by the City Council on March 26, 2025 via Ordinance No. 1281; and          PLANNING COMMISSION RESOLUTION NO. 2898 2 WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did on the 13th day of May 2025, provide Design Review approval of said project, subject to conditions of approval which have been included in this Resolution; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of August 2025, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 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 Precise Plan. Under PDMC Section 25.72.030(E), the findings for the PP are the following: 1. In the approval of this precise plan, consideration is being given and restrictions are being imposed to the extent necessary, in view of the size and shape of the parcel and the present and proposed zoning and use of the subject property and the surrounding property, to permit the same degree of enjoyment of the subject property, but subject to the same degree of protection of adjoining properties, as would be accorded in normal circumstances by the standard restrictions imposed by Chapter 25.72.030. The project, as conditioned, meets all of the requirements of the underlying zone and subject Specific Plan and provides this project the same allowances that its surrounding properties would be governed by. The proposed hotel complies with the original development standards adopted per the MPDSP, as outlined in Table 2 above. The proposed development conforms with legally adopted development standards set forth by Planning Area 6 of the Millennium Palm Desert Specific Plan, with the exception of the deviation from the parking standard. 2. The proposed precise plan of design will not substantially depreciate property values in the vicinity or unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would endanger the public peace, health, safety, or general welfare, such plan shall be          PLANNING COMMISSION RESOLUTION NO. 2898 3 rejected or shall be so modified or conditioned before adoption as to remove said objections. The proposed 4-story hotel is compatible with existing developments surrounding the project site. The project site has one (1) existing hotel to the north, two (2) hotels to the east, and one (1) additional hotel that has been entitled to the north. The proposed hotel project will utilize egress and ingress from Technology Drive. Under the MPDSP, a traffic study was prepared and identified Technology Drive as a “Collector Street” with an ultimate width of a 72-foot Right of way (ROW) which is an acceptable level of service. The site plan proposes shared access to the property to the north, including shared parking and vehicular and pedestrian acces 3. On March 13, 2025, the City’s Architectural Review Commission approved Design Review 24-0004. SECTION 2. Findings on Tentative Parcel Map. Pursuant to PDMC Section 26.20.100(B), the commission finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. SECTION 4. CEQA. The application has complied with the requirements of the “2024 Local Guidelines for Implementing the California Environmental Quality Act for the City Palm Desert” Resolution No. 2024-035, in that the Planning Commission finds that the Project is is consistent with the previously adopted Mitigated Negative Declaration for the Millenium Palm Desert Specific Plan, approved by the City Council on March 26, 2025 via Ordinance No. 1281 SECTION 5. Project Approval. The Planning Commission hereby recommends approval of PP24-0004 and TPM 39279. SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Rosie Lua, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. SECTION 7. Execution of Resolution. The Chairperson of the Planning Commission signs this Resolution, and the Secretary to the Commission shall attest and certify to the passage and adoption thereof. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby approve Case No. TPM 39279, pursuant to the conditions of approval in Exhibit A.          PLANNING COMMISSION RESOLUTION NO. 2898 4 3. That the Planning Commission does hereby approve Case No. PP24-0004 pursuant to the conditions of approval in Exhibit B. ADOPTED ON August 5, 2025. LINDSAY HOLT CHAIRPERSON ATTEST: ROSIE LUA SECRETARY I, Rosie Lua, Secretary of the City of Palm Desert Planning Commission, hereby certify that Resolution No. 2898 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 August 5, 2025, by the following vote: AYES: HOLT, MEYERHOFF NOES: NICKERSON ABSENT: COLLUM ABSTAIN: NONE RECUSED: GREENWOOD IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on December _3_, 2025. ROSIE LUA SECRETARY          PLANNING COMMISSION RESOLUTION NO. 2898 5 EXHIBIT A TPM 39279 Conditions of approval PLANNING DIVISION: 1. 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. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the Palm Desert Municipal Code (PDMC), and state and federal statutes now in force, or which hereafter may be in force. 3. The applicant shall record Tentative Parcel Map 39279 within two (2) years of project approval, unless a time extension is granted pursuant to PDMC Chapter 26.20. 4. The Applicant shall comply with Council Ordinance No. 1281 and 1282 and Resolution Numbers 2015-14 and 2015-15, approved for the Millenium Palm Desert Specific Plan (Case Numbers: DA/SP/GPA/CZ/EA 14-332), including all conditions of approval listed and the Specific Plan and Development Agreement documents. 5. The Applicant shall comply with the adopted Mitigated Negative Declaration for the Millenium Palm Desert Specific Plan, approved by the City Council on March 26,          PLANNING COMMISSION RESOLUTION NO. 2898 6 2025 via Ordinance No. 1281. This includes the identified mitigation measures found within the Mitigated Negative Declaration. 6. Any proposed changes to this Tentative Parcel Map will require adherence with the requirements and procedures established in PDMC Chapter 26.20. 7. 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. 2898 for TPM 39279 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. 8. 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. 9. The applicant shall pay all applicable fees in effect at the time of Final Map approval. 10. The Applicant shall comply will all applicable local, state, and federal laws and regulations. LAND DEVELOPMENT DIVISION 11. The following plans are hereby referenced: Tentative Parcel Map No. 39279 prepared by Alan Mok Engineering and dated February 24, 2025. 12. It is assumed that easements shown on the Tentative Map exhibit are shown correctly and include all the easements that encumber the subject property. A current preliminary title report (30 days current) for the site shall be submitted during final map and technical plan review. The Applicant shall secure approval from all easement holders for all grading and improvements, which are proposed over respective easements, if any, or provide evidence that the easement has been relocated, quitclaimed, vacated, abandoned, easement holder cannot be found, or is otherwise of no effect. Proof of authorization shall be provided to the Land Development Department prior to issuance of grading permit. Should such approvals or alternative 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. 13. Prior to approval of Final Map, applicant shall pay all required impact fees for the subdivision, including the drainage and signalization fees. 14. Prior to expiration of the Tentative Map exhibit, or as extended if applicable, the subdivider shall cause the real property included within the tentative map exhibit, or any part thereof, to be surveyed; and Final Map thereof shall be prepared based upon these conditions of approval, City of Palm Desert Municipal Code Title 26, and the Subdivision Map Act CA Code Section 66410 (et al).          PLANNING COMMISSION RESOLUTION NO. 2898 7 15. It is understood that the Tentative Map exhibit correctly shows acceptable centerline elevations, all existing easements, necessary travelled ways, and drainage courses, and that the omission or unacceptability may require that the subdivider amend, revise or re-process the tentative map as may be necessary to allow a finding on the final map of substantial conformance by the City. The Final Map shall include appropriate easements for streets, public utilities, and emergency access which shall be dedicated on the Final Map. Additional right-of-way at project driveways required to accommodate ADA-compliant public infrastructure within public right-of-way shall be dedicated on the map. 16. Prior to final map approval, applicant shall submit a draft copy of the development specific Covenants, Conditions and Restrictions (CC&R's) shall be submitted for review and approved by the City Engineer and City Attorney. A deposit will be required to cover legal fees inccured as part of this review. The CC&R's shall include, but not be limited to, access easements (fire and emergency), reciprocal access, private and/or public utility easements as may be relevant to the project, and maintenance (in perpetuity) of common spaces and BMPs associated with the development of the site. 17. Prior to final map approval, the subdivider is responsible for the submittal of improvement plans for all offsite and onsite improvements for review and approval of the City Engineer. In compliance with the Subdivision Map Act, if said improvements are not constructed prior to final map recordation, the subdivider shall guarantee the completion of all improvements required to support the development, within the boundaries of the final map, by executing a Subdivision Improvement Agreement with the City and posting the required security. 18. Prior to final map approval, in compliance with the Subdivision Map Act, the subdivider shall provide the surveyor’s certification for placement of monuments or provide monument bond in the amount and form compliant with the City’s Municipal Code Chapter 27 and as approved by the City Engineer. 19. Prior to final map, the Applicant shall provide a maintenance guarantee in accordance with Palm Desert Municipal Code Section 26.28.140. The subdivider shall guarantee all improvements for a period of one year from the date of final acceptance and shall correct any and all defects or deficiencies arising during the period as a result of the acts or omissions of the subdivider, his agents or employees. The improvement guarantee shall be backed by a bond or cash deposit in the amount of ten percent of the surety posted for improvements. The city shall provide written notice of the defect or deficiency. In any instance where the subdivider fails to take action within the specified time, or when immediate action is required to protect the public health, safety and/or welfare, the city may cause the work to be performed and call on the surety for reimbursement. The maintenance bond shall be submitted prior to final acceptance of the improvements by the city.          PLANNING COMMISSION RESOLUTION NO. 2898 8 20. Prior to final map approval, the Applicant shall submit improvement plans for required improvements along Technology Drive as outlined in these conditions of approval and post security bonds. The plans are required to be approved by the City Engineer prior to final map approval. A. Driveway(s) shall be design per City of Palm Desert standard No. 305 with maximum width of 30 feet. B. Additional right-of-way dedication at project driveways required to accommodate ADA-compliant public infrastructure within public right-of- way shall be dedicated. C. Existing sidewalk along the project frontage shall be replaced for curb- adjacent sidewalk and adequately connect to existing improvements. D. The Applicant shall guarantee all(any) improvements within the public right-of-way 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 improvements. END OF CONDITIONS OF APPROVAL          PLANNING COMMISSION RESOLUTION NO. 2898 9 EXHIBIT B PP24-0004 CONDITIONS OF APPROVAL PLANNING DIVISION: 1. The development of the property shall conform substantially with the approved plans and 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 Palm Desert Municipal Code (PDMC), and state and federal statutes now in force, or which hereafter may be in force. 4. The Precise Plan 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 in conformance with Palm Desert Municipal Code Section 25.72.030; otherwise, said approval shall become null, void, and of no effect whatsoever.          PLANNING COMMISSION RESOLUTION NO. 2898 10 5. 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. 6. The Applicant shall comply with Council Ordinance No. 1281 and 1282 and Resolution Numbers 2015-14 and 2015-15, approved for the Millenium Palm Desert Specific Plan (Case Numbers: DA/SP/GPA/CZ/EA 14-332), including all conditions of approval listed and the Specific Plan and Development Agreement documents. 7. The Applicant shall comply with the adopted Mitigated Negative Declaration for the Millenium Palm Desert Specific Plan, approved by the City Council on March 26, 2025 via Ordinance No. 1281. This includes the identified mitigation measures found within the Mitigated Negative Declaration. 8. The development of the property shall conform substantially with exhibits on file with the Development Services Department, except as modified by the following conditions. Any variation from the approved plans must be reviewed and approved by the Planning Division prior to the building permit issuance and may require review and approval by the Architectural Review Commission, Planning Commission, and/or City Council. 9. The approved Precise Plan 24-0004 (PP24-0004) shall only be modified with written City approval per PDMC Section 25.72.030. Any proposed changes to this Precise Plan 24-0004 (PP24-0004) will require an amendment to the application, which may require review and approval by the ARC, Planning Commission, and/or City Council. 10. 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. 2898 for PP24-0004 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. 11. Prior to the issuance of a building permit for the construction of any use or structure contemplated by this approval, the Applicant shall first obtain permits and or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire Department Building and Safety Division California Department of Alcoholic Beverage Control Riverside County Department of Health          PLANNING COMMISSION RESOLUTION NO. 2898 11 Evidence of said permit or clearance from the above agencies shall be presented to the Building and Safety Division at the time of issuance of a building permit for the use contemplated herewith. 12. 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. 13. The applicant shall pay all applicable fees in effect at the time of building permit issuance 14. The Applicant shall comply will all applicable local, state, and federal laws and regulations. 15. The use and operation shall comply with Palm Desert Municipal Code (PDMC) Chapter 9.24 for Noise Control Requirements. 16. This Project is subject to the Art in Public Places requirements in Chapter 4.10 of the PDMC. 17. Final lighting plans shall be submitted per PDMC Section 24.16 for any landscape, architectural, street, or other lighting types within the Project area. All exterior lighting sources shall be fully shielded and directed downwards and is subject to approval by the Development Services Department. Luminaries with total lamp lumens above 16,000 lumens shall not be used. Prior to the building permit issuance, the Applicant shall submit plans for outdoor lighting as required by PDMC Section 24.16.030 and include glare ratings and color temperature for all exterior light fixtures. 18. Access to trash enclosure and service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by the applicable waste company and the Development Services Department and shall include any waste programs required by law. 19. Prior to the building permit issuance, the Applicant shall submit a landscape construction application for approval by the Development Services Department and Coachella Valley Water District. Final landscape and irrigation documents shall be prepared by a landscape architect registered with the State of California and shall be submitted to the Development Services Department and the CVWD for review and approval. All sheets shall be signed by the landscape architect and shall include the license number and the expiration date. The landscape plan shall conform to the preliminary landscape plans prepared as part of this application and shall include dense plantings of live landscape material. All plants shall be a minimum of five (5) gallons in size, and all trees shall be a minimum 24-inch box in size. A. The Applicant shall submit final landscape construction plans to the Palm Desert Development Services Department for review and acceptance prior to submittal to CVWD.          PLANNING COMMISSION RESOLUTION NO. 2898 12 20. All Project irrigation systems shall function properly, and landscaping shall be maintained in a healthy and thriving condition. The maintenance of landscaping and the irrigation system shall be permanently provided for all areas of the Project site, as well as walkways and the portion of public right-of-way abutting the Project site (parkways). Furthermore, the plans shall identify responsibility for the continued maintenance. 21. Prior to the issuance of the Certificate of Occupancy, the Project landscape architect shall submit written certification to the Planning Division that the landscaping and irrigation have been installed per the approved landscape plan. 22. All exterior and all appurtenances thereto shall be screened from public view by walls or roof screens that are architecturally treated to be match the materials and scale of the building. The final construction plans shall include appropriate drawings demonstrating how such equipment is to be screened from view. 23. 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. 24. All ground-mounted utility structures including, but not limited to, transformers, HVAC equipment, and backflow prevention valves shall be located out of direct view from any public street or adequately screened using landscaping and/or permanent screening devices. 25. Exterior building elevations showing building wall materials, roof types, exterior colors, and appropriate vertical dimensions shall be included in the development construction drawings. 26. All roof access ladders shall be located on the inside of the building and shall be screened by rooftop parapets. 27. All parking spaces shall be clearly marked with white or yellow paint or other easily distinguished material. Except as required by state and ADA requirements, all markings shall be a minimum four-inch (4”) wide double (“hairpin” style) stripe designed to provide 18 inches measured between the outside lines. 28. Prior to building permit issuance, the Applicant shall submit plans for the final design of all site walls subject to review and approval by the Palm Desert Development Services Department. 29. All exterior signage shall comply with Chapter 25.56 of the PDMC.          PLANNING COMMISSION RESOLUTION NO. 2898 13 30. Prior to any work within the public right-of-way, the Applicant shall obtain an encroachment permit from the City’s Public Works Department. 31. Prior to issuance of a grading permit, the Applicant shall have a pre-construction meeting with the City’s Public Works Department and install all mitigation measures. ARCHITECTURAL REVIEW COMMISSION 32. The Architectural Review Commission of the City of Palm Desert approved Case No. PP24-0004 at its meeting of May 13, 2025 and a Notice of Action was subsequently recorded and provided to the Applicant with the following condition of approval: A. An internal gutter shall be installed on the edge of the arched metal roof. LAND DEVELOPMENT DIVISION 33. Final Map 39279 shall be approved and recorded prior to the issuance of any construction permits for this project. 34. The following plans are hereby referenced: Preliminary Grading and Drainage Plan Home-2 prepared by ACE Design LLC. on July 2025. 35. It is assumed that easements shown on the preliminary grading and drainage plan are shown correctly and include all the easements that encumber the subject property. A current preliminary title report (30 days current) for the site shall be submitted during technical plan review. The Applicant shall secure approval from all easement holders for all grading and improvements, which are proposed over respective easements, if any, or provide evidence that the easement has been relocated, quitclaimed, vacated, abandoned, easement holder cannot be found, or is otherwise of no effect. Proof of authorization shall be provided to the Land Development Department prior to issuance of grading permit. Should such approvals or alternative 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. 36. Pad elevations, as shown on the conceptual grading plan, are subject to review and modification per the City of Palm Desert Municipal Code Title 27. The pad elevations shall conform to the applicable approved map. If the proposed elevations vary more than six inches from the elevations of the approved map, the revised elevations must be reviewed by the city engineer and approved through the director of development services. The director of development services may refer the request to a public hearing process for approval. 37. All utility extensions within the site shall be placed underground unless otherwise specified or allowed by the respective utility purveyor.          PLANNING COMMISSION RESOLUTION NO. 2898 14 38. Prior to grading plan 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. 39. Prior to grading plan approval, the Applicant shall pay all appropriate park fees in accordance with the City’s Municipal Code Section 26.48.060. 40. Prior to issuance of the grading permit for the development, the Applicant shall pay all appropriate signalization fees in accordance with the City’s Resolution No. 79-17 and 79-55. 41. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20 Stormwater Management and Discharge Ordinance. 42. Prior to grading permit, the applicant shall record the related land subdivision (TPM 39279). 43. Prior to grading permit, the Applicant shall submit improvement plans for required improvements along Technology Drive as outlined in these conditions of approval. The plans are required to be approved by the City Engineer prior to final map approval. A. Driveway(s) shall be design per City of Palm Desert standard No. 305 with maximum width of 30 feet. B. Additional right-of-way dedication at project driveways required to accommodate ADA-compliant public infrastructure within public right-of- way shall be dedicated. C. Existing sidewalk along the project frontage shall be replaced for curb- adjacent sidewalk and adequately connect to existing improvements. D. The Applicant shall guarantee all(any) improvements within the public right-of-way 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 improvements. 44. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No grading or other improvements shall be permitted until a final grading plan has been approved by the City Engineer. Grading plans and all grading shall conform to the approved Conceptual Grading Plan, the California Building Code, Palm Desert Municipal Code (PDMC) Title 27 Grading, and all other relevant laws, rules, and regulations governing grading in the City of Palm Desert. A. The final grading plans shall show and identify all proposed onsite improvements in accordance with the approved conceptual grading exhibit. B. Design shall be in compliance with the accessibility standards in the California Building Code (current) and Americans with Disability Act (ADA) regulations. Plans shall show running and cross slopes along accessibility path from building entrances to designated parking stalls and          PLANNING COMMISSION RESOLUTION NO. 2898 15 to public pedestrian infrastructure. C. All private improvements shall be kept within private property. Non- standard encroachments into proposed public right-of-way will not be permitted, unless clearly identified on these conditions of approval. D. The project’s Geotechnical Engineer shall sign the final grading plans. 45. 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 include provisions for the maintenance and operation of all onsite water quality BMP facilities by the property owner. 46. 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. 47. Prior to issuance of 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. 48. Prior to approval of the grading plan, the Applicant shall prepare a detailed final hydrology and hydraulics report for approval of the City Engineer. The report shall encompass the entire project area and comply with all relevant laws, rules, and regulations governing the City of Palm Desert. A. Site is required to handle the first flush for a 100-year, 24-hour event. Final report shall show the site is designed to meet requirement. B. Design shall incorporate emergency overflow outlet in the event the drainage improvements exceed full capacity. 49. Prior to approval of the grading plan, the Applicant shall prepare a final Water Quality Management Plan (WQMP) for approval of the City Engineer. A. LID BMPs shall be designed in accordance with the Riverside County Whitewater River Region Stormwater Quality Best Management Practice Design Handbook for Low Impact Development, dated June 2014. B. Any onsite and offsite BMPs shall be designed and sized per the findings of the Final Geotechnical Report and Final WQMP. Any changes to the proposed BMP sizing, design, and type; and impacts to the referenced exhibits, may require additional approvals. 50. Prior to approval of the grading plans, the Applicant shall provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such Evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed and their WDID number is depicted on the grading plan before approval. 51. Prior to 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          PLANNING COMMISSION RESOLUTION NO. 2898 16 perform the grading shown on the preliminary site plan exhibit. Proof shall be provided to the Land Development Department prior to issuance of grading permit. 52. Where grading involves import or export, the Applicant shall obtain relevant permits, from the Public Works Department where the material is coming from or going to, including import/export quantities and hauling route. 53. Upon completion of grading work, 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. 54. Prior to the issuance of a building permit, the final grade certification shall be submitted in conformance with the approved grading plans. A licensed land surveyor shall certify the completion of grading in conformance with the lines and grades shown on the approved grading plans. 55. Prior to building final inspection, the Applicant is responsible for the completion of all grading for which plans are required. 56. Prior to occupancy, the Applicant shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall be inspected by City staff. 57. Prior to occupancy, the Applicant is responsible for the completion of construction of all improvements for which plans are required, including street and storm drain improvements. 58. 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. 59. All post-construction BMPs shall be designed based on the City of Palm Desert’s maximum infiltration criteria of 1 inch/hour. 60. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this Project and shall be completed prior to acceptance by the City Engineer. END OF CONDITIONS OF APPROVAL