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HomeMy WebLinkAboutRes No. 2910 PP25-0004 Syder CirclePLANNING COMMISSION RESOLUTION NO. 2910 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A CATEGORICAL EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A PRECISE PLAN FOR THE CONSTRUCTION OF A TWO-STORY INDUSTRIAL WAREHOUSE BUILDING WITH A TOTAL AREA OF 7,624 SQUARE FEET ON A 21,446 SQUARE FOOT LOT LOCATED AT 73731 SPYDER CIRCLE CASE NO. PP 25-0004 WHEREAS, Bucking Bronco (“Applicant”), submitted a Precise Plan and Notice of Exemption to construct a two-story industrial warehouse building with a total area of 7,624 square feet on a 21,446 square foot lot, located at 73731 Spyder Circle south of Dinah Shore Drive and north of Dick Kelly Drive (APN: 694-240-012) (“Project”); and WHEREAS, the Project site is within the Service Industrial (SI) zoning district, and is designated as Employment by the Palm Desert General Plan; and WHEREAS, the proposed Project conforms to the General Plan land use designation for Employment and the development standards listed in the City’s Zoning Ordinance for the Service Industrial (SI) zoning district; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., title. 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, in that the Director of Development Services has determined that the Project will not have a foreseeable significant impact on the environment and that the Project is eligible for an exemption pursuant to Article 19, Section 15303 New Construction or Conversion of Small Structures (Class 3); therefore, no further environmental review is necessary at this time; and WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did on the August 26, 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 January 20, 2026, 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: Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC PLANNING COMMISSION RESOLUTION NO. 2910 2 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 Service Industrial Zone and provides this project the same allowances that its surrounding properties would be governed by. The proposed warehouse complies with the original development standards adopted per the Palm Desert Municipal Code as outlined in Table 3 in the staff report. The project, as conditioned, meets all of the requirements including setbacks, lot coverage, building height, and parking and provides this project the same allowances that its surrounding properties would be governed by. 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 rejected or shall be so modified or conditioned before adoption as to remove said objections. The proposed 2-story warehouse is compatible with existing developments surrounding the project site. The project site has scattered industrial development on Spyder Circle and Dinah Shre Drive. The proposed project will utilize egress and ingress from Spyder Circle and will lead to 14 parking spaces. An overview of traffic was performed by KW Traffic Engineers and it concluded that there would be less than a significant impact generated by the project. Given the little impact this project would generate there would be no negative impacts on the surrounding area. 3. On August 26, 2025, the City’s Architectural Review Commission approved Design Review 25-0004 subject to Conditions of Approval; Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC PLANNING COMMISSION RESOLUTION NO. 2910 3 SECTION 5. Project Approval. The Planning Commission hereby recommends approval of Precise Plan No. 25-0004. 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 Precise Plan Case No. 25- 0004, pursuant to the conditions of approval in Exhibit A. 3. That the Planning Commission does hereby approve the CEQA Exemption per Section No. 15303 pursuant to the Notice of Exemption. . ADOPTED ON JANUARY 20, 2026. LINDSAY HOLT CHAIRPERSON ATTEST: ROSIE LUA SECRETARY Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC PLANNING COMMISSION RESOLUTION NO. 2910 4 I, Rosie Lua, Secretary of the City of Palm Desert Planning Commission, hereby certify that Resolution No. 2910 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 20, 2026, by the following vote: AYES: COLLUM, GREENWOOD, HOLT, MEYERHOFF, NICKERSON 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 March _30_, 2026. Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC PLANNING COMMISSION RESOLUTION NO. 2910 5 EXHIBIT A CONDITIONS OF APPROVAL PRECISE PLAN 25-0004 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 or Planning Commission. 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 confident iality 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. All such plans shall be consistent with the approved entitlement plans on file with the Development Services Department. Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC PLANNING COMMISSION RESOLUTION NO. 2910 6 5. Premises identification/property numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property consistent with Riverside County Fire Department. Property numbers shall be twelve inches (12”) in height. Numbers shall be either internally or externally illuminated through an approved downlit method and designed to illuminate automatically during periods of darkness. 6. All drains shall be interior to the building and exposed drainpipes are specifically prohibited. 7. 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. 8. The Applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations. 9. The Applicant shall provide payment for filing fees for the Notice of Exemption within five (5) days of project approval. 10. The Applicant shall pay for all relevant impact fees at the time of permit issuance. 11. The Applicant shall execute a written acknowledgment to the Planning Division stating acceptance of and compliance with all the Conditions of Approval in this Resolution. No modifications shall be made to said plans without written approval from the appropriate decision-making body. 12. Failure to comply with any of these conditions will result in the revocation of this entitlement subject to PDMC 25.60.120. 13. 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. 14. The Precise Plan (PP) shall expire if construction of the said Project shall not commence within twenty-four (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. 15. The Planning Commission’s approval of the Precise plan authorizes the construction of a two-story warehouse with a total area 7,624 square feet, and architectural designs approved by the Architectural Review Commission (ARC). Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC PLANNING COMMISSION RESOLUTION NO. 2910 7 16. 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 require review and approval by the Development Services Director, ARC and/or Planning Commission. 17. 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. 18. 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) • Southern California Edison • Frontier Telephone • Spectrum Cable • Riverside County Fire Department • City of Palm Desert Building & Safety Division • City of Palm Desert Land Development Division • City of Palm Desert Planning Division • City of Palm Desert Public Works Department 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. 19. The Project is subject to the requirements of the PDMC Chapter 4.10 – Art in Public Places. 20. All permanent and temporary exterior signage shall comply with PDMC Chapter 25.56. 21. Final lighting plans shall be submitted per PDMC Section 24.16 for any landscape, architectural, street, or other lighting types within the Project area. 22. 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 Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC PLANNING COMMISSION RESOLUTION NO. 2910 8 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. 23. The Applicant shall submit final landscape construction plans to the Palm Desert Development Services Department for review and acceptance prior to submittal to CVWD. 24. 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. 25. Prior to issuance of building and landscaping permits, the applicant shall provide documentation demonstrating that all exterior lighting fixtures are consistent with the specifications attached in the Staff Report or are equivalent in design, finish, illumination level, and performance. Any proposed alternatives must be reviewed and approved by City of Palm Desert Planning staff or the Director of Development Services. 26. Shade trees providing visual screening of the parking area from the street frontage shall be preserved and maintained in healthy condition. These trees shall be regularly inspected and pruned as needed to ensure continued effectiveness as a landscape buffer. Any tree that becomes diseased, damaged, or removed shall be promptly replaced with a comparable species, subject to review and approval by the City of Palm Desert. 27. Prior to the issuance of the Certificate of Occupancy, the Project landscape architect shall submit written certification to the Public Works Department and/or Planning Division that the landscaping and irrigation have been installed per the approved landscape plan. 28. 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 permanent screening devices. 29. All solar equipment, conduit, and wiring associated with the carport-mounted solar installation shall be completely screened from public view using architectural elements, landscaping, or integrated enclosure systems. Conduit runs shall be concealed within structural members or painted to match adjacent surfaces. Any exposed wiring shall be neatly bundled and secured, and all junction boxes, inverters, and related components shall be shielded or housed in enclosures that are weather - resistant and visually unobtrusive. Screening methods shall be reviewed and approved by the Development Services Department prior to final inspection approval. Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC PLANNING COMMISSION RESOLUTION NO. 2910 9 30. The trash enclosure shall be fully screened from public view using a combination of solid masonry walls and landscaping, consistent with the approved site plan. Screening shall be designed to match or complement the architectural character of the development and shall comply with all applicable City of Palm Desert standards. The enclosure shall be maintained in good condition, and any damaged or deteriorated screening elements shall be promptly repaired or replaced. Placement and access shall allow for efficient waste collection without encroaching into public rights-of-way or pedestrian paths. 31. Prior to final approval, the Applicant shall coordinate with Burrtec Waste to ensure the enclosure’s location, access, and design meet Burrtec’s operational requirements for waste collection. Documentation of Burrtec’s review and acceptance shall be submitted to the Development Services Department. 32. The trash enclosure shall comply with the California Senate Bill 1383 (SB 1383), which mandates the reduction of organic waste disposed in landfills. A three -bin system (landfill, recycle, and organics) shall be provided for residents, clearly labeled and accessible. The design, location, and operational plan for the enclosure shall be reviewed and approved by Burrtec Waste. 33. The project shall include one (1) dual-port electric vehicle (EV) charging station as indicated in the approved site plan, providing a total of four (1) EV capable parking stalls as indicated on the site plan. These stations shall be installed prior to issuance of a Certificate of Occupancy and shall comply with California Green Building Standards Code (CALGreen), all applicable California State Building Codes, and City of Palm Desert requirements. The EV charging stations shall be clearly marked, accessible, and maintained in good working condition. 34. All ADA-compliant public improvements, including sidewalks, driveways, and parking areas, shall be maintained in a safe and accessible condition. The Applicant or property successor shall ensure that accessible routes remain unobstructed, surfaces are free of hazards, and all signage, striping, and accessibility features are kept in good working order. Any damage or deterioration shall be promptly repaired to maintain compliance with ADA Standards for Accessible Design, applicable California Building Codes, and City of Palm Desert requirements. 35. Exterior building elevations showing building wall materials, roof types, exterior colors, and appropriate vertical dimensions shall be included in the development construction drawings. 36. The Applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations. Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC PLANNING COMMISSION RESOLUTION NO. 2910 10 37. 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 on the approved conceptual site plan. The perimeter walls shall extend all along the project’s south, east and west boundaries of the project. The proposed walls shall use a footing that does not require encroaching into the City right-of-way and ensures the entirety of the wall and footings are within the owner' s property. 38. Perimeter walls shall be installed prior to the issuance of a Certificate of Occupancy. 39. Future modifications to site walls or fences shall require approval by the Director of Development Services. The use of barbed wires, razor wire, and spiked pickets for fencing is prohibited. 40. Coordination with Burrtec Waste shall occur prior to any proposed event or large gathering for trash pickup schedule, location, and plan. 41. If during the course of grading or construction, artifacts or other cultural resources are discovered, all grading on the site shall be halted, and the applicant shall immediately notify the Development Services Director. A qualified archaeologist shall be called to the site by and at the cost of the applicant to identify the resource and recommend mitigation if the resource is culturally significant. The Archeologist will be required to provide copies of any studies or reports to the South Costal Informati on Center Center for the State of California located at San Diego State University and the The Agua Caliente Tribal Historic Preservation Office (THPO) for permanent inclusion in the Agua Caliente Cultural Register. 42. REMOVED PER PLANNING COMMISSION MOTION, JANUARY 20, 2026. 43. During building plan check, the rear retaining wall along the Dick Kelley Drive frontage shall be increased in height, up to but not exceeding six (6) feet measured from adjacent finished grade on the street side, or as necessary to fully screen the rear parking area from public view. Final wall height and design shall be subject to review and approval by the Development Services Director. ARCHITECTURAL REVIEW COMMISSION 44. The Architectural Review Commission of the City of Palm Desert approved Case No. PP25-0004 at its meeting of August 26, 2025 and a Notice of Action was subsequently recorded and provided to the Applicant with the following conditions of approval: Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC PLANNING COMMISSION RESOLUTION NO. 2910 11 A. South Elevation should mimic north elevation with spandrel windows and eyebrows. There should be three to five windows. The decorative frieze will no longer be needed on this elevation. B. The wainscoting on the north elevation should be aligned with the west elevation. C. Reduce the 25-foot lighting to 15 feet and provide a detail that shows the height and the decorative base. D. Replace the Mediterranean Palm (Chameroops humilis) with Mexican Fan Palm (Washingtonia robusta) or Date Palm (Phoenix dactylfera). LAND DEVELOPMENT 45. The following plans are hereby referenced: Concept Grading Plan prepared by PBLA Engineering, Inc. and dated October 2nd, 2025. 46. 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 (if any) 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. 47. All utility extensions within the site shall be placed underground unless otherwise specified or allowed by the respective utility purveyor. 48. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20 Stormwater Management and Discharge Ordinance. The proposed project is within the Section 29 Special Assessment District, all runoff from the site shall be treated prior to discharging to the public storm system. 49. 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, including underground treatment BMPs and accessible path(s) of travel. Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC PLANNING COMMISSION RESOLUTION NO. 2910 12 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 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. This includes pathways, signs, and walls. D. Provide maximum of 2:1 slope behind right-of-way line. E. Grading plans shall include detailed cross-sections at the project perimeter demonstrating the transition between proposed grading and existing conditions. Cross-sections shall clearly show natural ground, proposed finish grades, and all adjacent improvements. F. The project’s Geotechnical Engineer shall sign the final grading plans. 50. 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. 51. 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. 52. Prior to grading permit, the Applicant shall submit improvement plans for required improvements along Spyder Circle and Dick Kelly Drive as outlined in these conditions of approval. Plans shall be approved prior to building permit. A. Clearly identify location of right-of-way. B. Identify any additional right-of-way dedication at project driveway required to accommodate ADA-compliant public infrastructure within public right-of-way. If additional right-of-way is needed, the applicant shall process the dedication prior to certificate of occupancy. C. Street improvements along Spyder Circle include, but are not limited to, sidewalk per City Standard Detail No. 300, landscaped parkway per City guidelines, driveway per City Standard Detail No. 305, and curb & gutter. D. Street improvements along Dick Kelly Drive include landscaped parkway per City guidelines. E. The Applicant shall guarantee all(any) improvements within the public right - Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC PLANNING COMMISSION RESOLUTION NO. 2910 13 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. 53. 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 for a maximum infiltration rate of 2 inches/hour or as supported by the infiltration report whichever is more restrictive. Any changes to the proposed BMP sizing, design, and type; and impacts to the referenced exhibits, may require additional approvals. 54. 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. 55. 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. 56. 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 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. 57. 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. 58. Prior to issuance of grading permit, 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. 59. Prior to grading permit sign-off, 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. Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC PLANNING COMMISSION RESOLUTION NO. 2910 14 60. Prior to grading permit sign-off, 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. 61. 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. 62. Prior to grading sign-off, the required associated improvements shall be completed or bonded in a manner acceptable to the City Engineer and City Attorney. 63. Prior to building permit, 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. PALM DESERT BUILDING DEPARTMENT 64. This project shall comply, at the time of permit application, with the City of Palm Desert’s current adopted edition of the following codes: • California Building Code and its appendices and standards. • California Plumbing Code and its appendices and standards. • California Mechanical Code and its appendices and standards. • California Electrical Code. • California Energy Code. • California Green Building Standards Code • Title 24, California Code of Regulations. • California Fire Code and its appendices and standards. • Palm Desert Municipal Code 65. Building Design Data Summary • Please refer to the attached Palm Desert Ordinance and Design Criteria (2022 Code Cycle). • Please refer to the New Commercial Building Informational Handout. 66. California Accessibility Requirements • The accessibility provisions of CBC Chapter 11B may apply to this project when providing open public parking spaces, common area access, EV charging spaces, etc. Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC PLANNING COMMISSION RESOLUTION NO. 2910 15 67. Riverside County Fire Marshal’s Office • Coordinate and provide a review with the fire marshal’s office for the required application, plans, and specifications located at: 77933 Las Montanas, Suite 201, Palm Desert, CA 92211 Office: 760-863-8886 Website: www.rvcfire.org/our-departments/fire-marshal 68. All trash enclosures are required to be accessible. Provide an accessible path of travel to the trash enclosure. A detail is available on the City of Palm Desert’s Building and Safety website: https://www.palmdesert.gov/our-city/departments/permit- center/applications-and-forms 69. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 70. All contractors and/or owner-builders must submit a valid Certificate of Worker’s Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 71. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert Municipal Code 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, stroke of line, distance from street, height from grade, height from street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds, or other reasons that may render the building address unreadable shall be addressed during the plan review process. Please contact the City’s Permit Center for more information: RIVERSIDE COUNTY FIRE DEPARTMENT 72. Provide Fire Flow report from the nearest Fire Hydrant, as provided by CVWD. 73. Preliminary Grading Sheet 2 was referenced for Fire Access distance requirements in compliance with CFC Section 503.1.1. A. The required 150-feet distance for Fire Access from the roadside element, as measured as-a-hose-would-lay along an unobstructed and discernable path, is not being provided to all exterior portions of the structure. Modification of the proposed project layout, provision of on-parcel Fire Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC PLANNING COMMISSION RESOLUTION NO. 2910 16 Access, OR proposed mitigation (i.e. BLDG Construction/Sprinkler Design Increases) to allow for the exception of CFC 503.1.1 shall be identified. 74. Hydrant mitigation guide is only allowed for R-3 classification. 75. Shall submit an alternative means and methods application to the Fire Marshal’s office or provide a hydrant within the required distance. PLANNING COMMISSION 76. The project shall comply with Chapter 9.24 Noise Control of the Palm Desert Municipal Code. 77. No outdoor storage shall be permitted on the south end of the building where visible from Dick Kelly Drive. END OF CONDITIONS OF APPROVAL Docusign Envelope ID: 778AE82E-8C7F-4DB4-A2D3-4FAFA71F93EC