HomeMy WebLinkAboutRes No 2703PLANNING COMMISSION RESOLUTION NO. 2703
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO
CONSTRUCT A NEW 6,840-SQUARE-FOOT AUTOMOBILE SALES AND
SERVICE BUILDING FOR CARMAX LOCATED AT 73-500 DINAH SHORE
DRIVE; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE
WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
CASE NO: PP/CUP 17-059
WHEREAS, the Architectural Review Commission did, at their meeting on
July 11, 2017, review the architecture and landscape plans for the proposed building,
and approved a recommendation to the Planning Commission for approval of the
Precise Plan application, subject to conditions; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 1st day of August, 2017, hold a duly noticed public hearing to consider the
request by CarMax Auto Superstores California, LLC, for approval of the above noted;
and
WHEREAS, the parcel is located in the Service Industrial (SI) zoning district,
which allows "Automotive Sales" as permitted uses, subject to approval of a Conditional
Use Permit; and
WHEREAS, said applications have complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2015-75, the Director of Community Development has determined that
the project will not have a negative impact on the environment and qualifies as a Class
32 Categorical Exemption for the purposes of CEQA.
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did find the following facts and reasons to exist to justify approval of the
said request.
FINDINGS OF APPROVAL:
1. That the proposed location of the conditional use is in accordance with the
objectives of the Zoning Ordinance and the purpose of the district in which the
site is located.
The zoning designation for this property is Service Industrial (SI), which allows
for the manufacture, distribution, and service of products intended for use within
the City and adjacent communities. Automotive sales are permitted, subject to a
Conditional Use Permit. Automotive sales and associated automotive services
fall under the definition of distribution and service of products, thus consistent
with the intent of the SI district.
PLANNING COMMISSION RESOLUTION NO. 2703
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 proposed automotive sales and service facility is located near a freeway
interchange where auto -oriented uses are generally located and permitted. The
operating hours are proposed to be 7:30 a.m. to 6:00 p.m. for the retail service
area and from 9:00 a.m. to 9:00 p.m. for the sales area. These hours are
compatible with adjacent business hours and operations. While the outdoor
lighting for the sales lot exceeds Palm Desert Municipal Code (PDMC) 24.16 —
Outdoor Lighting Requirements, the applicant will be conditioned to install full
cutoff fixtures with additional shielding to restrict glare at property lines and dim
fixtures to meet PDMC 24.16 after operational hours. The use will not create a
public nuisance in terms of parking shortages and will meet all applicable
requirements of the building code. Therefore, the use will not be detrimental to
general public health, safety or welfare, or be materially injurious to properties or
improvements in the 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 project complies with all development standards with the exception
of outdoor lighting, landscaping, and wall/fence material at the sales lot and is
consistent with the intent of the Zoning Ordinance. The Planning Commission
may, through the Precise Plan process, modify the development standards for a
project.
The sales lot does not incorporate landscaping and shade trees in accordance
with PDMC 25.52.050—Parking Lot Landscaping standards. Trees are not
compatible with the sales parking lot requirement for cars to be kept in a clean
condition at all times. However, the remainder of the site is landscaped in
accordance with the Zoning Ordinance.
The sales lot does not comply with PDMC 24.15—Outdoor Lighting
Requirements. Exterior lighting of the sales lot exceeds the light trespass and
illumination levels allowed. The remainder of the site is in conformance with this
section of the ordinance. Higher illumination levels will allow visibility of the
inventory during operational hours. The fixtures will be full cutoff fixtures with
additional shielding to restrict glare at property lines. The system will be
controlled by an automated Energy Management System and all fixtures will be
dimmed to meet requirements of PDMC 24.16 after operational hours.
Operational hours will be set by the store management closer to the opening
date, but are expected to be within the hours of 7:30 a.m. and 9:00 p.m. A
Condition of Approval has been included, which regulates the lighting levels and
hours of operation.
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PLANNING COMMISSION RESOLUTION NO. 2703
Low guardrails are installed around the sales lot, which allow for visibility of the
vehicles and inventory, but are not an approved fencing material (PDMC
25.4.090F). However, a Condition of Approval has been incorporated, which will
mandate a hedge be installed to screen the guardrail and be consistently
maintained.
None of the above modifications to the development standards will be injurious to
other parties nor do they require approval of any variances or adjustments.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the City's general plan.
The General Plan land use designation for the site is "Employment District." The
intent of the employment district is to provide a wide variety of office -intensive
activity that could include some manufacturing along with research and
development opportunities. Allowed land uses include a wide variety of office and
limited commercial activity along with multi -family dwellings organized along
walkable streetscapes. Uses would include professional and medical office, and
traditional business parks. The proposed project includes retail sales office use
and automobile service use, both of which are compatible with the intent of the
Employment District.
The proposed project supports General Plan Policy 9.3 — Diverse tax base. This
policy recommends development and public investments to maintain a fiscally
sound city with a sustainable tax base. Diversity of land uses and businesses
help sustain a sound tax base for the City.
The proposed project supports General Plan 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 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 proposed project is
located near a freeway interchange which is clearly automobile oriented and will
be compatible with the surrounding land uses.
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PLANNING COMMISSION RESOLUTION NO. 2703
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/Conditional
Use Permit 17-059, subject to conditions.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on this 1st day of August 2017, by
the following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, and PRADETTO
NOES: NONE
ABSENT: HOLT
ABSTAIN: NONE
ATTEST:
NAkDrVi)/1U A, C64"1-eE
RYAN ST ELL, SECRETARY
PALM DE T PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2703
CONDITIONS OF APPROVAL
CASE NO. PP 17-059
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, as modified by the following conditions.
2. Construction of said project shall commence within two years from the date of final
approval unless an extension of time is granted; otherwise said approval shall
become null, void, and of no effect whatsoever.
3. Any proposed changes to this Precise Plan will require an amendment to the
application, which will result in a new public hearing.
4. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Building & Safety Department
City Fire Marshal
Public Works Department
Coachella Valley Water District
5. Evidence of said permit or clearance from the above agencies shall be presented to
the Department of Building & Safety at the time of issuance of a building permit for
the use contemplated herewith.
6. Applicant shall defend, indemnify and hold harmless the city against any third party
legal challenge to these approvals, with counsel chosen by the City at applicant's
expense.
7. Building mounted lighting fixtures shall conform to the City's Outdoor Lighting
Ordinance.
8. Full cutoff fixtures with additional shielding to restrict glare at property lines shall be
installed in the parking lot. The system shall be controlled by an automated Energy
Management System. Parking lot lighting shall be dimmed beginning at 9:00 p.m.
and lighting levels shall be reduced to the approved non -operational lighting plan
levels by 10:00 p.m.
9. Final landscape plans shall be submitted to the City's Department of Community
Development and the Coachella Valley Water District for review and approval. The
landscape plan shall conform to the preliminary landscape plans prepared as part of
this application, and shall include dense plantings of landscape material. All plants
shall be a minimum of five gallons in size, and a minimum 24-inch box is required for
shade trees.
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PLANNING COMMISSION RESOLUTION NO. 2703
10.A continuous hedge shall be maintained along the guardrail. Applicant shall select
appropriate plant material to be installed and provide full screening of the guardrail
upon installation. Final plant selection and landscape plans shall be approved by the
City's Department of Community Development.
11.The applicant shall submit a signed application to the City's Department of
Community Development for any building mounted or monument signs associated
with the project.
12. The applicant shall comply with the Conditions adopted by the Architectural Review
Commission, and as listed on the Notice of Action dated July 12, 2017.
13.No advertising devices such as balloons, roof -mounted adverting/devices, flags,
pennants, propellers, oscillating, and any rotating devices.
14.An approved Native American Monitor shall be present during any ground disturbing
activities for the project.
DEPARTMENT OF PUBLIC WORKS:
15. The applicant shall submit a grading plan to the Department of Public Works for
review and approval. Any changes to the approved civil or landscape plans must be
reviewed for approval prior to work commencing.
16. The grading plan shall identify all proposed and existing utilities.
17.The applicant shall submit a PM10 application for approval. The applicant shall
comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding
Fugitive Dust Control.
18. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
19.The applicant shall submit a final Water Quality Management Plan (WQMP) for
approval. The WQMP shall identify the Best Management Practices (BMPs) that will
be used on the site to control predictable pollutant runoff. Prior to the issuance of a
grading permit, the Operation and Maintenance Section of the approved final WQMP
shall be recorded with the County's Recorder Office and a conformed copy shall be
provided to the Public Works Department.
20. 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.
PLANNING COMMISSION RESOLUTION NO. 2703
21. The applicant shall pay the appropriate signalization fee in accordance with City of
Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with
Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number
653.
22. The applicant shall enter into an agreement and post security, in a form and amount
acceptable to the City Engineer, guaranteeing the construction of all off -site
improvements. Improvements shall include; but are not limited to:
A. The installation of an 8' curb adjacent sidewalk on Dinah Shore Drive.
B. The modification of the traffic signal at Dinah Shore Drive and Gateway Drive.
C. The relocation of the existing bus turnout on Dinah Shore Drive.
DEPARTMENT OF BUILDING AND SAFETY:
23.This project shall comply with the latest adopted edition of the following codes:
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Plumbing Code and its appendices and standards.
C. 2016 California Mechanical Code and its appendices and standards.
D. 2016 California Electrical Code.
E. 2016 California Energy Code.
F. 2016 California Green Building Standards Code.
G. 2016 California Administrative Code.
H. 2016 California Fire Code and its appendices and standards.
24. Provide building height and area analysis to determine compliance with CBC Section
503. Justify any area increases to height and area as permitted per CBC Sections
504 and 506.
25. Provide a complete set of scaled or fully dimensioned elevations to determine the
number of stories for the proposed project. CBC Section 503 (Definition of "Grade
Plan," "Story," and "Story above grade plane").
26. Provide an area analysis on the first sheet of the plans to justify the allowable floor
areas for a mixed occupancy building. The sum of the ratio of the actual area for
each occupancy divided by the allowable area for each occupancy must not exceed
1.00. For buildings with fire walls, use the floor area of each separate "building" to
justify the area. CBC Section 508.4.2 and 706.1.
27.Submit an exit plan that labels and clearly shows compliance with all required egress
features such as, but not limited to, common path of travel, required number of exits
and separation, occupant load, required width, continuity, travel distance, elevators,
etc. CBC 1001.1.
28.An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1265.
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PLANNING COMMISSION RESOLUTION NO. 2703
29.A disabled access overlay of the precise grading plan is required to be submitted to
the Department of Building and Safety for plan review of the site accessibility
requirements as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10.
30.AII exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11 B-206).
31. Detectable warnings shall be provided where required per CBC 11B-705.1.2.5 and
11B-705.1.2.2. The designer is also required to meet all ADA requirements. Where
an ADA requirement is more restrictive than the State of California, the ADA
requirement shall supersede the State requirement.
32. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Department of Building
and Safety.
33.Assembly Bill 1732 became effective March 1, 2017, which requires businesses to
provide one "single -user toilet facility" which means a toilet facility with no more than
one water closet and one urinal with a locking mechanism controlled by the user to
be designated as an all gender toilet facility. Such facility shall be provided with
appropriate signage indicating "All Gender." If your project is only providing one
unisex facility, then that facility must have one water closet and one urinal and sink
and have the appropriate signage stating "All Gender." Health and Safety Code
§118600.
34.AII contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm desert Municipal Code, Title 5.
35.AII contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
36.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 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. You may request a copy of Ordinance 1265 or Municipal
Code Section 15.28 from the Department of Building and Safety counter staff.
37. Please contact Cherie Williams, Building Permit Specialist II, at the Department of
Building and Safety (760-776-6420) regarding the addressing of all buildings and/or
suites.
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PLANNING COMMISSION RESOLUTION NO. 2703
FIRE DEPARTMENT:
38. 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 structures, traffic and population. The project proponents/developers will
be expected to provide for a proportional mitigation to these impacts via capital
improvements and/or impact fees.
39. Fire Department emergency vehicle apparatus access road locations and design
shall be in accordance with the California Fire Code, City of Palm Desert Municipal
Code, and Riverside County Fire Department Standards. Plans must be submitted to
the Fire Department for review and approval prior to building permit issuance.
40. Fire Department water system(s) for fire protection shall be in accordance with the
California Fire Code, City of Palm Desert Municipal Code and Riverside County Fire
Department Standards. Plans must be submitted to the Fire Department for review
and approval prior to building permit issuance.
41.Tract/Parcel Map development cases —prior to Building Permit issuance, the required
water system, including all fire hydrants(s), shall be installed and accepted by the
appropriate water agency and the Riverside County Fire Department prior to any
combustible building material placed on an individual lot. Contact the Riverside
County Fire Department to inspect the required fire flow, street signs, all weather
surfaces, and all access and/or secondary access. Approved water plans must be at
the job site.
SPECIAL PROGRAMS:
42. The project shall provide a bus turn lane/turnout.
43. The planned trash enclosure must be consistent with Palm Desert Municipal Code
Chapter 8.12. Burrtec Waste and Recycling Services must review and sign -off on
the plans in relation to the placement and number of trash/recycling enclosures. The
applicant may contact Jennifer with Burrtec at (760) 340-6445 regarding this issue.
PUBLIC ART:
44. The Public Art Division recommends that in lieu of placing art on the project site, the
applicant considers leaving the public art fee for the project in the Public Art Fund.
The applicant can contact the public art staff with any questions.
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