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HomeMy WebLinkAboutPD Town Center Project DP 12-79 Amendment CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Approval of a Negative Declaration of Environmental Impact and amendment to a Development Plan for a 183,094 square foot expansion to the Palm Desert Town Center and 956 space single level parking deck. Project involves additional retail space, 2,200 seat theater expansion and elimination of ice rink and child care facility. Project located on property generally bounded by Highway 1 1 1 , Monterey Avenue, Town Center Way and Rancho Grande Drive. , y 0 ,l ''b H VI f41:-. L7.; ,.0 C) IV 1-3 III. APPLICANT: TrizecHahn/Palm Desert, Inc. H CrJ r.? ^3,, " VI 74 y, z .. ,-341 H O 4.350 La Jolla Village Drive, Suite 400 c ; z .11 g o San Diego, CA 92122-1233 �.,•� i rco Rn H A-1 Li IV. CASE NO: DP 12-79 Amendment : r r en '. •• n V. DATE: August 27, 1998 H H. Q VI. CONTENTS: O Ivhi tii A. Staff Recommendation v B. Discussion .• n . C. Draft Resolution No. 98-102 ' D. Planning Commission Minutes involving DP 12-79 Amendment E. Planning Commission Resolution No. 1890 F. Planning Commission Staff Reports dated August 18 and July 7, 1 : ' 8 G. Related maps and/or exhibits I . A. STAFF RECOMMENDATION: Adopt Resolution No. 98-102 aPProvin9 DP 12-79 Amendment, subject ct to conditions and resolution of architectural concerns. B. DISCUSSION/BACKGROUND: The Palm Desert Town Center constructed in 1 982-83 presently contains 850,944 square feet of leasable area. Other than the completion of the original Robinson's store and some theater additions, the facility is substantially unchanged from its original design. Due to retail industry consolidations the original five major department stores have shrunk to three. The current financial structure of the mall put into place when Ernie Hahn was bought out by TrizecHahn created financial STAFF REPORT CASE NO. DP 12-79 AMENDMENT JULY 7, 1998 disincentives to any significant new investments in the facility designed to increase sales volume. Lack of new investment coupled with competition and changing retail shopper attitudes have led to substantially lower constant dollar sales values for both the majors and mall shops. The current situation could lead to severe financial consequences for the mall and ultimately the City. TrizecHahn has succeeded in negotiating a solution to the financial problem which will justifya major remodel of the mall including the complete reconstruction and expansion of the theaters to a state of the art stadium seating facility, consolidation of Robinson's May with a 55,375 expansion, approximately 47,000 square feet of additional new interior retail through elimination of the skating rink and child care facility and potential expansion of Penney's (50,000 square feet) and Macy's (20,000 square feet). A new major will occupy the vacated Robinson's May space. The overall goal will be to create an entertainment oriented spline bisecting the mall extending from the south parking lot to the theaters. To service the expansion, a 956 space parking deck will be constructed to maintain the current 4.63 spaces/1 ,000 square feet ratio. The close proximity of the new spaces will increase the overall efficiency of the lot. A parking management plan will be developed for the parking structure and carports constructed in the north lot adjacent to the fire station creating additional incentives for maximum utilization of the parking facilities. 1 . IMPACTS: A. TRAFFIC Since the project involves only minor alterations of the original building foot print, potential impacts are confined to increased traffic resulting from the expansion. The goal of the project is to increase sales through the attraction of additional retail traffic. A comprehensive traffic analysis has been conducted which indicates increased weekend ADT of 5950 trips and 4700 weekdays. (See Executive Summary.) Without mitigation, the study identified potentially significant impacts on the two intersections: Highway 1 1 1/Town Center Way and Monterey/San Gorgonio. With proposed improvements to these intersections, impacts would be reduced to a level of insignificance. Mitigations include: 1 ) Highway ill/Town Center Way, widening the eastbound approach of Highway 111 to provide a second left turn 2 STAFF REPORT CASE NO. DP 12-79 AMENDMENT AUGUST 18, 1998 eastbound turn lane to northbound Town Center Way; 2) Monterey Avenue/San Gorgonio Way, one of the following two alternatives: a) the installation of a new traffic signal at the shopping center's northern driveway to attract some of the traffic away from Hahn Way, opposite San Gorgonio Way, and to provide for traffic that will be leaving the new parking structure and the expanded theater, both of which will be on the northern side of the regional center, near the northern driveway; or b) the widening of Hahn Way, opposite San Gorgonio Way, to provide a third lane for exiting traffic. The initial drafts of the traffic study had identified impacts to the Highway 1 1 1/Plaza Way intersection. With optimized signal timing and city initiated improvements to Plaza Way south of Highway 1 1 1 , service levels at this intersection will be acceptable and may slightly improve. The study identified numerous other potential traffic problems in the vicinity of the project which will result from generalized growth in traffic volumes caused by other planned developments in Palm Desert and Rancho Mirage. The city traffic engineer will be available at the meeting to discuss traffic improvements within our capital improvement program designed to address these future problems. B. AESTHETICS/ARCHITECTURE The project will involve addition of major architectural features at each end of the entertainment spline, the complete reconstruction and expansion of the theaters on two levels and the construction of a single level parking deck extending along the entire north side of the mall. While no additional designs have been submitted for the major department store expansions, it is assumed that they will be consistent with the existing elevations. The applicant has made significant advances toward refining their design for remodeling and expansion of the mall. Plans were presented to the Architectural Review Commission August 1 1 . In general the ARC was pleased with the general direction of the project with one notable exception. The new 18 screen stadium seating theater complex constructed at grade would be 70 feet in height and extend to within 125 feet of the northerly property line. The current theater height is 44 feet. The structure dimensions are simply the result of the physical internal space requirements of theaters on two levels and were presented essentially as a box with a minimum of architectural detail. 3 STAFF REPORT CASE NO. DP 12-79 AMENDMENT AUGUST 18, 1998 The ARC questioned the appropriateness and practical necessity of this approach suggesting a combination of lowering the structure below tiering the elevations, and installation of tallpalms to mitigate the grade, t gg building's height and mass. The applicant will be addressing these concerns and will be presenting a photographic study illustrating the visual impact of the structure. The height of the parking structure will be 18'8" as measured from the northern lot line to the top of the railing. It will be setback 50 feet from Monterey, 37 feet from Town Center Way and 75 feet from Rancho Grande. The Architectural Commission suggested architectural enhancements to the Monterey and Town Center elevations. The success of the existing landscaping on Rancho Grande will effectively screen the northern elevation. Decorative trellises are proposed on the deck to provide shade and aesthetic relief. C. PLANNING COMMISSION This matter was before the Planning Commission at numerous public hearings and on August 18, 1998 recommended to City Council approval of DP 12-79 Amendment by adopting Planning Commission Resolution No. . The vote was 4-0 (Commissioner Fernandez was absent). 3. CONCLUSION: Without question the renovations and expansion are vital to the future financial well being of the mall and the City. The overall magnitude and scope of the project should not generate significant adverse impacts on the surrounding area assuming traffic mitigations are implemented and the theater height issue is resolved. Of greater concern to the City is that the project design create a revitalized dynamic retail environment capable of ensuring the long term financial success of the center. Prepared by: Philip Drell /tm 4 RESOLUTION NO. 98-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND AMENDMENT TO A DEVELOPMENT PLAN FOR A 183,094 SQUARE FOOT EXPANSION TO THE PALM DESERT TOWN CENTER AND 956 SPACE SINGLE LEVEL PARKING DECK. PROJECT INVOLVES ADDITIONAL RETAIL SPACE, 2,200 SEAT THEATER EXPANSION AND ELIMINATION OF ICE RINK AND CHILD CARE FACILITY. PROJECT LOCATED ON PROPERTY GENERALLY BOUNDED BY HIGHWAY 1 1 1 , MONTEREY AVENUE, TOWN CENTER WAY AND RANCHO GRANDE DRIVE. CASE NO. DP 12-79 AMENDMENT WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th day of August, 1998, hold a duly noticed public hearing to consider the request of TrizecHahn/Palm Desert, Inc., for the above mentioned project; and WHEREAS, the Planning Commission of the City of Palm Desert on August 18, 1998, has recommended approval of said project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined that the project will not have a significant impact on the environment and a Negative Declaration of Environmental Impact has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify approval of said amendment: 1 . The project is consistent with goals and objectives of the Commercial Core Area Specific Plan, General Plan and the intent and purpose of the Regional Commercial District section of the Zoning Ordinance. 2. The design of the project will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 3. The project will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 4. The project will not endanger the public peace, health, safety or general welfare. RESOLUTION NO. 98-102 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That approval of DP 12-79 Amendment and Negative Declaration of Environmental Impact, Exhibit A attached hereto, is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 98-102 CONDITIONS OF APPROVAL CASE NO. DP 12-79 AMENDMENT Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year 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. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 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: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and Department of Community Development. 6. All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 3 RESOLUTION NO.98-102 8. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 9. Final landscape plans shall comply with the parking lot tree planting master plan. 10. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. 11 . Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801 ) and the approved landscape plan. 12. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and school mitigation fees. 13. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee ($1 .00 per square foot)? Department of Public Works: 1 . Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. 2. Construction of all private driveways and parking lots shall be inspected by the Department and a standard inspection fee paid prior to the issuance of a grading permit. 3. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading permit. 4 RESOLUTION NO. 98-102 4. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works and/or Caltrans. 5. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 6. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. "As-built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. 7. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 8. Those mitigation measures identified in the project Traffic Impact Study as approved by the Department of Public Works shall be considered as project conditions of approval. 9. Applicant shall comply with Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20 Stormwater Management and Discharge Control. Riverside County Fire Department: Applicant/developer shall comply with all conditions imposed by the Riverside County Fire Marshal. 5 RESOLUTION NO. 98-102 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: DP 12-79 APPLICANT/PROJECT SPONSOR: TrizecHahn/Palm Desert, Inc. 4350 La Jolla Drive, Suite 400 San Diego, CA 92122-1233 PROJECT DESCRIPTION/LOCATION: Amendment to a development plan for a 183,094 square foot expansion to the Palm Desert Town Center and 956 space single level parking deck. Project involves additional retail space, 2,200 seat theater expansion and elimination of ice rink and child care facility. Project located on property generally bounded by Highway 1 1 1 , Monterey Avenue, Town Center Way and Rancho Grande Drive. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT /tm 6 • CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: PLANNING COMMISSION FROM: PHILIP DRELL, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 18, 1998 CONTINUED FROM JUNE 2, JULY 7, AND AUGUST 4, 1998 APPLICANT: TRIZECHAHN/PALM DESERT, INC. 4350 LA JOLLA VILLAGE DRIVE, SUITE 400 SAN DIEGO, CA 92122-1233 CASE NO: DP 12-79 AMENDMENT • DISCUSSION: A. ARCHITECTURE The applicant has made significant advances toward refining their design for remodeling and expansion of the mall. Plans were presented to the Architectural Review Commission August 11 . In general the ARC was pleased with the general direction of the project with one notable exception. The new 18 screen stadium seating theater complex constructed at grade would be 70 feet in height and extend to within 125 feet of the northerly property line. The structure dimensions are simply the result of the physical internal space requirements of theaters on two levels and were presented essentially as a box with a minimum of architectural detail. The ARC questioned the appropriateness and practical necessity of this approach suggesting a combination of lowering the structure below grade, tiering the elevations, and installation of tall palms to mitigate the building's height and mass. The applicant will be addressing these concerns and will be presenting a photographic study illustrating the visual impact of the structure. B. TRAFFIC The final draft of the traffic study has been completed (see attached executive summary). It originally identified potentially significant impacts on the three intersections: Highway 1 1 1/Town Center Way, Highway 1 1 1 /Plaza Way and Monterey/San Gorgonio. With proposed improvements to these intersections, STAFF REPORT CASE NO. DP 12-79 AMENDMENT AUGUST 18, 1998 impacts would be reduced to a level of insignificance. The study identified numerous other potential traffic problems in the vicinity of the project which will result from generalized growth in traffic volumes caused by other planned developments in Palm Desert and Rancho Mirage. The city traffic engineer will be available at the meeting to discuss traffic improvements within our capital improvement program designed to address these future problems. II. CONCLUSION: The overall scope of the project has now been sufficiently defined to warrant action on the application. It is clear that the project is necessary to insure the long term success of the Town Center and is vital to the economic well being of the city. While significant architectural issues remain regarding the theaters, the overall plan can be recommended for approval to the City Council with the provision that the commission have the opportunity to review and comment on architectural design and landscaping solutions. While this procedure is unusual, certain significant economic issues involving the construction schedule dictate a phased review process. III. RECOMMENDATION: Approve findings and adopt Planning Commission Resolution No. , recommending approval to City Council DP 12-79 Amendment, subject to conditions. PHILIP DRELL DIRECTOR OF COMMUNITY DEVELOPMENT /tm 2 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND AMENDMENT TO A DEVELOPMENT PLAN FOR A 183,094 SQUARE FOOT EXPANSION TO THE PALM DESERT TOWN CENTER AND 956 SPACE SINGLE LEVEL PARKING DECK. PROJECT INVOLVES ADDITIONAL RETAIL SPACE, 2,200 SEAT THEATER EXPANSION AND ELIMINATION OF ICE RINK AND CHILD CARE FACILITY. PROJECT LOCATED ON PROPERTY GENERALLY BOUNDED BY HIGHWAY 1 1 1 , MONTEREY AVENUE, TOWN CENTER WAY AND RANCHO GRANDE DRIVE. CASE NO. DP 12-79 AMENDMENT WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 2nd day of June, 1998, hold a duly noticed public hearing and continued public hearings on July 7, August 4 and August 18, 1998, to consider the request of HAHN/PALM DESERT INC., for the above mentioned project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined that the project will not have a significant impact on the environment and a Negative Declaration of Environmental Impact has been prepared; and 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 recommending to City Council approval of said amendment: 1 . The project is consistent with goals and objectives of the Commercial Core Area Specific Plan, General Plan and the intent and purpose of the Regional Commercial District section of the Zoning Ordinance. 2. The design of the project will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 3. The project will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 4. The project will not endanger the public peace, health, safety or general welfare. PLANNING COMMISSION RESOLUTION NO. 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 of the Commission in this case. 2. That approval of DP 12-79 Amendment and Negative Declaration of Environmental Impact, Exhibit A attached hereto, is hereby recommended to City Council, subject to conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of August, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SONIA M. CAMPBELL, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. DP 12-79 AMENDMENT Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year 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. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 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: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal - Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and Department of Community Development. 6. All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 3 PLANNING COMMISSION RESOLUTION NO. • 8. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 9. Final landscape plans shall comply with the parking lot tree planting master plan. 10. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. 11 . Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801 ) and — the approved landscape plan. 12. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and school mitigation fees. 13. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee ($1 .00 per square foot)? Department of Public Works: 1 . Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. 2. Construction of all private driveways and parking lots shall be inspected by the Department and a standard inspection fee paid prior to the issuance of a grading permit. 3. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading permit. 4 PLANNING COMMISSION RESOLUTION NO. 4. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works and/or Caltrans. 5. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 6. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. "As-built" plans shall be submitted to, and approved by; the Director of Public Works prior to the acceptance of the improvements by the City. 7. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 8. Those mitigation measures identified in the project Traffic Impact Study as approved by the Department of Public Works shall be considered as project conditions of approval. 9. Applicant shall comply with Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20 Stormwater Management and Discharge Control. Riverside County Fire Department: Applicant/developer shall comply with all conditions imposed by the Riverside County Fire Marshal. 5 ' • PLANNING COMMISSION RESOLUTION NO. EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: DP 12-79 APPLICANT/PROJECT SPONSOR: TrizecHahn/Palm Desert, Inc. 4350 La Jolla Drive, Suite 400 San Diego, CA 92122-1233 PROJECT DESCRIPTION/LOCATION: Amendment to a development plan for a 183,094 square foot expansion to the Palm Desert Town Center and 956 space single level parking deck. Project involves additional retail space, 2,200 seat theater expansion and elimination of ice rink and child care facility. Project located on property generally bounded by Highway 1 1 1 , Monterey Avenue, Town Center Way and Rancho Grande Drive. The Director of the Department of Community Development, City of Palm Desert, California, has found -that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT /tm • INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Phil Drell FROM: Richard J. Folkers, Asst. City Manager/Public Works Director SUBJECT: DP 12-79 AMENDMENT; PALM DESERT TOWN CENTER DATE: August 13, 1998 The following should be considered conditions of approval for the above-referenced project: (1) Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. (2) Construction of all private driveways and parking lots shall be inspected by the Department and a standard inspection fee paid prior to the issuance of a grading permit. (3) A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading permit. (4) Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works and/or Caltrans. (5) In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. (6) As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. "As-built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. (7) The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. (8) Those mitigation measures identified in the project Traffic Impact Study as approved by the Department of Public Works shall be considered as project conditions of approval. (9) Applicant shall comply with Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20 Stormwater Management and Discharge Control. g g ' ../i-- ICHARD J. FOLKERS, P.E. (jsg\dp12-79pd.cnd) DP 12-79 AMENDMENT INITIAL STUDY DISCUSSION ON IMPACTS AND MITIGATION MEASURES ENVIRONMENTAL EVALUATION CHECKLIST COMMENTS AND POSSIBLE MITIGATION MEASURES (CATEGORIES PERTAIN TO ATTACHED CHECKLIST) The project involves the remodel and 21 % expansion of a 16 year old 850,944 square foot regional mall. The original project was the subject of an Environmental Impact Report certified October 25, 1979. Project was completed in 1983 and all mitigation measures identified in the EIR were implemented. During the 16 year operation of the facility there has not been any significant adverse impacts. Since the subject proposed project will be of the same nature and will occur totally within the existing development envelope, the only significant impacts identified in this initial study involve the incremental increase in vehicular traffic generated by the expansion and the aesthetic impacts resulting from the building expansion and parking deck construction. In all other respects the project will remain consistent with the original project analyzed by the EIR and as constructed in 1983. IV. TRANSPORTATION/CIRCULATION The project will potentially result in increased vehicular trips which may result in significant adverse impacts on streets and intersections adjacent and in the vicinity of the project. A traffic study was conducted which analyzed project impact on 16 intersections (see attached). Project traffic was determined to have a significant adverse impact on three of these intersections. Mitigation measures have been proposed which will reduce those impacts to a level of insignificance. These mitigation measures will be included as project conditions of approval to be implemented prior to completion. The expansion will result in increased demand for parking. The construction of a 959 space parking deck will maintain the existing parking ratio approved for the original project. In addition, the overall efficiency of the parking supply will be increased by the improved proximity of the additional parking to the retail buildings. A parking management plan will also be developed creating incentives for better utilization of currently underutilized remote parking areas. XII. AESTHETICS The construction of the parking deck and two story theater will potentially impact views to the south for homes on Rancho Grande. While these impacts are unavoidable, they will be mitigated to a level of insignificance through enhancement of the existing landscaping screen on the south side of Rancho Grade installed with the original development and architectural design of the parking structure and theater. DP 12-79 AMENDMENT INITIAL STUDY DISCUSSION ON IMPACTS AND MITIGATION MEASURES The parking lot lighting to be installed on the parking deck could potentially create glare impacts on the adjacent residents on Rancho Grande. The structure will be setback 110 feet from nearest residential property. Stringent conformance to the City lighting ordinance which limits light trespass from commercial parking lots into residential areas to a maximum .25 foot candle will mitigate potential lighting impacts to a level of insignificance. 2 w MINUTES PALM DESERT PLANNING COMMISSION JULY 7, 1998 present location. She felt that everyone in the long run would be very happy and she was strongly in favor of the project. She asked for a motion. Commissioner Jonathan clarified that the Lucky store hours would be from 6:00 a.m. to midnight. He also stated that he respected Commissioner Finerty's statements and he was actually in agreement with them. The only reason he was voting in favor of the project was because it isn't a perfect world and if it were he would certainly want something that would guarantee no vacancy, that Sagewood residents would be happy with it, that there wouldn't be additional traffic, and so forth. Those were all very valid concerns and he was in agreement with them. The only reason he was voting in favor of the project was because he thought it was the best alternative for that particular site given the other alternatives they have considered in the past. He appreciated her comments. He stated that he would move for approval as presented and amended by staff relative to the potential time extension. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Beaty, approving the findings as presented by staff. Motion carried 4-1 (Commissioner Finerty voted no). It was moved by Commissioner Jonathan, seconded by Commissioner Beaty, adopting Planning Commission Resolution No. 1873, recommending to City Council approval of GPA 97-6, C/Z 97-1 and PP 97-12, subject to conditions as amended. Motion carried 4-1 (Commissioner Finerty voted no). CHAIRPERSON CAMPBELL CALLED A FIVE MINUTE RECESS AT 9:09 P.M. THE MEETING WAS RECONVENED AT 9:13 P.M. B. Continued Case No. DP 12-79 Amendment - HAHN/PALM DESERT, INC., Applicant Request for approval of a Negative Declaration of Environmental Impact and amendment to a Development Plan for a 172,562 square foot expansion to the Palm Desert Town Center and 956 space single level parking deck. Project involves additional retail space, 2,200 seat theater expansion and elimination of ice rink and child care facility. Project located on property generally bounded by Highway 1 1 1 , Monterey Avenue, Town Center Way and Rancho Grande Drive. 36 MINUTES PALM DESERT PLANNING COMMISSION JULY 7, 1998 Mr. Drell explained that the Palm Desert Town Center was built in 1 982-1983 and for various reasons there were changes in the structure of the retail shopping center market for the current financing of the center and very little improvements have occurred since the original construction. As a result the project has lost a market share in an otherwise expanding retail market. It has gotten to the point where the original developer (TrizecHahn) was proposing a major redesign to try and regain its preeminent position as the prime retail shopping center in the Coachella Valley. They were slowly developing their concept and the key to the expansion would be the creation of an entertainment component within the construction/redesign of the theaters and they would discuss that. The main purpose of this meeting would be to get exposed to the project and then they would be recommending a continuance to have the design go through the Architectural Commission and come back in August. The major impact of any expansion is, hopefully in this case, increased traffic. The purpose for the investment is to generate more traffic and more sales. The goal of the traffic study was not to decide whether or not the project should proceed, but to decide how best to accommodate the traffic that results. The financial well being of the center and the financial well being of the City of Palm Desert was dependent upon the continued future success and to succeed in the retailing business they had to grow and constantly compete with developments happening around them. A traffic study has been conducted and they were still in the process of review and hoped by the next meeting when this comes back there would be a resolution addressing all of the traffic issues. The second issue was aesthetics. Concerns included the height and mass of the building impact and the typical concerns of views and how the city is perceived. In this particular case staff has a greater concern. They wanted the design to be as effective as possible to accomplish its primary goal which is to make the center successful. Staff would be looking at both those issues, environmental impact issues and economic impacts, and they would hopefully be convinced that what they are proposing to do will accomplish the goal of being successful. At this time that was all he had to say and indicated that the developer and the team of architects were present to introduce the commission to the project. Chairperson Campbell opened the public hearing and asked the applicant to address the commission. MR. SKIP KUHN, the Project Manager for the expansion and remodel of the Palm Desert Town Center, stated that he was with TrizecHahn 37 MINUTES PALM DESERT PLANNING COMMISSION JULY 7, 1998 Centers and his address is 4350 La Jolla Village Drive in San Diego, California. He stated that they were at the meeting to give the commission an overview of the expansion of the project. The design team was present and would expand upon the overview provided by Mr. Kuhn with a lot of the design thrust they were using currently for the exterior of the shopping center and moving forward. The intent was to create a vibrant retail environment that would take them into the next millennium. He said there were several components involved in the expansion of the shopping center. They focused around the fact that they have five department store buildings with three department stores occupying them. Largely as a result of consolidations within the department store business they now have three department stores occupying all five stores. Part of the issue was to consolidate the existing Robinson's May store into one full line fashion presentation into 180,000 feet. That would require the expansion of the western store by approximately 55,000 feet and the sale of their other facility to a department store to be named later. That was in negotiations and since they didn't have anything in writing, he couldn't talk about it. Along with this expansion the Macy's Mens and Home Store was looking to expand by some 22,000 square feet to the north, and the J.C. Penney's store had in their original entitlements to expand by some 50,000 feet on two levels on the eastern side of the project. As part and parcel of the expansion, not only would the entire interior of the shopping center be remodeled, but the intent was to create an entertainment spline that would connect the front parking lot to the south of the project through the shopping center and go all the way through, past the food court and connect it with the parking structure that would be produced on the back side of the project to support all of this expansion. Anchoring the entertainment spline on the south side of the project actually in the depressed area that currently exists on the south side between the Macy's and Robinson's May stores was going to be a pavilion store. It would be a big statement store and would probably include a fine restaurant as well. As they moved through the leasing space within the shopping center, those would be entertainment ancillary uses. At the northern side they would be anchored by a two level stadium seating 18 screen metropolitan theater presentation. It was a state of the art theater presentation using the finest materials that are out in the market today. Stadium seating by its nature required a very tall building. As pointed out by Mr. Drell earlier, this was roughly 70 feet tall owing to 38 MINUTES PALM DESERT PLANNING COMMISSION JULY 7, 1998 the stadium seating itself which allowed seats to step up so that when looking at the screen you aren't looking past someone's head, but over it. It required 34 feet more or less between each floor of the building and that was what accounted for the great height involved. Largely that was the basic overview of the expansion itself. The last piece of the puzzle was the parking structure and it would run from one end of the project to the other and was connected several places. It was a single level deck and would actually be kind of tall in that it would meet the second level of the shopping center which is 17 feet floor to floor approximately. He felt it would provide a lot of close-in parking which was more desirable than the "north 40" that is there today. He said he would introduce the project architect, Mr. Millard Archuleta, a principal in the firm of Feola, Carli & Archuleta and Mr. Archuleta would introduce the rest of the design team. Commissioner Jonathan asked if the design of the parking lot changed since Mr. Kuhn said it would go end to end. Mr. Kuhn explained that the design of the parking structure was in the architect's purview and he would address that aspect. He noted the parking structures were originally separated but based on input from a variety of different departments in the city they suggested they try and connect them. He felt this worked pretty well with the theater layout and allowed them to make that connection so that free flow on the second- level would work. Mr. Kuhn introduced Mr. Archuleta and explained that he was the original architect on the project. MR. MILLARD ARCHULETA, 116 East Broadway in Glendale, California, stated that it has been 20 years now since they first started the initial concept for the Palm Desert Town Center with Ernest W. Hahn and Company. At the time the center was initially conceived this was a state of the art center. After 20 years evolution has now dictated that the center needed to be brought up to date and revitalized and they have been honored and privileged to serve the TrizecHahn Company to implement the revitalization of the Palm Desert Town Center. He wanted to introduce their director of design, Bill Diehl, another project designer Kevin Kanes, the project manager David Bircher, and this was a team that has worked very hard and would continue to work hard to satisfy the requirements of the City of Palm Desert. 39 MINUTES PALM DESERT PLANNING COMMISSION JULY 7, 1998 MR. BILL DEIEL, Feola Carli Archuleta, 8090 Balkan Canyon Road in Somas, California, stated that as suggested by Skip Kuhn they were creating an entertainment spline. Basically they were trying to bring one entry closer to the other one and the way it was planned was by providing an entry off the parking lot that is closer to Highway 1 1 1 . He showed some conceptual plans to the commission. The first showed a section cut through the project and it was cut through the porte coucher that would be off the parking and the area that is now empty would be filled in and they would have a set of escalators and stairs that would take people down and a bridge that would take people across all the way through. At that point was where the two branches really met. The main spline of the shopping center and the entertainment spline was where they would meet and it would cross over into the food court and go out to the outside which would be the entrance from the garage into the cinemas. The next sketch was of the main entry from the parking lot and right now it falls between one of the department stores and May department stores. They were introducing porte couchers that would change the look of the project and with the concept they were trying to get some ideas and they would carry that idea throughout the project. Next was the view of the back part where the theaters would be and the parking garage which was one level. He said it would have a bridge crossing over through another porte coucher to also be used as a marquee for the cinemas and as they were looking at the existing center the background was the two level theater. They showed the lower entry and upper entry with stairs that would lead up into the upper level which was the entrance to the theater. He showed the elevation of the parking that he was talking about. It was one deck and they were thinking about giving it a better look than just plain columns and beams so that it would have a residential feeling. He hoped there would be some trellises on the top for growth and lighting. He said they would try and keep it as low as possible in height, whatever was necessary, and at some point it had to come up to a certain height in order to meet with the existing second level. At one point it would probably be 14 or 15 feet high and where it came toward the residential area they would drop it as low as 12 feet so that it would not be seen by the residents on the other side of the wall. 40 MINUTES PALM DESERT PLANNING COMMISSION JULY 7, 1998 Commissioner Beaty asked for them to outline the parking deck on the site plan. They did so. MR. KEVIN KANES, 3855 Riverton Avenue in Studio City, California, addressed the commission and stated that he worked with Mr. Deiel. He said the object of the drawing was to indicate the impact the cinema structure would have on the adjoining street, Rancho Grande Drive. He explained that he constructed a computer model which is based on the view of a person standing in the middle of Rancho Grande Drive and he chose that because it is a fixed position. He said it was approximately 50 feet to the north of the existing wall on top of a four-foot berm. Right now there was a four-foot berm, six foot wall and varying degrees of density of growth that exists along that wall. He also showed photographs. He indicated that when he constructed this he didn't show the full height of the trees, but a height of growth that would cover the cinema building from that position on the street. In reality the trees would be much higher but he thought it might appear that they were trying to push something on them. When looking at the photographs they could see the existing building sticking over the wall and he took the photographs from the road at various positions and the building was just sticking up over the wall from some of the view points and they could see the height of the trees almost off of the photograph. They were looking at increasing the height of the building some 23 or 24 feet higher than the existing center and the intention was to increase the intensity of the growth where it would have the most severe impact visually and once the density was increased they would have it virtually obliterated from the residential area across the road. He said that if they went very far back from the project they would see the top of that building. He stated that he spent considerable time thinking about this structure and his thoughts were that with the height of the existing building, he was attempting to layer the look of the building architecturally so that it looked like it was stepping back and to also treat a large portion of the upper area in a very negative manner so that it would almost disappear when looking at the structure. He said they would be working with the designer of this portion of the center to make sure the impact is minimized to the largest degree. He thought the effect was largely reduced. He pointed out that the structure would be diagonal to the residential wall to the north instead of being parallel so that just the end of the theater was what they would be looking at. 41 MINUTES PALM DESERT PLANNING COMMISSION JULY 7, 1998 That made the perspective disappear. He asked if there were any questions. Chairperson Campbell asked if on the second level of the parking lot if he was planning to put in any type of trellises. Mr. Kanes replied absolutely. Chairperson Campbell asked if they would see that detail in the drawings at a later date. Mr. Kanes concurred. Commissioner Jonathan noted that the staff report indicated that the City was being asked to contribute some money for the parking structure. He asked if there was an analysis provided on the cost and whether it was even potentially feasiblq to add on a second level to part of or all of the parking structure. He noted that this was brought up at the Economic Development Advisory Committee meeting. Mr. Kuhn replied that literally all that would have to be done by virtue of the way it is constructed is to "beef up" the footings to allow something to be added at a later date. He said it wasn't currently in the plans for the center in a large measure because the additional parking wasn't warranted based on the size of the expansion. Commissioner Jonathan asked if they were certain about that because he thought part of the analysis looked at the expansion only rather than the deficiency that may currently exist. Mr. Kuhn said that was what the traffic study addressed and both Public Works and Mr. Drell were reviewing that now. He said they just received the traffic study last week. Commissioner Jonathan asked if there was a determination made that additional parking is required to meet not only the expansion, but also any potential current deficiency if any exists, if a second level might be a feasible option or would at least be looked at. 42 • MINUTES PALM DESERT PLANNING COMMISSION JULY 7, 1998 Mr. Kuhn agreed. Mr. Drell said there was also another area identified for an additional structure. He noted that structured parking was extremely expensive and they couldn't just build a little of it, they had to build a lot of it and so the big question was whether it was cost effective to do that "beefing up" up front, which was probably easier to do it when pouring the footings initially than coming back later. Mr. Kuhn said there was obviously a premium to doing that, but he didn't think it was out the realm of possibility. Commissioner Jonathan said he didn't have a predisposition on that, but if they find there is a deficiency even after this structure, then he didn't want to wait another 20 years to cure a deficiency. Mr. Drell said they hoped there was a deficiency. Commissioner Jonathan said that would be a good problem and noted that an additional investment would then be warranted. Again, he didn't have a predisposition, but it has crossed his mind and he brought it up for that reason. Commissioner Finerty stated that she has spoken with some adults and teenagers regarding the current theater design and she was told by many that they preferred going to Indio rather than the mall and she asked why. Part of it had to do with the number of kids/teenagers that kind of hang out in the ticket purchasing area. They were often smoking and often hit up other teenagers for money. She was wondering what changes they might be making in the design that would help to address those problems. Mr. Kuhn indicated that currently the ticketing was on the outside of the building and that promoted certain loitering. He said they were relocating the ticket booth to the inside of the shopping center right off of the center court and that would do two things. One, it would promote traffic coming through the shopping center and give the customer more opportunities to impulse shop and cross shop based on their trip of going to the theaters, but it would also cut down (because of their security force) the loitering teens. He said he would pass this information on to Molly Doyle because they have full time security there and they would try and do something about it. 43 MINUTES PALM DESERT PLANNING COMMISSION JULY 7, 1998 Commissioner Jonathan stated that he was very happy to see this take place. He was sure the city would be happy to see continued increased revenues, but from both a planning commissioner's standpoint and just purely a resident's standpoint, the mall has always been a wonderful thing to have, a wonderful resource and place to go and do things, buy things, etc. But it has had its attendant problems and he could see prospectively those problems being solved. It was a real improvement to our quality of life so he was happy to see that hopefully it was finally coming about. Chairperson Campbell felt that the Commission was behind them 100% to support this project, but they needed a lot more information, drawings and so forth. Chairperson Campbell asked if there were any other questions. There were none. Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one. Chairperson Campbell indicated that the public hearing would remain open and would entertain a motion of continuance to August 4, 1998. Mr. Drell asked if the Commission wanted to go on record in a formal way by minute motion that they are generally in support of the direction the applicant's going. The applicants might wish a formal action of support. Chairperson Campbell asked for a motion. Commissioner Jonathan stated that he would present a motion indicating conceptual support for the proposed project pending submission of the architectural design and he noted there were other issues that may or may not arise, but conceptually he felt they were in support of the proposed project. Chairperson Campbell stated that she would second that motion. Commissioner Finerty requested that the motion be amended to include the traffic impact study, the memo from Dick Folkers. Her concern had to do with the recent Walgreens issue with the amount of parking and traffic that would be generated and there were people who enter the mall from San Gorgonio and the Palma Village Specific Plan references the possibility that San Gorgonio might close. She asked if the motion could be amended to include the issues raised in Mr. Folkers' July 7 memo. Mr. Drell stated that it went without saying that the resolution of the traffic issue would be part of the final approval action. Commissioner Jonathan felt there would be a number of significant issues and certainly traffic would be one of them, the parking would be one, the height, and he was sure some people would be objecting and they 44 MINUTES PALM DESERT PLANNING COMMISSION JULY 7, 1998 would be looking at the aesthetics, etc. They could add all of the above. He said the motion was for conceptual support and certainly in a conceptual sense they were in support but it would be subject to resolution of all issues that may arise in the approval process. He said the motion could be that they indicate conceptual approval subject to resolution of all issues that may come up in the approval process. Commissioner Finerty said she would second that motion. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Finerty, indicating conceptual support for the proposed project subject to resolution of all issues, and continuing the public hearing to August 4, 1998. Motion carried 5-0. C. Case No. TT 28861 - SUNRISE COMPANY, Applicant Request for approval of Vesting Tentative Tract 28861 to subdivide six (6) existing lots into seven (7) single family lots on the east side of Mesa Grande Drive, south of Tomahawk Drive in Indian Ridge Country Club. Mr. Drell noted that the commission had the report and indicated that basically the request was in response by Sunrise to the market conditions there and staff recommended approval. Chairperson Campbell opened the public hearing and asked the applicant to address the commission. MR. PHILLIP SMITH, President of Sunrise Company's Coachella Valley Division, stated that he was present to answer any questions. There were none. Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. Chairperson Campbell asked for commission comments. Action: It was moved by Commissioner Finerty, seconded by Commissioner Beaty, approving the findings as presented by staff. Motion carried 5-0. 45 r MINUTES PALM DESERT PLANNING COMMISSION JUNE 2, 1998 Chairperson Campbell asked if Mr. Bartlett would like a continuance to July 7, 1998. Mr. Bartlett concurred. It was moved by Commissioner Jonathan, seconded by Commissioner Beaty, amending the motion to continue Case Nos. GPA 97-6, C/Z 97-1 and PP 97- 12 to July 7, 1998 by minute motion. Motion carried 5-0. D. Case No. DP 12-79 Amendment - HAHN/PALM DESERT, INC., Applicant Request for approval of a Negative Declaration of Environmental Impact and amendment to a Development Plan for a 172,562 square foot expansion to the Palm Desert Town Center and 956 space single level parking deck. Project involves additional retail space, 2,200 seat theater expansion and elimination of ice rink and child care facility. Project located on property generally bounded by Highway 1 1 1 , Monterey Avenue, Town Center Way and Rancho Grande Drive. Chairperson Campbell noted that the applicant requested a continuance to June 16, 1998. She asked if anyone wished to address the Commission regarding this item. There was no one. Mr. Drell said that basically the project involved construction of a single deck parking structure on the back of the center. One thing staff didn't have was the engineering or elevations to show the Commission what it would look like. If residents wanted to leave their names or phone numbers, as soon as the information was received he would give them a call so they could come down and look at them. He felt that residents on Rancho Grande would be most affected by the parking structure. He said there were time constraints on the process conveyed to staff by the applicant and continuance to July would be a problem. He said they would try and make due with three commissioners on June 1 6. Commissioner Jonathan pointed out that was up to the Commission. The applicant wasn't present to express that desire and he would like the project continued to July 7. They have waited 12 years to address the parking problem and in his opinion he felt they could wait another two weeks. Chairperson Campbell asked if he would like to make that a motion. Mr. Drell said that if the applicants were at they meeting they would stand up and say 36 , r MINUTES PALM DESERT PLANNING COMMISSION JUNE 2, 1998 they had financial constraints. Commissioner Jonathan felt that if those constraints were serious enough they should have been at the meeting. He didn't feel this project would hinge on two weeks. Speaking for himself, he would like to participate and beyond that he felt they would be better serving the community with all five commissioners present to give input. He asked if the public hearing needed to be opened before he made a motion to continue the public hearing. Chairperson Campbell noted that no one wanted to address the Commission at this time. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Finerty, continuing DP 12-79 Amendment to July 7, 1998, by minute motion. Motion carried 5-0. E. Case No. TT 28846 - WINMAR PALM DESERT, LLC, AND GL LAND ,HOLDINGS, Applicants Request for approval of reconfiguration and expansion of 12 lots to create 15 lots north and east of Wikil Place within "Mountains at Bighorn". Mr. Joy noted that this was probably one of the most subdivided pieces of property within the city and now they were getting ready to build. He said this appeared to be the final lot configuration for this area and as he mentioned in the staff report, with the creation of 15 lots they would still be well within the limit of the number of lots that could be developed within Bighorn Golf Club, which was now being referred to as the Mountains at Bighorn. A similar subdivision occurred across the fairway approximately one year ago and there was some opposition. This time some of the opposition were actually applicants in the case. Staff hadn't heard any complaints and the project still met all the minimum lot standards and setback requirements. Staff recommended approval and asked for questions. There were none. Chairperson Campbell opened the public hearing and asked the applicant to address the Commission. MR. BOB ROSS, RBF Engineering, 74-410 Highway 1 1 1 in Palm Desert, stated that he is the engineer for the Bighorn development. He felt this 37 PLANNING COMMISSION RESOLUTION NO. 1890 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND AMENDMENT TO A DEVELOPMENT PLAN FOR A 183,094 SQUARE FOOT EXPANSION TO THE PALM DESERT TOWN CENTER AND 956 SPACE SINGLE LEVEL PARKING DECK. PROJECT INVOLVES ADDITIONAL RETAIL SPACE, 2,200 SEAT THEATER EXPANSION AND ELIMINATION OF ICE RINK AND CHILD CARE FACILITY. PROJECT LOCATED ON PROPERTY GENERALLY BOUNDED BY HIGHWAY 1 1 1 , MONTEREY AVENUE, TOWN CENTER WAY AND RANCHO GRANDE DRIVE. CASE NO. DP 12-79 AMENDMENT WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 2nd day of June, 1998, hold a duly noticed public hearing and continued public hearings on July 7, August 4 and August 18, 1998, to consider the request of HAHN/PALM DESERT INC., for the above mentioned project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined that the project will not have a significant impact on the environment and a Negative Declaration of Environmental Impact has been prepared; and 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 recommending to City Council approval of said amendment: 1 . The project is consistent with goals and objectives of the Commercial Core Area Specific Plan, General Plan and the intent and purpose of the Regional Commercial District section of the Zoning Ordinance. 2. The design of the project will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 3. The project will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 4. The project will not endanger the public peace, health, safety or general welfare. PLANNING COMMISSION RESOLUTION NO. 1890 f NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm I Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That approval of DP 12-79 Amendment and Negative Declaration of Environmental Impact, Exhibit A attached hereto, is hereby recommended to City Council, subject to conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of August, 1998, by the following vote, to wit: AYES: BEATY, JONATHAN, CAMPBELL NOES: FINERTY ABSENT: FERNANDEZ ABSTAIN: NONE )1C SONIA M. CAMPBELL, Chairperson ATTEST: PHILIP DRELL, cretary Palm Desert Planning Commission f L-., 2 PLANNING COMMISSION RESOLUTION NO. 1890 CONDITIONS OF APPROVAL CASE NO. DP 12-79 AMENDMENT Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the department of community develo ment/plannin g, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year 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. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 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: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and Department of Community Development. 6. All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 3 PLANNING COMMISSION RESOLUTION NO. 1890 r , ti 8. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 9. Final landscape plans shall comply with the parking lot tree planting master plan. 10. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. 11 . Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801 ) and the approved landscape plan. 12. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and school mitigation fees. 13. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee ($1 .00 per square foot)? Department of Public Works: 1 . Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. 2. Construction of all private driveways and parking lots shall be inspected by the Department and a standard inspection fee paid prior to the issuance of a grading permit. 3. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading permit. 4 PLANNING COMMISSION RESOLUTION NO. 1890 4. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works and/or Caltrans. 5. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 6. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. "As-built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. 7. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 8. Those mitigation measures identified in the project Traffic Impact Study as approved by the Department of Public Works shall be considered as project conditions of approval. 9. Applicant shall comply with Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20 Stormwater Management and Discharge Control. Riverside County Fire Department: Applicant/developer shall comply with all conditions imposed by the Riverside County Fire Marshal. 5 PLANNING COMMISSION RESOLUTION NO. 1890 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: DP 12-79 APPLICANT/PROJECT SPONSOR: TrizecHahn/Palm Desert, Inc. 4350 La Jolla Drive, Suite 400 San Diego, CA 92122-1233 PROJECT DESCRIPTION/LOCATION: Amendment to a development plan for a 183,094 square foot expansion to the Palm Desert Town Center and 956 space single level parking deck. Project involves additional retail it space, 2,200 seat theater expansion and elimination of ice rink and child care facility. Project located on property generally bounded by Highway 1 1 1 , Monterey Avenue, Town Center Way and Rancho Grande Drive. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. • 71-444-143, 1998 PHILIP DRELL DATE DIRECTOR 0 COMMUNITY DEVELOPMENT /tm 6 —..'IRONMENTAL CHECKLIST FORivi 1 . Project Title: DP 12-79 Amendment 2. Lead Agency and Name and Address: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 3. Contact person and Phone Number: Philip Drell Director of Community Development (760) 346-061 1 ext. 481 4. Project Location: Property bounded by Highway 1 1 1, Monterey Avenue, Town Center Way and Rancho Grande Avenue. 5. Project Sponsor's Name and Address: TrizecHahn/Palm Desert Inc. 4350 La Jolla Drive, Suite 400 San Diego, CA 92122-1233 6. General Plan Designation: Regional Commercial 7. -- Zoning: PC-3 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheet(s) if necessary.) Amendment to a development plan for an existing 850,631 square foot enclosed regional retail mall adding 183,094 square feet of net leasable area and construction of a 950 ± space parking deck. Project involves additional retail space, 2200 seat theater expansion and elimination of an ice rink and child care facility. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings. Attach additional sheet(s) if necessary.) NORTH: SINGLE FAMILY RESIDENTIAL SOUTH: REGIONAL COMMERCIAL EAST: GENERAL COMMERCIAL AND OFFICE PROFESSIONAL WEST: REGIONAL COMMERCIAL 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Caltrans. While the project itself will not require other agency approvals, required traffic mitigation measures on State Highway 111 will require Caltrans approval. CITY/RVPUB/1998/32095 PAGE 1 OF 12 FORM "J" ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use and Planning /Transportation/Circulation ❑ Public Services ❑ Population and Housing ❑ Biological Resources 0 U ' ities and Service Systems 0 Geological Problems 0 Energy and Mineral Resources Aesthetics O Water ❑ Hazards 0 Cultural Resources O Air Quality 0 Noise 0 Recreation ❑ Mandatory Findings of Significance L DETERMINATION (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find thataithough the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s)on the environment, but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a)have been analyzed adequately in an earlier EIR pursuant to applicable standards and(b)have been avoided or mitigated pursuant to that earlier EIR, • including revisions or mitigation measures that are imposed upon the proposed project. ❑ • —'---*TL):OiLt.- Signature ate ) rtc-_--t_L Printed Name For CITY/1997/139904 FORM "J" Page 2 of 12 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a Lead Agency cites following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project- specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The Lead Agency must describe the mitigation measures, and'briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential impacts (e.g:-general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached. Other sources used or individuals contacted should be cited in the discussion. Potentially Issues and Supporting Information Sources: Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? SOURCE(S): b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? Q/ SouRCE(s): c) Be incompatible with existing land use in the vicinity? ❑ SOURCE(S): CITY/1997/139904 FORM "J" Page 3 of 12 Potentially Issues and Supporting Information Sources: Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? sOURCE(S): ❑ ❑ ❑ e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? sOURCE(s): ❑ ❑ ❑ Q/ II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? SOURCE(S): [17 ❑ ❑ ❑ b) Induce substantial growth in an area either directly or indirectly(e.g. through projects in an undeveloped area or extension of major infrastructure)? SOURCE(S): r ❑ ❑ ❑ c) Displace existing housing, especially affordable housing? 0 ❑ ❑ [� --SOURCE(S): III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? sOURCE(s): 0 ❑ 0 b) Seismic ground shaking? SOURCE(s): 0 ❑ 0 Li" c) Seismic ground failure, including liquefaction? SOURCE(S): 0 0 0 [ " d) Seiche, tsunami, or volcanic hazard? SOURCE(S): 0 0 ❑ (/ e) Landslides or mudflows? souRCE(s): ❑ ❑ ❑ 12( f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ❑ ❑ ❑ SOURCE(S): CITY/1997/139904 FORM "J" Page 4 of 12 Potentially Issues and Supporting Information Sources: Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact g) Subsidence of the land? sOURCE(s): ❑ ❑ ❑ h) Expansive soils? SOURCE(S): D D D D/ • i) Unique geologic or physical features? SOURCE(S): ❑ ❑ ❑ IV. WATER. Would the proposal result in: a) Changes in absorption rates, dzainage patterns, or the rate and amount of surface runoff? LsoURCE(s): ❑ ❑ ❑ D, b) Exposure of people or property to water related hazards such as flooding? SOURCE(s): 0" c) Discharge into surface water or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? SOURCE(S): D D ❑ d) Changes in the amount of surface water in any water body? SOURCE(s): ❑ D D D� e) Changes in currents, or the course or direction of water movements? SOURCE(S): ❑ ❑ D d " f) Change in the quality of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? SOURCE(S): ❑ ❑ 0 g) Altered direction or rate of flow of groundwater? 11( ❑ ❑ ❑ SOURCE(s): CITY/1997/139904 FORM "J" Page 5 of 12 Potentially Issues and Supporting Information Sources: Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact h) Impacts to groundwater quality? soURCE(s): ❑ ❑ O i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? SOURCE(S): D ❑ D V. AIR QUALITY. Would the proposal: a) Violate any air qualitystandard or contribute to an existing g or projected air quality violation?SOURCE(S): D ❑ D 11( b) Expose sensitive receptors to pollutants? SOURCE(S): ❑ ❑ D c) Alter air movement, moisture, or temperature, or cause any change in climate? SOURCE(s): D D ❑ • d) Create objectionable odors? SOURCE(S): D D D VI. TRANSPORTATION/CIRCULATION. Would the Po ro sal P result in: a) Increased vehicle trips or traffic congestion? SOUR p CES : g ( ) D � 0 ❑ b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? soURCE(s): ❑ D ❑ ,u,( li c) Inadequate emergency access or access to nearby uses? LJ SOURCES) d) Insufficient parking capacity on-site or off-site? ❑ D D SOURCE(S): e) Hazards or barriers for pedestrians or bicyclists? D D D SOURCE(S): CITY/1997/139904 FORM "J" Page 6 of 12 Potentially Issues and Supporting Information Sources: Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact f) Conflicts with adopted policies supporting alternative transportation(e.g. bus turnouts, bicycle racks)? SOURCE(S): ❑ ❑ E( g) Rail, waterborne or air traffic impacts? SOURCE(S): ❑ ❑ ❑ 13/' VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rat(species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? SOURCE(s): ❑ ❑ • ❑ E77 b) Locally designated species(e.g. heritage trees)? ❑ ❑ ❑ soURCE(S): �. c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? SOURCE(S): ❑ ❑ ❑ d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ❑ ❑ ❑ E77 SOURCE(S): e) Wildlife dispersal or mitigation corridors? SOURCE(S): ❑ ❑ ❑ VIII. ENERGY AND MINERAL RESOURCES. • Would the proposal: a) Conflict with adopted energy conservation plans? ❑ ❑ ❑ soURCE(s): • b) Use non-renewable resources in a wasteful and inefficient manner? SOURCE(S): ❑ ❑ ❑ Ef CITY/1997/139904 FORM "J" Page 7 of 12 • Potentially Issues and Supporting Information Sources: Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact c) Result in the loss of availability of a known mineral resource that would be of future value to the region and / the residents of the State? soURCE(s): D D 0 IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? SOURCE(S): D D D b) Possible interference with an emergency response plan or emergency evacuation plan? soURCE(S): D c) The creation of any health hazard or potential health 7: _,// hazard? sOURCE(s): D D D LId d) Exposure of people to existing sources of potential health hazards? SOURCE(S): D D D e) Increased fire hazard in areas with flammable brush, grass, or trees? SOURCE(s): D D D ^L( • X. NOISE. Would the proposal result in: a) Increases in existing noise levels? SOURCE(S): D 0 0 b) Exposure of people to severe noise levels? sOURCE(s): D D D XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? SOURCE(s): D D D CITY/1997/139904 FORM "J" Page 8 of 12 Potentially Issues and Supporting Information Sources: Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact b) Police protection? sOURCE(s): 0 0 0 d c) Schools? SOURCE(S): ❑ 0 0 II • d) Maintenance of public facilities, including roads? 0 0 0 ri SOURCE(S): e) Other governmental services? OURCE(S): D ❑ ❑ 12( XII. UTILITIES AND SERVICE SYSTEMS. Would the I proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: i a) Power or natural gas? SOURCE(S): .: 0 0 0 T( f. W.. Communications systems? SOURCE(s): D D ❑ ' c) Local or regional water treatment or distribution facilities? SOURCE(S): D D ❑ d) Sewer or septic tanks? SOURCE(s): ❑ ❑ ❑ 12 e) Storm water drainage? soURCE(s): ❑ ❑ 0 !V f) Solid waste disposal? SOURCE(S): D D ❑ 11( g) Local or regional water supplies? SOURCE(S): D( XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? SOURCE(S): D If 0 0 CITY/1997/139904 FORM "J" Page 9 of 12 Potentially Issues and Supporting Information Sources: Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact b) Have a demonstrable negative aesthetic effect? SOURCE(S): 0 0 0 c) Create light or glare? SOURCE(S): 0 CI 0 XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? SOURCE(S): 0 0 p [ b) Disturb archaeological resources? SOURCE(s): 0 O ❑ c) Affect historical resources? soURCE(s): 0 0 0 d) Have the potential to cause a physical change which ' would affect unique ethnic cultural values? 0 0 0 li SOURCE(S): e) Restrict existing religious or sacred uses within the potential impact area? soURCE(S): XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? 0 0 ❑ 12( SOURCE(s): b) Affect existing recreational opportunities? 0 0 0 G7 • SOURCE(s): CITY/1997/139904 FORM "J" Page 10 of 12 XVI. EARLIER ANALYSES. • Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. (Section 15063(c)(3)(D).) In this case a discussion should identify the following: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. Palm Desert Regional Shopping Center Environmental Impact Report certified 10/25/79. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. See attached discussion of potential impacts. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe, on attached sheets, the mitigation measures which were incorpo,rated or refined from the earlier document and the extent to which they address site-specific conditions for the project. See attached discussion of ultimate impacts. CITY/RVPUB/1998/32095 PAGE 11 OF 12 FORM "J" Potentially Issues and Supporting Information Sources: Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major proceeds of California history or prehistory? ❑ ❑ ❑ El b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, / environmental goals? ' ❑ ❑ ❑ Zr/ c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse effects on human • beings, either directly or indirectly? ❑ ❑ Cl CITY/1997/139904 FORM "J" Page 12 of 12 CITY OF PALM DESERT INTEROFFICE MEMORANDUM ' TO: Phil Drell, Director of Community Development FROM: Richard J. Folkers, ACM/Director of Public Works SUBJECT: TOWN CENTER MALL EXPANSION TRAFFIC STUDY DATE: August 14, 1998 The revised executive summary for the Town Center Mall Expansion Traffic Study (attached) has been reviewed. The executive summary identifies the concerns and issues which have been noted to date, and the mitigation measures which have been proposed. The Public Works Department will be available to answer questions regarding the study at the August 18 Planning Commission meeting. If there are any questions regarding the traffic study, please contact Mark Greenwood, Transportation Engineer. / RICHARD J. FOLK , P.E. cc: Joseph S. Gaugush, Engineering Manager Mark Greenwood, Transportation Engineer File r - TRAFFIC IMPACT STUDY EXPANSION OF PALM DESERT TOWN CENTER EXECUTIVE SUMMARY Hahn/Palm Desert, Inc., developer of Palm Desert Town Center, has proposed the expansion of the existing regional center to add 166,375 square feet of retail floor area and 2,200 movie theater seats (approximately eight new screens), and to eliminate the ice rink. The expansion would occur over a period of three years from 1999 to 2002. A parking structure of approximately 960 spaces would be added along the entire length of the north side of the shopping center main building with the following goals: 1) significantly increasing the parking supply within a short walking distance of the expanded movie theaters; and 2) providing shaded spaces for a large number of parkers. In addition, the parking lot northwest of the new parking structure will be enhanced with shade devices to make that area more attractive and convenient to employees parking at the center. To evaluate the traffic impacts of the proposed expansion, the City of Palm Desert staff requested analysis of future traffic operations at 16 intersections during the weekday afternoon peak hours and at eight intersections during the Saturday afternoon peak hours. All but one of the 16 intersections are controlled by traffic signals. The exception is the Plaza Way/EI Paseo intersection, which is controlled by STOP signs on all three approaches. Currently, weekday peak operations are at Level of Service (LOS) B or C at 13 of the 16 study intersections. The operations at the other three intersections are currently at LOS D - Monterey Avenue/Fred Waring Drive; Monterey Avenue/Country Club Drive; and Fred Waring Drive/Portola Street. Saturday peak operations are currently at LOS C at four intersections and at LOS D at the following four intersections - Monterey Avenue/Fred Waring Drive; Highway 111/ Monterey Avenue/Highway 74; Highway 111/Fred Waring Drive; and Fred Waring Drive/ Town Center Way/driveway. The trips that would be generated by each component of the regional center expansion (retail and theater) and the deletion (ice rink) were estimated separately. • The increases in retail component trips were estimated by calculating the 24-hour trips that would be associated with the total future retail area after expansion and, then, subtracting the 24-hour trips associated with the current retail area. The hourly patterns of the increases in retail trips were based on the actual hourly traffic flow experience counted at the two major driveways that serve the center. • The theater and ice rink trips were estimated on the bases of information about the trip characteristics experienced at similar existing, facilities, as published by the Institute of Transportation Engineers (ITE). ARTHUR L. KASSAN, P.E. Consulting Traffic Engineer The gross trips estimates were adjusted to account for internal trips, such as those between the theater and the retail, which would be made on foot with no effect on street traffic flow. The estimates of the net increases in Palm Desert Town Center trips are applicable to "worst-case" conditions during the normal (that is, all but the pre-Christmas) shopping seasons of the year. The directional distribution of regional center traffic was estimated on the basis of the development patterns in the Coachella Valley. The estimated distribution would be as follows: To and from the northwest - 30% To and from the east - 30% To and from the north - 20% To and from the south - 10% To and from the immediate vicinity of the shopping center - 10% 100% The net increases in trips were assigned to the study intersections on the bases of the street network pattern, the locations of the regional center driveways, and the locations of the on-site facilities, such as the expanded theater and the proposed parking structure, both of which would be on the northern side of the regional center. Information about other proposed or approved developments ("related projects") in the vicinity of Palm Desert Town Center was obtained from the cities of Palm Desert and Rancho Mirage. The traffic that would be generated by those developments was estimated and assigned to the study intersections to form part of the foundation of future traffic volumes upon which the "future without regional center expansion"analyses were based. In addition to the traffic that would be generated by the identified related projects, an annual growth factor was added to all current traffic as part of the foundation for the 'future without regional center expansion" analyses. The growth rate recommended by the City staff was 2.5% per year. The impacts of regional center expansion traffic were evaluated by analyzing the future (year 2002) weekday and Saturday peak-hour operations at each intersection without and with the regional center expansion traffic included and, then, comparing the Levels of Service under the two conditions. During the weekday afternoon peak hours in the year 2002, assuming that all of the related projects were in place and that the annual growth rate were maintained, seven of the 16 study intersections would operate at Level of Service (LOS) C or better, and nine of the intersections would operate at LOS D. Those levels would occur without or with the expansion of Palm Desert Town Center. During the Saturday afternoon peak hours in the year 2002, none of the intersections would operate at LOS C or better. Six of the intersections would operate at LOS D, and two would operate at LOS E. Those levels would occur without or with the expansion of Palm Desert Town Center. During both the weekday and Saturday peak hours, the Levels of Service at the study intersections would not change as a result of adding the regional center expansion traffic. Following are the intersections that would operate at LOS D or worse during the peak hours in the year 2002: WEEK DAY PEAK HOUR SATURDAY PEAK HOUR INTERSECTION LEVEL OF SERVICE LEVEL OF SERVICE Highway 111/Monterey D D Avenue/Highway 74 Highway 111/Plaza Way/ C E center driveway Highway 111/Town Center D E Way/ El Paseo Highway 111/ C D Fred Waring Drive Monterey Avenue/Hahn Way/ C D San Gorgonio Way Monterey t ey Avenue/ D D Fred Waring Drive Monterey Avenue/ D Country Club Drive Fred Waring Drive/Town D D Center Way/driveway Fred Waring Drive/ D San Pablo Avenue Fred Waring Drive/ D Portola Street Fred Waring Drive/ D * Deep Canyon Road Highway 74/EI Paseo D D * Not included in the Saturday peak hour study Using the City's adopted criterion for identifying significant impacts, the comparisons of estimated future conditions indicate the following impacts that would be directly attributable ab a to the expansion of Palm Desert Town Center: • During the weekday peak hours, the net increase in regional center traffic would result in a significant impact at one of the 16 study intersections — Monterey Avenue/Hahn Way/San Gorgonio Way; and • During the Saturday peak hours, the net increase in regional center traffic would result in significant impacts at two of the eight study intersections — Monterey Avenue/Hahn Way/San Gorgonio Way; and Highway 111/Town Center Way/EI Paseo. Improvement measures to mitigate the significant impacts at the two intersections are discussed in detail in the report and are summarized as follows. • The recommended measures at Monterey Avenue/Hahn Way/San Gorgonio Way consist of implementing one of two alternative improvements: a) the installation of a new traffic signal at the shopping center's northern driveway to attract some of the traffic away from Hahn Way, opposite San Gorgonio Way, and to provide for traffic that will be leaving the new parking structure and the expanded theater, both of which will be on the northern side of the regional center, near the northern driveway; or b) the widening of Hahn Way, opposite San Gorgonio Way, to provide a third lane for exiting traffic. • The recommended measure at Highway 111/Town Center Way/El Paseo consists of the widening of the eastbound approach of Highway 111 to provide a second left- turn lane for eastbound traffic turning onto northbound Town Center Way. San Gorgonio Way, east of Monterey Avenue, would attract an estimated 2% of the regional center expansion traffic — approximately 95 additional vehicles per day on a weekday, and 120 vehicles per day on a Saturday. Some of that traffic will be to and from the adjacent neighborhood, attracted by the new and expanded facilities at the center. Some will be drivers traveling through the neighborhood to bypass the arterial streets that they should be using. It is not possible to estimate the proportions of neighborhood traffic and through traffic that would use San Gorgonio Way, but efforts should be made to minimize the through traffic. Improving the arterial street network to the feasible optimum would reduce the desire to travel through the neighborhood to save time. Traffic calming measures within the neighborhood would reduce the attractiveness of the local streets as bypass routes. Reconsideration could be given to closing San Gorgonio Way to all traffic at some point east of Monterey Avenue, if a neighborhood consensus favored that and a through traffic problem was documented. The potential long-range impacts of the regional center expansion were evaluated based on estimates of the 24-hour traffic in the year 0 2 10, as provided bythe Coachella Valley Association of Governments. However, it was shown that several sections of the arterial street network in the vicinity of the regional center would operate at worse than LOS C in the year 2010 without or with the center expansion in place, as shown in the following tabulation. LEVEL OF SERVICE STREET SECTION YEAR 2010 Highway 111 Monterey Avenue to Fred Waring Drive E Fred Waring Drive to Bob Hope Drive F Monterey Avenue Highway 111 to Fred Waring Drive E Fred Waring Drive Highway 111 to Monterey Avenue E Monterey Avenue to Deep Canyon Road D Highway 74 Highway 111 to south of El Paseo D The Levels of Service in the year 2010 would be the same without or with the expansion of Palm Desert Town Center. The new regional center traffic would not result in any changes in the future Levels of Service along those arterial streets. The long-term impacts of the regional center expansion traffic would not be significant. CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: July 7, 1998 CASE NO: DP 12-79 Amendment REQUEST: Approval of a Negative Declaration of Environmental Impact and amendment to a Development Plan for a 172,562 square foot expansion to the Palm Desert Town Center and 956 space single level parking deck. Project involves additional retail space, 2,200 seat theater expansion and elimination of ice rink and child care facility. Project located on property generally bounded by Highway 1 1 1 , Monterey Avenue, Town Center Way and Rancho Grande Drive. APPLICANT: Hahn/Palm Desert Inc. 4350 La Jolla Drive, Suite 400 San Diego, CA 92122-1233 BACKGROUND: The Palm Desert Town Center constructed in 1982-83, presently contains 850,944 square feet of leasable area. Other than the completion of the original Robinson's store and some theater additions, the facility is substantially unchanged from its original design. Due to retail industry consolidations the original five major department stores have shrunk to three. The current financial structure of the mall put into place when Ernie Hahn was bought out by TrizecHahn created financial disincentives to any significant new investments in the facility designed to increase sales volume. Lack of new investment coupled with competition and changing retail shopper attitudes have led to substantially lower constant dollar sales values for both the majors and mall shops. The current situation could lead to severe financial consequences for the mall and ultimately the City. TrizecHahn has succeeded in negotiating a solution to the financial problem which will justify a major remodel of the mall including the complete reconstruction and expansion of the theaters to a state of the art stadium seating facility, consolidation of Robinson's May with a 55,375 expansion, approximately 47,000 square feet of additional new interior retail through elimination of the skating rink and child care facility and potential expansion of Penney's (50,000 square feet) and Macy's (20,000 square feet). A new major will occupy the vacated Robinson's May space. STAFF REPORT CASE NO. DP 12-79 AMENDMENT JULY 7, 1998 The overall goal will be to create an entertainment oriented spline bisecting the mall extending from the south parking lot to the theaters. To service the expansion, a 956 space parking deck will be constructed to maintain the current 4.63 spaces/1 ,000 square feet ratio. The close proximity of the new spaces will increase the overall efficiency of the lot. The applicant has requested that the City/Redevelopment Agency contribute $1 1 million for the parking structure. II. IMPACTS: A. IMPACTS • Since the project involves only minor alterations of the original building foot print, potential impacts are confined to increased traffic resulting from the expansion. The goal of the project is to increase sales through the attraction of additional retail traffic. A comprehensive traffic analysis has been conducted which preliminarily indicates increased weekend ADT of 5950 trips and 4700 weekdays. Without mitigation significant impacts will occur at the - San Gorgonio/Monterey, Waring Plaza/Highway 1 1 1 and Highway 1 1/Highway 74 intersections. Proposed intersection improvements should mitigate these impacts. The traffic engineer will be providing a full report. B. AESTHETICS The project will also involve addition of major architectural features at each end of the entertainment spline. These features have not yet been designed. The new theater complex will require a envelope 70-75 feet in height. The current height on the north to the top of the equipment screen is 44 feet. Since we have yet to see detailed architecture for the theater this aesthetic impact cannot be assessed at this time. III. CONCLUSION: Without question the renovations and expansion are vital to the future financial well being of the mall and the City. The overall magnitude and scope of the project should not generate significant adverse impacts on the surrounding area assuming traffic mitigations are implemented and the theater height issue is resolved. Of greater concern to the City is that the project design create a revitalized dynamic retail environment capable of ensuring the long term financial success of the center. 2 STAFF REPORT CASE NO. DP 12-79 AMENDMENT JULY 7, 1998 IV. RECOMMENDATION: By minute motion indicate conceptual support for the proposed project pending submission of architectural design and continue public hearing to August 4, 1998. V. ATTACHMENTS: A. Legal Notice B. June 2, 1998 Planning Commission Minutes C. Original Staff Report and Information from 1979-80 D. Plans • Prepared by` CSC_ Phil Drell /tm- 3