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HomeMy WebLinkAboutRes No 2543PLANNING COMMISSION RESOLUTION NO. 2543 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF: AN AMENDMENT TO RESOLUTION NO. 91-5 REMOVING DEPARTMENT OF COMMUNITY DEVELOPMENT / PLANNING CONDITION NUMBER 10 STATING THAT THE WARING PLAZA COMMERCIAL CENTER SHALL NOT INCLUDE A SUPERMARKET; A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.30 ALLOWING SUPERMARKETS NOT EXCEEDING 70,000 GROSS SQUARE FEET AS A CONDITIONAL USE IN THE REGIONAL COMMERCIAL PC(3) ZONE; EXTERIOR MODIFICATIONS AND A TOWER ELEMENT (AS PROVIDED FOR BY PDMC 25.56.300) TO INCREASE THE WEST TOWER ELEMENT FROM 34 FEET TO 40 FEET; AND APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PROPERTY IS LOCATED AT 72-280 HIGHWAY 111. CASE NOS: ZOA/CUP 10-228 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of February, 2011, hold a duly noticed public hearing to consider the request by Vons, for approval of the above noted; 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. 10-26, the Director of Community Development has determined that the project has required an Environmental Assessment resulting in a Mitigated Negative Declaration, and the Planning Commission recommends approval of the Mitigated Negative Declaration in substantially the form as shown in Exhibit "B"; 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 the recommendation to the City Council of said request: Findings of Approval: 1. That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purpose of the district in which it is located. The proposed location of the project is located in a PC (3), Planned Commercial Regional Center zone. The purpose the PC-3 regional commercial center is to provide a unified area for commercial uses which PLANNING COMMISSION RESOLUTION NO. 2543 offer a wide range of goods and services. Chapter 25.30 of the City of Palm Desert's Zoning Ordinance section 25.30.026 states a supermarket having fifty thousand and one gross square feet or more shall be a prohibited use the PC (3) zone. The proposed zone text amendment to Chapter 25.30 of the Palm Desert Municipal Code to allow supermarkets not exceeding 70,000 gross square feet as conditional uses in the Regional Commercial PC (3) zone, would comply with the zoning ordinance. The proposed text amendment would update and modernize this portion of the City Zoning Ordinance, adapting to the evolving needs of the neighborhood commercial and, more specifically, the supermarkets. While there will continue to be a place for the specialty neighborhood - oriented markets, including such businesses as Bristol Farms, Trader Joe's and Jensen's, such supermarkets as Vons provide scale, affordability and diversity of customer products that is especially appropriate for this location. Larger supermarkets are also needed to compete with and complement the big -box discount centers that have recently ventured into groceries and produce, but which are not conveniently located to nearby residents, especially those of more modest means. By increasing the maximum allowable size of supermarkets to 70,000 square feet, the City will be able to better serve its residents and assure that these businesses can compete in coming years. Additional conditions have been added to the project to ensure that all the minimum requirements of the Palm Desert Municipal Code are met, including Public Works, Building and Safety, and the Fire Department Conditions. 2. That the proposed location of the conditional use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. The proposed Vons is consistent with the intent of the City's Zoning Ordinance as described above. The project has been conditioned to address public health and safety and will require permits from the City's Building and Safety Department, Finance Department, Riverside County Fire Marshal, as well as other local agencies. The project will not physically divide an established community or neighborhood. Based on consideration of the whole, the proposed project does not appear to conflict with any applicable land use plan or policies. The site has been previously designed to meet setbacks, lot coverage, building height (including the west tower), land use, and parking requirements such that it will not be detrimental to the public interest, health, safety, welfare and will not be materially injurious to properties or improvements in the vicinity as described in more detail in the staff report. PLANNING COMMISSION RESOLUTION NO. 2543 A condition of approval has been placed on the project that will require the project proponent to construct all necessary on and off -site infrastructure to provide utilities to the proposed project prior to the issuance of building permits. Water, sanitation and public utilities and services are available in Fred Waring Drive, a public street. An Environmental Assessment leading to a Mitigated Negative Declaration has been prepared which concludes that there will be no adverse environmental effects. 3. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. The proposed use is consistent with the intent of the Zoning Ordinance, except for a zone text amendment to Chapter 25.30 of the Palm Desert Municipal Code, which is simultaneously proposed. The use of a supermarket with a Conditional Use Permit (for the land use), is consistent with the intent of the City's Zoning Ordinance as described in the staff report. The nature of the proposed Vons and supermarket size limit is compatible with surrounding land uses, is a part of and complements and supports the existing commercial center, and provides residences in walkable proximity to neighborhood commercial services. Additionally, conditions have been added to the project to ensure that all the minimum requirements of the Palm Desert Municipal Code are met, including building, landscaping, public works, and the fire department conditions, as well as the mitigated negative declaration. 4. That the proposed conditional use complies with the goals, objectives and policies of the City's General Plan. The General Plan land use designation for the site is C-R (Regional Commercial). A primary objective stated in the General Land Use Goals, Policies and Programs is: Goal 2, which states, a diverse resort residential community of desirable residential neighborhoods and resorts, full commercial services, and institutional uses that complement the employment base and provide a variety of community services and facilities. Palm Desert has developed as the premier commercial retail center of the Coachella Valley, with the Town Center Mall, Desert Crossings and a variety of other retail commercial centers. It is also the home of the premier high -end El Paseo commercial corridor, which has evolved as a unique and unrivaled premier shopping district of the City. The City has also emerged as a highly diverse residential community with residential PLANNING COMMISSION RESOLUTION NO. 2543 product to appeal to a broad socio-economic cross section. The proposed project represents an important consolidation of other supermarkets, including the now vacated Vons at the Rancho Las Palmas shopping center in Rancho Mirage. The proposed Vons fulfills an important need for City residents, fills a currently vacant retail space, enhances the function and desirability of Waring Plaza, and complement the local employment base of the City. With proper management of the Vons loading area, including lighting and delivery times, the proposed Vons can be made compatible with the surrounding residences without adversely affecting the quality of life of residents living in the vicinity. The relocation of Vons to this location can also enhance its availability to local residents, including those of lower income where pedestrian access to neighborhood commercial services can be very important. Goal 3 of the General Land Use Goals, Policies, and Programs states, an appropriate mix of commercial, resort and other revenue -generating land uses that will continue to fund a high level of community development activities, services and facilities in the City. The proposed project addresses a current need of the City and vicinity in that it allows Vons to continue to occupy space in the community in a currently vacant building that provides the space needed by modern supermarkets. It will also have important direct and indirect impacts on City revenues by generating retail sales and enhancing the sales potential of the existing and future Waring Plaza businesses. Policy 3 of the General Land Use Goals, Policies, and Programs states, the City shall integrate land use analysis and planning with economic and fiscal analysis as an essential part of development of a master strategic plan for economic development. In considering the appropriateness of the proposed use, the City balances the land use and planning issues with those associated with maintaining a strong local economy that generates a revenue stream to support community facilities and services. The proposed use broadens and strengthens the City economic base and is consistent with the City's economic development strategies. Policy 4 of the General Land Use Goals, Policies, and Programs states, every opportunity shall be exploited to enhance the character and viability of the City's commercial areas, including Highway 111, El Paseo, the University Park planning area and the Interstate-10 corridor, by integrating nearby higher density residential uses with retail and office/business park land uses. The proposed project is expected to have a very positive effect on the business district comprised on Waring Plaza, Desert Crossing and other PLANNING COMMISSION RESOLUTION NO. 2543 City commercial areas in the vicinity. By integrating the Vons with existing higher density residential, including One Quail Place, the project helps to meet this and similar General Plan polices. The project has the potential to enhance the viability of this part of the City's commercial area. Goal 2 of the Residential Land Use Goals and Policies states, the preservation and enhancement of the City's existing neighborhoods. The proposed Vons does not separate or significantly affect existing neighborhoods in the planning area. Residential developments to the east and north are all composed of internally oriented one-story single-family neighborhoods. Project traffic, including delivery trucks, should have little or no impact on existing neighborhoods. The proposed project does not separate or divide an existing neighborhood but rather helps to provide convenient access is needed neighborhood commercial services. Policy 3 of the Residential Land Use Goals and Policies states, the City shall encourage in -fill development on lands located adjacent to or near existing residential areas and utilities to maximize the efficient utilization of land and infrastructure. Shopping centers constitute the commercial infrastructure that supports the residents and their needs. Over the past two decades, the subject property has seen a variety of retail users, which has includes business that have not been able to remain viable in the long-term. In addition to providing a much -needed boost to retail activity at Waring Plaza, the project also provides needed day-to-day commercial services and associated amenities that will also be conveniently available to local residents. Goal 1 of the Commercial Land Use Goals and Policies states, an integrated and complementary mix of commercial land uses that meet the day-to-day needs of local residents, fully exploit opportunities to serve the regional retail commercial market, and provide hospitality and tourist commercial development opportunities. The proposed project appears to be an appropriate integration of neighborhood, residential -serving commercial services within easy walking distance of homes to the north and east. Both the residents and others working in the vicinity are also expected to make expenditures at the new Vons and keep associated retail sales revenues in the City. Goal 2 of the Commercial Land Use Goals and Policies states, a pattern of commercial land uses conveniently and appropriately distributed throughout the City, meeting the community's needs while minimizing the disruption to or incompatibilities with other land uses. PLANNING COMMISSION RESOLUTION NO. 2543 As a part of the Fred Waring and Highway 111 commercial corridors, the proposed Vons should compliment and create synergies with the other retail businesses at Waring Plaza and the vicinity. This enhanced mix of commercial services provides vertical integration between general retail, dining and neighborhood commercial uses supports the City's overall retail commercial and strengthens local fiscal conditions. By keeping more commercial traffic within such an integrated center, surrounding neighborhoods are less impacted by additional traffic. As noted above and in the discussion under "Aesthetics", the surrounding residential developments are internally oriented, generally turning their backs on the subject property. 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 Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of ZOA/CUP 10-228, subject to the conditions. 3. That a Mitigated Negative Declaration of Environmental Impact (Exhibit B attached hereto), is hereby certified. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of February, 2011, by the following vote, to wit: AYES: TANNER, SCHMIDT AND DE LUNA NOES: LIMONT ABSENT: CAMPBELL ABSTAIN: M CONNOR LIMONT, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. 2543 CONDITIONS OF APPROVAL CASE NO: ZONCUP 10-228 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. 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 City Fire Marshal Public Works Department Riverside County Health Department Building and Safety 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. 3. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable waste company and Department of Community Development and shall include a recycling program. 4. Delivery hours for the supermarket shall be limited to 8:00 a.m. to 10:00 p.m. 5. No deliveries/pickups shall be made to and/or from any part of the property between the hours of 10:00 p.m. and 8:00 a.m. No trucks or other delivery vehicles may, stage stand or wait on the site any time unless actively engaged in loading/unloading and parked within the loading area. 6. All Delivery trucks and vehicles shall enter the premises via Parkview Drive only, no access from Fred Waring Drive. 7. Store hours for the supermarket shall be limited to 6:00 a.m. to 12:00 p.m. (midnight) seven days a week. 8. That the building colors be consistent with those shown on the material sample board and the design is consistent as approved by the Architectural Review Commission. 9. That any future restaurants on the site shall provide an effective means of odor control from cooking units satisfactory to the Planning and Building Departments prior to issuance of building permit. PLANNING COMMISSION RESOLUTION NO. 2543 10. That all signs on site be approved by the Architectural Review Commission and conform to the ordinance requirements. 11. 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. 12. 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. 13. All sidewalk plans shall be reviewed and approved by the department of public works. 14. All Landscaping and lighting for the facility shall be strictly on site and will not intrude onto surrounding properties. 15. The plant selection is in conformance with the City's Desert Floral Palette and a final landscaping plan must be reviewed and approved by the City's Landscaping Manager before building permits are issued. 16. The owner shall be responsible for installation and maintenance of landscaping of the property, as indicated on the approved landscape plan. 17. All conditions of approval shall be recorded before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 18. All HVAC roof -mounted mechanical equipment must be screened from public view. 19. All construction vehicles or equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers consistent with the manufacturers' standards. Equipment operators shall place all stationary construction equipment so that emitted noise is directed away from sensitive noise receptors. 20. All operations shall comply with the City Noise Ordinance Chapter 9.24 of the Palm Desert Municipal Code. 21. Vehicular routes for construction -related truck traffic shall be reasonably designated to ensure that acceptable noise levels are maintained for existing residential neighborhoods to the north and east. Stockpiling and/or vehicle staging areas shall be located as far as possible from existing residential neighborhoods. PLANNING COMMISSION RESOLUTION NO. 2543 22. All construction -related activities that could result in high noise levels should be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No construction should be allowed on Sundays or public holidays, except in cases of emergency. 23. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction -related noise sources and noise sensitive receptors nearest to the project site during all construction phases. 24. To the extent practicable, the construction contractor and City shall limit haul truck arrivals and departures to the same hours specified for construction equipment, and haul routes shall limit passing sensitive land uses or residential dwellings to the greatest extent feasible. 25. The design, selection, and placement or replacement of mechanical equipment shall include consideration of the potential noise impact on nearby residences. Roof -mounted equipment shall be screened by effective acoustical barriers, such as parapet walls or similar architectural elements. As set forth in the project noise impact study, all rooftop -mounted equipment must be within the existing rooftop enclosure area and the rooftop equipment area must be surrounded by a wall higher than the top of any of the rooftop mounted equipment. 26. Appropriate sound attenuation measures, such as silencers and/or barriers, shall be provided where necessary on outdoor equipment, whether roof or pad - mounted, including but not limited to cooling towers, air-cooled condensers, refrigeration compressors/condenser units, and air intake and discharge openings for building ventilation. 27. That pursuant to the noise study / acoustical study prepared by Helix Environmental Planning, Inc, the following conditions shall be imposed: a. As set forth in the project noise impact analysis, the existing loading dock wall must be of sufficient length to fully shield the line of site view of any truck at the loading dock as shown on the attached project plans. b. All truck engines must immediately shutdown when the truck is parked at the loading dock. c. All truck refrigeration must be shut down immediately after arrival and for the duration of the time while the truck is at the loading dock and shall not be restarted until the unit has left the site. If the refrigeration unit is a hybrid that can be operated from an on -site electric power connection it may be operated from electric power while at the dock. d. The on -site hydraulic trash compactor shall be limited to operation between the hours of 7 AM and 7 PM, and shall be operated in an PLANNING COMMISSION RESOLUTION NO. 2543 efficient but non -continuous manner to limited potential impacts to nearby residents. e. Enclose loading dock doors at the majors and market. f. Post signs requiring all loading and entrance doors to remain closed at all times except during loading and unloading. Install bumpers on docks to cushion impacts of trucks when backing up. g. h. Require any bridging devices used to bridge the gap between the dock and the truck, to be designed to be put in place and removed without impact. i. Prohibit all horn blowing. Post accordingly. j. Prohibit loud talking radios. Post accordingly. k. Prohibit the use of forklifts except within the closed section of the docks. I. Prohibit all the external mechanical equipment on any store except trash compactors. m. Prohibit existing exhausts or location of fans on the east wall of shops. n. Require evaluation of the mechanical equipment designs for compliance prior to issuance of the building permits. o. Prohibit parking of trucks or trailers overnight within 500 feet of the residences or in the alley, except the weeks prior to Thanksgiving and Christmas Day, and on Thanksgiving and Christmas Day's. p. Erect an eight foot wall around the trash compactors, or enclose the hydraulic pump box. 28. The City shall review the project improvement plans and assure that equipment maintenance and staging areas are located a sufficiently distance from existing residences. City inspectors, as well as the general contractors, shall regularly monitor construction operations and associated noise generation near residences. Operational noise issues, including roof -mounted mechanical equipment and loading dock and trash compacting facilities, will be mitigated on a case -by -case basis, if and when they arise. 29. Designate acceptable truck/construction equipment route(s), as appropriate. 30. The applicant must extend the loading dock block wall by 24 feet in length and 8 feet in height to screen the delivery trucks. PLANNING COMMISSION RESOLUTION NO. 2543 31. In the event that there are noise issues and/or noise complaints from adjacent property owners when all other noise mitigation has been implemented, the applicant shall construct an insulated truck tunnel around the loading dock area similar to the one constructed at the Albertsons Grocery Store located on Highway 111 and Deep Canyon Road. DEPARTMENT OF PUBLIC WORKS: Prior to City Council approval: 1. The applicant shall submit a comprehensive site plan indicating all proposed improvements no later than ten days after Planning Commission approval. This project may be subject to additional conditions based upon this site plan prior to submittal to City Council for approval. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals by the Public Works Department. Prior to permit issuance: 2. Easements for pedestrian access along Fred Waring Drive shall be dedicated to the public prior to permit issuance. 3. The applicant shall modify all ramps in the ADA path of travel, including ramps in the Public Right of Way, to meet current accessibility standards. 4. A final landscape plan must be submitted for review and approval prior to the issuance of any permits. Applicants are advised to use the City of Palm Desert Design Guide when designing plans. Landscape plans must meet the following criteria: a. Must be water efficient in design and meet the City of Palm Desert's Water Efficient Landscape Ordinance. b. Planting plans must show location of proposed and existing utilities. c. Must match approved civil plans. d. All specs and details must be site specific. e. Applicants must have CVWD approval of their irrigation plans prior to City approval. PLANNING COMMISSION RESOLUTION NO. 2543 BUILDING DEPARTMENTS CONDITIONS: 1. Project must conform to the current State of California Codes adopted at the time of plan check submittal. The following are the codes enforced at this time: 2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC) 2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC) 2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC) 2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC) 2007 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency Standards) 2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2007 CALIFORNIA FIRE CODE 2. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1173. 3. 1134B.2 General All existing buildings and facilities, when alterations, structural repairs or additions are made to such buildings or facilities, shall comply with all provisions of Division I —New Buildings, except as modified by this division. These requirements shall apply only to the area of specific alteration, structural repair or addition and shall include those areas listed below: 1134B.2.1 A primary entrance to the building or facility and the primary path of travel to the specific area of alteration, structural repair or addition, and sanitary facilities, drinking fountains, signs and public telephones serving the area. 4. All exits must provide an accessible path of travel to the public way. (CBC 1024.6 & 1127B.1) 5. Detectable warnings shall be provided where required per CBC 1133B.8 and 1127B.5 (7). The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supercede the State requirement. 6. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Dept of Building and Safety. 7. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. PLANNING COMMISSION RESOLUTION NO. 2543 8. All contractors and/or owner -builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 9. Address numerals shall comply with Palm Desert Ordinance No. 1173 (Palm Desert Municipal Code 15.15. Compliance with Ordinance 1173 regarding street address location, dimension, stroke of line, distance from street, height from grade, height from street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1173 or Municipal Code Section 15.15 from the Department of Building and Safety counter staff. FIRE DEPARTMENTS CONDITIONS: 1. You have been release for a tenant improvement on an existing Building. This is not occupancy Permit. Prior to opening your business, you must contact the Fire Marshal's office to schedule an appointment for a fire Life Safety inspection. You and the contractor must be present at time of inspection. 2. It is prohibited to use/process or store any materials in this occupancy that would classify it as "H" occupancy per Sec. 307 of the 2007 CBC. 3. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Fire Marshal's Office for submittal requirements. 4. Applicant/Developer shall be responsible for installing a fire alarm system / sprinkler system required 3000 square feet or more. Plans must be submitted to the Fire marshal's Office prior to installation. 5. Shelving, counters, etc. Must be in place; however no merchandise may be placed in the building prior to inspection. 6. A minimum 2A10BC Fire Extinguisher, (State Fire Marshal Approved) must be mounted in a visible location within 75' walking distance from any point in your building or suite. Fire extinguishers can be installed by a licensed company with a State Fire Marshal service tag attached to the extinguisher. Or purchased from a retail store with the sales receipt attached. A licensed company must service extinguishers yearly. 7. All Electrical breakers must be labeled, having a clearance of not less than 36 inches and must be maintained around the panel at all times. PLANNING COMMISSION RESOLUTION NO. 2543 8. A durable sign stating "This Door to Remain Unlocked Whenever the Building is Occupied" Shall be place on or adjacent to the front exit doors. The Sign shall be in letters not less than one inch high on a contrasting background. 9. If towers exceed 160 cubic feet (inside space) fire sprinkles shall be required in combustible sealed spaces throughout. PLANNING COMMISSION CONDITIONS: 1. That the Zoning Ordinance Amendment to Chapter 25.30 of the Zoning Ordinance to allow supermarkets not exceeding 60,000 gross square feet as Conditional Uses in the Regional Commercial PC(3) zone. 2. All signage must be approved by the Architectural Review Commission. PLANNING COMMISSION RESOLUTION NO. 2543 EXHIBIT "A" SECTION 1 That Section 25.30.020B be and the same is hereby amended to read as follows: B. Regional center (PC-3): Such uses include, but are not limited to, supermarkets less than 70,000 gross square feet, department stores, banks, variety stores, professional offices, restaurants, except drive-in or drive -through, and general retail uses, amusement and recreation establishments including, but not limited to, theater and amusement arcades. 1. All businesses presently having five or more mechanical or electronic games shall either apply for a conditional use within six months of the date of the ordinance codified in this subsection, or reduce the number of said games to four. 2. If the applicant is refused a conditional use permit, the individual shall reduce the number of games to four within sixty days of denial of permit request. SECTION 2 That Section 25.30.026 be and the same is hereby amended to read as follows: A. 25.30.026 Prohibited uses. Any permitted use set forth in Sections 25.30.020 and 25.30.025 is prohibited when such parcel contains any hillside area as set forth in Section 25.26.020. B. A "supermarket" as defined in Section 25.04.797 having 70,001 gross square feet or more shall be a prohibited use in the PC(3) zone. PLANNING COMMISSION RESOLUTION NO. 2543 EXHIBIT "B" MITIGATED NEGATIVE DECLARATION Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. APPLICANT/PROJECT SPONSOR: Vons, A Safeway Company 618 Michillinoa Ave Arcadia, CA 91007 PROJECT DESCRIPTION/LOCATION: Mitigated Negative Declaration of Environmental Impact, to allow an amendment to Resolution No. 91-5 removing Department of Community Development Condition of Approval No. 10 that the Waring Plaza Commercial Center shall not include a supermarket. Approval of staff's recommendation would allow a supermarket in the former Mervyns building at the Waring Plaza Commercial Center; a zone ordinance amendment to Chapter 25.30 of the Palm Desert Municipal Code to allow supermarkets not exceeding 70,000 gross square feet as conditional uses in the Regional Commercial PC (3) Zone; exterior modifications and a tower element (as provided for by PDMC 25.56.300) to increase the west tower element from 34 feet to 40 feet. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project as mitigated will not have a significant negative effect on the environment. A copy of the Initial Study has been attached to the document supporting the findings. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. LAURI AYLAIAN DATE DIRECTOR OF COMMUNITY DEVELOPMENT