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HomeMy WebLinkAboutDP 01-82 - AMENDMENT PLAZA DE MONTERY/SHOPPING CENTER 1985 PRECISE FLAN TENTATIVE TRACT ZONE CHANCE PARCEL MAP VAFIIANCE REFER TO: . AD.J QL2 o s2- ° s21 - APPLICANT: LOCATION : 50L� i Mc-A s i 0 vv/i l REQUEST: 14 6 c0j— P�'tnr T-6717 A o C t215T (67 s-ft0PRLk2 eyti EXISTING ZONE PREPARATION PROGRESS DATE BY COMMENTS APPLICATION RECEIVED PJ LEGAL PUBLICATION SENT :a-r 82 PJ NOTICES SENT 3-Z)6 z p) FIELD INVESTIGATION DEPTS. NOTIFIED V' BUILDING ti ENGINEERING r FIRE POLICE _ RECREATION & PARKS ' _ SCHOOL DISTRICT DIVISION OF HIGHWAYS ` l FLOOD CONTROL1/wa PRELIMINARY MEETING STAFF REPORT FINAL PLAN APPROVAL PRECISE PLAN (6) LANDSCAPING PLAN (5) PLAN. DIRECTOR MOD. (6) HEARINGS & ACTIONS DATE ACTION VOTE I REVIEW BOARD HEARING P.C. HEARING PUBLISHED PC. PUBLIC HEARING _ APPLICANT NOTIFIED C.C. PUBLIC HEARING ORDINANCE NO. RESOLUTION NO. EFFECTIVE DATE I _RECORDED FOR DATA- BAN Z-CNING MAP CORRECTED .� �- .k �' ,��; �;� - y�~ � �- .� -'Sr.. �`t �� �' �- � - ,� _- �. v - ��. 4, _ - � r— J n � 7` - _ ~j"~ / �1s.,f /:1. 3" )'f_ ���. � �- } . ;�" i ..� r > �. � 'A�� � -_ ,�,,., �� � U .�� .- '� �- '� _ -, <'] F,. �, ,,3 ;�v<r� �. % . -J � � J, �' �v , .F�/Ip•1g �rj�1�+� ARAJ n� � � �+ i a � ��� rP/1 Y IA . , . �. �,•w�� ..�:- - "3�s w . .. r 1 l . � t1 M r• 1� �%� � � t ;1 ,� ,,, �: -'��� .c-.� -.;, �� Y:; _ �� S ' �q� _y. � _ „ L Rom.. sus^� �� JOHN HILLIARD AND ASSOCIATES ACOUSTICAL AND ENERGY CONSULTANTS 85/064 (714)832 6052 February 15 , 19855 �y FEB 1 1s Ms. Sandy Yavitz ENVIRONMEP4 Carver Companies cI 559 So. Palm Canyon Drive �. al PC,a_ �F r,k I Palm Springs , CA ►het�n, Subject : Addendum to Acoustical Analysis of Plaza de Monterey in Palm Desert . Dear Ms. Yavitz : At your request , we have made the following calculations based on the site plan changes described to use by Jim Grant of Grant General Contractors. If the parking spaces are moved 18 feet to the south so that they are aligned north along the existing wall at the south property line , then this change will increase the distance between the trucks making deliveries and the existing wall (as well as the residences) . The increased distance will decrease the noise impact by 2.3 dB and the increase angle of reduction provided by the barrier shielding will also reduce the noise impact by 1 . 1 dB. The total decrease is 3 .4 dB by moving the truck access back-up line 18 feet from the wall . This results in a shielded peak (single event) level of 69.5 dBA at Lot 39 with the existing wall . Because the existing wall can reduce the peak levels to less than 70 dBA, which is the city criteria, no wall height increase for Lots 38 and 39 would be required . The ambient peak levels for Lots 13 , 14 and 39, were also determined from existing roadway traffic on Country Club Drive and Monterey Avenue. At Lot 39 , the distance to County Club Drive is 280 feet . Using a peak level of 83 dBA at 50 feet for trucks traveling 35 MPH, an impact of 71 . 8 dBA is determined for Lot 39 • However, the existing property line wall will also reduce the noise impact by 9 . 6 dB so that the ambient peak levels from trucks on Country Club Drive is 62.2 dB. PACKER'S SQUARE MEMBER: NATIONAL COUNCIL OF ACOUSTICAL CONSULTANTS 13132 NEWPORT AVE.,SUITE 105 INSTITUTE OF NOISE CONTROL ENGINEERING TUSTIN,CA 92680 1 ' Carver Companies Page 2 85/064 In the same manner, the peak noise impact from Monterey was determined for Lots 13 and 14 . At Lot 13 , the distance to Monterey is 80 feet and the project peak level is 78. 9 dBA, assuming that there is no wall along Monterey. A 6 foot block wall would reduce the peak value by about 5 dB. The distance from Monterey to Lot 14 is 160 feet and the peak ambient value is 72 . 8 dBA. I hope this information is enough to answer the questions of the planning commission. If you have any further questions or wish to discuss this matter, please call. Sincerely, k }' John K. Hilliard President cc : Mr. Stan Sawa City of Palm Desert 73-510 Fred Waring Dr. Palm Desert , CA 92260 I i I b �—}— COUNTRY CLUB ORIV —� . of uw — :wa.oR,FRE. EaaNEREY a..�.am WI I � —�7 � Q! e D E x � N T SF SLOG D i T TA 40 F � SBSO SF Q OBIT SERVICE }, p� STATION // \ n `�o. LLI W 0 L GA 1I 0 BL G Q // EA(PH L= 8 0 S EA A 7 0 !4COSF / m T L=88 b F TO A =T 0 SF `� IL IIII LUCKY SUPERMARKET Q BLDG P .Rnw I 46.998 SF5100 SF I G I GROUND FL 85' � �. OAM �✓ \ Bot II ! l illii � � � IIII . i PLAZA DE MONTEREY PROJECT DATA TOTAL AREA TABULATION SITE AREA 394,654 SF PALM DESERT, CALIFORNIA BU LDING A 8800 SF BUILDING B 7000 SF 72 I BULDNG C 0 SF 585 (/ BULDING D 0 SF ,e BUILDING E 0 SF BUILDING F 51 SF A DEVELOPMENT BY. SUPERMARKET 66.99898 SF CARVER MANAGEMENT CORPORATION TOTAL TAABULATIIONDING 85.388 SF 559 SO.PALM CANYON DRIVE PALM SPRINGS. CA.92262 PARKING SPACES (619) 325-8171 PROVIDED 390 SPACES i MINUTES ARCHITECTURAL REVIEW COMMISSION MARCH 22, 1994 4 . CASE NO. : APPLICANT (AND ADDRESS) : HEATH AND COMPANY for' AV�ON, 3225 Levy Street, Los Angeles, CA 90031 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of revised signage LOCATION: 73-101 Country Club Drive ZONE: P.C. (2) Steve Smith presented pictures of the existing Lucky store noting that the applicant was requesting to change the signage on the building from "Pharmacy/Liquor" to "Sav-On" and "Pharmacy" in white letters with "Liquor" in red letters. Commissioner Gregory suggested removing the "liquor" signage and keep "Sav-On" and "Pharmacy" in all red letters to match existing signage. Action: It was moved by Commissioner Gregory, seconded by Commissioner Connor, to approve the revised signage with the following conditions: 1) "Sav-On" in type script; 2) "Pharmacy" in letter type to match existing Lucky signage; "- , 3) Delete "Liquor" signage 4) All signage to match existing red lettering. Motion carried 5-0 . VI. ADJOURNMENT: The meeting adjourned at 2 : 00 p.m. STEVE SMITH ASSOCIATE PLANNER SS/db 8 C OW ©V P&N 100o R 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX(619)341-7098 March 25, 1994 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : APPLICANT (AND ADDRESS) : HEATH AND COMPANY for SAV-ON, 3225 Lacy Street, Los Angeles, CA 90031 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of revised signage LOCATION: 73-101 Country Club Drive ZONE: P.C. (2) ----------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission approved the revised signage with the following conditions : 1) "Sav-On" in type script; 2) "Pharmacy" in letter type to match existing Lucky signage; 3) Delete "Liquor" signage; 4 ) All signage to match existing red lettering. Date of Action: March 22, 1994 Vote: Carried 5-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) ----------------------------------------------------------------- STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES; In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9 : 00 a.m. the Monday eight days prior to the next meeting. ql Recycled PSce, r;�g-- ;, �� = �-` ` d, s i . M i,'; �� N 1_ _ ,.� �t ��-� � -�_ _ i- 1/ * \� V - i �/ aY_ !1 J l ' ^ -r_ �' i i l E. ;r I i I i� 1 _ f - - � ., 2 i C\� SO i I COACHELLA VALLEY LAND INFORMATION CENTER I 'J, .ff- ( i I I I Roy Carver Sagewood Plaza I I I I I I i ;I:;I;�;;I:,ky:;i';t;;l;n'.;I;%It%1:;I;;It1;%1•^•It;h;('%I;:k;1;;l;;l'.;K%I;;{;;i: ;%S^I;%I:%I:;I;;1;;1;;1;;1;?f;:k,^,it;l;%I;y;:1;Y;%K%I;;i;a;;l;�;%I;;l;;l;a;y;a'al;;'n;l;;k�;%I;n'.%I:;l;;l.;k;k;l';K II (COACHEL..L.A VALLEY ASSOCIATION OF GOVERNMENTS ;R PLANNING INFORMATION & EN'VIRONMEN"CAL.. REVIEW SYSTEM ;I ENVIRONMENTAL SUMMARY PAGE I. ;I;;l;%I;;h;l;%i;�;;R;i`%I'�;;Y;R%I;;k:;R%I;`k.;l;a;;l':I;;R;I;;K;I;;i;�;:I•^.P:;I;;I;y;y;X;:ky;�;;1;;1;;4.;1'.:h�;;1'.'I;;k;I;;K;I;i^I;�I;.h;I;:I';I;;i;;i;%h;I;%i:;K;l;;l'.;I^I;;I'.;I':I;;I;:ky; �i :k P:IiiQUEii) CIiD B0 STAN SAWA AP'P'I_.ICANTc ROY CARVER Y ;k TODAY'S DATE: 2/25/82 APPLICATION DATE: 2/25/82 %I? Paii:FERl:iNCE NO.. 82--15 PROJECT NAME: SAGEWOOD PLAZA A 1; ROW 91 COL.. 109 RANGiE:m 660' ;1;;1;a;;I:;I.:k a::�;.I;a;:f.;r;i;;h:G:I;:K;i;y;;I:;I;;I;:r:•x.:;:.r-r a;=1;,I;;i ;1;:i;;I;;r;r;l�;r;l:;1;;r a;:r:r; ;I;�:;E.;I;;r a:;1-x:u:I;:l;:;;:��:rl;�;:I:;r:r;l;;l;a;;I::;I;,;;I;,f;;1; :R MAP DESCRIPTION ON SITE ADJACENT VICINITY ;( _........__......_......----..............._— --.._. NOI: E CORRIDOR INSIDE INSIDE BLOWSAND AREA O--:I. CY/FT 0--:I. CY/FT FLOOD PRONE AREA ZONE: C ZONE C k ;k SEISMIC RISK MODERATE MODERATE %K ;R AI._CIUIST--PRIOL.O STUDY AREA NOT APPL_ICAB NOT APPL..I(CAD ;k ;h GRC!(1NDEiHAKING DISTANCE ZONE DIST ZONE IV DIS'T' ZONE IV ;I POTENTIAL LIQUEFACTION AREA NOT APPLICAD NOT APP'LICAB ;k :R GROUND SHAKING CONDITION C.OND ZONE C COND .ZONE C ;Y RARE PLANTS NOT AP'P'LICAB NOT APPL..ICAB BIGHORN SHEEP NOT APP'L ICAB NOT APPL:I:CAB K Y• LIZARDS Fri TOED LIZ FP: TOED L.IZ ;I; x PRAIRIE FALCONS NOT APPL..ICAB NOT APPL.ICAB ;k :f PRIME AGRICULTURAL LAND NO DATA NO DATA %B .r SOIL_ TYPE NOT MAPPED NOT MAPPED %K %K ARCHAEOLOGICAL RESOURCES NON—SITE NON--SITE =B k SCENIC RESOURCES—LOCATION URBAN AREA URBAN AREA ;I? ;Y SCENIC RESOURCES—RATING URBAN AREA URBAN AREA SEWER SERVICE EXISTING EXISTING a k WATER SERVICE EXISTING EXISTING ;B TRANSPORTATION PROXIMITY 0 .25 0 _ „25 :r :Y URBAN PROXIMITY .75 MI . 5 75 MI: :r SE'PIIii:RE OF INFLUENCE PALM DS--URD RAN MIR—URD :h R PALM DS--URB %f ;K DEVELOPED/UNDEVELOPED LAND UNDEVELOPED UNDEVELOPED EXISTING LAND LIST: VACANT 'VACANT %K COACHEL.LA VFal...LEY ASSOCIATION OF GOVERNMENTS :! :h PLANNING INFORMATION x. ENVIRONMENTAL REVIEW SYSTEM ENVIRONMENTAL SUMMARY PAGE:: 2 :k CITY LIMITS IN CITY RM IN CITY RM :K a; !:N CITY PD ;. OUT OF CITY I :h GELNERAL.. PLAN DESIGNATION URBAN DESIG URBAN DESIG GENERAL PLAN LAND USE VERY LW 0 •3U RES 0-3U/A( a: VERY LW 0--3U -' I; OROWTH INDUCEMENT AREA INSIDE GROW INSIDE GROW :! { CENSUS TRACTS 449.02 449.02 :k 449 .03 HISTORIC GROWTH MODEL 1985 PATTERN 1985 PATTERN :k NORMATIVE GROWTH MODEL. 2000 PATTERN 19B5 PATTERN I; 2000 PATTERN ;! :h DEVELOPERS GROWTH MODEL 1985 PATTERN 1985 PATTERN PUBLIC; OFFICALS GROWTH MODE 1985 PATTERN 1985 PATTERN Ei:RO:ii1:(: N POT'E:iNT:I:AI... NO DATA NO DATA :I :k URBAN POLICIES 3 3 :k r 7 ENVIRONMENTAL EN'TAL CONSTRAINTS 1 LS 15 l; ENVIRONMENTAL CONSTRAINTS 2 8 S :k A(:(:;P: SS:I B I L & SERVICEABILITY 1. L :{;t1;a;a;:I;:I;:I;:ra;:r•-:k:l;;;;;;;;;;;;;;;;;I;:I;:;;a;.;:I;;I;:r$;.y;:1;:r:r;1;:I;y;:1;�;:r a;y;;;y;:l;:l;:r,:u:l;:r.:l;:r:r�;x::I.:ry.:I;.r.;r.:I;,;.y;.r.:t;�;x�;�;:r;;y;�;:I;:1;:1; SYSTEM M DESIGNED D AND IMPLEMENTED BY C:OMARC DESIGN SYSTEMS, SAM FRANCISCO %I'.:K:I;;K�K%t:�;%I;%K%i;%I;:K.�;:1;a;%I;�I'a;>I;:I;�I;�I;:I'.�;.I;:K^:I;:L^•I`.*.1`.a;�;a.^.l;'I'..h:K;K%I';I'•R;I'.%lol`%I;y;i;a;%I'.;K;K:I;A'.�!'.%I;:I^K i;:I!;K:K:K%K;K%K a'.:I^K�K�K:I^k COI`i'iJ!-!EL.L_A 'VA1...1..EY F'iSa(:CIA`i'ION OF GOVERNMIiNT %k. E9_.i"ii~irdladCi 7:i•!!"'Li!:MAT.T.CIN & L:NV:CE{(JP1i4faN"iA!._ fi!_V3:f=l.J oi:> fEi:M ENVIRONMENTAL ASSESSMENT PAGE I. %K %I;�??!?�K:I;:I;:I;;K;I;�;%l;:K%I;;K:k�Kx;'k�K�K,K:Ka:K:Ka;a'.?K:I;:I;:I;;I;;K�ka:k•:I;>f.:i;%I;a;�l;:a;%l;y;i;%I;>K�;Y;�K;K:I;n;�K%i;�KY;�K;Ka;;K i;�KY;�K:K;K;k:;K':r:K?K :K REQUESTED BY :: SiiTAN S6'WA APPL..ICANT n RO Y CARVE Pt )K * TODAY ' S DA"i'1::::: :2/25/E2 APPLICATION DATE:::: 2/25/82 :1' * REFERENCE NO . E32 15 PROJECT NAME:::: S:iAGE:"Wf:1C1'D 1-'!_AZA I ROW 91 COL.. 109 RANGE: 6601 DEVELOPMENT TYE'En COMMUNITY CGMMErRCIAI_./DFFICI. K --------------------------------- :K MAJOR ADVERSE IMP'ACTSt ON SITE k -------------------------------- MAP NAME_ L.At+EiL. CONDITION MITIGATION I; URBAN POLICIES 3 UNDEVELOPED 5„2 „2 ;I ENVIRONMENTAL CONSTRAINTS :I. 15 RARE LIZARDS 2. 1 .2 PUBLIC HEALTH & SAFETY 7 IN FLOOD 1 .3„2 -K ---------------------------------- :K a; MAJOR ADVERSE IMPACTS2 ADJACENT ---------------------------------- MAP NAME_ L.ASitf::L CONDITION MITIGATION y: .......................................... %I? URBAN POLICIES 3 UNDEVELOPED 5.2.2. 7 OUT CITYL_MTS 5..3 ..2 h: %I UNDEVELOPED 5„2 „2 :I I; ENV:IRONMIENTAL.. CONSTRAINTS a 15 RARE LIZARDS 2. 1 ..2 :K if. PUBLIC HEALTH & SAFETY 7 IN FLOOD 1 .3 ' ----------------------------------- MODERATE ADVERSE IMPACTS:: ON SITE %6 ----------------------------------- MAP NAME LABEL CONDITION MITIGATION -K ;;. ............_......................................___.............._............_........— ----- ------------ .............._......— PUDL:I:C i-EAL.."iH & SAFETY 7 MOD SEISMIC 1 ..4.2 !' ----------------------------- MODERATE ADVERSE IMPACTS: ADJACIE:NI ---------------------------------- -1' MAP NAME LABEL_ CONDITION MITIGATION ;i ...............----------------------- HEALTH & SAFETY 7 MOD SEISMIC 1 .,4.2 �K K CONTINUED„ ,. , %t: :IcK�;;R%h%I;:1?;K;I;�'.:I;Y'.:Ktl;%1;�I'.'.-1;a'.Y;:I^!;:I;a.^.I;:I^K;I^I;%K%I;%1;;1^K:I'.%k.;1n1;%I;:I;�;:I;:I;>1;;K,1;";;K;I;X;;K.I•^.k:K-K�K:k,!,�••I;;i;a.^:K;K:K:K;K:K'Isl'.;K;R;K.i' SYSTEM DESIGNED AND IMPLEMENTED BY COMARC DESIGN SYSTEMS, :SAN FRANCISCO f 1? COACI-!111 LA "'Al I...E'Y A S$iSOCIATTON OF GOVIE:is NMENTS ;K P'L_ANNING INFORMATION c?< n±ONl,,ni-1,,jTA!... REVIEW SYSTEM I' EN'VTF-,ONMENTAI... i1S'SE SS'MEiN'T F'A(31i- 2 y .................._................................... ;R MIN01? ADVERSE :liMPAiCTS,. ON 5;:1:'T'I_ ;1 ;!; _._......- -....._._.._._._..._............................................_...... MAP NAM11:: AB,EL C`,C7AlIl:f.'T:LON M:I'T*1GAT10IN I? y. ......... :1. :;EWER !:::ASY 3.. :1. ..3 !; WA'TEF,' EASY 3 ..2 ..4 PUBLIC VIE.ALTH & SAFETY 7 0ki'T' B 1 0 W SAND 1. .2.3 N 0 1 S E (:;OF'tPt 1. . :1. .2 I —....................................._ MINOR ADVERSE :I:MI'ACTS ADJACIENT %Y MA!" NMMI:i: L.A14EL C 0ND:!:'T10N M IT 10 AT 10 N ;Y _.............__............................................................_.._.._.._ .._................ ......................I.....................- ................................__... Fd(:(:E £:i::i7:C3:I:l... ::il 1?'.,':LCI'=AIt:IL:I'TY' 1 Sii:::WI-F I'_i74:iY 3. 1 .3 ;4: ;f WA-FE.:R EASY 3.2.4 ;1: ;h I"t.11tLI:C 1-II:-AL.'TI-i & Sf'F"I:- i'Y 7 NOISE C(]f:1 :1. . 1 .'2 .R CIU? BLOWSANTI 1. .:_'„3 ;1' ;I' tfA lC.1R kSE::fdl:"fT:1:C:f.i"iL_ 1:MI'ACTEi ON S:CT!" Y• ;6 ;K MAF' NAME 1_.AB!:.,L C0NDIT10N M11-1 GA1,10N ;K ..............................._.... URBAN F101.:CC:IE.,S 3 IN CITY LM'1; ,.3. 1 Ai:':C:I:_`:SII;:1:1_ & :SI::.RV1CP A'BI(_1:'T'Y :1. F:OAD 0 :1. MI ::i,,.i. 1 ...........__.._._............................._......................_...._......_.._...._._ :1: MAJOR BENIEF I.CIAL 1:M1"'A(::"I"::i:: ADJACF_iNT %1; Mid' NAME LABEL CONDITION HITT6 A.T10N ;Y 1, URrAN POLICIEiii 3 IN CITY i...MTS 5.'3. .1. ' tl` ACC E'3SS D I I... & S-.)ERV:ICEAI<:IL:I"TY :L URBAN 0. :1. M:I 3„/1 ..2 ROAD 0--1 MI 3.3. 1. ............_......................._.............._..................__... ;1; MT.NOR BEINEF''ICIAL.. :! M!'-'AC'TS;: ON SITE it ..........................................._.. ;!, MAP NAME I...AB1 L. Ci N111.T:I0N M1:'T:I:OA'TION :k ..........._................... X; URBAN 1'Cil_:f.f;:I:F S 3 IN SPIIEF{t„ ;; . :L .. :1. ;1� URBAN :01=SGN 5.4 .. 1 CON'T:I:NU1-Ii.. . . ;r: J;;!; ' I; I;;i;", '.;!;a; !^R ;;J..A; !: SYSTEM I7[:f 1:GMED AND 'IMPLEMENTED BY COMARC; DESI.M.1 SYS"TL::MS,, SAN F F*,ANC:IS')CCJ COACHE:L..i..A VAL..1...1:_Y i^i:ir ;l-.11;IATION OF GOVERNMENTS %I PLANNING, INFORMATION & EN'VIRONMENTAL.. REVIEW SYSTEM :1 ENVIRONMENTAL_ ASSESSMENT PAGE 3 a I. ----------------------------------- MINOR BENEFICIAL IMPACTS: AD,.JA(:;f:_NT :u .........----.........-_. %I MAP NAME L..ABEL.. CONDITION MITIGATION :I ........... ---------- URBAN POLICIES 3 IN SPI-JliiaRE 5., 1. 1 %k. .k URBAN DE:SGN 5,.4 . 1. Ilk SPHERE7 IN 5., :1. ,. :I. it' URBAN DESGN 5„4 ., 1. SYSTEM DESIGNED AND IMPLEMENTED BY COMARC DESIGN SYSTEMS, SAN FRANCISCO NOISE STUDY SAGEWOOD PLAZA Palm Desert, CA for McBAI L COMPANY 3732 Mt. Diablo BI. Lafayette, CA 94549 February, 1982- 6cR12(c i)21GD F E B 1 1 1982 Vlu ENVIRONMENTAL SERVICES L 'Ty CITY OF PALM DESERT ENGINEERS .ARCHITECTS PLANNERS Irvine, California Sagewood Plaza INDEX Item Page I . EXISTING SITE 1 II . CRITERIA 2 III. ANALYSIS 9 IV. ARCHITECTURAL CONTROL 19 V. RECOMMENDATIONS 22 Location Map ii Exhibit II-1, EPA, Levels to Protect Health 3 Exhibit II-2, EPA, Noise Effect on Speech Communication 4 Exhibit II-3 Decibel , Common Noise Levels 8 Figure 1, Slider Door Seals 24 Figure 1, Gasketed Door Stop 25 Figure 2, Automatic Drop Seal 26 Appendix Exhibit A-1, General Plan--Noise Element 27 Exhibit A-2, California Vehicle Noise Limits Laws 31 Exhibit A-3, Residential "Tightening" 32 3708-12 C. E. 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X 1IzwC.2,�y �1f1:� Y II / I •r1_:,�._1 IO>, N'.:JI ���708 N 1/ef (.C- n •µ me; i pAR,�:NG SPAGF_ Cr!L.U`•�`n01� .'"� I ere, / E w�x!*k +c es r,-aulReD l Cep o�rria.,aoo� 4Ni•�'� pm 43 b 9N 2 G` ! „• 6W bE10�:VO X 1 I/ 00 - SAGEWOOO PLAZA Y .a> - LEGEND: lot number tract 11791 T � .1\ •,4w.x�tnt: � \ /�� ®. lot elevation `" V Q building finish floor "I TE 5�CT!0N7HFRU So(1'?w ENGINEERS ARCHITECTS •PLANNERS 2301 0,6e,InmG Calilomia 927131714)851-5200 COMMERCIAL / RESIDENTIAL NOISE. II Sagewood Plaza I . EXISTING SITE - See page ii The proposed site for the Sagewood Plaza (Lot 104 of Tract 11791) "district commercial center" is located in the City of Palm Desert, California. It is bounded on the north by Country Club Drive, on the west by Monterey Avenue, and on the east by Sagewood Drive; all are existing streets. The commercial site is bounded on the south by the residential portions of Tract 11791 . The following Lots of the Sagewood development back to the commercial property and the completed residences front the completed noted residential streets: LOT NOS. STREET 13,14 Sugarbush Ct 16-21,37-42 Sagewood Or There is an existing six foot high slumpstone concrete block wall on the property division between the commercial and residential zones. It would appear that the most feasible truck means of ingress/egress would be, see page ii : INGRESS Loading Dock* Via E Driveway C F Driveway B which would then allow for the truck to back in for unloading. EGRESS E Driveway B ` F Driveway C * Both docks will serve the one market 1 Sagewood Plaza II . CRITIERA The following have been reviewed and are considered part of this noise study. 1. City of Palm Desert City Code--NOISE. The City staff point out that the existing Code suffers from "typo" problems regarding stated noise levels; they therefore refer to the General Plan-- Noise Element, which is the forerunner of a new noise ordinance. 2. City of Palm Desert, General Plan--Noise Element pgs 22-29 , Exhibit A-1 . 3. U .S. Environmental Protection Agency - Levels of Noise Requisite to Protect Public Health and Welfare, 550/9-74-004, March 1974; Exhibit II-l . Exhibit II-1 shows that for External (outdoor) Noise, the value would be: Ldn or Leq of 55dB Then for the Interior ( Indoor) Noise critera, the value would be: Ldn or Leq of 45 dB 4• The other normal test for enjoyment of outdoor living in the southwest, is to assure that it would be possible for people to conduct a conversation in their backyard. 2 Table YEARLY AVERAGE•EQUIVALENT SOUND LEVELS IDENTIFIED AS f REQUISITE TO PROTECT THE PUBLIC HEALTH AND WELFARE WITH AN ADEQUATE MARGIN OF SAFETY Indoor To Protect Outdoor To Protect Activity Hearing Loss Activity Hearing Loss Measure Inter- Considera- Against Inter- Considera- Against terence tion Both Ef- ference tion Both Ef- fects(b) fec[s(b) Residential with Out- Ldn 45 45 55 55 side Space and Farm -. Residences Leq(24) 70 70 Residential with No Ldn 45 45 Outside Space • Leq(24) 70 - Commercial LeQ(24) (a) 70 70(e) (a) 70 70(c) Inside Transportation Leq(24) (a) 70 (a) Industrial Leq(24)(d) (a) 70 70(c) (a) 70 70(c) n Hospitals Ldn 45 45 55 55 Laq(24) 70 70 Educational Leq(74) 45 45 55 55 Leq(24)(d) 70 70 Recreational Areas Leq(24) (a) 70 70(c) (a) 70 70(c) Farm Land and Leq(24) (a) 70 70(c) General Unpopulated Land Code: a. Since different types of activities appear to be associated with different levels,identitl- cation of a maximum level for activity interference may be difficult except in those circumstances where speech communication is a critical activity.(See Figure D-2 for noise levels as a function of distance which allow satisfactory communication.) b. Based on lowest level. C. Based only on hearing loss. d. An L,,(g)of 75 dB may be identified in these situations so long as the exposure over the remaining 16 hours per day is low enough to result in a negligible contribution to the 24-hour average,i.e.,no greater than an Ley of 60 dB. Note: Explanation of identified level for hearing loss: The exposure period which results in hearing loss at the identified level is a period of 40 years. *Refers to energy rather than arithmetic averages. From: U.S. Environmental Protection Agency "Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety", March 1974, 550/9-74-004. r 3 EXHIBIT 11-1 NOISE EFFECT ON SPEECH COMMUNICATION 32 a ^ o oa o w 16 CIO 8 s / ` • A t O e r L ♦ e�� x 4 c a ♦ 01 'o a . G L a a ` W � 2 Noise- u distance o area where ♦ o communication ♦oa c is possible in •• ^ 1 ''normal voice" ♦�'P o G?i<`:'i<=!tz `:i':.. 5 ................ . .............. A-level 47 57 67 77 87 97 107 117 127 Noise level I ' The figure shows that for noise levels up to 47 dBA satisfactory speech communication is Possible in a normal voice level up to 32 feet. At noise levels less than 57 dBA, most people under most conditions will speak in a "normal" voice. At levels greater than 57 DBA, people unconsciously raise their voice level to compensate for the noise. If communications are not vital , the expected voice level in- creases about 3dB with each 10 d6 increase in noise. This line is indicated as the "expected voice level" in the figure. If communications are vital , the "communicating voice" increase is 5 dB per 10 dB increase in noise. Nor- mally people will not communicate above a shout, but it is possible to communicate at 6 inches in noise levels of 117 dBA. EXHIBIT II•Z 4 Sagewood Plaza Exhibit II-2 shows the relationship of distance with the conduct- ance of conversation; which supports the need for an external environment in the realm of 55 dBA. 5. Because the Palm Desert Noise Element alludes to the criteria of the County of Riverside and in the absence of Palm Desert interior criteria; the County standards are: a. None listed for indoors. b. "DESIRED AVERAGE NOISE LEVELS OUTDOOR Ldn* NOISE LEVELS Day (7 AM-10 PM) Night (10 PM-7 AM) Urban Residential 60 dBA 60 dBA Commercial 90 dBA 65 dBA * It is again stressed that this method measures the average external noise exposure rather than the peak or single event noise exposure to a community. Therefore, under this a diesel truck that creates a peak of 95 dB(A) could drive through a residential area requiring an Ldn of 55 dB(A) or less." C. The County of Riverside is in the process of revising their Noise Element. 6. California Noise Insulation Standards--Administrative Code, Title 25, paragraph T25-28: "(e) Noise Insulation from Exterior Sources. (2) Interior Noise Levels. Interior community noise equiva- lent levels (CNEL) with windows closed, attributable to exterior sources shall not exceed an annual CNEL of 45 dB in any habitable room." 5 Sagewood Plaza 7. GLOSSARY Decibel : Exhibit II-3, explains the decibel (dB) and depicts on the sound level scale an assortment of conditions .to which the reader may relate. A-Weighted Network, dBA: The ear does not respond equally to frequencies, but is less efficient at low and high frequencies than it is at medium or speech range frequencies. Thus, to obtain a single number representing the sound level of a noise containing a wide range of frequencies in a manner representative of the ears' response, it is necessary to reduce, or weight, the effects of the low and high frequencies with respect to the medium frequencies. The resultant sound level is said to be A-weighted, and the units are dBA. The dB(A) level is applied to report ambient noise and noise intru- sions, and it is invoked in computing Leq and LN. Statistical A-Weighted Noise Level ; LN: This scheme represents the A-weighted noise level , dBA, which is exceeded a per cent of the time over the duration of the sample noise measurement. Thus, Lgg , L90, L50, L10 , L1 , denote the value of the nose level exceed 99, 90, 50, 10, and 1 per cent of the time. 6 Sagewood Plaza Equivalent Continuous Level , Leg: For studying long-term trends in environmental noise, it is convenient to use a single-number descriptor to define an entire day' s noise history. The descriptor used is Leq, the continuous dB(A) level that would have produced the same A-weighted sound energy as the actual noise history. Day-Night Average-Sound Level , Ldn: A variation on Leq, is Ldn. For Ldn measurements, 10 dB is added to readings between 2200 and 0700 hours to account for the fact that people are less tolerant of noise during their sleeping hours. The Ldn is a scale equivalent to the CNEL with the exception that the evening period is deleted and all occurrences during 7:00 PM and 10:00 PM are included in the daytime period. Community Noise Equivalent Level , CNEL: CNEL is a scale which takes into account all the A-Weighted acoustic energy received at a point, from all noise events causing noise levels above some prescribed value. Weighting factors are included which place greater importance upon noise events occur- ring during the evening hours (7 :00 PM to 10:00 PM) and even greater importance upon noise events at night (10:00 PM to 7:00 AM) . Noise: Any sound which is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is other- wise annoying. 7 The decibel is defined as ten times the logarithm to the base ten of the ratio between two yuantitles of power. As thu Sound power is related to the square of the sound pressure a convenient scale for sound (noise) measure- ments is defined as: Sound Pressure Level = 10 log p = 20 log i p ) dB. where p is the sound pressure being measured and p, is a reference sound pressure, normally taken to be 0.0002 bear. It should be noted that the term level has been introduced in the above equation. This indicates that the given quantity has a certain level above a certain reference quantity (0.0002 pbar = 2 X 10-' NW). FIGURE 33 Sound pressure Sound level in dB Environmental conditions in bar 140 1 — 134 I Threshold of pain mbar 130 Pneumatic chipper 120 — 100 — 114 I Loud automobile horn (dlst. 1 m) pbar 110 — 100 10 — 94 I Inside subway train (New York) pbar 90 Inside motor bus 60 1 — 74 I Average traffic on street corner pbar 70 — Conversational speech 60 — 0.1 — 54 I Typical business office pbar 50 Living room, suburban area ' 40 — 0.01 t 34 Library pbar 30 — Bedroom at night ' 20 1 0.001 14 Broadcasting studio pbar 0.0002 I 10 I Threshold of hearing pbar F 0 Source: Broch, 1971 Some commonly encountered noise levels (sound pressure levels). EXHIBIT II-3 8 Sagewood Plaza III. ANALYSIS Exterior 1 . The major noise impact from the creation of the "district com- mercial center" is found to be the truck as a noise generator. Potentially the following backyards (Table III-1 ) could be affected, depending upon the barrier six foot concrete slumpstone tract wall and effect of intervening structures/fences. TABLE III-1 ELEVATION RELATIONSHIP COMMERCIAL TO RESIDENTIAL DISTANCE TOP OF LOT TRUCK PATH COMML WALL COMML TO LOT LOT NO. ELEV TO RESIDENCE ELEV ELEV ELEV 12 220.3 153 NA 224 230.5 3.7 13 220.3 100 224 230.5 3.7 14 220.2 67 224.5 231 4.3 15 219.5 145 224.5 231 5 16 219.2 77 225 232 5.8 17 219.0 50 225 232.5 6 i 18 218.8 46 225 232.5 6.2 19 218.6 45 224.8 232.5 6.2 20 218.3 47 224.7 232 6.4 21 218.1 68 224.7 231.5 6.6 37 215.3 80 224.5 229.5 9.2 38 215 .6 61 223 229 7.4 39 215 .8 68 222 228 6.2 40 216.1 135 222 227 .5 5.9 41 216.5 205 222 227.5 5.5 42 216.9 282 222 227.5 5.1 NA = The house on Lot 13 becomes a sound barrier and therefore shelters the house of Lot 12; which means that close by direct truck noise is not anticipated to reach the living structure of Lot 12. Likewise the Lot 12 house becomes a barrier to Lot 11. 9 I _ Sagewood Plaza 2. Discussions with the tentative market proprietor reveal that knowing the City hours of day regulations ( see EXHIBIT A-1) in regard to choice of supply operations, they will schedule truck deliveries within the 7 AM to 10 PM hours; which has the criteria: OUTDOOR NOISE LEVELS Day (7 AM to 10 PM) Night- (10 PM to 7 AM) Commercial 70-90 dBA 55-65 dBA Urban Residential 60-65 dBA 50-60 dBA Their truck fleet has the following characteristics: Worst Supplier A Supplier B . Condition GVW, lb 80,000 80,000 80,000 Length, max ft 65 65 65 Fuel power diesel diesel diesel Dist bumper to exhaust, ft 7+ NA 7+ Wheels 18 18 18 Model year 1969 to 1979 & 1969 1979 newer 10 Sagewood Plaza 3. Calculations For the exterior case, the receiver ( human ear) is set at five foot height and because the back yard is being analyzed, a fictitious patio location of five foot from the house is chosen for the "outdoor living" test point. From EXHIBIT A-2, the worst condition of truck noise generation is chosen for the anticipated 1969 trucks to be involved in commer- cial center supply transportation; viz: dBA at 50 foot distance Truck, 1969 88 Truck , 1972 86 Truck , 1974 83 Truck , 1981 80 Auto 87 Motorcycle, 1974 83 Motorcycle, 1980 80 11 Sagewood Plaza TABLE III-2 BACKYARD BARRIER RESULTS, dBA SINGLE EVENT LOT *TRUCK (@ Patio) minus BARRIER equals **EXTERIOR 12 78.0 5.2 72 .8 13 81.6 6.9 74.7 14 86.1 9.0 77.1 15 79.1 5.2 73.9 16 84.7 6.2 .78..5. 17 88.9 9.3 79.6 18 89.7 10.3 79.4 19 88.9 9.8 79.1 20 88.5 8.8 79.7 __21 . 85.3 5.9 79.4- , 37 83.9 8.0 75.9 38 87 .0 10.7 76.3 39 85.3 6.9 78.4 40 79.4 5.5 73.9 41 75.1 5.0 70.1 42 72.9 5.0 67.9 * This is a "worst case" truck and it will not occur with every delivery "in and out" commercial center traverse; because, some utilized trucks will be 5 or more dBA less. ** While the values are within the daytime allowable band (see paragraph "III,2." above) for "commercial ," they exceed the "residential" allowable band. 12 Sagewood Plaza Interior 1 . The major noise impact from the creation of the "district com- mercial center" is found to be the truck as a noise generator. Potentially the following residences (Table III-3 ) could be affected, depending upon the barrier (six foot concrete slumpstone tract wall ) effect of intervening structures and fences. 2. The same criteria and truck characteristics utilized above in paragraph "III . Exterior, 2." will be here applied. 3. Calculations For the interior case, the receiver (living area) is set at seven foot height above the lot pad elevation and at the structure closest point to the noise generator. From EXHIBIT A-2, the worst condition of truck noise generation is chosen for the anticipated 1969 trucks to be involved in commer- cial center supply transportation; viz: dBA at 50 foot distance Truck, 1969 88 Truck , 1972 86 Truck, 1974 83 Truck , 1981 80 Auto 76 Motorcycle, 1974 83 Motorcycle, 1980 80 13 Sagewood Plaza TABLE III-3 SINGLE EVENT RESIDENCE BARRIER RESULTS, dBA TRUCK LOT (@ Residence) minus BARRIER minus *WINDOW **INTERIOR 11 74.9 5.0 25 44.9 12 78.3 5.0 25 48.3 13 82.0 5.8 25 51.2 14 85.5 6.3 25 54.2 15 78.8 6.5 25 47.3 16 84.2 5.5 25 53.7 17 88.0 7.1 25 55.9 18 88.7 7.7 25 56.0 19 88.0 6.3 25 56.7 20 88.5 7.4 25 56.1 21 85.3 5.4 25 54.9 37 83.9 6.5 25 52.4 38 86.3 7.6 25 53.7 39 85.3 5.9 25 54.4 40 79.4 5.0 25 49.4 41 75.7 5.0 25 45.7 42 72 .9 5.0 25 42.9 82 75.3 5.0 25 45.3 * Weatherstripped, double strength glass/solid core door. ** While the values are within outdoor daytime allowable band ( see paragraph "III, Exterior, 2." above) for "residential ," they exceed the "residential " allowable criteria for California-- "CRITERIA II , 6.". 14 Sagewood Plaza MITIGATIONS Exterior 1. It should be remembered that through national and state actions the noise level generated by vehicles is gradually being reduced. 2. Not all of the trucks invoked for supply transportation are as old as the noisy 1969 model ; eg, the to be applied 1979 models should be 5 dBA quieter. 3. Most Noise Ordinances/Elements of jurisdictions have a "time duration" variance for the Criteria/Standard, viz: "It shall be unlawful for any person at any location within the unincorporated area of the County to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level , when measured on any other residential property, either incorporated or unincorporated, to exceed: (1) The noise standard for a cumulative period of thirty (30) minutes in any hour; or (2) The noise standard plus five (5) dBA for a cumulative period of more than fifteen (15) minute in any hour; or (3) The noise standard plus ten (10) dBA for a cumulative period of more than five (5) minutes in any hour; or (4) The noise standard plus fifteen (15) dBA for a cumulative period of more than one (1) minute in any hour; or (5) The noise standard plus twenty (20) dBA for any period of time. (c) In the event the ambient noise level exceeds any of the first four (4) noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level . In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level ." 15 Sagewood Plaza MITIGATIONS continued Interior 1. Those mitigations/discussion listed above under "Exterior" also apply to the noise broadcast and falling upon the residences, potentially penetrating the interior. 2. Only the residences immediately adjacent to the "district com- mercial center" are thought to be impacted; because, the bedrooms of homes across Sagewood Dr are to the rear and away from their street facing frontage. i Also, their further distance from the noise generation source reduces the impact by amounts such as: Residence dBA Lot 12 vs Lot 11 53.3 down to 49.9 Lot 19 vs Lot 82 61 .7 down to 50.3 3. Most Noise Ordinances/Elements of jurisdictions have a "time duration" variance for the Criteria/Standard, viz: "It shall be unlawful for any person at any location within the unincorporated area of the County to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level , when measured on any other residential property, either incorporated or unincorporated, to exceed: (1) The noise standard for a cumulative period of thirty (30) minutes in any hour; or (2) The noise standard plus five (5) dBA for a cumulative period of more than fifteen ( 15) minute in any hour; or 16 Sagewood Plaza (3) The noise standard plus ten (10) dBA for a cumulative period of more than five (5) minutes in any hour; or (4) The noise standard plus fifteen (15) dBA for a cumulative period of more than one ( 1) minute in any hour; or (5) The noise standard plus twenty (20) dBA for any period of time. (c) In the event the ambient noise level exceeds any of the first four (4) noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level . In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level ." 17 Sagewood Plaza The truck supply transportation schedule tentatively is: Day Supplier A Supplier B Monday x x Tuesday x - Wednesday x x Thursday x - Friday x x Saturday - -- Sunday - For every supply trip there would be an "in and out" noise genera- tion movement and it is probable that the truck onsite traverse would not consume more than five minutes each. Therefore, there could be the following quantity of truck noise impact generations per day: Day Suppliers Monday 4 Tuesday 2 Wednesday 4 Thursday 2 Friday 4 Saturday - Sun day - 4. The supplier has offered to operate the truck deliveries so as to only occur on the "district commercial center" in the daytime hours--7 AM to 10 PM. 18 Sagewood Plaza IV. ARCHITECTURAL CONTROL In order to mitigate the proposed "district commercial center" impact on the Sagewood Plaza Tract 11791 to the HUD Interior Criteria (EXHIBIT II-1 ) of 45 Ldn, the plans for the models: 1740 1800 2100 dated 1979, have been checked for noise attenuation. ASSUMPTIONS The residences for Tract 11791 have been constructed in accordance with State of California, Title 24 Energy Regulations for insulation. RESIDENTIAL SHELL INVENTORY--Tract 11791 Surface/Item Construction Material STC* Floors Conc Slab Not Involved Ext Wall 7/8 Stucco, 2x4, R-11 insulation, 42+ Sides/Back 1/2 drywall Ceiling 1/2 drywall , R-19 insulation 40 Roof 1/2 ply, felt underlay, roof tile 20+ Windows Double strength sliding, 25 weatherstripped Patio Doors 3/16 tempered, weatherstripped 25 Doors--Ext 1-3/4 solid 'core 25 19 Sagewood Plaza * The Sound Transmission Class (STC) is a single number rating for airborne sound, which represents the transmission loss performance of of a wall/portion of structure at all test frequencies. The higher the STC rating, the more efficient the construction. The STC rating results from comparing a transmission loss test curve (100 through 4000 Hz) with a standard frequency curve and is read at 500 Hz. To estimate the bare minimum STC required of a construction to obtain privacy, subtract the level of the background noise ("Criteria," for this case) on one side of the construction from the level of sound that strikes the outside. The STC rating is useful when designing walls that provide attenua- tion against the sounds of speech, music, radio, or television. It is not valid for noise sources having spectra that differ markedly from the above, e.g. , industrial processes, aircraft ( 125 through 4000 Hz) , motor vehicles, power transformers, and the like. Additional attentuation factors will accrue as this project matures, such as: other shielding, ground cover, shrubbery, room absorption (drapes, carpet, furniture and textures ) ; which have not been included .in these calculations. The STC values ( from laboratory measurements) are here employed to guide us for the probable outcome f the "ambient noise level in living 9 areas" . 20 Sagewood Plaza ANALYSIS From Table III-2, it may be seen that residences on the following lots would have their sleeping interior impacted vs the State of California, or HUD criteria of 45 Ldn and CNEL respectively. Shielded (not on a direct line of sight between the residence location and truck noise generation source) windows and doors would not require additional attenuation; except, those not having full surround (including thres- hold) weatherstripping must have it installed. TABLE IV-1 SINGLE EVENT IMPACT* To be Lot *Interior dBA minus STD equals Attenuated 12 48.3 45 3.3 13 51.2 45 6.2 14 54.2 45 9.2 15 47.3 45 2.3 16 53.7 45 8.7 17 55.9 45 10.9 18 56.0 45 11.0 19 56.7 45 11.7 20 56.1 45 11.1 21 54.9 45 9.9 37 52.4 45 7.4 38 53.7 45 8.7 39 54.4 45 9.4 40 49.4 45 4.4 41 45.7 45 0.7 21 Sagewood Plaza V. RECOMMENDATIONS Exterior Because of the time duration involved with the tentative truck delivery schedule ( see "III, MITIGATIONS, Exterior 3.") being short and infre- quent, it is thought the projected impacts of Table III-2 will not adversely impact the residential exterior livability. The automobile will generate some ten decibels less than the truck, while the motorcycle could be five or more less than the truck. Of course, it will be the vehicle not operated to California Code that will be the intruder--hot rod vehicles and motorcycles. Lowering the drive (fire lane) behind the market, for two+ feet would only increase the fence barrier effect by one-half to one dB and therefore would not be an expedient toward reducing the values of Table III-2 ; a lowered drive would only make for a drainage problem. It is therefore recommended that no other treatments be effected in an attempt to improve the exterior ambient condition. Interior Because the worst condition truck (1969) only could be supplying . the market, if it alone of the fleet were driven every day, a maximum of ten (in and out) impacts, single events, would occur per week: 22 Sagewood Plaza Day Supplier A Monday x Tuesday x Wednesday x Thursday x Friday x Saturday - Sunday - However, it will take a year to bulid this project and with time the older trucks get retired. Therefore, the potential imapcts will not vary the Ldn criteria. The following modifications to existing residences are recommended, in order to ensure tightening of the exposed surfaces. o Aluminum slider windows should be inspected to ascertain that they are fully perimeter sealed. o Shielded windows (not on a direct line of sight between the residence location and truck noise generator) of any type do not require modification; but, it should be ensured that they are perimeter sealed. o Sliding glass doors require the same treatment as described under Figure 1 modifications, if not sealed. o Hinged doors, of the exterior solid core type, are to be modified with gasketed stops and an integral drop seal or equivalent threshold seal , Figures 2 and 3; where equivalent sealing does not exist. 23 _1N F - WaI I 1/4" Thick Foam Tape with Adhesive Back l 3/4" x 3/4" Aluminum Channel The Adjacent Fixed mounted as shown at top, bottom, Panel should be Sealed and lock side at these similar Points and at the Jamb Side Slider Door 1 Floor Outside M Interlocker between Sliding Panel and Fixed Panel: most Doors have just one Weatherstrip, as shown,and additional Foam should be pressed into the slots. Do Foam Strip not use the adhesive-back type here. Scale SUDER DOOR SEALS FIGURE 1 24 i Door I I Rubber Bonded - • Wall to Wood Adjustable Stop ` Assembly __ _ -`—Wood Screw J Slotted Washer in Countersunk hole Jamb I� I Scale GASKETED DOOR STOP FIGURE 2 25 Seale s Alternate � ,; Door Bottom Location Threshold �� /' Drop Seal Shown �! in Down Position AUTOMATIC DROP SEAL FIGURE 3 26 0 z W d f its impact on various uses by relating common sounds to the •,]I. IMPLEMENTATION STRATEGIES noise standards. Various Federal and State agencies have responded to the noise In final analysis, however, each community must decide the problem by establishing noise standards for certain activities. ' A ' level of noise exposure its residents are willing to tolerate n example is California's noise emission standards for newly within a limited range of values below the known levels of build vehicles. However, Federal and State acti .ons are not health impairment. Table 4 illustrates the range of desired enough. There must be a commitment and a willingness on the average noise levels by land use category as adopted by the part of local officials to take action if there are to be iable solutions to the various aspects of the noise problems. cities of Palm Springs, Indio and Rancho Mirage and Riverside the purpose of this section is to resent f*1 County. Palm Desert should consider adopting similar accept- P Policies ies and stra t, Z F*1 able noise levels. gies which the city could adopt to control the noise levels in � t7 yy .+ i •, the community. r �.i TABLE 4 A. Assumptions r O I•I n -T DESIRED AVERAGE NOISE LEVELS The Implementation Strategies are based on the following I v BY LAND USE CATEGORY I y v assumptions: Z r Outdoor Land Noise Levels O 3 1. The concept Land Use Category D� (lam-lOpm) Nigh[ (]Opm-lam) pt that quietness is a desirable environmental ( N O M m Rural Residential characteristic. to (Very Low and Low r A Density Residential) 50-60 dB(A) 50-60 dB(A) 2. It is within the public's health, safety and general rri --i 3 Urban Residential welfare to control noise. Fri (Medium and High Z Density Residential) 60-65 dB(A) 50-60 dB(A) 3. The Implementation Strateg ies must he accomplished Commercial 70-90 dB(A) 55-65 dB(A) through coordinated effort by the public. private Industrial 70-90 dB(A) 55-70 dB(A) enterprise, and all levels of government. A. Controlling the source of noise is the most desirable approach. CU w B. Governmental Regulation N 0 = There are a wide variety of governmental regulations avail- o ., a GO able to control noise in Palm Desert. Many of the techni- ques described here are already available to control noise w a N f w Ye 72 ¢e,� H � N Q �O k— `'. m O in Palm Desert. Many of the techniques described here ). Bu ilding _Codes: Noise reducing insulation and other H I o techniques can be used to minimize indoor exposure to X are already available to control nnise in Palm Desert. ta.l „I State law now requires va In some cases, noise will have to be included, noise.tM As previously stated, N special noise insulation of new multi-fami lY dwellings 1 . Zen ng: Zoning could be used to control land use type noise exposure 1!�i i constructed within the 60dB(CNEL or Ldn) . and density around noise sources. Land use patterns can it be delineated in a manner reflecting compatibility with contours. if necessary, the City shall require builders i� to mitigate noise impacts by methods such as insula- existing and potential noise levels as discussed in pre- Wvious sections. Noise-sensitive land uses such as Linn not only for multi-family units but also single f cif J residential, schools, libraries, churches, and hospitals family units. N act Report: The City should require. U.) should be controlled in areas of high noise levels, while q. Environmental Im D N through the EIR review process, all developers of rest- noise-tolerant land uses such as industry, and commerce H f g p in "Normally Unacceptable" noise zones ' J Z should be encouraged in those areas. dential property !' t i defined by HUD standards to present alternatives for 00 N In order to be consistent with the General Plan, as re- dealing with noise impact. Such alternatives may in- O J n d quired by State law, the Zoning Ordinance will be comp- Y clude.wall and window acoustic treatment, additional incl .~ Q rehensively revised. The City should consider estab- shielding of open space areas, etc. U Ix , including setbacks. Zlishing performance standards within a zone to abate estimates of additional costs if noise abatement alter- 1 W V noise. ' natives are not selected. S. ess provides an Site Plan Review: The planning p roc 2. Subdivision Regulations: These regulations are used to opportunity to critically inspect and review every insure that large development projects are in compliance development plan that is Proposed. The process should with the General Plan and zoning. Setback regulations of the project's compatibility include an evaluation proposal can be used to reduce noise impact. As a receiver with the noise environment. The development moves away from the noise source, the noise decreases. with conditions to resolve any dif- can be approved Requiring setbacks from a transportation facility may ficulties due to noise levels. Techniques available or may not he effective, depending on the distance of include buffer strips, noise barriers, and other the setback. construction techniques. qi I. I I f I D. DOMESTIC NOSE SOURCES 45 CNEL. For exterior noise levels above 75 CNEL ad- The City shall encourage manufacturers and distributors ditional construction techniques would be needed to locating in Palm Desert to mitigate noise problems in achieve 45 CNEL interior noise levels. their operations. Also, the City shall inform local rest- 2. Erect barriers to reduce exterior yard areas to 65 dents how to control noises from local sources such as CNEL noise levels. If noise levels from outside sources animals, stereos, etc. The City shall consider a disturb- would increase noise levels in yards around residences ing-the-peace ordinance to regulate such noises, above 65 CNEL, barriers such as walls, earth berms, and E. NOISE ORDINANCE berm and wall in combination with landscaping can be used to bring noise levels in yards down to 65 CNEL. rn The City shall develop a comprehensive noise ordinance Z The height of such barriers would range from 6 to 12 M a which reflects the land use/noise relationship shown in yAy rn.. , Lr fire 6 and Table 4 and which s ecifies a feet, but typically are used at a maximum of six feet 1— --I 9 p ppropriate re- < s tric bons and. mitigation features for development in except adjacent to freeways. Once noise levels inn O _ N noise area. yards are reduced to 65 CNEL, building construction Z 10 techniques as discussed above can be used to reduce Z r Until the City has an adopted noise ordinance the following interior noise levels to 45 CNEL. O 3 Ln O is provided to comply with state and county standards to 3. Setback buildings behind 65 CNEL contour line. fn y attenuate noise impacts on the interior of a residence to r p 45 CNEL. There are three mitigation options as follows: Obviously combinations of all three mitigation options can 3 rn be employed depending upon specific conditions. Z 1 . Modify buildings through construction techniques. —4 Standard construction will provide noise reductions of Control of vehicular traffic is also an option which can 20 decibels with closed windows and 10 decibels with be used to reduce noise at the source. Truck traffic can open windows. Thus, buildings with an exterior noise be limited to specific routes and/or to specific hours of level of 65 CNEL or less will achieve 46 CNEL on the travel on certain route segments. vehicular speed limits interior with closed windows. If exterior noise levels can be controlled (lowered) on certain segments and/or CID X are between 65 and 70 CNEL increased glazing added to O X 9 9 during certain segments (for example, at night) in order O = n .-, standard windows would reduce interior noise levels to to reduce ambient noise levels at the most sensitive times W r I' n N 1 v sn id �e�� I i !� and locations. Road gradients can also affect noise, such a study the City shall establish acceptable noise the more gradual and gentle the gradient the less the levels for various land uses and make the necessary re- "Oise impact from vehicles. of the Element, visions to the implementation programs the zoning ordinance, building codes and subdivision Mitigation of construction-related noises can be accom- plished through the following measures: regulations, to reflect the acceptable noise levels. I. Restrict hours of operation of noise equipment to be twe.en 7 a.m. and 6 p.m., Monday through Saturday adja- M Z i cent to occupied residential areas, rn n 2. Stationary machines should be placed to direct noise r —I a away from sensitive receptors. < ,Il lli 3. Construction vehicles should be equipped Z q pped with adequate 1 D �•" OW mufflers. i y z r. O 3 r. �> F. NON-LOCAL ACTION y p m M The City shall discourage any regional, state or dederal to m nt r -4 actions which would increase the noise levels in the City 3'-4 and take a strong stand on ac oions which increase the noise m Z —1 levels beyond acceptable limits. The City shall also aid in the enforcement of federal and state standards for noise- producing equipment including cars, motorcycles, trucks, etc. G. NOISE STUDY N ' a The City shall, in the next budget g year, allocate adequate. 7 � m funds to hire a consultant to complete a thorough study of O x O 2 noise throughout palm Desert. Based on the conclusions of G . a a IICai � gCa1 CALIFORNIA VEHICLE NOISE LIMITS LAWS Sagew00d Plaza the vehicle was not operated in violation of Sections identification as provided in Division 16.5 (commencing 23130 or 23130.5. with Section 38000), which produces noise that exceeds 27150.8. The manufacturers of motorcycles and or in any way violates the noise emission standards or motorcycle accessories shall, prior to the sale or offering regulations adopted for such a motor vehicle by the Ad- for sale of any motorcycle exhaust system or part ministrator of the Environmental Protection Agency pur- thereof, including, but not limited to, a muffler,certify to suant to the Federal Noise Control Act of 1972 (P.L. the department that the exhaust system or part thereof is 92-574). in compliance with the standards and regulations (0 As used in this section, the term "register" is adopted by the commissioner which are applicable to equivalent to the term "licensing" as used in Section such exhaust systems or parts thereof and which are in 6(eX2) of the Noise Control Act of 1972 (P.L. 92-574; effect at the time of the first offering for sale at retail. Title 42, United States Code, Section 4905(e)(2)). The content and form of the certification shall be in ac- 27201. For the purpose of Section 27200, the noise cordance with procedures adopted by the commissioner. limit of 92 dbA shall apply to any motorcycle manufac- 27151. No person shall notify the exhaust system of a tured before 1970. motor vehicle in a manner which will amplify or increase 27202. For the purposes of Section 27200, the follow- the noise emitted by the motor of such vehicle so that the ing noise limits shall apply to any motorcycle,other than vehicle is not in compliance with the provisions of Sbc- a motor-driven cycle, manufactured: tion 27150 or exceeds the noise limits established for the (1) After 1969, and before 1973 .:.......... 88 dbA type of vehicle in Article 2.5 (commencing with Section (2) After 1972, and before 1975 ............ 86 dbA 27200) of this chapter. No person shall operate a motor (3) After 1974, and before 1981 ............ 83 dbA vehicle with an exhaust system so modified. (4) After 1980, and before 1986 ............ 80 dbA 27152. The exhaust gases from a motor vehicle shall (5) After 1985, and before 1990 ............ 75 dbA not be directed to the side of the vehicle between 2 feet (6) After 1989 ................................ 70 dbA and II feet above the ground. 27203. For the purposes of Section 27200, the noise 27153. No motor vehicle shall be operated in a man- limit of 82 dbA shall apply to any snowmobile manufac- ner resulting in the escape of excessive smoke, flame, tured after 1972. gas, oil, or fuel residue. The provisions of this section apply to motor vehicles 27204. For the purposes of Section 27200, the follow- of the United States or its agencies, to the extent ing noise limits shall apply to any motor vehicle with a authorized by federal law, gross vehicle weight rating of 6,000 pounds or more 27160. (Repealed by Ch. 83, Stats. 1975. Effective manufactured: January I, 1976.1 (1) After 1967, and before 1973 88 dbA 27161. (Repealed by Ch. 83, Stats. 1975. Effective ........... January I, 1976.1 (2) After 1972, and before 1975 ... 86 dbA (3) After 1974, and before 1978 ............ 83 dbA Article 2.5. Noise Limits 27204.5. For the purposes of Section 27200, the noise 27200.(a)The Department of Motor Vehicles shall not limit of 80 dbA shall apply to any motor vehicle with a register on a dealer's report of sale a new motor vehicle, gross vehicle weight rating of 6,000 pounds or more, but except an off-highway motor vehicle subject to identifica- not more than 8,500 pounds, manufactured after 1977. tion as provided in Division 16.5 (commencing with Sec- tion 38000), which produces a maximum noise exceeding 27205. For the purposes of Section 27200, the follow- the applicable noise limit at a distance of 50 feet from the ing noise limits shall apply to any motor vehicle with a centerline of travel under tests procedures established by gross vehicle weight rating of more than 8,500 pounds the Department of the California Highway Patrol. manufactured: (b) The Department of Motor Vehicles may accept a (1) After 1977, and before 1982 ............ 83 dbA dealers' certificate as proof of compliance with this arti- (2) After 1981 ................................ 80 dbA cle. (c) Test procedures for compliance with this article 27206. For the purposes of Section 27200, the follow- shall be established by the Department of the California ing noise limits shall apply to any other motor vehicle, Highway Patrol, taking into consideration the test not specified in this article, manufactured: procedures of the Society of Automotive Engineers. I After 1967, and before 1973 86 dbA (d) No person shall sell or offer for sale a new motor (2) After 1972, and before 1975 ............ 84 dbA vehicle, except an off-highway motor vehicle subject to (3) After 1975 ................................ 80 dbA identification as provided in Division 16.5 (commencing with Section 38000), which produces a maximum noise 27207. Notwithstanding the provisions of Section exceeding the applicable noise limit specified in this arti- '27205, no motor vehicle with a gross vehicle weight cle, and for which noise emission standards or rating of more than 10,000 pounds and equipped with an regulations have not been adopted by the Administrator engine speed governor shall produce a sound level ex- of the Environmental Protection Agency pursuant to the ceeding 88 dbA, measured on an open site at a distance of Federal Noise Control Act of 1972 (P.L. 92-574). 50 feet from the longitudinal centerline of the vehicle, (e) No person shall sell or offer for sale a new motor when its engine is accelerated from idle with wide open vehicle, except an off-highway motor vehicle subject to throttle to governed speed with the vehicle stationary, 12-1-80 EXHIBIT A-2 31 D12 The Register Thur., Mar. 26, 1981 By Timothy Johnson Formaldehyde foam in- DEAR DR. JOHNSON,- sulation, by the way, I recall vaguely that you shouldn't be confused with discussed the dangers of polyurethane foam insula- "tightening" a home in an tion. To date the latter effort to control heat wast- hasn't shown any toxicity age. Would you please go problems associated with over those dangers once . its use as insulation. more? If you'd like more docu-. .Maureen L., Erie,Pa. mentation on this subject, DEAR MAUREEN, see the Jan. 16, 1981, issue Given this.winter's spells -'of the Journal of the Ameri- of bitter cold weather, and can Medical Association. the consequent rush to tighten up our homes against heat leaks, your question is pertinent. The earlier column you referred to mentioned the increased danger of carbon monoxide poisoning in as- sociation with coal or wood stoves in homes tightened against the weather. There have been increasing re— ports ports of people being as- phyxiated under such con- ditions as they try to con- serve energy by cutting off the.flow of cold air into the home. In addition, however, an even more potent source of toxic fumes in modern homes lies in the use of formaldehyde foam for in- sulation. -Ample evidence now indicates that this type insulation can cause health problems, including irrita- tion of the eyes and res- piratory system, and can aggravate problems such as colds, headaches and coughs. There are other sources of formaldehyde fumes in the average home.For inst- ance, fumes from formal- dehyde-bonded partic- leboard,now widely used in the manufacture of furni- ture and other products. 32 s A RESPONSE FROM ----- ' The Puerto Rican Kid S IAf=F C op NOISE STUDY SAGEWOOD PLAZA Palm Desert, CA for McBAIL COMPANY 3732 Mt. Diablo BI. Lafayette, CA 94549 February, 1982 �. -Wx J Hc. Y FEB 1 1 1992 VtT7, ENCI7Y OF EPALM DESERT NTAL ES ENGINEERS ARCHITECTS PLANNERS Irvine, California Sagewood Plaza INDEX Item Page I . EXISTING SITE I II . CRITERIA 2 III. ANALYSIS 9 IV. ARCHITECTURAL CONTROL 19 V. RECOMMENDATIONS 22 F Location Map ii Exhibit II-1, EPA, Levels to Protect Health 3 Exhibit II-2, EPA, Noise Effect on Speech Communication 4 Exhibit II-3 Decibel , Common Noise Levels 8 Figure 1, Slider Door Seals 24 Figure 1, Gasketed Door Stop 25 Figure 2, Automatic Drop Seal 26 Appendix Exhibit A-1, General Plan--Noise Element 27 Exhibit A-2, California Vehicle Noise Limits Laws 31 Exhibit A-3, Residential "Tightening" 32 3708-12 C. E. Ema 1 ' — I C, 14 I,. L i • . � j �, i In L p I u (/ In 01 29 • r /cr IT 13 0 r1 VO ct m ' -- -) QI ti �ti P r_ T T . r z r-i i-r1. rri-7 r °�� \\ v C 7 N L ° oUc?ot7c3U m r U IF ; a z, C Kz EEz I �• �� f m 0!6 D '.gym cn bSo. @(nn in Z r w oc in P iw N - • x,�• � . I e o ►,Rho-g1•J�Q'7yn6�j�,Q,�a� Y `r � ? � ES i - PIT E` 3 . Sagewood Plaza I . EXISTING SITE - See page ii The proposed site for the Sagewood Plaza (Lot 104 of Tract 11791) "district commercial center" is located in the City of Palm Desert, California. It is bounded on the north by Country Club Drive, on the west by Monterey. Avenue, and on the east by Sagewood Drive; all are existing streets. The commercial site is bounded on the south by the residential portions of Tract 11791 . The following Lots of the Sagewood development back to the commercial property and the completed residences front the completed noted residential streets: LOT NOS. STREET 13,14 Sugarbush Ct 16-21,37-42 Sagewood Or There is an existing six foot high slumpstone concrete block wall on the property division between the commercial and residential zones. It would appear that the most feasible truck means of ingress/egress would be, see page ii : INGRESS Loading Dock* Via E Driveway C F Driveway B which would then allow for the truck to back in for unloading. EGRESS E Driveway B F Driveway C I ' * Both docks will serve the one market 1 Sagewood Plaza II . CRITIERA The following have been reviewed and are considered part of this noise \ study. �1 1. City of Palm Desert City Code--NOISE. The City staff point out that the existing Code suffers from "typo" problems regarding stated noise levels; they therefore refer to the General Plan-- Noise Element, which is the forerunner of a new noise ordinance. 2. City of Palm Desert, General Plan--Noise Element pgs 22-29 , Exhibit A-1 . 3. U .S. Environmental Protection Agency - Levels of Noise Requisite to Protect Public Health and Welfare, 550/9-74-004, March 1974; Exhibit II-1 . Exhibit II-1 shows that for External (outdoor) Noise, the value would be: Ldn or Leq of 55dB Then for the Interior ( Indoor) Noise critera, the value would be: Ldn or Leq of 45 d6 4. The other normal test for enjoyment of outdoor living in the southwest, is to assure that it would be possible for people to conduct a conversation in their backyard. 2 Table YEARLY AVERAGE*EQUIVALENT SOUND LEVELS IDENTIFIED AS REQUISITE TO PROTECT THE PUBLIC HEALTH AND WELFARE WITH AN ADEQUATE MARGIN OF SAFETY - Indoor .To Protect Outdoor To Protect Activity Hearing Loss Against Activity Hearing Loss st Again Measure Inter- Considera- Both Against Inter- Considera- Against st ference tion Ef- fects(b) Terence Lion Bothfects(b) Residential with Out- Ldn 45 45 55 55 side Space and Farm Residences Leq(24) 70 70 Residential with No Ldn 45 45 Outside Space Leq(24) 70 Commercial Leq(24) (a) 70 70(c) (a) 70 70(c) Inside Transportation LeQ(74) (a) 70 (a) Industrial Leq(24)(d) (a) 70 70(c) (a) 70 70(c) Hospitals Ldn 45 45 55 55 Leq(24) 70 70 Educational Leq(24) 45 45 55 55 Leq(24)(d) 70 70 Recreational Areas Leq(24) (a) 70 70(c) (a) 70 70(c) Farm Land and LeQ(14) (a) 70 70(c) General Unpopulated Land Code: i a. Since different types of activities appear to be associated with different levels,identifi- cation of a maximum level for activity interference may be difficult except in those circumstances where speech communication is a critical activity.(See Figure D-2 for noise levels as a function of distance which allow satisfactory communication.) b. Based on lowest level. C. Based only on hearing loss. d. An Leq(g)of 75 dB may be identified in these situations so long as the exposure over the remaining 16 hours per day is low enough to result in a negligible contribution to the 24-hour average,i.e., no greater than an Leq of 60 dB. Note: Explanation of identified levelfor hearing loss: The exposure period which results in hearing loss at the identified level is a period of 40 years. -Refers to energy rather than arithmetic averages. From: U.S. Environmental Protection Agency "Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety", March 1974, 550/9-74-004. 3 EXHIBIT 11-1 l NOISE EFFECT ON SPEECH COMMUNICATION 32 f P G S I1 Yf C G a :z, •:: o O C Y 4 c a d t. a 7 N G t L 4 C " N w o 2 N o i se- t C .::::. :. :::::... .......... u d is o �o `::.>:. .: ;:>:::i'.[:;s `::[:>[:a area where communication c is possible in "normal voice.. a� o ' :.................. .5 A-level 47 57 67 77 87 97 107 117 127 Noise level The figure shows that for noise levels up to 47 dBA satisfactory speech communication is possible in a normal voice level up to 32 feet. At noise levels less than 57 dBA, most people under most conditions will speak in a "normal" voice, At levels greater than 57 DBA, people unconsciously raise their voice level to compensate for the noise. If communications are not vital , the expected voice level in- creases about 3dB with each 10 dB increase in noise. This line is indicated as the "expected voice level" in the figure. If communications are vital , the "communicating voice" increase is 5 dB per 10 dB increase in noise. Nor- mally people will not communicate above a shout, but it is possible to communicate at 6 inches in noise levels of 117 dBA. EXHIBIT II-Z 4 Sagewood Plaza Exhibit II-2 shows the relationship of distance with the conduct- ance of conversation; which supports the need for an external environment in the realm of 55 dBA. 5. Because the Palm Desert Noise Element alludes to the criteria of the County of Riverside and in the absence of Palm Desert interior criteria; the County standards are: a. None listed for indoors. b. "DESIRED AVERAGE NOISE LEVELS OUTDOOR Ldn* NOISE LEVELS Day (7 AM-10 PM) Night (10 PM-7 AM) Urban Residential 60 dBA 60 dBA Commercial 90 dBA 65 dBA * It is again stressed that this method measures the average external noise exposure rather than the peak or single event nois'e .exposure to a community. Therefore, under this a diesel truck that creates a peak of 95 dB(A) could drive through a residential area requiring an Ldn of 55 dB(A) or less." C. The County of Riverside is in the process of revising their r , Noise Element. 6. California Noise Insulation Standards--Administrative Code, Title 25, paragraph T25-28: "(e) Noise Insulation from Exterior Sources. (2) Interior Noise Levels. Interior community noise equiva- lent levels (CNEL) with windows closed, attributable to exterior sources shall not exceed an annual CNEL of 45 dB in any habitable room." 5 Sagewood Plaza 7 . GLOSSARY Decibel : Exhibit II-3, explains the decibel (dB) and depicts on the sound level scale an assortment of conditions to which the reader may relate. A-Weighted Network, dBA: The ear does not respond equally to frequencies, but is less efficient at low and high frequencies than it is at medium or speech range frequencies. Thus, to obtain a single number representing the sound level of a noise containing a wide range of frequencies in a manner representative of the ears' response, it is necessary to reduce, or weight, the effects of the low and high frequencies with respect to the medium frequencies. The resultant sound level is said to be A-weighted, and the units are dBA. The dB(A) level is applied to report ambient noise and noise intru- sions, and it is invoked in computing Leq and LN. Statistical A-Weighted Noise Level ; LN: This scheme represents the A-weighted noise level , dBA, which is exceeded a per cent of the time over the duration of the sample noise measurement. Thus, Lgg , L90, L50, L10 , LI , denote the value of the nose level exceed 99, 90, 50, 10, and 1 per cent of the time. 6 Sagewood Plaza Equivalent Continuous Level , Leg: For studying long-term trends in environmental noise, it is convenient to use a single-number descriptor to define an entire day's noise history. The descriptor used is Leq, the continuous dB(A) level that would have produced the same A-weighted sound energy as the actual noise history. Day-Night Average-Sound Level , Ldn: A variation on Leq, is Ldn. For Ldn measurements, 10 dB is added to readings between 2200 and 0700 hours to account for the fact that people are less tolerant of noise during their sleeping hours. The Ldn is a scale equivalent to the CNEL with the exception that the evening period is deleted and all occurrences during 7:00 PM and 10:00 PM are included in the daytime period. Community Noise Equivalent Level , CNEL: CNEL is a scale which takes into account all the A-Weighted acoustic energy received at a point, from all noise events causing noise levels above some prescribed value. Weighting factors are included which place greater importance upon noise events occur- ring during the evening hours (7 :00 PM to 10:00 PM) and even greater importance upon noise events at night (10:00 PM to 7:00 AM) . Noise: Any sound which is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is other- wise annoying. 7 The decibel is defined as ten times the logarithm to the base ten of the ratio between two quantities of power. As thu simnif power is related to the square of the sound pressure a convenient scale for sound (noise) measure- ments Is defined as: r Sound Pressure Level = 10 log P = 20 log ( P . dB. � PO P. where p is the sound pressure being measured and p, is a reference sound pressure, normally taken to be 0.0002 boar. It should be noted that the term level has been introauced in the above equation. This indicates that the given quantity has a certain level above a certain reference quantity (0.0002 µbar = 2 X 10' Nim'). FIGURE 33 . _ Sound pressure Sound level in dB Environmental conditions in bar 140 1 — 134 I Threshold of pain mbar 130 Pneumatic chipper 120 100 — 114 I Loud automobile horn (dist. 1 m) µbar 110 100 — 10 — 94 I Inside subway train (New York) µbar 90 Inside motor bus 80 — 1 — 74 I Average traffic on street corner µbar 70 Conversational speech 60 0.1 — 54 ( Typical business office µbar 50 Living room, suburban area 40 0.01 — 34 I Library /ibar I 30 1— Bedroom at night 20 0.001 14 I Broadcasting studio fibar 10 0.0002 I I Threshold of hearing µbar Source: Brach, 1971 Some commonly encountered noise levels (sound pressure levels). EXHIBIT II-3 8 Sagewood Plaza III. ANALYSIS Exterior i 1 . The major noise impact from the creation of the "district com- mercial center" is found to be the truck as a noise generator. Potentially the following backyards (Table III-1 ) could be affected, depending upon the barrier six foot concrete slumpstone tract wall and effect of intervening structures/fences. TABLE III-1 ELEVATION RELATIONSHIP COMMERCIAL TO RESIDENTIAL DISTANCE TOP OF LOT TRUCK PATH COMML WALL COMML TO LOT LOT NO. ELEV TO RESIDENCE ELEV ELEV ELEV 12 220.3 153 NA 224 230.5 3.7 13 220.3 100 224 230.5 3.7 - 14 220.2 67 224.5 231 4.3 15 219.5 145 224.5 231 5 16 219.2 77 225 232 5.8 17 219.0 50 225 232.5 6 18 218.8 46 225 232 .5 6.2 19 218.6 45 224.8 232.5 6.2 20 218.3 47 224.7 232 6.4 21 218.1 68 224.7 231.5 6.6 37 215 .3 80 224.5 229.5 9.2 38 215 .6 61 223 229 7.4 39 215 .8 68 222 228 6.2 40 216.1 135 222 227 .5 5.9 41 216.5 205 222 227.5 5.5 42 216.9 282 222 227.5 5.1 NA = The house on Lot 13 becomes a sound barrier and therefore shelters the house of Lot 12; which means that close by direct truck noise is not anticipated to reach the living structure of Lot 12. Likewise the Lot 12 house becomes a barrier to Lot 11. 9 Sagewood Plaza 2. Discussions with the tentative market proprietor reveal that knowing the City hours of day regulations ( see EXHIBIT A-1) in regard to choice of supply operations, they will schedule truck deliveries within the 7 AM to 10 PM hours; which has the criteria: OUTDOOR NOISE LEVELS Day (7 AM to 10 PM) Night- ( 10 PM to 7 AM) Commercial 70-90 dBA 55-65 dBA Urban Residential 60-65 dBA 50-60 dBA Their truck fleet has the following characteristics: Worst Supplier A Supplier B Condition GVW, lb 80,000 80,000 80,000 Length, max ft 65 65 65 Fuel power diesel diesel diesel Dist bumper to exhaust, ft 7+ NA 7+ Wheels 18 18 18 Model year 1969 to 1979 & 1969 1979 newer ` I 10 Sagewood Plaza 3. Calculations For the exterior case, the receiver (human ear) is set at five foot height and because the back yard is being analyzed, a fictitious patio location of five foot from the house is chosen for the "outdoor living" test point. From EXHIBIT A-2, the worst condition of truck noise generation is chosen for the anticipated 1969 trucks to be involved in commer- cial center supply transportation; viz: dBA at 50 foot distance Truck, 1969 88 Truck, 1972 86 Truck, 1974 83 Truck, 1981 80 Auto 8 Motorcycle, 1974 83 Motorcycle, 1980 80 6' 11 Sagewood Plaza TABLE III-2 BACKYARD BARRIER RESULTS, dBA SINGLE EVENT LOT *TRUCK (@ Patio) minus BARRIER equals **EXTERIOR 12 78.0 5.2 72.8 13 81.6 6.9 74.7 14 86.1 9.0 -77.1 15 79.1 5.2 73.9 16 84.7 6.2 78.5 17 88.9 9.3 79.6 18 89.7 10.3 -79.4 19 88.9 9.8 -79.1 20 88.5 8.8 - 79.7 21 85.3 5.9 - 79.4 37 83.9 8.0 75.9 38 87.0 10.7 76.3 39 85.3 6.9 78.4 40 79.4 5.5 73.9 41 75.1 5.0 - 70.1 42 72.9 5.0 67.9 * This is a "worst case" truck and it will not occur with every, N delivery "in and out" commercial center traverse; because, some utilized trucks will be 5 or more dBA less. \ ** While the values are within the daytime allowable band ( see paragraph "III,2." above) for "commercial ," they exceed the "residential" allowable band. 12 Sagewood Plaza Interior 1 . The major noise impact from the creation of the "district com- mercial center" is found to be the truck as a noise generator. Potentially the following residences (Table III-3 ) could be affected, depending upon the barrier (six foot concrete slumpstone tract wall ) effect of intervening structures and fences. 2. The same criteria and truck characteristics utilized above in paragraph "III. Exterior, 2." will be here applied. 3. Calculations For the interior case, the receiver (living area) is set at seven foot height above the lot pad elevation and at the structure closest point to the noise generator. From EXHIBIT A-2, the worst condition of truck noise generation is chosen for the anticipated 1969 trucks to be involved in commer- cial center supply transportation; viz: dBA at 50 foot distance Truck , 1969 88 Truck, 1972 86 Truck , 1974 83 Truck , 1981 80 Auto 76 Motorcycle, 1974 83 Motorcycle, 1980 80 13 Sagewood Plaza TABLE III-3 SINGLE EVENT RESIDENCE BARRIER RESULTS, dBA TRUCK LOT (@ Residence) minus BARRIER minus *WINDOW **INTERIOR it 74.9 5.0 25 44.9 12 78.3 5.0 25 48.3 13 82.0 5.8 25 51.2 14 85.5 6.3 25 54.2 15 78.8 6.5 25 47.3 16 84.2 5.5 25 53.7 17 88.0 7.1 25 55.9 18 88.7 7.7 25 56.0 19 88.0 6.3 25 56.7 20 88.5 7.4 25 56.1 21 85.3 5.4 25 54.9 37 83.9 6.5 25 52.4 38 86.3 7.6 25 53.7 39 85.3 5.9 25 54.4 40 79.4 5.0 25 49.4 41 75.7 5.0 25 45.7 42 72 .9 5.0 25 42.9 82 75.3 5.0 25 45.3 * Weathers tripped, double strength glass/solid core door. ** While the values are within outdoor daytime allowable band ( see paragraph "III, Exterior, 2." above) for "residential ," they exceed the "residential" allowable criteria for California-- "CRITERIA II, 6.". 14 Sagewood Plaza MITIGATIONS Exterior 1 . It should be remembered that through national and state actions the noise level generated by vehicles is gradually being reduced. 2. Not all of the trucks invoked for supply transportation are as old as the noisy 1969 model ; eg, the to be applied 1979 models should be 5 dBA quieter. 3. Most Noise Ordinances/Elements of jurisdictions have a "time duration" variance for the Criteria/Standard, viz: "It shall be unlawful for any person at any location within the unincorporated area of the County to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level , when measured on any other residential property, either incorporated or unincorporated, to exceed: (1) The noise standard for a cumulative period of thirty (30) minutes in any hour; or (2) The noise standard plus five (5) dBA for a cumulative period of more than fifteen (15) minute in any hour; or (3) The noise standard plus ten (10) dBA for a cumulative period of more than five (5) minutes in any hour; or (4) The noise standard plus fifteen (15) dBA for a cumulative period of more than one (1) minute in any hour; or (5) The noise standard plus twenty (20) dBA for any period of time. (c) In the event the ambient noise level exceeds any of the first four (4) noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level . In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level ." 15 Sagewood Plaza MITIGATIONS continued Interior 1. Those mitigations/discussion listed above under "Exterior" also apply to the noise broadcast and falling upon the residences, potentially penetrating the interior. 2. Only the residences immediately adjacent to the "district com- mercial center" are thought to be impacted; because, the bedrooms of homes across Sagewood Dr are to the rear and away from their street facing frontage. Also, their further distance from the noise generation source reduces the impact by amounts such as: Residence dBA Lot 12 vs Lot 11 53.3 down to 49.9 Lot 19 vs Lot 82 61 .7 down to 50.3 3. Most Noise Ordinances/Elements of jurisdictions have a "time duration" variance for the Criteria/Standard, viz: "It shall be unlawful for any person at any location within the unincorporated area of the County to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level , when measured on any other residential property, either incorporated or unincorporated, to exceed: (1 ) The noise standard for a cumulative period of thirty (30) minutes in any hour; or (2) The noise standard plus five (5) dBA for a cumulative period of more than fifteen (15) minute in any hour; or 16 Sagewood Plaza (3) The noise standard plus ten (10) dBA for a cumulative period of more than five (5) minutes in any hour; or (4) The noise standard plus fifteen (15) dBA for a cumulative period of more than one (1) minute in any hour; or (5) The noise standard plus twenty (20) dBA for any period of time. (c) In the event the ambient noise level exceeds any of the first four (4) noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level . In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level ." 17 Sagewood Plaza The truck supply transportation schedule tentatively is: Day Supplier A Supplier B Monday x x Tuesday x - Wednesday x x Thursday x - Friday x x Saturday - - Sunday - - For every supply trip there would be an "in and out" noise genera- tion movement and it is probable that the truck onsite traverse would not consume more than five minutes each. Therefore, there could be the following quantity of truck noise impact generations per day: Day Suppliers Monday 4 Tuesday 2 Wednesday 4 Thursday 2 Friday 4 Saturday - Sunday - 4. The supplier has offered to operate the truck deliveries so as to only occur on the "district commercial center" in the daytime hours--7 AM to 10 PM. 18 Sagewood Plaza IV. ARCHITECTURAL CONTROL In order to mitigate the proposed "district commercial center" impact on the Sagewood Plaza Tract 11791 to the HUD Interior Criteria (EXHIBIT II-1) of 45 Ldn, the plans for the models: 1740 1800 2100 dated 1979, have been checked for noise attenuation. ASSUMPTIONS The residences for Tract 11791 have been constructed in accordance with State of California, Title 24 Energy Regulations for insulation. RESIDENTIAL SHELL INVENTORY--Tract 11791 Surface/Item Construction Material STC* Floors Conc Slab Not Involved Ext Wall 7/8 Stucco, 2x4, R-11 insulation, 42+ Sides/Back 1/2 drywall Ceiling 1/2 drywall , R-19 insulation 40 Roof 1/2 ply, felt underlay, roof tile 20+ Windows Double strength sliding, 25 weatherstripped Patio Doors 3/16 tempered, weatherstripped 25 Doors--Ext 1-3/4 solid core 25 19 Sagewood Plaza * The Sound Transmission Class (STC) is a single number rating for airborne sound, which represents the transmission loss performance of of a wall/portion of structure at all test frequencies. The higher the STC rating, the more efficient the construction. The STC rating results from comparing a transmission loss test curve (100 through 4000 Hz) with a standard frequency curve and is read at 500 Hz. To estimate the bare minimum STC required of a construction to obtain privacy, subtract the level of the background noise ("Criteria," for this case) on one side of the construction from the level of sound that strikes the outside. The STC rating is useful when designing walls that provide attenua- tion against the sounds of speech, music, radio, or television. It is not valid for noise sources having spectra that differ markedly from the above, e.g. , industrial processes, aircraft ( 125 through 4000 Hz) , motor vehicles, power transformers, and the like. Additional attentuation factors will accrue as this project matures, such as: other shielding, ground cover, shrubbery, room absorption (drapes, carpet, furniture and textures ) ; which have not been included in these calculations. The STC values (from laboratory measurements) are here employed to guide us for the probable outcome of the "ambient noise level in living areas" . 20 Sagewood Plaza ANALYSIS From Table III-2, it may be seen that residences on the following lots would have their sleeping interior impacted vs the State of California, or HUD criteria of 45 Ldn and CNEL respectively. Shielded (not on a direct line of sight between the residence location and truck noise generation source) windows and doors would not require additional attenuation; except, those not having full surround (including thres- hold) weatherstripping must have it installed. TABLE IV-1 SINGLE EVENT IMPACT* To be Lot *Interior dBA minus STD equals Attenuated 12 48.3 45 3.3 13 51.2 45 6.2 14 54.2 45 9.2 15 47.3 45 2.3 16 53.7 45 8.7 17 55.9 45 10.9 18 56.0 45 11 .0 19 56.7 45 11 .7 20 56.1 45 11.1 21 54.9 45 9.9 37 52.4 45 7.4 38 53.7 45 8.7 39 54.4 45 9.4 40 49.4 45 4.4 41 45.7 45 0.7 J 21 Sagewood Plaza V. RECOMMENDATIONS Exterior Because of the time duration involved with the tentative truck delivery schedule ( see "III, MITIGATIONS, Exterior 3.") being short and infre- quent, it is thought the projected impacts of Table III-2 will not adversely impact the residential exterior livability. The automobile will generate some ten decibels less than the truck, while the motorcycle could be five or more less than the truck. Of course, it will be the vehicle not operated to California Code that will be the intruder--hot rod vehicles and motorcycles. Lowering the drive (fire lane) behind the market, for two+ feet would only increase the fence barrier effect by one-half to one dB and therefore would not be an expedient toward reducing the values of Table III-2 ; a lowered drive would only make for a drainage problem. It is therefore recommended that no other treatments be effected in an attempt to improve the exterior ambient condition. Interior Because the worst condition truck (1969) only could be supplying the market, if it alone of the fleet were driven every day, a maximum of ten (in and out) impacts, single events, would occur per week: 22 Sagewood Plaza Day Supplier A Monday x Tuesday x Wednesday x Thursday x Friday x Saturday - Sunday - However, it will take a year to bulid this project and with time the older trucks get retired. Therefore, the potential imapcts will not vary the Ldn criteria. The following modifications to existing residences are recommended, in order to ensure tightening of the exposed surfaces. o Aluminum slider windows should be inspected to ascertain that they are fully perimeter sealed. o Shielded windows (not on a direct line of sight between the residence location and truck noise generator) of any type do not require modification; but, it should be ensured that they are perimeter sealed. o Sliding glass doors require the same treatment as described under Figure 1 modifications, if not sealed. o Hinged doors, of the exterior solid core type, are to be modified with gasketed stops and an integral drop seal or equivalent threshold seal , Figures 2 and 3; where equivalent sealing does not exist. 23 WaII 1/4" Thick Foam Tape with Adhesive Back 3/4" x 3/4" Aluminum Channel The Adjacent Fixed mounted as shown at top, bottom, Panel should be Sealed and lock side at these similar Points and at the Jamb Side Slider Door i Floor Outside I Interlocker between Sliding Panel and Fixed Panel: most Doors have just one Weatherstrip, as shown,and additional Foam should be pressed into the slots. Do Foam Strip not use the adhesive-back type here. Scale 1 " SLIDER DOOR SEALS FIGURE 1 24 Door -4 I I I I � 0 Wall Rubber Bonded to Wood Adjustable Stop tz Assembly Wood Screw — Slotted Washer in Countersunk hole Jamb Scale GASKETED DOOR STOP FIGURE 2 25 Seale Alternate 1011'lop Door Bottom Location I Threshold �� r+ /; " Drop Seal Shown in Down Position AUTOMATIC DROP SEAL FIGURE 3 26 a z W d its impact on various uses by relating common sounds to the ,,,, IMPLEMENTATION STRATEGIES noise standards. Various Federal and State agencies have responded to the noise problem by establishing noise standards for certain activities. In final analysis, however, each community must decide the . A ' level of noise exposure its residents are willing t8 tolerate n example is California's noise emission standards for newly within a limited range of values below the known levels of build vehicles. However, Federal and State actions are not h ness on the health impairment. Table 4 illustrates the range of desired enough. There must be a commitment and a willing i average noise levels by land use category as adopted by the part of local officials to take action if there are to be cities of Palm Springs, Indio and Rancho Mirage and Riverside "iable solutions to the various aspects of the noise problems. the Purpose of this section is to m County. Palm Desert should consider adopting similar accept- present policies and strut. Z m able noise levels. gies which the city could adopt to control the noise levels in p n � yy r+ the community. _ r J, TABLE 4 A. assumptions r O I• a -n DESIRED AVERAGE NOISE LEVELS The Implementation Strategies are based on the following Z -0 fV BY LAND USE CATEGORY In V assumptions: Z t— Outdoor Land Noise Levels O 3 Land Use Category Daum-10 Night (IOpm-7am) 1. The concept that quietness mess is a desirable environmental fN O m m Rural Residential characteristic. N (Very Low and Low 2. It is within the public's health, safety and general 3 � Density Residential) 50-60 dB(A) 50-60 d0(A) Urban Residential welfare to control noise. m Z (Medium and High Density Residential) 60-65 dB(A) 50-60 dB(A) 3. The Implementation Strategies most be accomplished Commercial 70-90 dB(A) 55-65 dB(A) through coordinated effort by the public, private Industrial 70-90 dB(A) 55-70 dB(A) enterprise, and all levels of government. 4. Controlling the source of noise is the most desirable N approach. lO S. Governmental Regulation fD m --------- - - -- o X There are a wide variety of governmental regulations avail- 0 �•. CD able to control noise in Palm Desert. Many of the techni- ques descrihed here are already available to control noise N Y N O c t+ Y� IIeA 1 N ' II N t Nto Q d ~ II co . II Build in Codes: Noise reducinginsulation and other m v. in Palm Desert. Many of the techniques described here 1. 9 I o � techniques can be used to minimize nimi ze indoor exposure to X are already available to control noise in Palm Desert. W II 0) it to In some cases, noise will have to be included. noise. As DrevSou sly stated, State law now requires special noise insulation of new multi-family dwellings 1. Zoning: Zoning could be used to control land use type •'� constructed within the 60dB(CNCL or Ldn) noise exposure and density around noise sources. Land use patterns can ssary, the City shall require. builders he delineated in a manner reflecting compatibility with contours. if nece +� to mitigate noise impacts by methods such as insula- existing and potential noise levels as discussed in pre- I W vious sections. Noise-sensitive land uses such as tion not only for multi-family units but also tingle f K J residential, schools, libraries, churches, and hospitals family units. NW should he controlled in areas of high noise levels, while A. En iro mental Impact Report: The City should require, I taa W ( 0 N noise-tolerant land uses such as industry, and commerce through the E1R review process, all developers of rest- '" � O G Z should be encouraged in those areas. dentlal property in "Normally Unacceptable" noise zones O ! 1I C- t defined by HUD standards to present alternatives for N In order to be consistent with the General Plan, as re- Such alternatives may in- dealing with noise impact. i a quired by State law, the Zoning Ordinance will be comp- II > dude wall and window ecous tit treatment, additional setbacks. shielding eldf ng of open space areas, etc. . including H G rehensively revised. The City should consider estab- 1 "= lishing performance standards within a zone [o abate ,I 2 estimates of additional costs if noise abatement alter W tal t7 noise. .� natives are not sclec ted. plate: The planning D roc ess provides an 2. Subdivision Regulations: These regulations are used to opportunity to critically inspect and review every '; insure that large development projects are in compliance proposed. The process should g p D J p development plan that is p D with the General Plan and zoning. Setback regulations roJect's compatibility include an evaluation of the P can be used to reduce noise impact. As a receiver with the noise environment. The development proposal moves away from the noise source, the noise decreases. dif can be app roved with conditions to resolve any Requiring setbacks from a transportation facility may ryeultles due to noise levels. Techniques available or may not be effective, depending on the distance of noise barriers, and other include buffer strf ps. ' the setback. •�I construction techniques. Lid II�si �. � f I D. DOMESTIC NOISE SOURCES 45 CNEL. For exterior noise levels above 75 CNEL ad- The City shall encourage manufacturers.and distributors ditional construction techniques would be needed to locating in palm Desert to mitigate noise problems in achieve 45 CNEL interior noise levels. their operations. Also, the City shall inform local rest- 2. Erect barriers to reduce exterior yard areas to 65 dents how to control noises from local sources such as CNEL noise levels. If noise levels from outside sources animals, stereos, etc. The City shall consider a disturb- would increase noise levels in yards around residences ing-the-peace ordinance to regulate such noises. above 65 CNEL, barriers such as walls, earth berms, and E. NOISE ORDINANCE berm and wall in combination with landscaping can be used to bring noise levels in yards down to 65 CNEL. rn The City shall develop a comprehensive noise ordinance m The height of such barriers would range from 6 to 12 A n . � ' which reflects the land use/noise relationship shown in feet, but typically are used at a maximum of six feet t— < Figure 6 and Table 4 and which specifies appropriate re- except adjacent to freeways. Once noise levels in ��•�' strictions and. mitigation features for development in y OT N noise area. yards are reduced to 65 CNEL, building construction Z tO techniques as discussed above can be used to reduce Z r Until the City has an adopted noise ordinance the following interior noise levels to 45 CNEL. CD 3 to O is provided to comply with state and county standards to 3. Setback buildings behind 65 CNEL contour line. m y attenuate noise impacts on the interior of a residence to r A 45 CNEL. There are three mitigation options as follows: Obviously combinations of all three mitigation options can 3 m be employed depending upon specific conditions. Z 1. Modify buildings through construction techniques. --I Standard construction will provide noise reductions of Control of vehicular traffic is also an option which can 20 decibels with closed windows and 10 decibels with be used to reduce noise at the source. Truck traffic can open windows. Thus, buildings with an exterior noise be limited to specific routes and/or to specific hours of level of 65 CNEL or less will achieve 46 CNEL on the travel on certain route segments. Vehicular speed limits C` interior with closed windows. If exterior noise levels tO can be controlled (lowered) on certain segments and/or £ X are between 65 and 70 CNEL increased glazing added to O X 9 9 during certain segments (for example, at night) in order O i = O i standard windows would reduce interior noise levels to to reduce ambient noise levels at the most sensitive times N y a is r 27 I i I � it and locations. Road gradients can also affect noise, such a study the City shall establish acceptable noise the more gradual and gentle the gradient the less the levels for various land uses and make the necessary re- noise impact from vehicles. visions to the implementation programs of the Element, the zoning ordinance, building codes and subdivision ! Mitigation of construction-related noises can be accom- plished through the following measures: regulations, to reflect the acceptable noise levels. 1. Restrict hours of operation of noise equipment to be ! tween 7 a.m. and 6 M p.m. , Monday through Saturday adja- f*1 Z cent to occupied residential areas. m n"2. Stationary machines should be placed to direct noise r —1 away from sensitive receptors. v-t 3. Construction vehicles should be equipped with adequate Z O mufflers. j y C:) z r. i! 0 3 .. F. NON-LOCAL ACTION in p rn M The City shall discourage any regional, state or dederalrn to r A actions which would increase the noise levels in the City 3 -4 and take a strong stand on actions which increase the noise m Z 1 levels beyond acceptable limits. The City shall also aid in the enforcement of federal and state standards for noise- producing equipment including cars, motorcycles, trucks, etc. G. NOISE STUDY N N The City shall, in the next budget g year, allocate adequate 1 N S m funds to hire a consultant to complete a thorough study of O X o 2 noise throughout Palm Desert. Based on the conclusions of G F-, Do I gCaf � gCa.1 CALIFORNIA VEHICLE NOISE LIMITS LAWS Sagewood Plaza the vehicle was not operated in violation of Sections identification as provided in Division 16.5 (commencing 23130 or 23130.5. with Section 38000), which produces noise that exceeds 27150.8. The manufacturers of motorcycles and or in any way violates the noise emission standards or motorcycle accessories shall, prior to the sale or offering regulations adopted for such a motor vehicle by the Ad- for sale of any motorcycle exhaust system or part ministrator of the Environmental Protection Agency pur- thereof, including, but not limited to, a muffler,certify to suant to the Federal Noise Control Act of 1972 (P.L. the department that the exhaust system or part thereof is 92-574). in compliance with the standards and regulations (f) As used in this section, the term "register" is adopted by the commissioner which are applicable to equivalent to the term "licensing" as used in Section such exhaust systems or parts thereof and which are in 6(ex2) of the Noise Control Act of 1972 (P.L. 92-574; effect at the time of the first offering for sale at retail. Title 42, United States Code, Section 4905(e)(2)). The content and form of the certification shall be in ac- 27201. For the purpose of Section 27200, the noise cordance with procedures adopted by the commissioner. limit of 92 dbA shall apply to any motorcycle manufac- 27151. No person shall notify the exhaust system of a tured before 1970. motor vehicle in a manner which will amplify or increase 27202. For the purposes of Section 27200, the follow- the noise emitted by the motor of such vehicle so that the ing noise limits shall apply to any motorcycle,other than . vehicle is not in compliance with the provisions of Sec- a motor-driven cycle, manufactured: tion 27150 or exceeds the noise limits established for the (1) After 1969, and before 1973 .:.......... 88 dbA type of vehicle in Article 2.5 (commencing with Section (2) After 1972, and before 1975 ............ 86 dbA 27200) of this chapter. No person shall operate a motor (3) After 1974, and before 1981 ............ 83 dbA vehicle with an exhaust system so modified. (4) After 1980, and before 1986 ............ 80 dbA 27152. The exhaust gases from a motor vehicle shall (5) After 1985, and before 1990 ............ 75 dbA not be directed to the side of the vehicle between 2 feet (6) After 1989 ................................ 70 dbA and I feet above the ground. 27203. For the purposes of Section 27200, the noise 27153. No motor vehicle shall be operated in a man- limit of 82 dbA shall apply to any snowmobile manufac- ner resulting in the escape of excessive smoke, flame, tured after 1972. gas, oil, or fuel residue. The provisions of this section apply to motor vehicles 27204. For the purposes of Section 27200, the follow- of the United States or its agencies, to the extent ing noise limits shall apply to any motor vehicle with a authorized by federal law. gross vehicle weight rating of 6,000 pounds or more 27160. [Repealed by Ch. 83, Stats. 1975. Effective manufactured: January I, 1976.] I After 1967, and before 1973 . 88 dbA 27161. [Repealed b Ch. 83, Stats. 1975. Effective � P y 2 After 1972, and before 1975 ............ 86 dbA January I, 1976.] 3 After 1974, and before 1978 83 dbA Article 2.5. Noise Limits 27204.5. For the purposes of Section 27200, the noise 27200.(a)The Department of Motor Vehicles shall not limit of 80 dbA shall apply to any motor vehicle with a register on a dealer's report of sale a new motor vehicle, gross vehicle weight rating of 6,000 pounds or more, but except an off-highway motor vehicle subject to identifica- not more than 8,500 pounds, manufactured after 1977. tion as provided in Division 16.5 (commencing with Sec- 27205. For the purposes of Section 27200, the follow- tion 38000), which produces a maximum noise exceeding the applicable noise limit at a distance of 50 feet from the ing noise limits shall apply to any motor vehicle with a centerline of travel under tests procedures established by gross vehicle weight rating of more than 8,500 pounds the Department of the California Highway Patrol, manufactured: (b) The Department of Motor Vehicles may accept a (1) After 1977, and before 1982 ............ 83 dbA dealers' certificate as proof of compliance with this arti- (2) After 1981 ................................ 80 dbA cle. (c) Test procedures for compliance with this article 27206. For the purposes of Section 27200, the follow- shall be established by the Department of the California ing noise limits shall apply to any other motor vehicle, Highway Patrol, taking into consideration the test not specified in this article, manufactured: procedures of the Society of Automotive Engineers. I After 1967, and before 1973 86 dbA (d) No person shall sell or offer for sale a new motor (2) After 1972, and before 1975 ............ 84 dbA vehicle, except an off-highway motor vehicle subject to (3) After 1975 ................................ 80 dbA identification as provided in Division 16.5 (commencing with Section 38000), which produces a maximum noise 27207. Notwithstanding the provisions of Section exceeding the applicable noise limit specified in this arti- 27205, no motor vehicle with a gross vehicle weight cle, and for which noise emission standards or rating of more than 10,000 pounds and equipped with an regulations have not been adopted by the Administrator engine speed governor shall produce a sound level ex- of the Environmental Protection Agency pursuant to the ceeding 88 dbA,measured on an open site at a distance of Federal Noise Control Act of 1972 (P.L. 92-574). 50 feet from the longitudinal centerline of the vehicle, (e) No person shall sell or offer for sale a new motor when its engine is accelerated from idle with wide open vehicle, except an off-highway motor vehicle subject to throttle to governed speed with the vehicle stationary, 12-1-80 EXHIBIT A-2 31 D12 The Register Thur., Mar. 26, 1981 7777 By Timothy Johnson Formaldehyde foam in- DEAR DR. JOHNSON. - sulation, by the way, I recall vaguely that you shouldn't be confused with discussed the dangers of polyurethane foam insula- "tightening" a home in an tion. To date the latter effort to control heat wast- hasn't shown any toxicity age. would you please go problems associated,with over those dangers once its use as insulation. more? H you'd like more docu-_ .Maureen L.,Erie,Pa. mentation on this subject, DEAR MAUREEN, see the Jan. 16, 1961, issue Given this-winter's spells !Hof the Journal of the Ameri- of bitter cold.weather, and can_M__edica_1 Association. the consequent rush to ' tighten up our homes against heat leaks, your question is pertinent. The earlier column you referred to-mentioned the increased danger of carbon monoxide poisoning in as- sociation with coal or wood stoves in homes tightened against the weather.There have been increasing re- ports of people being as- phyxiated under such con- ditions as they try to con- serve energy by cutting off the flow of cold air into the home. . In addition, however, an even more potent source of toxic fumes in modern homes lies in the use of formaldehyde foam for in- sulation. -Ample evidence now indicates that this type insulation can cause health problems, including irrita- tion of the eyes and res- piratory system, and can aggravate problems such ,I as colds, headaches and coughs. There are other sources of formaldehyde fumes in the average home.For inst- 1 ance, fumes from formal- dehyde-bonded partic- leboard,now widely used'in the manufacture of furni- ture and other products. 32 Vh ERWIN & ANDERHOLT A PROFESSIONAL LAW CORPORATION DAVID J.ERWIN PALM SPRINGS OFFICE J.JOHN ANDERHOLT 74-090 EL PASEO JEFFERY S.R.PATTERSON 960 EAST TAHOUITZ-ML C.4 LLUM WAY MICHAEL J.ANDELSON POST OFFICE BOX 789 SUITE 203 DOUGLAS S.PHILLIPS PALM DESERT, CALIFORNIA 92261 PALM SPRINGS,CALIFORNIA 92262 GREGORY A.S WAJIAN TELEPHONE(619)568-2611 CHARLES M.ELLIS TELEPHONE(619)322-2466 LANTSON E.ELDRED JOHN LSUPPLE TERRENCE J.WALTON,CPA CAL M�INTOSH ADMINISTRATOR BARBARA E.KRISTAL WILLIAM K.HANLIN+ *MEMBER BRITI$N COWMBIA,MANITOBAAND CANADIAN BAR.NOT ADM ITTED IN CALIFORNIA. December 4, 1984 Mr. Ray Diaz City of Palm Desert [)� Post Office Box 1977 ` -1 Palm Desert, California 92261 EIVVIRO��q N,_, SEKVICES MFI� Re: Plaza de Monterey CC&R' s � SCRT Dear Ray: I have read the CC&R' s in the Plaza de Monterey matter provided to me by yourself and Sandra Yavitz, Project Manager. I have no objection to any of the conditions set forth in the Covenants, Conditions and Restrictions and grants of easements so long as you have no problem with the exhibits that are attached thereto from a planning stand- point. I am returning all of the documents to you for your file. You ve y truly, VID J. ERWIN DJE/vcd enclosures CC: Carver Management Corporation Attention: Sandra Yavitz EXHIBIT "A" Parcels 1 through 8 of Parcel Map No. 18764 per map recorded in Book 125 at Pages 345-354 of Parcel Maps , Records of Riverside County, State of California . ;r CARVER MANAGEMENT CORPORATION SHOPPING CENTER LEASING AND MANAGEMENT November 27 , 1984 c�) � Mr . Ray Diaz TAESERVICES Planning Director VIRONMEN DESERT City of Palm Desert E CRY OF FARM 73510 Fred Waring Drive Palm Desert, Ca. 92260 Re: Covenants, Conditions and Restrictions Plaza de Monterey Dear Mr . Diaz : Enclosed please find a copy of the Covenants , Conditions and Restrictions and Grant of Easements for Plaza de Monterey. Per Case No. 18764 we are required to submit these to the City Attorney for his approval prior to recordation . Lucky Market is now reviewing the document and it should be finalized by mid December . If you would have the City Attorney review, approve , and note this by letter for my file I will be able to expedite the recording of this document . Ray , if you or the City Attorney have any questions , please don ' t hesitate to call me at (619) 325-8171 . Sincerely, . 1W -- Sandra G. Yavitz Project Manager SGY: pg Enclosure 559 SOUTH PALM CANYON DRIVE • PALM SPRINGS. CALIFORNIA 92262 • 18191 325 8171 1 - J NOISE STUDY SAGEWOOD PLAZA Palm Desert, CA for McBAIL COMPANY 3732 Mt. Diablo BI. Lafayette, CA 94549 C" y CE [EXHIBIT LM U- 5ERT PA F'Til,s'£!3 T Gt� [RCrd-°Er7TAL s�:l;°stc�s c e.+ D I-4a February, 1982 O �- $a F E 8 1 1 1982 ENVIRONMENTAL SERVICES Vt1'ti CITY OF PALM DESERT ENGINEERS ARCHITECTS PLANNERS Irvine, California Sagewood Plaza INDEX Item Page I. EXISTING SITE I II . CRITERIA 2 III. ANALYSIS 9 IV. ARCHITECTURAL CONTROL 19 V. RECOMMENDATIONS 22 Location Map ii Exhibit II-1, EPA, Levels to Protect Health 3 Exhibit II-2, EPA, Noise Effect on Speech Communication 4 Exhibit II-3 Decibel , Common Noise Levels 8 Figure 1, Slider Door Seals 24 Figure 1, Gasketed Door Stop 25 Figure 2, Automatic Drop Seal 26 Appendix Exhibit A-1, General Plan--Noise Element 27 Exhibit A-2, California Vehicle Noise Limits Laws 31 Exhibit A-3, Residential "Tightening" 32 3708-12 C. E. Ema i u � . i r 4 31 1 c _ M9VZ �'' �.,l ` �� � � � c /j l/ `jai —\' ► fi . tit....� �• � 6 � p n Cl vt In �i.. ':11.' • ' 1,ti "''�•. - a. 1 S'i 4d .9'...- Iq .__ to 9. r •T Ills 'A OIb i LO - -' NZ ol o ISct 4` m D 13 "" rn 0 a i @ in 7— @ z I_ 7;4LZZL( it Jos rf Is 0 �� •. � r_ T -11 s I • + e ] a.s.a�.Jm S, AS 41 SOO g x..y., as = ., Sagewood Plaza I . EXISTING SITE - See page ii The proposed site for the Sagewood Plaza (Lot 104 of Tract 11791) "district commercial center" is located in the City of Palm Desert, California. It is bounded on the north by Country Club Drive, on the west by Monterey Avenue, and on the east by Sagewood Drive; all are existing streets. The commercial site is bounded on the south by the residential portions of Tract 11791 . The following Lots of the Sagewood development back to the commercial property and the completed residences front the completed noted residential streets: LOT NOS. STREET 13,14 Sugarbush Ct 16-21,37-42 Sagewood Dr There is an existing six foot high slumpstone concrete block wall on the property division between the commercial and residential zones. It would appear that the most feasible truck means of ingress/egress would be, see page ii : INGRESS Loading Dock* Via E Driveway C F Driveway B which would then allow for the truck to back in for unloading. EGRESS E Driveway B F Driveway C * Both docks will serve the one market 1 Sagewood Plaza II . CRITIERA The following have been reviewed and are considered part of this noise study. 1. City of Palm Desert City Code--NOISE. The City staff point out that the existing Code suffers from "typo" problems regarding stated noise levels; they therefore refer to the General Plan-- Noise Element, which is the forerunner of a new noise ordinance. 2. City of Palm Desert, General Plan--Noise Element pgs 22-29 , Exhibit A-1 . 3. U .S. Environmental Protection Agency - Levels of Noise Requisite to Protect Public Health and Welfare, 550/9-74-004, March 1974; Exhibit II-1 . Exhibit II-1 shows that for External (outdoor) Noise, the value would be: Ldn or Leq of 55dB Then for the Interior ( Indoor) Noise critera, the value would be: Ldn or Leq of 45 dB 4• The other normal test for enjoyment of outdoor living in the southwest, is to assure that it would be possible for people to conduct a conversation in their backyard. 2 Table YEARLY AVERAGE'EQUIVALENT SOUND LEVELS IDENTIFIED AS REQUISITE TO PROTECT THE PUBLIC HEALTH AND WELFARE WITH AN ADEQUATE MARGIN OF SAFETY Indoor To Protect Outdoor To Protect Activity Hearing Loss Activity Hearing Loss Measure Inter- Considera- Against Inter- Considera- Against ference tion Botts((b) ference tion Both Ef- fects b fects(b) Residential with Out- Ldn 45 45 55 55 side Space and Farm Residences Leq(24) '0 70 Residential with No Ldn 45 45 Outside Space Leq(24) 70 Commercial Leq(24) (a) 70 70(c) (a) 70 70(c) Inside Transportation LeQ(L4) (a) 70 (a) Industrial Leq(24)(d) (a) 70 70(c) (a) 70 70(c) Hospitals Ldn 45 45 55 55 Leq(24) 70 70 Educational Leq(24) 45 45 55 55 Leq(24)(d) 70 70 Recreational Areas Leq(24) (a) 70 70(c) (a) 70 70(c) Farm Land and Leq(24) (a) 70 70(c) General Unpopulated v Land ^ Code: a. Since different types of activities appear to be associated with different levels, identifi- cation of a maximum level for activity interference may be difficult except in those circumstances where speech communication is a critical activity.(See Figure D-2 for noise levels as a function of distance which allow satisfactory communication.) b. Based on lowest level. C. Based only on hearing loss. d. An LeQ(g)of 75 dB may be identified in these situations so tong as the exposure over the remaining 16 hours per day is low enough to result in a negligible contribution to the 24-hour average,i.e.. no greater than an Leq of 60 dB. Note: Explanation of identified level for hearing loss: The exposure period which results in hearing loss at the identified level is a period of 40 years. *Refers to energy rather than arithmetic averages. From: U.S. Environmental Protection Agency "Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety", March 1974, 550/9-74-004. 3 EXHIBIT 11-i NOISE EFFECT ON SPEECH COMMUNICATION 32 O C O O , C L G � 7 . d / Y 4 C, m d F. y , I a 7 N E t / O 2 Noise- �o u distance Oo , 'y�`>[i:#: i"s';'s'ia[' r< < >. a area where commu n i ca t i on c is possible i n 1 'normal voice„ L. :::. :::::.::.::,;:.:. .5 A-level 47 57 67 77 87 97 107 117 127 Noise level The figure shows that for noise levels up to 47 dBA satisfactory speech communication is possible in a normal voice level up to 32 feet. At noise levels less than 57 dBA, most people under most conditions will speak in a "normal" voice. At levels greater than 57 DBA, people unconsciously raise their voice level to compensate for the noise. If communications are not vital , the expected voice level in- creases about 3dB with each 10 dB increase in noise. This line is indicated as the "expected voice level" in the figure. If communications are vital , the "communicating voice" increase is 5 dB per 10 dB increase in noise. Nor- mally people will not communicate above a shout, but it is possible to communicate at 6 inches in noise levels of 117 dBA. EXHIBIT II-2 4 Sagewood Plaza Exhibit II-2 shows the relationship of distance with the conduct- ance of conversation; which supports the need for an external environment in the realm of 55 dBA. 5. Because the Palm Desert Noise Element alludes to the criteria of the County of Riverside and in the absence of Palm Desert interior criteria; the County standards are: a. None listed for indoors. b. "DESIRED AVERAGE NOISE LEVELS OUTDOOR Ldn* NOISE LEVELS Day (7 AM-10 PM) Night (10 PM-7 AM) Urban Residential 60 dBA 60 dBA Commercial 90 dBA 65 dBA * It is again stressed that this method measures the average external noise exposure rather than the peak or single event noise to a community. Therefore, under this a diesel truck that creates a peak of 95 dB(A) could drive through a residential area requiring an Ldn of 55 dB(A) or less." C. The County of Riverside is in the process of revising their Noise Element.. 6. California Noise Insulation Standards--Administrative Code, Title 25, paragraph T25-28: "(e) Noise Insulation from Exterior Sources. (2) Interior Noise Levels. Interior community noise equiva- lent levels (CNEL) with windows closed, attributable to exterior sources shall not exceed an annual CNEL of 45 dB in any habitable room." 5 Sagewood Plaza 7. GLOSSARY Decibel : Exhibit II-3, explains the decibel (dB) and depicts on the sound level scale an assortment of conditions -to which the reader may relate. A-Weighted Network, dBA: The ear does not respond equally to frequencies, but is less efficient at low and high frequencies than it is at medium or speech range frequencies . Thus, to obtain a single number representing the sound level of a noise containing a wide range of frequencies in a manner representative of the ears' response, it is necessary to reduce, or weight, the effects of the low and high frequencies with respect to the medium frequencies. The resultant sound level is said to be A-weighted, and the units are dBA. The dB(A) level is applied to report ambient noise and noise intru- sions, and it is invoked in computing Leq and LN. Statistical A-Weighted Noise Level ; LN: This scheme represents the A-weighted noise level , dBA, which is exceeded a per cent of the time over the duration of the sample noise measurement. Thus, Lgg , L90, L50, LIO , L1 , denote the value of the nose level exceed 99, 90, 50, 10, and 1 per cent of the time. 6 Sagewood Plaza Equivalent Continuous Level , Leq: For studying long-term trends in environmental noise, it is convenient to use a single-number descriptor to define an entire day' s noise history. The descriptor used is Leq, the continuous dB(A) level that would have produced the same A-weighted sound energy as the actual noise history. Day-Night Average-Sound Level , Ldn: A variation on Leq , is Ldn. For Ldn measurements, 10 dB is added to readings between 2200 and 0700 hours to account for the fact that people are less tolerant of noise during their sleeping hours. The Ldn is a scale equivalent to the CNEL with the exception that the evening period is deleted and all occurrences during 7:00 PM and 10:00 PM are included in the daytime period. Community Noise Equivalent Level , CNEL: CNEL is a scale which takes into account all the A-Weighted acoustic energy received at a point, from all noise events causing noise levels above some prescribed value. Weighting factors are included which place greater importance upon noise events occur- ring during the evening hours (7 :00 PM to 10 :00 PM) and even greater importance upon noise events at night (10:00 PM to 7:00 AM) . Noise• Any sound which is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is other- wise annoying. 7 The decibel is defined as ten times the logarithm to the base ten of the ratio between two yuantltles of power. As thu Suu.nil power is related to the square of the sound pressure a convenient scale for sound (noise) measure- ments Is defined as: t Sound Pressure Level = 10 log ( P = 20 log Pa f dB. where p is the sound pressure being measured and p, is a reference sound pressure, normally taken to be 0.0002 boar. It should be noted that the term level has been introeuced in the above equation. This indicates that the given quantity has a certain level above a certain reference quantity (0.0002 µbar = 2 X 10-' N/m'). FIGURE 33 Sound pressure Sound level in dB Environmental conditions in bar 140 1 — 134 I Threshold of pain mbar 130 Pneumatic chipper 120 100 — 114 I Loud automobile horn (dirt. 1 m) µbar 110 100 — 10 — 94 I Inside subway train (New York) µbar 90 Inside motor bus 80 — 1 — 74 I Average traffic on street corner µbar 70 Conversational speech 60 — 0.1 — 54 I Typical business office ,ubar 50 Living room, suburban area 40 0.01 — 34 I Library Mbar I 30 1- Bedroom at night 20 0.001 i 14 I Broadcasting studio fiber 10 0.0002 1 Threshold of hearing µbar 0 Source: Broch, 1971 Some commonly encountered noise levels (sound pressure levels). EXHIBIT II-3 8 Sagewood Plaza III. ANALYSIS Exterior 1 . The major noise impact from the creation of the "district com- mercial center" is found to be the truck as a noise generator. Potentially the following backyards (Table III-1 ) could be affected, depending upon the barrier six foot concrete slumpstone tract wall and effect of intervening structures/fences. TABLE III-1 ELEVATION RELATIONSHIP COMMERCIAL TO RESIDENTIAL DISTANCE TOP OF LOT TRUCK PATH COMML WALL COMML TO LOT LOT NO. ELEV TO RESIDENCE ELEV ELEV a ELEV 12 220.3 153 NA 224 230.5 3.7 13 220.3 100 224 230.5 3.7 14 220.2 67 224.5 231 4.3 15 219.5 145 224.5 231 5 16 219.2 77 225 232 5.8 17 219.0 50 225 232 .5 6 18 218.8 46 225 232 .5 6.2 19 218.6 45 224.8 232.5 6.2 20 218.3 47 224.7 232 6.4 21 218.1 68 224.7 231.5 6.6 37 215 .3 80 224.5 229.5 9.2 38 215 .6 61 223 229 7.4 39 215.8 68 222 228 6.2 40 216.1 135 222 227.5 5.9 41 216.5 205 222 227 .5 5.5 42 216.9 282 222 227.5 5.1 NA = The house on Lot 13 becomes a sound barrier and therefore shelters the house of Lot 12; which means that close by direct truck noise is not anticipated to reach the living structure of Lot 12. Likewise the Lot 12 house becomes a barrier to Lot 11. 9 Sagewood Plaza 2. Discussions with the tentative market proprietor reveal that knowing the City hours of day regulations ( see EXHIBIT A-1) in regard to choice of supply operations, they will schedule truck deliveries within the 7 AM to 10 PM hours; which has the criteria: OUTDOOR NOISE LEVELS Day (7 AM to 10 PM) Night- (10 PM to 7 AM) Commercial 70-90 dBA 55-65 dBA Urban Residential 60-65 dBA 50-60 dBA Their truck fleet has the following characteristics: Worst Supplier A Supplier B Condition 6VW, lb 80,000 80,000 80,000 Length, max ft 65 65 65 Fuel power diesel diesel diesel Dist bumper to exhaust, ft 7+ NA 7+ Wheels 18 18 18 Model year 1969 to 1979 & 1969 1979 newer 10 Sagewood Plaza 3. Calculations For the exterior case, the receiver ( human ear) is set at five foot height and because the back yard is being analyzed, a fictitious patio location of five foot from the house is chosen for the "outdoor living" test point. From EXHIBIT A-2, the worst condition of truck noise generation is chosen for the anticipated 1969 trucks to be involved in commer- cial center supply transportation; viz: dBA at 50 foot distance Truck, 1969 88 Truck , 1972 86 Truck , 1974 83 Truck, 1981 80 Auto 87 Motorcycle, 1974 83 Motorcycle, 1980 80 11 Sagewood Plaza TABLE III-2 BACKYARD BARRIER RESULTS, dBA SINGLE EVENT LOT *TRUCK (@ Patio) minus BARRIER equals **EXTERIOR 12 78.0 5.2 72 .8 13 81 .6 6.9 74.7 14 86.1 9.0 77.1 15 79.1 5.2 73.9 16 84.7 6.2 78.5 17 88.9 9.3 79.6 18 89.7 10.3 79.4 19 88.9 9.8 79.1 20 88.5 8.8 79.7 21 85.3 5.9 79.4 37 83.9 8.0 75.9 38 87.0 10.7 76.3 39 85.3 6.9 78.4 40 79.4 5.5 73.9 41 75.1 5.0 70.1 42 72.9 5.0 67.9 * This is a "worst case" truck and it will not occur with every delivery "in and out" commercial center traverse; because, some utilized trucks will be 5 or more dBA less. ** While the values are within the daytime allowable band ( see paragraph "III,2." above) for "commercial ," they exceed the "residential" allowable band. 12 Sagewood Plaza Interior 1. The major noise impact from the creation of the "district com- mercial center" is found to be the truck as a noise generator. Potentially the following residences (Table III-3 ) could be affected, depending upon the barrier (six foot concrete slumpstone tract wall ) effect of intervening structures and fences. 2. The same criteria and truck characteristics utilized above in paragraph "III . Exterior, 2." will be here applied. 3. Calculations For the interior case, the receiver (living area) is set at seven foot height above the lot pad elevation and at the structure closest point to the noise generator. From EXHIBIT A-2, the worst condition of truck noise generation is chosen for the anticipated 1969 trucks to be involved in commer- cial center supply transportation; viz: dBA at 50 foot distance Truck, 1969 88 Truck, 1972 86 Truck , 1974 83 Truck, 1981 80 Auto 76 Motorcycle, 1974 83 Motorcycle, 1980 80 13 Sagewood Plaza TABLE III-3 SINGLE EVENT RESIDENCE BARRIER RESULTS, dBA TRUCK LOT (@ Residence) minus BARRIER minus *WINDOW **INTERIOR 11 74.9 5.0 25 44.9 12 78.3 5.0 25 48.3 13 82.0 5.8 25 51.2 14 85.5 6.3 25 54.2 15 78.8 6.5 25 47.3 16 84.2 5.5 25 53.7 17 88.0 7.1 25 55.9 18 88.7 7.7 25 56.0 19 88.0 6.3 25 56.7 20 88.5 7.4 25 56.1 21 85.3 5.4 25 54.9 37 83.9 6.5 25 52.4 38 86.3 7.6 25 53.7 39 85.3 5.9 25 54.4 40 79.4 5.0 25 49.4 41 75.7 5.0 25 45.7 42 72 .9 5.0 25 42.9 82 75.3 5.0 25 45.3 * Weathers tripped, double strength glass/solid core door. ** While the values are within outdoor daytime allowable band ( see paragraph "III, Exterior, 2." above) for "residential ," they exceed the "residential" allowable criteria for California-- "CRITERIA II , 6.". 14 Sagewood Plaza MITIGATIONS Exterior 1 . It should be remembered that through national and state actions the noise level generated by vehicles is gradually being reduced. 2. Not all of the trucks invoked for supply transportation are as old as the noisy 1969 model ; eg, the to be applied 1979 models should be 5 dBA quieter. 3. Most Noise Ordinances/Elements of jurisdictions have a "time duration" variance for the Criteria/Standard, viz: "It shall be unlawful for any person at any location within the unincorporated area of the County to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level , when measured on any other residential property, either incorporated or unincorporated, to exceed: (1) The noise standard for a cumulative period of thirty (30) minutes in any hour; or (2) The noise standard plus five (5) dBA for a cumulative period of more than fifteen (15) minute in any hour; or (3) The noise standard plus ten (10) dBA for a cumulative period of more than five (5) minutes in any hour; or (4) The noise standard plus fifteen (15) dBA for a cumulative period of more than one (1) minute in any hour; or (5) The noise standard plus twenty (20) dBA for any period of time. (c) In the event the ambient noise level exceeds any of the first four (4) noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level . In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level . " 15 I Sagewood Plaza MITIGATIONS continued Interior 1 . Those mitigations/discussion listed above under "Exterior" also apply to the noise broadcast and falling upon the residences, potentially penetrating the interior. 2. Only the residences immediately adjacent to the "district com- mercial center" are thought to be impacted; because, the bedrooms of homes across Sagewood Or are to the rear and away from their street facing frontage. Also, their further distance from the noise generation source reduces the impact by amounts such as: Residence dBA Lot 12 vs Lot 11 53.3 down to 49.9 Lot 19 vs Lot 82 61 .7 down to 50.3 3. Most Noise Ordinances/Elements of jurisdictions have a "time duration" variance for the Criteria/Standard, viz: "It shall be unlawful for any person at any location within the unincorporated area of the County to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level , when measured on any other residential property, either incorporated or unincorporated, to exceed: (1) The noise standard for a cumulative period of thirty (30) minutes in any hour; or (2) The noise standard plus five (5) dBA for a cumulative period of more than fifteen (15) minute in any hour; or 16 l Sagewood Plaza (3) The noise standard plus ten (10) dBA for a cumulative period of more than five (5) minutes in any hour; or (4) The noise standard plus fifteen (15) dBA for a cumulative period of more than one ( 1) minute in any hour; or (5) The noise standard plus twenty (20) dBA for any period of time. (c) In the event the ambient noise level exceeds any of the first four (4) noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level . In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level ." 17 Sagewood Plaza The truck supply transportation schedule tentatively is: Day Supplier A Supplier B Monday x x Tuesday x - Wednesday x x Thursday x - Friday x x Saturday - - Sunday - - For every supply trip there would be an "in and out" noise genera- tion movement and it is probable that the truck onsite traverse would not consume more than five minutes each. Therefore, there could be the following quantity of truck noise impact generations per day: Day Suppliers Monday 4 Tuesday 2 Wednesday 4 Thursday 2 Friday 4 Saturday - Sunday - 4. The supplier has offered to operate the truck deliveries so as to only occur on the "district commercial center" in the daytime hours--7 AM to 10 PM. 18 Sagewood Plaza IV. ARCHITECTURAL CONTROL In order to mitigate the proposed "district commercial center" impact on the Sagewood Plaza Tract 11791 to the HUD Interior Criteria (EXHIBIT II-1) of 45 Ldn, the plans for the models: 1740 1800 2100 dated 1979, have been checked for noise attenuation. ASSUMPTIONS The residences for Tract 11791 have been constructed in accordance with State of California, Title 24 Energy Regulations for insulation. RESIDENTIAL SHELL INVENTORY--Tract 11791 Surface/Item Construction Material STC* Floors Conc Slab Not Involved Ext Wall 7/8 Stucco, 2x4, R-11 insulation, 42+ Sides/Back 1/2 drywall Ceiling 1/2 drywall , R-19 insulation 40 Roof 1/2 ply, felt underlay, roof tile 20+ Windows Double strength sliding, 25 weatherstripped Patio Doors 3/16 tempered, weatherstripped 25 Doors--Ext 1-3/4 solid core 25 19 Sagewood Plaza * The Sound Transmission Class (STC) is a single number rating for airborne sound, which represents the transmission loss performance of of a wall/portion of structure at all test frequencies. The higher the STC rating, the more efficient the construction. The STC rating results from comparing a transmission loss test curve ( 100 through 4000 Hz) with a standard frequency curve and is read at 500 Hz. To estimate the bare minimum STC required of a construction to obtain privacy, subtract the level of the background noise ("Criteria," for this case) on one side of the construction from the level of sound that strikes the outside. The STC rating is useful when designing walls that provide attenua- tion against the sounds of speech, music, radio, or television. It is not valid for noise sources having spectra that differ markedly from the above, e.g. , industrial processes, aircraft ( 125 through 4000 Hz) , motor vehicles, power transformers, and the like. Additional attentuation factors will accrue as this project matures, such as: other shielding, ground cover, shrubbery, room absorption (drapes, carpet, furniture and textures ) ; which have not been ' included in these calculations. The STC values (from laboratory measurements) are here employed to guide us for the probable outcome of the "ambient noise level in living areas" . 20 Sagewood Plaza ANALYSIS From Table III-2, it may be seen that residences on the following lots would have their sleeping interior impacted vs the State of California, or HUD criteria of 45 Ldn and CNEL respectively. Shielded (not on a direct line of sight between the residence location and truck noise generation source) windows and doors would not require additional attenuation; except, those not having full surround (including thres- hold) weatherstripping must have it installed. TABLE IV-1 SINGLE EVENT IMPACT* To be Lot *Interior dBA minus STD equals Attenuated 12 48.3 45 3.3 13 51.2 45 6.2 14 54.2 45 9.2 15 47.3 45 2.3 16 53.7 45 8.7 17 55.9 45 10.9 18 56.0 45 11.0 19 56.7 45 11.7 20 56.1 45 11.1 21 54.9 45 9.9 37 52.4 45 7.4 38 53.7 45 8.7 39 54.4 45 9.4 40 49.4 45 4.4 41 45.7 45 0.7 21 Sagewood Plaza V. RECOMMENDATIONS Exterior Because of the time duration involved with the tentative truck delivery schedule (see "III, MITIGATIONS, Exterior 3.") being short and infre- quent, it is thought the projected impacts of Table III-2 will not adversely impact the residential exterior livability. The automobile will generate some ten decibels less than the truck, while the motorcycle could be five or more less than the truck. Of course, it will be the vehicle not operated to California Code that will be the intruder--hot rod vehicles and motorcycles. Lowering the drive (fire lane) behind the market, for two+ feet would only increase the fence barrier effect by one-half to one dB and therefore would not be an expedient toward reducing the values of Table III-2; a lowered drive would only make for a drainage problem. It is therefore recommended that no other treatments be effected in an attempt to improve the exterior ambient condition. Interior Because the worst condition truck (1969) only could be supplying the market, if it alone of the fleet were driven every day, a maximum of ten (in and out) impacts, single events, would occur per week: 22 Sagewood Plaza Day Supplier A Monday x Tuesday x Wednesday x Thursday x Friday x Saturday Sunday - However, it will take a year to. bulid this project and with time the older trucks get retired. Therefore, the potential imapcts will not vary the Ldn criteria. The following modifications to existing residences are recommended, in order to ensure tightening of the exposed surfaces. o Aluminum slider windows should be inspected to ascertain that they are fully perimeter sealed. o Shielded windows (not on a direct line of sight between the residence location and truck noise generator) of any type do not require modification; but, it should be ensured that they are perimeter sealed. o Sliding glass doors require the same treatment as described under Figure 1 modifications, if not sealed. o Hinged doors, of the exterior solid core type, are to be modified with gasketed stops and an integral drop seal or equivalent threshold seal , Figures 2 and 3; where equivalent sealing does not exist. 23 Wal l 1/4" Thick Foam Tape with Adhesive Back 1 3/4" x 3/4" Aluminum Channel The Adjacent Fixed mounted as shown at top, bottom, Panel should be Sealed and lock side at these similar Points and at the Jamb Side Slider Door i Floor _ Outside I I iiln Interlocker between Sliding Panel and Fixed Panel: most Doors have just one Weatherstrip, as shown,and additional Foam should be pressed into the slots. Do Foam Strip not use the adhesive-back type here. Scale SLIDER DOOR SEALS FIGURE 1 24 I Door -0 i I � Wall Rubber Bonded to Wood Adjustable Stop ` Wood Screw Assembly J Slotted Washer in Countersunk hole Jamb I Scale GASKETED DOOR STOP FIGURE 2 25 Scale Alternate low Door Bottom Location Threshold �� / ' Drop Seal Shown in Down Position AUTOMATIC DROP SEAL FIGURE 3 26 sc c z W s 1 i ( its impact on various uses by relating common sounds to the 11. IMPLEMENTATION STRATEGIES noise standards. Various Federal and State agencies have responded to the noise problem by establishing noise standards for certain activities. In final analysis, however, each community must decide the A ' level of noise exposure its residents are willing to tolerate n example is California's noise emission standards for newly within a limited range of values below the known levels of build vehicles. However, Federal and State actions are not health impairment. Table 4 illustrates the range of desired enough. There must be a commitment and a willingness on the average noise levels by land use category as adopted by the part of local officials to take action if there are to be •,iable solutions to the various aspects of the noise problems. cities of Palm Springs, Indio and Rancho Mirage and Riverside Frrl the Purpose of this section is to t*1 County. Palm Desert should consider adopting similar accept- present policies and strz t, Z rn able noise levels. 9ies which the city could adopt to control the noise levels in p n the community. r it TABLE 4 A. assumptions r O �.' Dr. T DESIRED AVERAGE NOISE LEVELS The Implementation Strategies are based on the followinq Z BY LAND USE CATEGORY to V assumptions: Z r Outdoor Land Noise Levels O 3 Land Use Category Day L7am-10 m Night (10Pm-7am) concept that r-r 1. The cgn<e quietness is a desirable environmental <n rn rn rT Rural Residential characteristic. N (Very Low and Low r � Density Residential) 50-60 dB(A) 50-60 dB(A) 2. It is within the public's health, safety and general Fri --I 3 Urban Residential welfare to control noise. Fri Z (Medium Densityty Residential) 60-65 dB(A) 50-60 dB(A)and High 3. The Implementation Strategies must be accomplished Dens Commercial 70-90 dB(A) 55-65 dB(A) throuqh coordinated effort by the public, private Industrial 70-90 dB(A) 55-70 dB(A) enterprise, and all levels of government. 4. Controlling the source of noise is the most desirable N approach. to CD CD ' B. Governmental Re9 ulati.un -- E m - — O _ There are a wide variety of governmental regulations avail- O I Fy n �:. Oo able to control noise in Palm Desert. Many of the techni- v H --A ques described here are already available to control noise N a Ye .9CA3 ro I N Q cc [O S �!1 in Palm Desert. Many of the techniques described here 7. Ru ilding.0 odes: Noise reducing ins ula H on and other .-e 3 techniques an be used to minimize indoor exposure to X of are already available to control noise in Palm Desert. W 0a to In some cases, noise will have. to he included. noise. As previously stated, State law now requires l0. in � special noise insulation of new mu1N-family dwellings .�� 1. Zonis: Zoning could be used to control land use type ' and density around noise sources. Land use patterns can constructed within the 60de(CNEL or Ldn) noise exposure he delineated In a manner reflecting compatibility with contours. If necessary, the City shall require builders existing and potential noise levels as discussed in Pre- to mitigate noise impacts by methods such as insu a- F Z [ton not only for multi-family u^its but also single .I. W vious sections. Noise-sensitive land uses such as 'i CX J family units. LLJ residential, schools. Itbrartes, churches, and hospitals V) W ct Report should be controlled in areas of high noise levels, while q. Environmental impa The City should require. W W i O y, and commerce V) noise-tolerant land uses such as Industr through the EIR review Process, all developers of rest- o-. • 'I J should be encouraged in those areas. d ential Z property in "Normally Unacceptable" noise zones ' I d i defined by HUD standards to present aileron lives for N In order to be consistent with the General Plan, as re- dealing with noise imPac t. Such alternatives may 1n- O J 'I d quired by State law, the Zoning Ordinance will be comp- el Y clude,wall and window acous tit treatment. additional n~i Q rehensively revised. The City should consider estab- U K setbacks, shielding of open space areas, etc.. including Z lishing performance standards within a zone to abate estimates of additional costs if noise abatement alter- W noise. natives are not xelected. e Pla � Review: The planning process provides an S. Site 2. Subdivision Regulations: These regulations are used to opportunity to critically inspect and review every insure that large development projects are in compliance development plan that is proposed. The process should with the General Plan and zoning. Setback regulations include an evaluation of the project's compatibility I ' can be used to reduce noise impact. As a receiver with the noise environment. The development proposal ail moves away from the noise source, the noise decreases. can be approved with conditions to resolve any dif- � �� Requiring setbacks from a transportation facility may ff culN ex due to noise levels. Techniques available or may not be effective, depending on the distance of include buffer strips. noise barriers, and other �.I II� the setback. construction techniques. I i I 0. DOMESTIC NOISE SOURCES 45 CNEL. For exterior noise levels above 75 CNEL ad- The City shall encourage manufacturers.and distributors ditional construction techniques would be needed to locating in Palm Desert to mitigate noise problems in achieve 45 CNEL interior noise levels. their operations. Also, the City shall inform local rest- 2. Erect barriers to reduce exterior yard areas to 65 dents how to control noises from local sources such as CNEL noise levels. If noise levels from outside sources animals, stereos, etc. The City shall consider a disturb- would increase noise levels in yards around residences ing-the-peace ordinance to regulate such noises. above 65 CNEL, barriers such as walls, earth berms, and E. NOISE ORDINANCE berm and wall in combination with landscaping can be 0 The City shall develop a comprehensive noise ordinance used to bring noise levels in yards down to 65 CNEL MZ The height of such barriers would range from 6 to 12 m which reflects the land use/noise relationship shown in p n � �I y M �. r Figure 6 and Table 4 and which specifies a feet, but typically are used at a maximum of six feet r i Fi 9 D appropriate re- < except adjacent to freeways. Once noise levels in strictions and. mitigation features for development in D T noise area. yards are reduced to 65 CNEL, building construction Z techniques as discussed above can be used to reduce Z r Until the City has an adopted noise ordinance the following interior noise levels to 45 CNEL. O 3 En O is provided to comply with state and county standards to 3. Setback buildings behind 65 CNEL contour line. rrI N attenuate noise impacts on the interior of a residence to r p 45 CNEL. There are three mitigation options as follows: Obviously combinations of all three mitigation options can 3 -4 m be employed depending upon specific conditions. Z 1. Modify buildings through construction techniques. —i Standard construction will provide noise reductions of Control of vehicular traffic is also an option which can 20 decibels with closed windows and 10 decibels with be used to reduce noise at the source. Truck traffic can open windows. Thus, buildings with an exterior noise be limited to specific routes and/or to specific hours of level of 65 CNEL or less will achieve 46 CNEL on the travel on certain route segments. Vehicular speed limits interior with closed windows. If exterior noise levels can be controlled (lowered) on certain segments and/or (D rri are between 65 and 70 CNEL increased glazing added to during certain segments (for example, at night) in order 00 standard windows would reduce interior noise levels to to reduce ambient noise levels at the most sensitive times a Ou I n N i a r � me ib i i jl and locations. Road gradients can also affect noise, such a study the City shall establish acceptable noise ! the more gradual and gentle the gradient the less the levels for various land uses and make the necessary re- noise impact from vehicles. _ visions to the implementation programs of the Element, the zoning ordinance, building codes and subdivision Mitigation of construction-related noises can be accom- plished through the following measures: regulations, to reflect the acceptable noise levels. 1. Restrict hours of operation of noise equipment to be Intween 7 a.m. and 6 p.m., Monday through Saturday adja- rrI Z cent to I occupied residential areas. rn;a C-) H 2. Stationary machines should be placed to direct noise —I � i., away from sensitive receptors. -t IJ 3. Construction vehicles should be equipped D Orn i u q pped with adequate Z �•!"! WO mufflers. I y z r. O 3 +f F. NON-LOCAL ACTION y p rn m The City shall discourage any regional, state or dederal to rnrn r � actions which would increase the noise levels in the City 3 "-iI and take a strong stand on actions which increase the noise rn Z levels beyond acceptable limits. The City shall also aid in —1 ' the enforcement of federal and state standards for noise- producing equipment including cars, motorcycles, trucks, etc. G. NOISE STUDY to a The City shall , in the next budget 9 year, allocate adequate. 1 (D rn funds to hire a consultant to complete a thorough study of E O X O S noise throughout Palm Desert. Based on the conclusions of 11 W 't7 I r+ i I, a w �h. I IIC1f � gCA1 CALIFORNIA VEHICLE NOISE LIMITS LAWS Sagewood Plaza the vehicle was not operated in violation of Sections identification as provided in Division 16.5 (commencing 23130 or 23130.5. with Section 38000), which produces noise that exceeds 27150.8. The manufacturers of motorcycles and or in any way violates the noise emission standards or motorcycle accessories shall, prior to the sale or offering regulations adopted for such a motor vehicle by the Ad- for sale of any motorcycle exhaust system or part ministrator of the Environmental Protection Agency pur- thereof, including, but not limited to, a muffler,certify to suant to the Federal Noise Control Act of 1972 (P.L. the department that the exhaust system or part thereof is 92-574). in compliance with the standards and regulations (1) As used in this section, the term "register" is adopted by the commissioner which are applicable to equivalent to the term "licensing" as used in Section such exhaust systems or parts thereof and which are in 6(ex2) of the Noise Control Act of 1972 (P.L. 92-574; effect at the time of the first offering for sale at retail. Title 42, United States Code, Section 4905(e)(2)). The content and form of the certification shall be in ac- 27201. For the purpose of Section 27200, the noise cordance with procedures adopted by the commissioner, limit of 92 dbA shall apply to any motorcycle manufac- 27151. No person shall notify the exhaust system of a tured before 1970. motor vehicle in a manner which will amplify or increase 27202. For the purposes of Section 27200, the follow- the noise emitted by the motor of such vehicle so that the ing noise limits shall apply to any motorcycle, other than vehicle is not in compliance with the provisions of Sec- a motor-driven cycle, manufactured: tion 27150 or exceeds the noise limits established for the (1) After 1969, and before 1973 .:.......... 88 dbA type of vehicle in Article 2.5 (commencing with Section (2) After 1972, and before 1975 ............. 86 dbA 27200) of this chapter. No person shall operate a motor (3) After 1974, and before 1981 ............ 83 dbA vehicle with an exhaust system so modified. (4) After 1980, and before 1986 ............ 80 dbA 27152. The exhaust gases from a motor vehicle shall (5) After 1985, and before 1990 ............ 75 dbA not be directed to the side of the vehicle between 2 feet (6) After 1989 ................................ 70 dbA and I I feet above the ground. 27203. For the purposes of Section 27200, the noise 27153. No motor vehicle shall be operated in a man- limit of 82 dbA shall apply to any snowmobile manufac- ner resulting in the escape of excessive smoke, flame, tured after 1972. gas, oil, or fuel residue. The provisions of this section apply to motor vehicles 27204. For the purposes of Section 27200, the follow- of the United States or its agencies, to the extent ing noise limits shall apply to any motor vehicle with a authorized by federal law. gross vehicle weight rating of 6,000 pounds or more 27160. [Repealed by Ch. 83, Stats. 1975. Effective manufactured: January 1, 1976.] (I) After 1967, and before 1973 ............ 88 dbA 27161. [Repealed by Ch. 83, Stats. 1975. Effective (2) After 1972, and before 1975 ............ 86 dbA January I, 1976.] (3) After 1974, and before 1978 83 dbA Article 2.5. Noise Limits 27204.5. For the purposes of Section 27200, the noise 27200.(a)The Department of Motor Vehicles shall not limit of 80 dbA shall apply to any motor vehicle with a register on a dealer's report of sale a new motor vehicle, gross vehicle weight rating of 6,000 pounds or more, but except an off-highway motor vehicle subject to identifica- not more than 8,500 pounds, manufactured after 1977. lion as provided in Division 16.5 (commencing with Sec- 27205. For the purposes of Section 27200, the follow- tion 38000), which produces a maximum noise exceeding the applicable noise limit at a distance of 50 feet from the ing noise limits shall apply to any motor vehicle with a centerline of travel under tests procedures established by gross vehicle weight rating of more than 8,500 pounds the Department of the California Highway Patrol. manufactured: (b) The Department of Motor Vehicles may accept a (1) After 1977, and before 1982 ............ 83 dbA dealers' certificate as proof of compliance with this arti- (2) After 1981 ................................ 80 dbA cle. (c) Test procedures for compliance with this article 27206. For the purposes of Section 27200, the follow- shall be established by the Department of the California ing noise limits shall apply to any other motor vehicle, Highway Patrol, taking into consideration the test not specified in this article, manufactured: procedures of the Society of Automotive Engineers. I After 1967, and before 1973 86 dbA (d) No person shall sell or offer for sale a new motor (2) After 1972, and before 1975 ............ 84 dbA vehicle, except an off-highway motor vehicle subject to (3) After 1975 ................................ 80 dbA identification as provided in Division 16.5 (commencing with Section 38000), which produces a maximum noise 27207. Notwithstanding the provisions of Section exceeding the applicable noise limit specified in this arti- 27205, no- motor vehicle with a gross vehicle weight cle, and for which noise emission standards or rating of more than 10,000 pounds and equipped with an regulations have not been adopted by the Administrator engine speed governor shall produce a sound level ex- of the Environmental Protection Agency pursuant to the ceeding 88 dbA,measured on an open site at a distance of Federal Noise Control Act of 1972 (P.L. 92-574). 50 feet from the longitudinal centerline of the vehicle, (e) No person shall sell or offer for sale a new motor when its engine is accelerated from idle with wide open vehicle, except an off-highway motor vehicle subject to throttle to governed speed with the vehicle stationary, 12.1-80 EXHIBIT A-2 31 D12 The Register Thur., Mar. 26, 1981 mom a, _1 By Timothy Johnson Formaldehyde foam in- DEAR DR.JOHNSON, - sulation, by the way, I recall vaguely that you shouldn't be confused with discussed the dangers of polyurethane foam insula- "tightening" a home in an tion. To date the latter effort to control heat wast- hasn't shown any toxicity age. Would you please go problems associated with over those dangers once its use as insulation. more? If you'd like more docu - .Maureen L.,Erie,Pa. mentation on this subject, DEAR MAUREEN, see the Jan. 16, 1961, issue Given thisminter's spells 'of the Journal of the Ameri- of bitter cold weather, and can Medical Association. the consequent rush to tighten up our homes against heat leaks, your question is pertinent. The earlier column you referred to-mentioned the increased danger of carbon monoxide poisoning in as- sociation with coal or wood stoves in homes tightened against the weather. There. have been increasing re-. ports of people being as- phyxiated under such con- ditions as they try to con- serve energy by cutting off the-flow of cold air into the home. In addition, however, an even more potent source of toxic fumes in modern homes lies in the use of formaldehyde foam for in- sulation. -Ample evidence now indicates that this type insulation can cause health problems, including irrita- tion of the eyes and res- piratory system, and can aggravate problems such as colds, headaches and coughs. There are other sources of formaldehyde fumes in the average home.For inst- ance, fumes from formal- dehyde-bonded partic- leboard,now widely used in the manufacture of furni- ture and other products. 32 COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS FOR pL•A7,A nE.UQNTE= THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS FOR PLAZA DE MONTEREY ("Declaration") is made this . day of , 1984, by MONTEREY PARTNERS LIMITED 'PARTNERSHIP, a Delaware limited partnership ("Monterey") and LUCKY STORES, INC., a California corporation ("Lucky") , Monterey and Lucky sometimes hereinafter collectively being referred to as "Declarant" . R E C I T A L S 1. Declarants are the owners of certain real property situated in the City of Palm Desert, County of Riverside, State of California, described in Exhibit A, attached hereto and incorporated herein by reference. Said real property described in Exhibit A is divided into eight (8) parcels, which parcels are sometimes hereinafter referred to individually as Parcels 1, 2, 3 , 4, 5, 6, 7, and 8. Lucky is the fee owner of the real property referred to as Parcel 1. Monterey is the fee owner of the real property referred to as Parcels 2 , 3 , 4, 5 , 6 , 7 , and 8. Monterey intends to sell to MOBIL OIL CORPORATION, a New York corporation ("Mobil") Parcel 7. Said property described in Exhibit A is hereinafter referred to as the "Shopping Center." Attached hereto is a plot plan of the Shopping Center which is Exhibit B, attached hereto and incorporated herein by reference. 2. Declarant plans to develop the real property as a Shopping Center for the purpose of conducting retail sales for the mutual benefit of all owners of real property and their tenants, and for such purposes does hereby fix and establish easements , covenants , restrictions , liens and charges (hereinafter collectively referred to as "Restrictions") , upon and subject to which all of said Shopping Center, or any part i thereof shall be improved, held, leased, sold and/or conveyed. t All the provisions of this Declaration shall be covenants running ! with the land pursuant to applicable law, including, but not 1 - i limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do or refrain from doing some act on the Shopping Center or any part thereof of the covenantor (a) is for the benefit of the land of the covenantee, (b) runs with both the land owned by the covenantor and the land owned by the covenantee, and (c) shall benefit or be binding upon each successive owner, during his ownership, of any portion of the land affected hereby and each person having any interest therein derived through any owner of the land affected hereby. Each of the Restrictions shall apply to and bind the respective successors in interest thereof, and all and each thereof is imposed upon said property as a mutual equitable servitude in favor of said property and any portion thereof. ARTT . . ., 7,D •V . .OPMENT For the purpose of this Declaration all of the area within the Shopping Center shall be divided into three areas: areas to be used in common shall be referred to as "Common Area"; areas used for loading and unloading of goods for the exclusive use of one or more parcels shall be referred to as "Service Area", said two areas hereinafter referred to as Common and Service Area, and said Common and Service Area effectively includes all areas within the Shopping Center other than "Building Areas; " said Common and Service Area is delineated and labeled on the plot plan which is Exhibit B hereto; and said Common and Service Area shall be developed substantially as shown on said Exhibit B. All areas on which buildings may be constructed shall be referred to as "Building Areas" and certain areas designated as "Future Building Areas" which are initially in the Common and Service Areas may from time to time become Building Areas. 2. Building. Restrictions (a) (i) Location. No building or structure of any kind shall be erected on any portion of the Shopping Center except upon those portions designated "Building Area " or "Future Building Area" on Exhibit B hereto; provided that there may be constructed and maintained upon or over said Common and Service 2 J Area a canopy or canopies projecting from such Building Area; normal foundations and doors for ingress and egress may project from such Building Area; trash areas for Building Areas may encroach into said Common and Service Area provided that they are adequately screened from public view; and signs may be erected upon said canopy or canopies, so long as said signs do not obstruct the signs of any other owner or owner's tenant of the Shopping Center. No signs other than the signs provided for hereinabove, directional signs for guidance upon the parking and driveway area, Mobil price signs, monument signs, and entrance signs at the locations shown on Exhibit B attached hereto, shall be erected or maintained upon the Common Area, Service Area or Building Area of the Shopping Center, except such as obtain the written approval of Declarants. (a) (ii) Building. Area. As is evidenced on Exhibit B hereto the "Building Area" on Parcels 2, 3, 4, 5, 60 and 8 is a maximum buildable area within which a building not �Sgea a exceeding nine thousand six hundred (9,600) square feet of ioau floor area as to Parcel 2, seven thousand five hundred (7,500) square feet of floor area as to Parcel 3 , eight thousand (8,000) square feet of floor area as to Parcel 4, seven thousand five hundred (71500) square feet of ground floor area as to Parcel 5, and four thousand five hundred (4,500) square feet of ground floor area as to Parcel 6, and five thousand one hundred (5, 100) square feet of ground floor area as to Parcel 8 may be constructed. Upon the development of the Building Area on each of said parcels the balance of the maximum buildable area not devoted to a building shall be developed as part of the Common Area to the same specifications as the balance of the Common Area in a manner so as to integrate said development into the existing Common Area. Until such time, a portion of a Building Area is improved with a building, subject to the provisions of Sections 2 (b) , 2 (c) , 3 and 4 of this Article, such unimproved area shall be included in Common Area portion of this Declaration. (b) No building or structure erected in the Shopping Center shall exceed one (1) story in 3 height, plus mezzanine, except those constructed on either Parcel 5 and Parcel 8, which may not exceed two (2) stories in height. (c) Exterior. Appearance The exterior appearanceErs, of all buildings or structures constructed in the Shopping Center shall be architecturally harmonious with the other buildings or structures in the Shopping Center. (d) Tn rference During Construction. Any new construction being performed in the Shopping Center shall not unreasonably interfere with the operation of any business .conducted in the Shopping Center. 3. Comritsn & Service, Area, USe. The Common and Service Area shall not be used for any purpose other than the parking of motor vehicles and their ingress and egress and the ingress and egress of pedestrians. 4. Maximum, Floor Area Under no circumstances shall there be constructed in the Shopping Center a total floor area of all buildings in excess of ninety-five thousand (95,000) square feet. ARTICLE TT SHOPPIN NT $ AG M NTS 1. y lilgle,.Inaress and Egress. Declarants do. hereby establish in favor of and grant to the owners and occupants of the Shopping Center, their customers and invitees, nonexclusive easements for the ingress and egress and for the passage and parking of motor vehicles into, out of, on, over and across all parking areas, driveways and service areas from time to time established within the Shopping Center so that the Shopping Center may be used as an integrated area by the owners and occupants thereof and their customers and invitees. 2. Pedestrian 1naress and g;gss. Declarant does hereby establish in favor of and grant to the owners and occupants of the Shopping Center, their customers and invitees, nonexclusive easements for the ingress and egress and passage for pedestrians into, out of, on, over and across the Common Area from time to time established within the Shopping Center so that the Shopping Center may be used as an integrated area by the owners and occupants thereof and their customers and invitees. 3. Utility. Easemen s. Declarant does hereby establish in favor of and grant to the owners of any portion of the Shopping Center nonexclusive easements under, through and across the Common Area of the Shopping Center for water drainage systems or structures, water mains, sewers, water sprinkler system lines, telephones or electrical conduits or systems, gas mains and other public utilities and service easements. All such systems, structures, mains, sewers, conduits, lines and other public utilities apparatus shall whenever reasonably possible be installed and maintained below the ground level or surface of such easements. 4. Const uction ncroachments. Declarant does hereby establish and grant to the applicable owner in the event of the construction or repair of any building in the Shopping Center so that said building inadvertently encroaches onto the property of an adjacent owner to the extent of two (2) feet or less an easement for such encroachment. ARTICLE III OPERATION AND MAINTENANCE OF, COMMON,AND SERVICE,AREA 1. Designated, Employee Pa kiinc A_reaG. Areas to be used for motor vehicle parking purposes by employees or occupants of the Shopping Center may be designated within the Shopping Center from time to time by the Manager as defined in paragraph 3 below. No owner, employee of any owner, tenant or other occupant of any part of the Shopping Center shall use any portion of the Common Area located on the Shopping Center for motor vehicle parking purposes except such area or areas as may be designated in writing for such purposes as provided for herein. 2. Tax. Obligations. All owners of any portion of the Shopping Center shall pay all taxes and assessments when due on the Parcel or Parcels owned by them. If any such owner shall fail to pay said taxes and assessments when due and if such owner shall continue to fail to pay said taxes and assessments within thirty (30) days after the mailing of written notice to said owner (as identified on the current real property tax rolls of Riverside County) at the address for said owner then shown on the current real property tax rolls of Riverside County, and the defaulting owner shall not pay said bill within fifteen (15) days, the curing owner or tenant shall have a lien on the property of the defaulting owner for the amount of said bill , which amount shall bear interest at the rate of two percentage points, over Bank of America prime rate. 3. Sgrvice.Are�aintenance. All owners of any portion of the Shopping Center shall maintain any Service Area within its Parcel at its sole cost and expense and in such a manner that equals the maintenance standards as established from time to time by the Manager as hereinafter defined. Such maintenance items shall include but not be limited to , sweeping , cleaning , maintenance and repair of concrete or paving with material equal to that originally installed or substantially similar or better in quality and durability to said original material . 4. common Area Maintenance. Commencing with the opening for business of Lucky within the Shopping Center Monterey (the "Manager") , so long as it has an interest as owner or tenant in the Shopping Center, and thereafter Lucky shall operate and maintain or cause to be operated and maintained the Common Area located within the Shopping Center and shall keep the same, or cause same to be kept, in good condition and repair as is reasonably possible, including, but not limited to the following items: (i) Contracting for any paying for water, electricity, sweeping, trash disposal and janitorial services. (ii) Repairs to and replacement of asphalt paving with the type of ,surfacing material originally installed thereon (or a surfacing material of substantially similar, or better, quality and durability to said original material) , bumpers, striping, light bulbs, and light standards. (iii) Gardening including landscape sprinkler systems. (iv) All other items of repair, replacement and/or maintenance that may be needed from time to time to properly maintain the Common Area. 4. The Manager shall obtain and maintain general public liability insurance insuring the Manager and all persons who now or hereafter own or hold portions of the Shopping Center or any leasehold estate or other interest therein as their respective interests may appear, provided that the Manager is notified in writing of such interest, against claims for personal injury, death or property damage occurring in, upon or about the Common Area. Such insurance shall be written with an insurer licensed to do business in the State of California. The limits of liability of all such insurance shall be at least $ 1 ,000,000 single limit for injury to or death of one or more persons in one occurrence and $100,000 with respect to damage to property. 5. Common Ared Fx,pend' tureg (a) Amount and Aonroyg2. Manager shall expend only the money that is reasonably necessary for such operation and maintenance in order to keep the Common Area in good repair and clean condition and to operate the same on a nonprofit basis to the end that the expense in connection therewith shall be kept at a minimum. The Manager shall , prior to making any single expenditure relating to the Common of Ten Thousand Dollars ($ 10,000.00) or more, obtain the prior written approval of the making of such expenditure (which approval shall not be unreasonably withheld) from Declarant. (b) $gg•4;-t-igg. Thirty days prior to the beginning of each quarter, the Manager shall send to each and every owner of the Shopping Center a written estimate of the anticipated costs and expenses of operation and maintenance to which the Manager may add a management fee not exceeding ten percent (10%) of said costs and expenses; provided, however, that said management fee shall not be applied to capital expenditures in excess Five Thousand Dollars ($5,000.00) . On or prior to thirty (30) days following receipt of such estimate, each owner shall remit to the manager its proportionate share of such estimated costs, as hereinafter determined. At the end of each calendar year, manager shall deliver a statement to each owner, stating the actual costs for such year. Within thirty (30) days of the delivery of such annual statement, owner shall pay to manager or manager shall pay to owner, as the case may be, the difference between owner's proportionate share of such actual costs and its share of the estimated costs paid by it for such year. Each owner or its authorized representative shall have the right to examine the records of expenses in connection therewith at reasonable business hours and without unreasonable frequency. Each and every such owner shall pay to the manager its proportionate share of the total amount of said costs and expenses as follows: (i) Tnitial. Occupancy. For the first twelve ( 12) full calendar quarters (the first fractional calendar quarter, if any, shall be deemed a part of the first full calendar quarter for the purposes hereof) occuring after the opening for business of Lucky on the first day of each calendar quarter the Manager shall compute the actual number of square feet of building improvements which are then, or have been prior thereto, opened for business and shall identify the Parcels of the Shopping Center upon which said building improvements are located. For each of said calendar quarters the proportionate share payable by the owner of each Parcel shall be the ratio which the actual number of square feet of building improvements open for business , or which have been open for business previously, on each Parcel bears to the total number of square feet of building improvements open for business, or which have been open for business previously, in the entire Shopping Center excluding the buildable area on Parcel 7, as computed by the manager on the first day of each calendar quarter as hereinabove provided. Upon the expiration of said twelve (12) full calendar quarters and thereafter the proportionate share of the owner of each Parcel shall be as follows: Parcel 1 55.0% Parcel 2 10.3% Parcel 3 8.2% Parcel 4 8.4% Parcel 5 6.9% Parcel 6 5.2% Parcel 8 6.0% 8 TOTAL 100.0% If any of said fractions of said total is not so paid, the same shall be deemed deliquent and the amount thereof shall bear interest thereafter at the rate of two percent above Bank of Ameriba prime rate per annum until paid. Any and all deliquent amounts, together with said interest, shall be a lien on the property of the owner failing to pay. From time to time should the Future Building Area as shown on Exhibit B, attached hereto be converted to a building structure, then the Proportionate Share set forth in paragraph 5 (b) ( ii) shall be adjusted accordingly. 6. Fai1ure. of. Manager to Perform. If the Manager shall fail to perform such maintenance and/or provide such insurance, Lucky may do so, and Lucky may then bill the Manager for the expenses incurred. If the Manager shall not pay said bill within 15 days Lucky shall have the right to lien the property in the amount due which amount shall bear interest at the rate of two (2) points over Bank of America's prevailing prime. 7. ggRIacement, o£. ganaeer. Should either Declarant desire to replace the Manager for reasons of mismanagement of the Shopping Center, either Monterey or Lucky shall have the right to do so by giving written notice to the then Manager and all other owners of the Shopping Center setting forth in detail reasons the Manager should be replaced. Upon the expiration of sixty (60) days after the date of such notice, if Manager has not cured or commenced to cure the items listed in the notice of mismanagement, the Manager shall forthwith be replaced. The person so assuming the Manager's obligations shall thereafter be the Successor Manager, duly executed and acknowledged as such successor. Such Successor Manager shall faithfully and fully observe, perform and discharge each and every duty and obligation of the Manager hereunder in the place and stead of the then existing Manager for a specified period (which period shall in no event be for less than three (3) years, and which shall be described by calendar dates) and save and hold the Manager 9 i harmless of and from any and all liability or responsibility under the provisions hereof concerning the maintenance of the Common Area on account of any and all matters arising or occurring during such specified period. Said successor may utilize a nominee to perform such duties and obligations without relieving it, however, of any of such duties and obligations. The party taking over the duties of the Manager shall promptly cause an executed and acknowledged counterpart of such written undertaking to be duly recorded in the Official Records of Riverside County. The Manager hereby grants to said successor during said period all rights that the Manager shall possess hereunder including , but without limiting the foregoing , the right in the place and stead of the Manager to issue the statements above contemplated, to collect, hold, receive and disburse receipts on account thereof, and to have the full benefit of any lien which may arise by reason of any nonpayment on account thereof. 8. undemgl-Qged, Building, Areas. Until such time as buildings areconstructed on any Building Area of any Parcel of the Shopping Center, the Manager shall take such measures as may be necessary to control weeds, blowing dirt and sand, etc. with respect to said undeveloped Building Area and shall bill the owner of said undeveloped Building Area for its expenses in connection therewith. 9. g 3gatign. to gaintaiu. Notwithstanding this Agreement, should it occur that no person be obligated to maintain the Common Area pursuant to the provisions hereof, the owner of each arcel in the Shopping Center shall have the obligation to maintain its own Parcel, or Parcels, in accordance with the provisions hereof. ARTTCL.E TVA RESTRTCTJONS ON USE 1 . js�ggg�, No use shall be allowed which constitutes a nuisance, waste or unreasonable annoyance to owners or occupants of Parcels within the Shopping Center. Such uses shall include, but not be limited to: a. any objectionable noise; b. any obnoxious odor; C. any noxious, toxic, caustic or corrosive fuel; d, any dust, dirt or ash; e. the storage, display or sale of explosives, fireworks or other dangerous hazard; or f. the assembling, manufacturing distilling, refining, smelting, agricultural, or mining operation. 2. Eood. Restriction. No portion of the Shopping Center other than Parcel 1 shall be used for the purposes of a meat market, fish market, fruit store, vegetable store, or liquor store. However, this shall not prohibit a restaurant from selling alcohol as an incidental part of its business. The provisions of this Paragraph 2 shall be effective only if a supermarket is operated or continues to be operated on Parcel 1. 3. pharmacy Res_ teons. No portion of the shopping center other than Parcel 1 shall be used for the purposes of the conduct of any store, business, trade or profession which requires or has a license or permit to conduct a pharmacy from the California State Board of Pharmacies or other agency which hereafter may be impowered to license or permit the conduct of a pharmacy, or which employs or -is required to employ a registered pharmacist. The provisions of this Paragraph 3 shall be effective only if a pharmacy is operated or continues to be operated on Parcel 1. 4. Gas, Station. Restriction. In the event a Mobil Oil Station is operated or continues to be operated on Parcel 7, no other portion of the Shopping Center shall be used for the retail sale of gasoline. ARTI V RI ,HTG F NA R 1. Priority , of , Mor aaae , Lien. No breach of the covenants, conditions or restrictions herein contained, nor the enforcement of any lien provision herein, shall affect, impair, defeat or render invalid the lien or charge of any Mortgage made in good faith and for value encumbering any Lot, but all of said covenants, conditions and restrictions shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sale, or otherwise, whith respect to a Lot except as otherwise provided in this, Article. 2. Curing Defaults. A Mortgagee or the immediate transferree of such Mortgagee, who acquires title by judicial foreclosure, deed in lieu of foreclosure or trustee's sale shall not be obligated to cure any breach of the provisions of this Declaration which is noncurable or of a type which is not practical or feasible to cure. { 3. Resale. It is intended that any loan to facilitate the resale of any Lot after judicial 'foreclosure, deed in lieu of foreclosure or trustee's sale is a loan made in good faith and for value and entitled to all of the rights and protections afforded to other Mortgagees. 4. Subordination. Lucky and Monterey agree to use their best efforts to ensure that any and all Mortgagees of Mortgages in existence at the time of recordation of this Declaration with each sign , acknowledge and record a Subordination Agreement in which each Mortgagee subordinates the lien of its Mortgage to this Declaration. 5. Conflicts. In the event of any conflict between any of the provisions of this Article and any of the other provisions of this Declaration, the provisions of this Article shall control. ARTICLE VI GENERAL 2RQVISIONS 1 . CQyE11ANTZ-11UN—WITH THE LAND. Each easement, restriction and covenant contained herein shall be appurtenant to and for the benefit of all portions of the Shopping Center and shall be a burden thereon for the benefit of all portions of the Shopping Center, and shall run with the land. This Declaration and the restrictions, easements , covenants, benefits and obligations created hereby shall inure to the benefit of and be binding upon Declarant and Declarant's successors, transferees and assigns; provided, however, that if any owner conveys the fee of a Parcel in the Shopping Center owned by said owner , except if Lucky transfers Parcel 2 and leases back said Parcel, the acceptence of that conveyance by the conveyee shall be deemed the assumption and the agreement to be 12 bound by the covenants and agreements herein contained by the conveyee, and the vendor shall thereupon be released and discharged from any and all further obligations under this Declaration as such owner in connection with the property conveyed by it. If Lucky transfers Parcel 2 and leases back said Parcel, Lucky, for its lease term, shall remain a Declarant under this Declaration. 2. DURATION. Except as otherwise provided herein, each easement herein shall be in perpetuity and each covenant, restriction and undertaking of this document shall be for the term of sixty (60) years from the date hereof. 3. Transfer Ttansfer by Monterev. Monterey may out its option assign its rights and duties under this Declaration if it sells all or a substantial portion of the property. 4. INJUNCTI-VE—RELIEF. In the event of any violation or threatened violation by any owner, tenant or occupant of any portion of the Shopping Center of any of the terms, covenants, restrictions and conditions contained herein, in additional to the other remedies herein provided and all other legal or equitable remedies, any or all of the owners and tenants of the property included within the Shopping Center shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. 5. MODIFICATION PROVION. This Declaration may not be modified in any respect whatsoever, or rescinded, in whole or in part, except with the consent of all of the owners of the Shopping Center, plus the initial tenant of Parcel 1 so long as said initial tenant has an interest in Parcel 1 , at the time of such modification or rescission, and then only by a written instrument duly executed and acknowledged by the requisite owners and tenants, duly recorded in the Office of the Recorder of Riverside County. 6. NQT ARURLIC DED ICATYON. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Shopping Center to the general public or for the general public or for any public purpose whatsoever, it being the intention of Declarant that this Declaration shall be strictly limited to and 13 for the purposes herein expressed. 7. BREACH SHALL NOT 2EEMIT TERMINATION. No breach of this Declaration shall entitle any owner to cancel , rescind or i otherwise terminate this Declaration, but such limitation shall not affect in any manner any other rights or remedies which such owner, or any tenant, may have hereunder by reason of any breach of this Declaration. Any breach of any of said covenants or restrictions, however, shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value, but such covenants or restrictions shall be binding upon and effective against such owner of any of said property or any portion thereof whose title thereto is acquired by foreclosure, trustee sale or otherwise. 8. UVERAB;LITY. If any clause, sentence or other portion of the Declaration shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. 9. ENFORCEMENT OF LIEN. The liens provided for in "Operation and Maintenance of Common Area" hereinabove may be filed for record by the party entitled thereto as a claim of lien against the defaulting owner in the Office of the County Recorder of Riverside County, signed and verified, which shall contain at least: (a) A statement of the unpaid amount of costs and expenses; (b) A description sufficient for identification of that portion of the property of the defaulting owner which is the subject of the lien; and (c) The name of the owner or reputed owner of the property which is the subject of the alleged lien. Such lien, when so established against the real property described in said lien, shall be prior and superior to any right, title, interest, lien or claim which may be or has been acquired or attached to such real property after the time of filing of such lien. Such lien shall be for the use and benefit of the person filing same, and may be enforced and foreclosed in a suit or action brought in any court of competent jurisdiction. 10. OWNERSHIP OF SHOPPING CEN ER. The ownership of the entire Shopping Center by the same party and the acquisition by the same party of both the fee and leasehold interest in any portion of the Shopping Center shall not effect the termination of this Declaration. 11. NOTICES. Any notice or other item required or permitted to be given or received shall be deemed given or received forty-eight (48) hours after deposit into the United States postal service for delivery as registered or certified i mail, first class, postage prepaid, return receipt requested. In either case, such notice or other items shall be delivered to the addresses specified below for such party or to such other addresses as such party may from time to time designate by written notice: To Monterey: Monterey Partners Limited Partnership c/o Carver Management Corporation 110 West Las Tunas Drive San Gabriel, California 91776 Attn: Roy W. Carver To Lucky: IN WITNESS WHEREOF, Declarant has duly executed this Declaration as of the day and year first hereinabove set forth. MONTEREY PARTNERS LIMITED PARTNERSHIP By: LUCKY STORES, INC. By: JOHN HILLIARD AND ASSOCIATES ACOUSTICAL AND ENERGY CONSULTANTS 1714)832 6052 January 16, 1985 Mr. Jim Grant JI1N z 1985 Grant 505 Avenida aEnci actors nas eCa of p 7gL. sEnV/c ES P.O. Box 979 PALM pESERrES Carlsbad , CA 92008-0174 Subject : Submittal of Acoustical Analysis Project Number 85/016for Plaza De Monterey. Dear Mr. Grant : Attached Please Find : 6 copies of subject report with full calculations to submit to the City of Palm Desert Please have city officials contact Rick Colia at (714) 832-6052 for clarification/questions. All information and calculations contained herein are true and correct to the best of my knowledge , and the project is designed to meet existing acoustical requirements as determined by the City of Palm Desert . Richard lia Senior Engineer I also certify that I am a Registered Engineer in the State of California, and a Regular Member of the Ins a of Noise Control Engineering. QapfEsslo y k John K. liard , P1 #384 J? efCTR0,��P OF cotki PACKER'S SQUARE MEMBER: NAT)ONAL COUNCIL OF ACOUSTICAL CONSULTANTS 13132 NEWPORT AVE.,SUITE 105 INSTITUTE OF NOISE CONTROL ENGINEERING TUSTIN,CA 92680 JOHN HILLIARD AND ASSOCIATES 85/016 ACOUSTICAL AND ENERGY CONSULTANTS (714)832 6052 January 16 , 1985 Ms. Sandy Yavitz Carver Companies 559 So. Palm Canyon Drive Palm Springs , CA Subject : Acoustical Evaluation of Plaza De Monterey in Palm Desert . Dear Ms. Yavitz : At the request of Jim Grant , we have prepared an evaluation of the potential noise levels generated by activities from the proposed Plaza De Monterey in Palm Desert . The purpose of this evaluation was to reduce any noise impacts generated by the project to less than 70 dBA peak level at outdoor areas of adjacent single family residences along the south project property line . This evaluation was also made to qualify noise impact in terms of Community Noise Equivalent Level ( CNEL) , and to determine the noise impacts to adjacent residences with the existing 6 foot block wall along the south property line . Applicable Criteria Per Planning Commission Resolution No. 986, the Conditions of Approval Case No. DP 01-82 ( Amendment 111 ) for the project concerning noise are as follows : Major truck delivers and trash pick-up for Market to be only between 8 :00 a .m. to 9 :00 p.m. , Monday through Friday only. Project to be redesigned so that outdoor noise levels do not exceed 70 dBA and indoor levels do not exceed 45 CNEL, as measured at the residential units to the south, with applicant to submit verified data by qualified noise engineer; revised plan to be reviewed by the planning commission prior to submission of final construction drawings. PACKER'S SQUARE MEMBER:NATIONAL COUNCIL OF ACOUSTICAL CONSULTANTS 13132 NEWPORT AVE.,SUITE 105 INSTITUTE OF NOISE CONTROL ENGINEERING TUSTIN,CA 92680 Carver Companies Page 2 85/016 CNEL Evaluation The CNEL impact on the project site was derived from the following information provided by Lucky Market representatives : Heavy truck deliveries will be made according to the following schedule : Average Mon - Fri 6/Day Sat 4/Day Sun None It was assumed as a worst case situation that 4 deliveries will be made from Sam to 7pm (day periods) and no more than 2 from 7pm to 9pm (evening period) . Lucky trucks will be 1974 or newer, so that the peak ( Lmax) value used is 83 dBA at a distance of 50 feet traveling at 25 MPH. The CNEL calculation was made by means of the following equation : CNEL = 10 log { {4x10SEL/10 + 3 . 16 x 2 x 10SEL/101 86400 } Where : SEL = Single Event Level = 87.9 dBA 4 = Number of events in the day 2 = Number of events in the evening 3 . 16 = Weighting factor for the evening period 86400 = Number of seconds in one day The result is a CNEL impact of 50 .5 dB. This value is very low. Title 25 of the California Administrative Code requires that project be acoustically evaluated only if the CNEL impact is greater than 60 dB. The calculated value of50 .5 is significantly below the CNEL standard . In fact , the CNEL value , about 10 dB below the 60 dB CNEL standard would be perceived as about one-half as loud as 60 dB to nearby residents . Vehicular Noise From the California Vehicle Code , 1983 : "Page 438, Par. 23130 . 5 - Vehicular Noise Limits : 35 MPH or less Speed Zone. Carver Companies Page 3 85/016 ( 1 ) Any motor vehicle with a manufacturers gross vehicle weight rating of 6 ,000 pounds or more and any combination of vehicles towed by such motor vehicle . . . .82 dBA, based upon limits at 50 feet from center of the lane of travel . " As a worst case condition , the oldest Lucky diesel trucks were used in the analysis. Lucky representatives have indicated that only 1974 and newer trucks would be used for deliveries to this market . At a distance of 50 feet , the peak noise level associated with these trucks would be 83 dBA. Using the grading and site plans, the distances from the residences to the truck avenues were determined . Using this information and a noise drop-off rate of 6 dB per doubling of distance from the noise source (standard for a point source) , the projected noise level at each lot was determined (see Table 1 ) . The values showed in Table 1 are unshielded and have not taken into account the existing 6 foot masonry wall at the south property line of the project . Table 1 Unshielded Projected Noise Level Lot Distance, Feet Noise Level, dBA 12 110 76 . 2 13 60 81 . 4 14 60 81 .4 15 135 74 . 4 16 80 78. 9 17 60 81 .4 18 60 81 .4 19 60 81 .4 20 60 81 .4 21 70 80 37 80 78. 9 38 70 80 39 60 81 .4 40 100 77 41 160 72.9 42 235 69 . 6 Figure 2 shows the proposed truck entry Routes for the east and west sides of the market . These routes were envisioned to determine the closest point of approach trucks would make to each of the sensitive residential lots. These distances, shown in Table 1 , were used to calculate the unshielded impact to each lot . Carver Companies Page 4 85/016 Shielding With Existing Wall As a general rule , any wall over 6 feet high has to be designed and engineered to consider footings and wind loads . The existing wall on the south property line has not been so engineered and therefore, is restricted to the present height . To meet a higher wall requirement , the existing wall would become obsolete and would have to be removed at the lot locations higher than 70 dBA. In addition , the wall height would be relative to the project Is grade . Because the residential lots to the south are 3 to 5 feet below the project grade , the effective wall height would be 8 to 12 feet facing the residences. Because this proposed wall height would be aesthetically unpleasant to the adjacent residences , the noise attenuation of the existing 6 foot wall was calculated so that all options are considered . Using the pad , road and wall elevations, the break line-of-sight was determined . Trucks have a source height 8 feet above ground and observers were positioned 5 feet above pad grade (see Figure 3 ) . Table 2 shows the barrier calculation worksheet for Lots 12 through 21 and 37 through 42. The last column on the right shows the shielded noise levels with the existing wall in place . The results show that Lots 12 , 15-21 , 37 and 38 have shielded peak less than 70 dBA with the existing six foot block wall in place . The other lots have mitigated noise levels that are higher than 70 dBA. These lots are shown in Table 3 below. Table 3 Mitigated Noise Levels Higher than 70 dBA Lot Shielded Noise Levels, dB 13 75 .9 14 74 . 6 39 72 .9 Carver Companies Page 5 85/016 Mitigation Measures The barriers along the north property of these lots were increased to provide acoustical shielding. By breaking the line-of-sight between an observer and a noise source about 5 decibels of noise reduction can be expected . If the wall height is increased by one foot , an additional 1 .5 to 2 dB of noise reduction will occur. Using this principle , the wall heights necessary to . meet the planning commissions criteria of 70 dBA was determined . Table 4 shows the barrier calculation for the three lots to increase the noise reduction of the barrier. The results shows that an approximate 8.5 - 9 foot wall, (relative to project elevations) will shield Lots 13 and 14 to less than 70 dBA. For Lots 38 and 39, a 7. 5 foot wall will be required . The 8 foot high sound wall at the southerly side of loading ramps E and F, as shown on the plans , should be maintained . Results Shown on the next page is Table 5 with the barrier requirements for each lot . For each lot , the top of wall (TOW) elevation , attenuation from the barrier ( ATTEN) wall height relative to the residential pad grades (WALL HT) and resulting shielded noise levels are indicated . The table reveals that with the TOW elevations indicated , the noise criteria of 70 dBA can be achieved at each of the adjacent lots. For Lots 12 , 15-21 , 37 and 40-42 , the existing 6 foot block wall will be sufficient to meet the noise standard . For Lots 13 and 14 , a wall about 8. 5 to 9 feet in height will be required relative to the elevation of the project . For Lots 38 and 39 , an approximate 7 .5 foot wall will be required (project elevation) . Figure 4 shows the recommended locations for the increased wall heights for Lots 13 , 14 , 38 and 39 . If you have any questions, please do not hesitate to call me . Sincerel ichard ol�' Senior Engineer RC :ksj Table 2 SOUND BARRIER CALCULATION WORKSHEET CLIENT PROJECT DATE LOT/ ROAD PAD DSLE SORC OBS OBS- SLOS TDB ATTN ULEV SLEV TOTAL SORC ELEV ELEV ELEV ELEV BARR ELEV, ELEV (dB) DIST ----------------------------------------------------------------------- 12 23. 0 20. 3 110. 31. 0 25. 3 30. 0 26. 8 28. 5 7. 3 76. 2 68. 9 13 22. 7 20. 3 60. 0 30. 7 25. 3 30. 0 28. 0 28. 5 5. 5 81. 4 75. 9 14 22. 5 20. 2 60. 0 30. 5 25. 2 30. 0 27. 8 29. 0 6. 8 81. 4 74. 6 15 22. 5 19. 5 135. 30. 5 24. 5 30. 0 25. 8 29. 0 10. 0 74. 4 64. 4 16 22. 5 19. 2 80. 0 30. 5 24. 2 35. 0 27. 0 30. 0 10. 3 78. 9 68. 6 17 24. 0 19. 0 60. 0 32. 0 24. 0 15. 0 26. 0 30. 0 13. 8 81. 4 67. 6 18 23. 5 18. 8 60. 0 31. 5 23. 8 15. 0 25. 7 30. 0 14. 3 81. 4 67. 1 19 23. 0 18. 6 60. 0 31. 0 23. 6 15. 0 25. 4 30. 0 14. 7 81. 4 66. 6 20 23. 0 18. 3 60. 0 31. 0 23. 3 15. 0 25. 2 29. 6 14. 4 81. 4 67. 0 21 230 18. 1 70. 0 31. 0 23. 1 15. 0 24. 8 29. 6 15. 0 80. 0 65. 0 37 21.. 1 15. 3 80. 0 29. 1 20. 3 25. 0 23. 0 27. 0 12. 3 78. 9 66. 6 38 21. 0 15. 6 70. 0 29. 0 20. 6 20. 0 23. 0 26. 0 11. 1 80. 0 68. 9 39 20. 0 15. 8 60. 0 28. 0 20. 8 20. 0 23. 2 25. 0 8. 5 81. 4 72. 9 40 18. 4 16. 1 100. 26. 4 21. 1 20. 0 22. 2 24. 5 9. 4 77. 0 67. 6 41 17. 0 16. 5 160. 25. 0 21. 5 20. 0 21. 9 23. 5 7. 5 72. 9 65. 4 42 16. 0 16. 9 235. 24. 0 21. 9 20. 0 22. 1 23. 5 7. 1 69. 6 62. 5 Table 4 SOUND BARRIER CALCULATION WORKSHEET CLIENT PROJECT DATE LOT/ ROAD PAD DSLE SORC 06S OBS- BLOS TUB ATTN ULEV SLEV TOTAL SORC ELEV ELEV ELEV ELEV BARR ELEV ELEV (dB) DIST -------- -------------------------------------------------------------- 13 22. 7 20. 3 60. 0 30. 7 25. 3 30. 0 28. 0 31. 5 12. 0 81. 4 69. 4 14 22. 5 20. 2 60. 0 30. 5 25. 2 30. 0 27. 8 31. 5 12. 3 81. 4 69. 1 39 20. 5 15. 8 60. 0 28. 5 20. 8 20. 0 23. 4 26. 5 11. 6 81. 4 69. 8 Table 5 RECOMMENDED BARRIER HEIGHTS TOW Atten, Wall Ht. Mitigated Lot Elev dB Per Pad Grade Noise Level, dBA 12 28 .5 12 8. 2 ' 68.9 13 31 .5 12 11 .2 ' 69. 4 14 31 . 5 12. 3 11 . 3 69. 1 15 29 10 9 . 5 64 . 4 16 30 10 . 3 10 .8 68. 6 17 30 13. 8 11 67. 6 18 30 14 .3 11 .2 67 . 1 19 30 14 .7 11 . 4 66. 6 20 29. 6 14 . 4 11 . 3 67 21 29. 6 15 11 .5 65 37 27 12. 3 11 .7 66 . 6 38 26 .5 12 11 68 39 26 .5 11 . 5 10 .7 69 .8 40 24 .5 9. 4 8. 4 67 . 6 41 23 .5 7 . 5 7 65. 4 42 23 .5 7 . 1 6. 6 62.5 ---------------- - - ------ --- us� n 34 E RAN�� s ,A N.=AN, OUNINY IYmR Io`�l' / -_/'` I +i GLOVFSE ' I I ( E --------------- WEDICAL Ul C, �7—n�,7!7171-COLMTRf -L�—Ul 9 1 —,"AA, S19 C, —— —— ——————— ————— ———— L I CLANCY 5 L m k tT. .A 7g, aYAMRM lk" YIL.A 7 LN VInLE LA IH �E OF M ac wM A, HO AN r) AAJ Figure 1 : Site Location Map •l•1{u prwnr�nr,Sunr s.q•+•m. a ^W+'�•W wl �Y It IT ' - •Y'1'Y� 1.O M'1 1'H��M Y � �NWUC>�V771db�Yf-' H •�2 `` � S S'r t ,� 5301309" • ONf139 'M 'M QNYNN38 '� '� .'lZVrld 09G1M7 '� �• 3!iu t 3�i � 3 � " _� a l \Y I mQm RndnQnwAm x I, Y° r` �•, ��Yi(8dll8n `N� af .!'ram '1' C l V _I� 1•l III 'w � .�-`f 5( �'v `/ •F NA�Ik1 i - ,_..� ' it 'O "•: \ ` '� i � ! <pu�w�_vrs a 6., � � � 4 ^f _�j I I � I I;•i �.'� F� - 9y a — $ 0 I III` r� >Z , " i � ��r� � — _ �� •j, �� _ III I. r \ ` •v N6 �,�, 9g ./�^' CG I ICI 9�. '� C�_�'F...'x ��f. ��' I� E—• •} `4',il /� 4 fi� �g IME -p i9r ✓ � \ 4 111R 4 I` I 7r II�II b���ie'i�.��i � � i = �yr•�/ I�q I �'-- r.J � ' r I L Figure 2 : Proposed Truck Route Entries s t w . r" Figure 3 : Cross-Section of Project and Wall Elevations �y 4 m� �%�l�a�ill•n%LI �`� :r'�, 4 Lila r`�' f' `V!^ � 4�' r .+ •P +� .� 4r ate, ..try," x. � J I ,r ��r.�y, l �' I e� l�lg } 'Z .0 A \\\ vA i, '�a r .r�i'•l r Sn llw. 4 n g+�� �11 � +i14',1 A'P }'}\ M1:yr Nk7L�7a f/•� J ,�a�'�� y'�Ti 'W Ij�{t K �J � '� 1 A?f }\ .�F� Fl�� FL , ^a P4, �L{•vf 5� IAIU VIA 7�t �� 4 ,,` t � .1• '"`r- 1 � b4 ir4:� a)x�'NL:,7*�y Y�`•=:4 7PJ,�aRV rY `,\ �f J, d4�r12 C1��. { R •�>• � tl,`� x _., '4'�"y rL�a..d `aSti1lY±�vfL rS�C�.,/Qy:''!-\,f 1 • � jW Y� -0ir M��4tiF ,Nap :tw osl q l �f btiy 4Jir e �f�f <:" fap�,,,Y qr,,, ; JR :n .`�• (�' ��$Yt I svp�lyvw c rr��;y ' ��vw�' L ' � i J., J�`4Fr r,° a45o`u w "y yW l' , 1 \ dl••..' " 1!" R Y! L � ri 'x.4 r1 ' ' ' 1 Yp!"" tRq �rf IkY •f 'r!•"• � t �. I�a q� y1rR J �P. „�, � P. � ty � ,IMnm�.•.�+1 -'.MI, 1 F11'7st ♦ �L i� I k k.f "aL�7C, l duT\a ryt f i. .,IR uhN°f5"' I o, �y.J� .'�„• M ,N�� t'�t i1 'ern ✓+N,t �1,`�!P'(��''4 I�1��.s' � �! • �, ! C��� _ � "� r��.�'.�/jM, a `I,�r'r?�YS•,y''a�: w a 11 11 I I 1 1 1 /11 11111 1 1(, I1I~I I I I 1 1 I 1 1 t11 111111 1111^I 1111 f � ' .1 . • I I I I • • • • • � 1 GLOSSARY ELEV = Elevation DSLE = Distance to Single Lane Equivalent SORC = Source (such as truck or auto) OBS = Observer (Person to be shielded - 5' ave. ) OBS-BARR DIST. = Distance from observer to barrier BLOS = Break Line-of-Sight Elevation ATTN = Attenuation (calculated noise reduction) ULEV = Unshielded Noise Level SLEV = Shielded Noise Level TOTAL = Overall Combined Shielded Noise Level WALL HT. = Wall height in feet relative to pad elevation H, HT = Heavy Trucks M, MT = Medium Trucks A = Autos ADT = Average Daily Traffic (Vehicles Per Day) SLE = Single Lane Equivalent CNEL = Community Noise Equivalent Level Leq = Equivalent Sound Level dB = Decibels dBA = Decibels measured on the A-weighting scale STC = Sound Transmission Class IIC = Impact Insulation Class Hz = Hertz, Cycles Per Second SSB = Standard Single Strenght Glazing, 1/16" DSB = Double Strenght Glazing, 1/8" TL = Transmission Loss SGD = Sliding Glass Door SC = Solid Core Door SLM = Sound Level Meter Lmax = Maximum Noise Level assoc with a single event t Noise Pollution 150 Short exposure can cause hearing loss 140 Jet plane takeoff 130 Artillery fire Machine gun Riveting Deafening 120 Siren at 100 ft. Threshold of pain Jet plane (passenger ramp) Thunder-Sonic boom 110 Woodworking shop Threshold of discomfort Accelerating motorcycle Hard rock band 100 Subway steel wheels Loud street noise Power lawnmower Outboard motor Very loud 90 Truck unmuffled Train whistle Kitchen blender Pneumatic jackhammer 80 Printing press Intolerable for phone use Subway (rubber wheels) Noisy office Average factory Loud 70 Average street noise Quiet typewriter Average radio 60 Noisy home Average office Normal conversation Moderate 50 General office Quiet radio Average home Quiet street 40 Private office Quiet home Faint 30 Quiet conversation Broadcast studio 20 Empty auditorium Whisper 10 Rustling leaves Very faint Sound proof room Human breathing 0 db. Threshold of Audibility r PLANNING COMMISSION RESOLUTION NO. 1033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT PLAN AMENDMENT FOR A COMMERCIAL CENTER IN THE PC (2) ZONE. CASE NO. DP 01-82 (Amendment #2) WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing to consider a request by CARVER MANAGEMENT CORP for approval of an amendment to their previously approved development plan for a shopping center to permit deliveries on the west side of the market on Saturdays in addition to the Monday through Friday deliveries already approved for property zoned PC (2) (District Commercial Center) zone located at the southeast corner of Monterey Avenue and Country Club Drive, more particularly described as: Lot 104, Tract 11791 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project has previously been reviewed and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, of all interested persons desiring to be heard, said commission did find the following facts and reasons to exist to justify the granting of said amendment: 1. The design of the use will not substantially depreciate property values in the vicinity. 2. The use will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The use will not endanger the public peace, health, safety or general welfare. 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 01-82 (Amendment #2) is hereby granted for reasons subject to the attached conditions. 3. That this resolution supersedes Planning Commission No. 986*. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of March, 1985, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, WOOD, AND CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE 1-BBUUF9,12D CRITES, Chairman ATTEST: ,l7 RAMON A. DIAZ, SecreUd /tm *The Palm Desert Planning Commission did on the 19th day of February, 1985, approve a modification to condition #6, pertaining to noise mitigation. -1- PLANNING COMMISSION RESOLUTION NO. 1033 CONDITIONS OF APPROVAL CASE NO. DP O1-82 (Amendment #0 Department of Environmental Services: 1. The development of the property shall conform substantially with exhibits on file with the department of environmental services, as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural review and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date of approval unless an extension of time is granted; otherwise said approval shall become null and void and of no effect whatsoever. 4. Prior to the 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: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District Evidence of said permits 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. Major truck deliveries and trash pick-up for Market to be only between 8:00 a.m. to 9:00 p.m., Monday through Friday only, with Saturday deliveries permitted per the following schedule: Winter Hours: 10:00 a.m. thru 6:00 p.m. - maximum of five deliveries during an eight hour period. Summer Hours: 9:00 a.m. thru 7:00 p.m. - maximum five deliveries during a ten hour period. If within six months of market opening complaints are received regarding Saturday deliveries, planning commission shall determine whether Saturday deliveries are to continue. ***6. Project to be redesigned so that outdoor noise levels do not exceed 70 dBA and indoor levels do not exceed 45 CNEL, as measured at the residential units to the south, with applicant to submit verified data by qualified noise engineer; revised plan to be reviewed by the planning commission prior to submission of final construction drawings. Lots 13 and 14 shall be provided with additional landscaping to satisfaction of property owners and applicant. If within one year of opening of super market noise maximums are exceeded and owners of lots 13 and 14 feel noise levels are unacceptable, walls shall be provided by applicant and/or market operator as recommended by Hilliard noise study dated January 16, 1985, to satisfaction of the city. 7. All architecture of future buildings to be compatible with architectural commission approval of plans. 8. Trash enclosures for each detached building to be provided; with design and location to be approved by city and local trash company. -2- PLANNING COMMISSION RESOLUTION NO. 1033 **9. All public street and parking lot improvements shall be constructed as a part of the phase that includes market; service station improvements to include full loop driveway from Country Club Drive to Monterey Avenue. 10. All conditions of the architectural commission shall be met. 11. Detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards; plan to be prepared by qualified lighting engineer. 12. Driving aisle south of building "D" to Sagewood Drive shall be increased to 24 feet wide with no decrease in landscape planter width along south property line. 13. Parking space and aisles shall comply with Palm Desert Design Standards for off- street parking facilities. 14. Elirninte parallel parking spaces since they are not permitted by Palm Desert Design Standards for off-street parking faciities. 15. Three to 3.5 foot decorative wall and/or mounding shall be provided to sufficiently screen parking lot area from streets. **16. Setbacks for building "E" shall be increased to a minimum of 20 feet. 17. Aisle to south of market shall be gated for emergency access only. 18. Parking adjustment is allowed to a maximum of 10% of the required parking. 19. Market operator to submit letter indicating that he has read the conditions of approval and will abide by same; letter to be submitted prior to issuance of building permit. 20. Parking lot directional striping and safety signs to be provided; plan to be submitted with final working drawings for approval. 21. Only delivery diesel trucks built after 1974 shall be used. *22. Service station building to be setback 30 feet from Country Club Drive and Monterey Avenue property lines per municipal code requirements. *23. Stone wall that extends from building shall be stepped down to three feet in height and extended to within 20 feet of each driveway. *24. Planter adjacent to parking spaces between service station building and westerly driveway on Country Club Drive shall be widened from 10 feet to 15 feet from property line. *25. Raised landscaped center median in westerly driveway on Country Club Drive shall be provided as shown on originally approved site plan on file in the department of environmental services. *26. Repair and service work in service bays shall be limited to lubrication, brakes, tires, batteries, oil change, and minor tune-ups with all work performed within building. *27. Service station signs shall comply with municipal code section 25.68.380 provided state requirements for signage shall prevail where there is a conflict. Department of Public Works: **28. Combined bikeway/sidewalks next to curb shall be installed on Monterey Avenue and Country Club Drive. **29. Traffic safety striping on Monterey Avenue/Country Club Drive shall be provided to the specifications of the director of public works. A traffic control plan must be submitted to and approved by the director of public works before placing pavement markings. -3- PLANNING COMMISSION RESOLUTION NO. 1033 **30. Either installation of one half of median on Monterey Avenue and Country Club Drive or payment of one half estimated median costs at the option of the director of public works; medians to be installed by March 1, 1985. 31. No median breaks shall be permitted within 660 feet of the Monterey Avenue and Country Club Drive intersection. 32. Grading plan shall be approved by the city engineer prior to issuance of a grading permit. 33. Signalization fund fees shall be paid prior to issuance of building permits. 34. Complete improvement plans and specifications shall be submitted as required by ordinance to the city engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as built" plans prior to acceptance of the improvements by the city. 35. Landscaping maintenance on Monterey Avenue and Country Club Drive shall be provided by the owner. 36. Existing utilities shall be undergrounded. 37. Sidewalks shall be installed on Sagewood Drive. 38. Drainage facilities shall be provided, per Ordinance No. 218, and the Master Drainage Plan, to the specifications of the director of public works. 39. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 40. Size, number, and location of driveways to public works specifications. Fire Marshal: 41. Install a water system capable of delivering 4000 GPM fire flow for a 2 hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 42. Install Riverside County super fire hydrants so that no point of any building is more than 150 feet from a fire hydrant measured along approved"vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. C. Curbs (if installed), shall be painted red 15 feet in either direction from each hydrant. 43. Prior to issuance of a building permit, the developer shall furnish the original and 2 copies of the water system plan to the fire marshal for review. Upon approval, one copy will be sent to the building department, and the original will be returned to the developer. 44. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: N certify that the design of the water system in Case No. DP 01-82 is in accordance with the requirements prescribed by the fire marshal." 45. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating, and delivering the required flow. 46. The market building shall be fully protected by an automatic fire sprinkler system. 47. Fire lanes shall be marked as per municipal code. -4- ;f PLANNING COMMISSION RESOLUTION NO. 1033 * Condition added by Amendment #1, September 4, 1984. ** Condition amended by Amendment #1, September 4, 1984. *** Condition amended as minor change by Planning Commission February 19, 1985. **** Condition amended by Amendment #2, March 5, 1985. -5- f' /glob,I O ) - _.vl%t�a N I.,bN�Sca.pi►�t�----. -._�_ — February 15, 1985 CITY OF PALM DESERT LEGAL NOTICE a Case No. DP 01-82 (Amendment #2) NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by CARVER MANAGEMENT CORPORATION for approval of an amendment to their previously approved development plan for a shopping center to permit a maximum of seven (7) deliveries on the west side of the market on Saturdays between 8:00 a.m. and 7:00 p.m., in addition to the Monday through Friday deliveries already approved for property zoned PC (2) (District Commercial Center) and located at the southeast corner of Monterey Avenue and Country Club Drive, more particularly described as: LOT 104, TRACT 11791 i 'GWI TY OF RIVERSIDE 'PLN DESERT GTT '_IMIi P.R.-7 S.P (DP 15-79) _C0UNTRY—CLU8—OR+VET 71 _ I P.C. (2) % f OP 1 +� EE "w ..00 cq•� R-„ 2 8,000 (8) P R-I ,P .00n. W OP:uiO. ,E CI. CO `AGE` v R-5Id F ^( H OV L EY L.ANE SAID Public Hearing will be held on Tuesday, March 5, 1985, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Desert Post February 22, 1985 AM 1 � CuAll 0ff T'l nll rrnn ��®IP�o d FEB 23'85 ti �• i i• 73-510 FRED WARING DRIVE-,PALM DESERT,CALIFORNIA 92260 L^ ,� ' -! `' !. R A l .836165 Ia lil SEKDER t (tj 22- -2-- 28T-- -�T� ATT E°PTEDFDTK NOW 14' Qrl Spiuck ` SUFFICIENT ADDRESS 360 S ewood Dr. 14B SUCH ClnftEA P Des rt, CA 9226 . YU KFUED RT ��ic.,b"irt` L 71 City of Palm Desert T Department of Environmental Services ` Staff Report TO: Planning Commission DATE: February 19, 1985, continued from February 5, 1985 SUBJECT: Acoustical (noise) evaluation of Plaza De Monterey required by DP 01-82. APPLICANT: CARVER MANAGEMENT CORP. 559 S. Palm Canyon Drive Palm Springs, CA 92262 ENGINEER: JOHN HILLIARD AND ASSOCIATES ATTN: Richard Colia Packers Square 13132 Newport Avenue, Suite 105 Tustin, CA 92680 I. BACKGROUND: This item was first reviewed at the meeting of February 5, 1985. Various options to deal with the noise were discussed with the applicants and affected homeowners. The options discussed were as follows: 1. Raise the existing wall varying heights as recommended by noise engineer. 2. Provide additional heavy landscaping adjacent to wall. 3. Provide additional heavy landscaping adjacent to wall and bond to raise wall. Bond to be exercised if, after reasonable period of operation of center, it is determined that the noise levels are unacceptable. 4. Redesign the shopping center so that the noise maximums are not exceeded. The condition regarding the noise is as follows: Project to be redesigned so that outdoor noise levels do not exceed 70 dBA and indoor levels do not exceed 45 CNEL, as measured at the residential units to the south, with applicant to submit verified data by qualified noise engineer; revised plan to be reviewed by the planning commission prior to submission of final construction drawings. After some discussion, the planning commission continued this item to permit the applicant, homeowners, and staff to meet in order to review options and determine how to proceed. H. REVISED PLANS: The staff, applicants, and majority of the affected homeowners met on February 13. At that time, the applicant indicated changes they proposed to the easterly loading area to lower the noise levels to within the limits of the condition. Written verification by the noise engineer is expected by the meeting. On the westerly side, the homeowners have indicated that additional landscaping without the raised wall is still acceptable to them. Staff is expecting to have written communication to that affect at the meeting. The applicant will submit a revised plan to reflect the proposed changes. Additionally, the applicant will increase the landscaping adjacent to the wall where ever possible. III. RECOMMENDATION: The planning commission should review the revised proposal and determine acceptability. Staff feels that some provision for future noise review and mitigation should be retained for any lots where only landscaping is provided and the noise not mitigated through redesign or additional wall height, even if the homeowners now agree to the landscaping. DP 01-82 Continued IV. ATTACHMENTS: A. Revised plans. B. Acoustical Analysis C. Planning Commission Resolution No. 986. Prepared by4G e-;, S�uLI Reviewed and Approved by 4�05NL�� Am J -2- City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: February 5, 1985 SUBJECT: Acoustical (noise) evaluation of Plaza De Monterey required by DP 01-82. APPLICANT: CARVER MANAGEMENT CORP. 559 S. Palm Canyon Drive Palm Springs, CA 92262 ENGINEER: JOHN HILLIARD AND ASSOCIATES ATTN: Richard Colia Packers Square 13132 Newport Avenue, Suite 105 Tustin, CA 92680 I. BACKGROUND: Development Plan 01-82 which was approved in 1982, allows for a shopping center of approximately 87,525 square feet including a Lucky's supermarket. One of the conditions of approval was that noise mitigation be provided adjacent to south property line. The specific wording of the condition is as follows: Project to be redesigned so that outdoor noise levels do not exceed 70 dBA and indoor levels do not exceed 45 CNEL, as measured at the residential units to the south, with applicant to submit verified data by qualified noise engineer; revised plan to be reviewed by the planning commission prior to submission of final construction drawings. An acoustical evaluation has been submitted by the applicant. The study evaluates expected indoor and outdoor noise levels. The applicant at the meeting will make a presentation to show how they will be complying with the required condition. To summarize the outdoor analysis, three lots would be above the 70 dBA level and would require noise attenuation. The applicants propose to reduce the noise by raising the existing walls on four lots a height varying from .5 to 3 feet. The applicant will have contacted those owners to find out their feelings on raising the wall by the time of the meeting. Should the owners object, the applicant would have to make on-site changes to his plans to reduce the noise levels. II. RECOMMENDATION: The planning commission should review the study and determine whether the measures proposed by the applicant are acceptable to comply with the condition stipulating noise maximums. III. ATTACHMENTS: A. Acoustical Analysis. B. Planning Commission Resolution No. 986. Prepared by �1D CiMJ Z� Reviewed and Approved b . G Am 4 PLANNING COMMISSION RESOLUTION NO. 1033 v A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT PLAN AMENDMENT FOR A COMMERCIAL CENTER IN THE PC (2) ZONE. CASE NO. DP 01-82 (Amendment #2) WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing to consider a request by CARVER MANAGEMENT CORP for approval of an amendment to their previously approved development plan for a shopping center to permit deliveries on the west side of the market on Saturdays in addition to the Monday through Friday deliveries already approved for property zoned PC (2) (District Commercial Center) zone located at the southeast corner of Monterey Avenue and Country Club Drive, more particularly described as: Lot 104, Tract 11791 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project has previously been reviewed and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, of all interested persons desiring to be heard, said commission did find the following facts and reasons to exist to justify the granting of said amendment: 1. The design of the use will not substantially depreciate property values in the vicinity. 2. The use will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The use will not endanger the public peace, health, safety or general welfare. 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 01-82 (Amendment #2) is hereby granted for reasons subject to the attached conditions. 3. That this resolution supersedes Planning Commission No. 986*. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of March, 1985, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, WOOD, AND CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE 6BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secre� Am *The Palm Desert Planning Commission did on the 19th day of February, 1985, approve a modification to condition #6, pertaining to noise mitigation. -1- r PLANNING COMMISSION RESOLUTION NO. 1033 CONDITIONS OF APPROVAL CASE NO. DP 01-82 (Amendment #I) Department of Environmental Services: 1. The development of the property shall conform substantially with exhibits on file with the department of environmental services, as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural review and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date of approval unless an extension of time is granted; otherwise said approval shall become null and void and of no effect whatsoever. 4. Prior to the 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: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District Evidence of said permits 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. Major truck deliveries and trash pick-up for Market to be only between 8:00 a.m. to 9:00 p.m., Monday through Friday only, with Saturday deliveries permitted per the following schedule: Winter Hours: 10:00 a.m. thru 6:00 p.m. - maximum of five deliveries during an eight hour period. Summer Hours: 9:00 a.m, thru 7:00 p.m. - maximum five deliveries during a ten hour period. If within six months of market opening complaints are received regarding Saturday deliveries, planning commission shall determine whether Saturday deliveries are to continue. ***6. Project to be redesigned so that outdoor noise levels do not exceed 70 dBA and indoor levels do not exceed 45 CNEL, as measured at the residential units to the south, with applicant to submit verified data by qualified noise engineer; revised plan to be reviewed by the planning commission prior to submission of final construction drawings. Lots 13 and 14 shall be provided with additional landscaping to satisfaction of property owners and applicant. If within one year of opening of super market noise maximums are exceeded and owners of lots 13 and 14 feel noise levels are unacceptable, walls shall be provided by applicant and/or market operator as recommended by Hilliard noise study dated January 16, 1985, to satisfaction of the city. 7. All architecture of future buildings to be compatible with architectural commission approval of plans. 8. Trash enclosures for each detached building to be provided; with design and location to be approved by city and local trash company. -2- PLANNING COMMISSION RESOLUTION NO. 1033 **9. All public street and parking lot improvements shall be constructed as a part of the phase that includes market; service station improvements to include full loop driveway from Country Club Drive to Monterey Avenue. 10. All conditions of the architectural commission shall be met. 11. Detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards; plan to be prepared by qualified lighting engineer. 12. Driving aisle south of building "D" to Sagewood Drive shall be increased to 24 feet wide with no decrease in landscape planter width along south property line. •13. Parking space and aisles shall comply with Palm Desert Design Standards for off- street parking facilities. 14. Eliminte parallel parking spaces since they are not permitted by Palm Desert Design Standards for off-street parking faciities. 15. Three to 3.5 foot decorative wall and/or mounding shall be provided to sufficiently screen parking lot area from streets. **16. Setbacks for building "E" shall be increased to a minimum of 20 feet. 17. Aisle to south of market shall be gated for emergency access only. 18. Parking adjustment is allowed to a maximum of 10% of the required parking. 19. Market operator to submit letter indicating that he has read the conditions of approval and will abide by same; letter to be submitted prior to issuance of building permit. 20. Parking lot directional striping and safety signs to be provided; plan to be submitted with final working drawings for approval. 21. Only delivery diesel trucks built after 1974 shall be used. *22. Service station building to be setback 30 feet from Country Club Drive and Monterey Avenue property lines per municipal code requirements. *23. Stone wall that extends from building shall be stepped down to three feet in height and extended to within 20 feet of each driveway. *24. Planter adjacent to parking spaces between service station building and westerly driveway on Country Club Drive shall be widened from 10 feet to 15 feet from property line. *25. Raised landscaped center median in westerly driveway on Country Club Drive shall be provided as shown on originally approved site plan on file in the department of environmental services. *26. Repair and service work in service bays shall be limited to lubrication, brakes, tires, batteries, oil change, and minor tune-ups with all work performed within building. *27. Service station signs shall comply with municipal code section 25.68.380 provided state requirements for signage shall prevail where there is a conflict. Department of Public Works: **28. Combined bikeway/sidewalks next to curb shall be installed on Monterey Avenue and Country Club Drive. **29. Traffic safety striping on Monterey Avenue/Country Club Drive shall be provided to the specifications of the director of public works. A traffic control plan must be submitted to and approved by the director of public works before placing pavement markings. -3- PLANNING COMMISSION RESOLUTION NO. 1033 **30. Either installation of one half of median on Monterey Avenue and Country Club Drive or payment of one half estimated median costs at the option of the director of public works; medians to be installed by March 1, 1985. 31. No median breaks shall be permitted within 660 feet .of the Monterey Avenue and Country Club Drive intersection. 32. Grading plan shall be approved by the city engineer prior to issuance of a grading permit. 33. Signalization fund fees shall be paid prior to issuance of building permits. 34. Complete improvement plans and specifications shall be submitted as required by ordinance to the city engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as built" plans prior to acceptance of the improvements by the city. 35. Landscaping maintenance on Monterey Avenue and Country Club Drive shall be provided by the owner. 36. Existing utilities shall be undergrounded. 37. Sidewalks shall be installed on Sagewood Drive. 38. Drainage facilities shall be provided, per Ordinance No. 218, and the Master Drainage Plan, to the specifications of the director of public works. 39. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 40. Size, number, and location of driveways to public works specifications. Fire Marshal: 41. Install a water system capable of delivering 4000 GPM fire flow for a 2 hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 42. Install Riverside County super fire hydrants so that no point of any building is more than 150 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. C. Curbs (if installed), shall be painted red 15 feet in either direction from each hydrant. 43. Prior to issuance of a building permit, the developer shall furnish the original and 2 copies of the water system plan to the fire marshal for review. Upon approval, one copy will be sent to the building department, and the original will be returned to the developer. 44. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in Case No. DP 01-82 is in accordance with the requirements prescribed by the fire marshal." 45. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating, and delivering the required flow. 46. The market building shall be fully protected by an automatic fire sprinkler system. 47. Fire lanes shall be marked as per municipal code. -4- Y PLANNING COMMISSION RESOLUTION NO. 1033 Condition added by Amendment #1, September 4, 1984. Condition amended by Amendment #1, September 4, 1984. *** Condition amended as minor change by Planning Commission February 19, 1985. ** * Condition amended by Amendment #2, March 5, 1985. -5- i_ MINUTES PALM DESERT PLANNING COMMISSION APRIL 2, 1985 staff recommendation was no. Chairman Crites felt that this was the opinion of the commission and council expressed at the joint meeting. Chairman Crites indicated that sign color was a concern. Mr. Diaz replied that he had spoken with the architectural commission regarding that sign color, and the height of monument signs and the relation of the height to the street. Chairman Crites closed the public testimony. Commission concurred with Mr. Diaz. Action: Moved by Commissioner Richards, seconded by Commissioner Erwood, to instruct staff to bring back the ordinance on April 16, 1985. Carried 3-0. Commission indicated that staff should respond in writing to Ms. Triphon's letter. VIII. MISCELLANEOUS ITEMS A. CASE NO. D� CARVER MANAGEMENT, Applicant Request for approval of a minor modification to screening requirements along street for shopping center located at the southeast corner of monterey Avenue and Country Club Drive. Mr. Diaz explained that the applicant wished to utilize a 30 inch berm on approximately one third of the frontage along Country Club Drive in place of a 36 inch berm and utilize grass and indicated that the architectural commission did not see any complications, but because it was a modification of the plan which the planning commission reviewed it was brought to their attention. Mr. Diaz indicated that if the commission determined this to be a minor modification, the change would fall within his jurisdiction. Commission agreed that the matter was a minor modification. B. CASE NOS. PP 84-24a and TT 20199 - WARD, Applicant City council at its March 28, 1985, meeting sent the precise plan of design to the planning commission for review of a modification. Mr. Diaz indicated that the project was changed at the last city council meeting from two story to one story and affirmed the 3 bedroom 2 bath $1240 units. Commission concurred. IX. ORAL COMMUNICATIONS Mr. Lyman Martin, 71-251 Cholla, indicated that he had met the application deadline of March 8, 1985, to be on the agenda for the April 2 meeting. Mr. Diaz explained that there were no application deadlines assuring hearing dates and that the applicant was scheduled for the April 16, 1985 meeting. X. COMMENTS None. X1. ADJOURNMENT Moved by Chairman Crites, seconded by Commissioner Erwood, to adjourn the meeting. Carried 3-0. The meeting adjourned at 11:08 p.m. Am -5- i MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 1985 VII. PUBLIC HEARINGS NONE Vill. MISCELLANEOUS ITEMS A. Continued Case Noo:DIP ZCARVER MANAGEMENT CORPORATION, Applicant Request for approval of a proposed measure to comply with previous condition stipulating noise maximums for property at the southeast corner of Monterey Avenue and Country Club Drive. Mr. Sawa reviewed the staff report and indicated that the applicant suggested moving the aisle 20 feet back from the existing wall so that lots 38 and 39, east of the super market, would not exceed the 70 dBA limit. He explained that the homeowners to the west of the site indicated that they would prefer additional landscaping in lieu of raising the wall. Ms. Sandra Yavitz, applicant, read a letter by Hilliard, the sound engineer, which explained that moving the aisle would prevent lots 38 and 39 from exceeding the 70 dBA limit. Vice Chairman Erwood asked if any affected homeowners present wished to speak. Mr. Bob Richey, owner of lot 14, stated that he concurred with the proposal and that his neighbor agreed with him. Ms. Ven Tanner, Silktree Homeowners Association, explained that if at some future date the sound exceeded the 70 dBA, something should be done. Mr. Diaz explained that if complaints are received, a member of the staff would go out and measure the noise levels. Commissioner Downs asked the applicant if she was willing to leave the options open if the landscaping does not work. Ms. Yavitz replied that she would be willing to work something out. Mr. Diaz explained that the options will remain open. He indicated that the city was trying to obtain the 70 dBA limit and that anything over that would be taken care of. Vice Chairman Erwood asked the homeowners of lots 13 and 14 if they understood the options. Affirmation was indicated by Mr. Richey. Ms. Yavitz noted that a time limitation of one year from the opening of the Lucky super market had been discussed. Commissioner Wood indicated that quidelines had been set and that is a nuisance is created it will be covered in the ordinance. Action. Moved by Commissioner Downs, seconded by Commissioner Wood, to approve the noise study with a minor modification providing that walls as recommended by sound engineer would be provided for lots 13 & 14 if within one year unacceptable noise levels are created. B. Consideration of findings of consistency with the city's adopted general plan for proposed secondary access to Palm Desert High School. Mr. Diaz indicated that he would like additional time to prepare a resolution. -2- PL.__ _NING COMMISSION RESOLUTION J. 986 A RESOLUTION OF THE PLANNING. COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT PLAN AMENDMENT TO ALLOW AN ADDITION OF A SERVICE STATION TO A COMMERCIAL CENTER IN THE PC (2) ZONE. CASE NO. DP 01-82 (Amendment #0 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of September, 1984, hold a duly noticed public hearing to consider a request by CARVER MANAGEMENT CORP and MOBIL OIL CORP. for approval of an amendment to a development plan to allow the addition of a gasoline service station to a commercial shopping center on nine acres in the PC (2) (District Commercial Center) zone located at the southeast corner of Monterey Avenue and Country Club Drive, more particularly described as: Lot 104, Tract 11791 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Qualit, Act, Resolution No. 80-89", in that the director of environmental services has determined that the project has previously been reviewed and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon. hearing and considering all testimony and. arguments, of all interested persons desiring to be heard, said commission did find the following facts and reasons to exist to justify the granting of said amendment: 1. The design of the use will not substantially depreciate property values in the vicinity. 2. The use will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The use will not endanger the public peace, health, safety or general welfare. 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 01-82 (Amendment #1), ADJ 01-82, and 164 C is hereby granted for reasons subject to the attached conditions. 3. That this resolution supersedes Planning Commission No. 788. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of September, 1984, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, WOOD, AND CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE BUFORD CRITE5, Chairman ATTE AMON A. DIAZ, Secret ry /tm -1- r PLANNING COMMISSION RESOLUTION NO. 986 CONDITIONS OF APPROVAL CASE NO. DP 01-82 (Amendment #0 Department of Environmental Services: 1. The development of the property shall conform substantially with exhibits on file with the department of environmental services, as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural review and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date of approval unless an extension of time is granted; otherwise said approval shall become null and void and of no effect whatsoever. 4. Prior to the 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: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District Evidence of said permits 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. Major truck deliveries and trash pick-up for Market to be only between 8:00 a.m. to 9:00 p.m., Monday through Friday only. 6. Project to be redesigned so that outdoor noise levels do not exceed 70 dBA and indoor levels do not exceed 45 CNEL, as measured at the residential units to the south, with applicant to submit verified data by qualified noise engineer; revised plan to be reviewed by the planning commission prior to submission of final construction drawings. 7. All architecture of future buildings to be compatible with architectural commission approval of plans. 8. Trash enclosures for each detached building to be provided; with design and location to be approved by city and local trash company. **9. All public street and parking lot improvements shall be constructed as a part of the phase that includes market; service station improvements to include full loop driveway from Country Club Drive to Monterey Avenue. 10. All conditions of the architectural commission shall be met. 11. Detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards; plan to be prepared by qualified lighting engineer. 12. Driving aisle south of building "D" to Sagewood Drive shall be increased to 24 feet wide with no decrease in landscape planter width along south property line. 13. Parking space and aisles shall comply with Palm Desert Design Standards for off- street parking facilities. -2- PLANNING COMMISSION RESOLUTION NO. 986 14. Eliminte parallel parking spaces since they are not permitted by Palm Desert Design Standards for off-street parking faciities. 15. Three to 3.5 foot decorative wall and/or mounding shall be provided to sufficiently screen parking lot area from streets. **16. Setbacks for building "E" shall be increased to a minimum of 20 feet. 17. Aisle to south of market shall be gated for emergency access only. 18. Parking adjustment is allowed to a maximum of 10% of the required parking. 19. Market operator to submit letter indicating that he has read the conditions of approval and will abide by same; letter to be submitted prior to issuance of building permit. 20. Parking lot directional striping and safety signs to be provided; plan to be submitted with final working drawings for approval. 21. Only delivery diesel trucks built after 1974 shall be used. *22. Service station building to be setback 30 feet from Country Club Drive and Monterey Avenue property lines per municipal code requirements. *23. Stone wall that extends from building shall be stepped down to three feet in height and extended to within 20 feet of each driveway. *24. Planter adjacent to parking spaces between service station building and westerly driveway on Country Club Drive shall be widened from 10 feet to 15 feet from property line. *25. Raised landscaped center median in westerly driveway on Country Club Drive shall be provided as shown on originally approved site plan on file in the department of environmental services. *26. Repair and service work in service bays shall be limited to lubrication, brakes, tires, batteries, oil change, and minor tune-ups with all work performed within building. *27. Service station signs shall comply with, municipal code section 25.68.380 provided state requirements for signage shall prevail where there is a conflict. Department of Public Works: **28. Combined bikeway/sidewalks next to curb shall be installed on Monterey Avenue and Country Club Drive. **29. Traffic safety striping on Monterey Avenue/Country Club Drive shall be provided to the specifications of the director of public works. A traffic control plan must be submitted to and approved by the director of public works before placing pavement markings. **30. Either installation of one half of median on Monterey Avenue and Country Club Drive or payment of one half estimated median costs at the option of the director of public works; medians to be installed by March 1, 1985. 31. No median breaks shall be permitted within 660 feet of the Monterey Avenue and Country Club Drive intersection. 32. Grading plan shall be approved by the city engineer prior to issuance of a grading permit. -3- r PLANNING COMMISSION RESOLUTION NO. 986 33. Signalization fund fees shall be paid prior to issuance of building permits. 34. Complete improvement plans and specifications shall be submitted as required by ordinance to the city engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as built" plans prior to acceptance of the improvements by the city. 35. Landscaping maintenance on Monterey Avenue and Country Club Drive shall be provided by the owner. 36. Existing utilities shall be undergrounded. 37. Sidewalks shall be installed on Sagewood Drive. 38. Drainage facilities shall be provided, per Ordinance No. 218, and the Master Drainage Plan, to the specifications of the director of public works. 39. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 40. Size, number, and location of driveways to public works specifications. Fire Marshal: 41. Install a water system capable of delivering 4000 GPM fire flow for a 2 hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 42. Install Riverside County super fire hydrants so that no point of any building is more than 150 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. . B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. C. Curbs (if installed), shall be painted red 15 feet in either, direction from each hydrant. 43. Prior to issuance of a building permit, the developer shall furnish the original and 2 copies of the water system plan to the fire marshal for review. Upon approval, one copy will be sent to the building department, and the original will be returned to the developer. 44. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in Case No. DP 01-82 is in accordance with the requirements prescribed by the fire marshal." 45. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating, and delivering the required flow. 46. The market building shall be fully protected by an automatic fire sprinkler system. 47. Fire lanes shall be marked as per municipal code. * Condition amended by Amendment #1, September 4, 1984. Condition added by Amendment #1, September 4, 1984. -4- 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 January 7, 1986 Ms. Sandy Yavitz Carver Co. 559 S. Palm Canyon Drive Palm Springs, CA 92262 RE: PARKING LOT LIGHTING AT PLAZA DE MONTEREY Dear Sandy: This letter is to confirm our discussion last week regarding the parking lot lights adjacent to the rear property line. The Silktree Homeowners Association and your firm has agreed that the lights that have been installed can be energized to determine whether they will create a nuisance to the neighborhood. The lights adjacent to the wall are to be provided with shields on the rear and both sides sufficient to screen the light source from the homes with the landscaping planted to minimize impact of the lights. Should further modifications to the lights be needed at that time, your firm Is to immediately make the corrections as required by the city. Should the corrections not be satisfactory, further approvals will be with held. Should you have any questions, feel free to contact me. Very truly yours, Stan B. Sawa Principal Planner SBS/tm cc: Van Tanner, Silktree Association MI December 16, 1985 I MN Carver Management V��iRONP.4El3i�LLr�l �S Sandy Yavitz `CtYF��R�M��� 7 255 S . Palm Canyon Palm Springs , ,Ca 92262 RE: Lucky Shopping Center Dear Ms . Yavitz: This Letter is to confirm' a conversation we had as we walked the job site for the Lucky development. On that Wednesday the 27th of November we discussed two major topics, the current position of the light standards that are directly behind our homes, and the unsightly lucky wall that the residents can see over the existing landscaping . The solution to both topics was left open for the time being . We agreed that the landscape plan that you have designed should go in and the guards be put on the lights . If the lights and the wall are still not acceptable to the residents the alternatives will have to be discussed. In the talk we had you verbally agreed to , at your companies expense landscape the back yards that, were still affected by the lights or the wall. It was also suggested that the light poles could be lowered . or moved farther away from the back wall. This letter comes from the association of Silktree . Many of the residents have verbally expressed their concern about the way the Center apperance has distracted from the beauty of our neighborhood, and are concerned about the resale value of their homes . Your very try Board oY Directors Silktree Association cc. Stan Sawa CC . Robert Ritchey ' r. A CARVER MANAGEMENT CORPORATION SHOPPING CENTER LEASING AND MANAGEMENT November 27, 1985 DEC � 1985 ' .... Ec111RONMENL Ski. �F PALM -, 3 Mr. Robert Ritchey 40349 Sugarbrush Court Palm Desert, CA 92260 Re: Lights - Plaza de Monterey Dear Bob: Per our conversation last week, this is to confirm our understanding that we will meet once the light shields and landscaping are installed at Plaza de Monterey to discuss any problems you may have with light entering your backyard. Bob, I will give you a call when the lights are to be energized. Thanks for your understanding. Sincerely, /// SandraV G. Yavitz Project Manager CC: Stan Sawa r 559 SOUTH PALM CANYON DRIVE PALM SPRINGS. CALIFORNIA 92262 (619) 325-8171 ROBERT S. RITCHEY AIA ARCHITECTURE • PLANNING INTERIOR DESIGN 3 Z C TIIly F E B 4 1985 ENVIRONMENTAL SERVICES February 4, 1985 CITY OF PALM DESERT Stan Sawa Planninq Department City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 RE: Commercial / Retail Development n intersection of Monterey and Country Club Drive. Dear Mr. Sawa: In conversation Sandy Yavitz of the Carver Development, we discovered that an additional 30" in height to our back prooerty- line wall has been proposed to alleviate the problem of excess noise from the commercial proiect. However, we feel that the additional height would detract from the aesthetics of the existing wall and, consequently, would lower the ultimate value of our property. An alternate agreement with the C arver Developers has been reached, and essentially states that they will furnish additional trees with irrigation along our back property line. This solution has also been agreed to by the owners of Lot 13 in the Sagewood Homes, as is evidence by the photocopy of the enclosed letter. cere y, Robert S. RA hey Lot 14, Sagewood Homes 45-120 San Pablo Suite 2D • Palm Desert,California 92260 • (619) 340-2496 (C{Y. (rr G r �a 5- O c _ YGraL,'--jai=.aZ n T - :2: LLB a w c—� - _GZ vivLr' Lr OFFICIAL SEAL PATRICIA A YOUNG = NOTARY PUBLIC-CALIFORNIA r PRINCIPAL OFFICE IN l05 ANGELES COUNTY . E.GXNISSION EXPIRES APR 22,1988 p "rIToN UPII(cIIIIVTD FEB 4 1985 ENVIRONMENTAL SERVICES CITY OF PALM DESERT 4 h 1 k I b JOHN HILLIARD AND ASSOCIATES ACOUSTICAL AND ENERGY CONSULTANTS (71<)832 6052 January 16 , 1985 _ AL Mr. Jim Grant 'F Grant General Contractors 505 Avenida Encinas P.O. Box 979 Carlsbad , CA 92008-0174 Subject : Submittal of Acoustical Analysis Project Number 85/016for Plaza De Monterey. Dear Mr. Grant : Attached Please Find : 6 copies of subject- report with full calculations to submit to the City of Palm Desert Please have cityofficials contact Rick Colia at (714) 832-6052 for � clarification/questions. All information and calculations contained herein are true and correct to the best of my knowledge , and the project is designed to meet existing acoustical requirements as determined by the City of Palm Desert . Richard Cnrlia Senior Engineer I also certify that I am a Registered Engineer in the State of California, and a Regular Member of the Ins of Noise Control Engineering. QE' e SS10pk k John K. liard , . P l3 or CA0�� PACKER'S SQUARE MEMBER. NATIONAL COUNCIL OF ACOUSTICAL CONSULTANTS 13132 NEWPORT AVE..SUITE 105 INSTITUTE OF NOISE CONTROL ENGINEERING TUSTIN.CA 92680 r JOHN HILLIARD AND ASSOCIATES 85/016 ACOUSTICAL AND ENERGY CONSULTANTS p 141 832 6052 January 16 , 1985 Ms . Sandy Yavitz Carver Companies 559 So. Palm Canyon Drive Palm Springs , CA Subject : Acoustical Evaluation of Plaza De Monterey in Palm Desert . Dear Ms. Yavitz : At the request of Jim Grant , we have prepared an evaluation of the potential noise levels generated by activities from the proposed Plaza De Monterey in Palm Desert . The purpose of this evaluation was to reduce any noise impacts generated by the project to less than 70 dBA peak level at outdoor areas of adjacent single family residences along the south project property line . This evaluation was also made to qualify noise impact in terms of Community Noise Equivalent Level ( CNEL) , and to determine the noise impacts to adjacent residences with the existing 6 foot block wall along the south property .line . Applicable Criteria Per Planning Commission Resolution No. 986 , the Conditions of Approval Case No. DP 01-82 ( Amendment B1 ) for the project concerning noise are as follows : Major truck delivers and trash pick-up for Market to be only between 8 :00 a.m. to 9 :00 p.m. , Monday through Friday only. Project to be redesigned so that outdoor noise levels do not exceed 70 dBA and indoor levels do not exceed 45 CNEL, as measured at the residential units to the south, with applicant to submit verified data by qualified noise engineer ; revised plan to be reviewed by the planning commission prior to submission of final construction drawings . PACKER'S SQUARE MEMBER: NATIONAL COUNCIL OF ACOUSTICAL CONSULTANTS 13132 NEWPORT AVE.,SUITE 105 INSTITUTE OF NOISE CONTROL ENGINEERING C TUSTIN,CA 92680 f } 4 Carver Companies Page 2 85/016 CNEL Evaluation The CNEL impact on the project site was derived from the following information provided by Lucky Market representatives : Heavy truck deliveries will be made according to the following schedule : Average Mon - Fri 6/Day Sat 4/Day Sun None It was assumed as a worst case situation that 4 deliveries will be made from 8am to 7pm (day periods) and no more than 2 from 7pm to 9Pm (evening period) . Lucky trucks will be 1974 or newer, so that the peak ( Lmax) value used is 83 dBA at a distance of 50 feet traveling at 25 MPH. The CNEL calculation was made by means of the following equation : CNEL = 10 log ( {4x10SEL/ 10 + 3 . 16 x 2 x 10SEL/101 86400 } Where : SEL = Single Event Level = 87.9 dBA 4 = Number of events in the day 2 = Number of events in the evening 3 . 16 = Weighting factor for the evening period 86400 = Number of seconds in one day The result is a CNEL impact of 50.5 dB. This value is very low. Title 25 of the California Administrative Code requires that project be acoustically evaluated only if the CNEL impact is greater than 60 dB. The calculated value of 50.5 is significantly below the CNEL standard . In fact , the CNEL value , about 10 dB below the 60 dB CNEL standard would be perceived as about one-half as loud as 60 dB to nearby residents . Vehicular Noise From the California Vehicle Code , 1983 : "Page 438, Par. 23130 .5 - Vehicular Noise Limits : 35 MPH or less Speed Zone . t C Carver Companies Page 3 85/016 ( 1 ) Any motor vehicle with a manufacturers gross vehicle weight rating of 6 ,000 pounds or more and any combination of vehicles towed by such motor vehicle . . . . 82 dBA, based upon limits at 50 feet from center of the lane of travel . " As a worst case condition , the oldest Lucky diesel trucks were used in the analysis. Lucky representatives have indicated that only 1974 and newe is market . At a distancer trucks would b o£ 50 feet , thepeake d for deliveries to h noise level associated with these trucks would be 83 dBA. Using the grading and site plans, the distances from the residences to the truck avenues were determined . Using this information and a noise drop-off rate of 6 dB per doubling of distance from the noise source (standard for a point source) , the projected noise level at each lot was determined (see Table 1 ) . The values showed in Table 1 are unshielded and have not taken into account the existing 6 foot masonry wall at the south property line of the project . Table 1 Unshielded Projected Noise Level Lot Distance , Feet Noise Level, dBA 12 110 76 . 2 13 6o 81 .4 6o 81 .4 14 135 74 . 4 15 80 78. 9 16 6o 81 . 4 17 60 81 .4 18 6o 81 . 4 19 20 6o 81 . 4 21 70 8078 . 9 38 70 80 39 6o 81 .4 40 100 77 41 160 72 .9 42 235 69 . 6 Figure 2 shows the proposed truck entry Routes for the east and west sides of the market . These routes were envisioned to determine the closest point of approach trucks would make to each of the sensitive residential lots. These distances, shown in Table 1 , were used to calculate the unshielded impact to each lot . Y qk� F 1 I Carver Companies Page 4 85/016 Shielding With Existing Wall As a general rule , any wall over 6 feet high has to be designed and engineered to consider footings and wind loads. The existing wall on the south property line has not been so engineered and therefore , is restricted to the present height . To meet a higher wall requirement , the existing wall would become obsolete and would have to be removed at the lot locations higher than 70 dBA. In addition , the wall height would be relative to the project ' s grade . Because the residential lots to the south are 3 to 5 feet below the project grade , the effective wall height would be 8 to 12 feet facing the residences. Because this proposed wall height would be aesthetically unpleasant to the adjacent residences , the noise attenuation of the existing 6 foot wall was calculated so that all options are considered . Using the pad , road and wall elevations, the break line-of-sight was determined . Trucks have a source height 8 feet above ground and observers were positioned 5 feet above pad grade ( see Figure 3 ) • Table 2 shows the barrier calculation worksheet for Lots 12 through 21 and 37 through 42 . The last column on the right shows the shielded noise levels with the existing wall in place . The results show that Lots 12 , 15-21 , 37 and 38 have shielded peak less than 70 dBA with the existing six foot block wall in place . The other lots have mitigated noise levels that are higher than 70 dBA. These lots are shown in Table 3 below. Table 3 Mitigated Noise Levels Higher than 70 dBA Lot Shielded Noise Levels, dB 13 75 .9 14 74 . 6 39 72.9 I a I , r Carver Companies Page 5 85/016 Mitigation Measures The barriers along the north property of these lots were increased to provide acoustical shielding. By breaking the line-of-sight between an observer and a noise source about 5 decibels of noise reduction can be expected . If the wall height is increased by one foot , an additional 1 .5 to 2 dB of noise reduction will occur. Using this principle , the wall heights necessary to meet the planning commissions criteria of 70 dBA was determined . Table 4 shows the barrier calculation for the three lots to increase the noise reduction of the barrier. The results shows that an approximate 8 .5 - 9 foot wall, ( relative to project elevations) will shield Lots 13 and 14 to less than 70 dBA. For Lots 38 and 39, a 7 .5 foot wall will be required . The 8 foot high sound wall at the southerly side of loading ramps E and F, as shown on the plans, should be maintained . Results Shown on the next page is Table 5 with the barrier requirements for each lot . For each lot , the top of wall ( TOW) elevation , attenuation from the barrier ( ATTEN) wall height relative to the residential pad grades (WALL HT) and resulting shielded noise levels are indicated . The table reveals that with the TOW elevations indicated , the noise criteria of 70 dBA can be achieved at each of the adjacent lots. For Lots 12 , 15-21 , 37 and 40-42, the existing 6 foot block wall will be sufficient to meet the noise standard . For Lots 13 and 14 , a wall about 8.5 to 9 feet in height will be required relative lanel to the 5 foot elevation of the project . For Lots 38 and 39 , an approximate wall will be required (project elevation) . Figure 4 shows the recommended locations for the increased wall heights for Lots 13, 14 , 38 and 39 . If you have any questions, please do not hesitate to call me . Sincerel ichard ol4� Senior Engineer RC:ksj t t' Table 2 SOUND BARRIER CALCULATION WORKSHEET CLIENT PROJECT DATE LOT/ ROAD PAD DSLE SORC OBS OBS- BLOS TOB ATTN ULEV SLEV TOTAL SORC ELEV ELEV ELEV ELEV BARR ELEV ELEV (dB) DIST ----------------------------------------------------------- 12 23. 0 20. 3 110. 31. 0 25. 3 30. 0 26. 8 28. 5 7. 3 76. 2 68. 9 13 22. 7 20. 3 60. 0 30. 7 25. 3 30. 0 28. 0 28. 5 5. 5 81. 4 75. 9 14 22. 5 20. 2 60. 0 30. 5 25. 2 30. 0 27. 8 29. 0 6. 8 81. 4 74. 6 15 22. 5 19. 5 135. 30. 5 24. 5 30. 0 25. 8 29. 0 10. 0 74. 4 64. 4 16 22. 5 19. 2 80. 0 30. 5 24. 2 35. 0 27. 0 30. 0 10. 3 78. 9 68. 6 17 24. 0 19. 0 60. 0 32. 0 24. 0 15. 0 26. 0 30. 0 13. 8 81. 4 67. 6 18 23. 5 18. 8 60. 0 31. 5 23. 8 15. 0 25. 7 30. 0 14. 3 81. 4 67. 1 19 23. 0 18. 6 60. 0 31. 0 23. 6 15. 0 25. 4 30. 0 14. 7 81. 4 66. 6 20 23. 0 18. 3 60. 0 31. 0 23. 3 15. 0 25. 2 29. 6 14. 4 81. 4 67. 0 21 23. 0 18. 1 70. 0 . 31. 0 23. 1 15. 0 24. 8 29. 6 15. 0 80. 0 65. 0 37 21. 1 15. 3 80. 0 29. 1 20. 3 25. 0 23. 0 27. 0 12. 3 78. 9 66. 6 38 21. 0 15. 6 70. 0 29. 0 20. 6 20. 0 23. 0 26. 0 11. 1 80. 0 68. 9 39 , 20. 0 15. 8 60. 0 28. 0 20. 8 20. 0 23. 2 25. 0 8. 5 81. 4 72. 9 40 18. 4 16. 1 100. 26. 4 21. 1 20. 0 22.2 24. 5 9. 4 77. 0 67. 6 41 17. 0 16. 5 160. 25. 0 21. 5 20. 0 21. 9 23. 5 7. 5 72. 9 65. 4 42 16. 0 16. 9 235. 24. 0 21. 9 20. 0 22. 1 23. 5 7. 1 69. 6 62. 5 i F Table 4 SOUND BARRIER CALCULATION WORKSHEET CLIENT PROJECT DATE LOT/ ROAD PAD DSLE SORC OBS OBS- BLOS TUB ATTN ULEV SLEV TOTAL SORC ELEV ELEV ELEV ELEV BARR ELEV ELEV (dB) DIST ------------------------------------------------------- 13 22. 7 20. 3 60. 0 30. 7 25. 3 30. 0 28. 0 31. 5 12. 0 81. 4 69. 4 14 22. 5 20. 2 60. 0 30. 5 25. 2 30. 0 27. 8 31. 5 12. 3 81. 4 69. 1 39 20. 5 15. 8 60. 0 28. 5 20. 8 20. 0 23. 4 26. 5 11. 6 81. 4 69. 8 E s i t Table 5 RECOMMENDED BARRIER HEIGHTS TOW Atten , Wall Ht. Mitigated Lot Elev dB Per Pad Grade Noise Level, dBA 12 28 . 5 12 8. 2 ' 68.9 13 31 .5 12 11 .2 ' 69 . 4 14 31 .5 12. 3 11 . 3 69. 1 15 29 10 9 . 5 64 . 4 16 30 10 . 3 10 .8 68. 6 17 30 13 .8 11 67 . 6 18 30 14 . 3 11 . 2 67 . 1 19 30 14 .7 11 .4 66 . 6 20 29 . 6 14 .4 11 . 3 67 21 29. 6 15 11 .5 65 37 27 12. 3 11 .7 66. 6 38 26 .5 12 11 68 39 26 .5 11 .5 10 .7 69 . 8 40 24 .5 9. 4 8 . 4 67 . 6 41 23 .5 7 .5 7 65 .4 42 23 . 5 7 . 1 6 .6 62.5 �- I -75 � -k a otsrnr s..N.aos. I RANCO d LCNe �/• YLO V. MIRAGE ---- -------" --I cones[ ,� .�.ad_«•.ZOUM17TR'I _ _tl 1`� I Wms,m,x 1 •.x I — -- — ci..c:" .�;�"=, ' ... �-M 1 3dg k ''y&.S � 11 '� on„Me,;�',.t••sd, ale ; � ; I � •10 ♦5 . sbvlibs�.e` ��. tb al'�. �k !y2gy�ll_" qN� `wnew+a cttV l ' rtB i Fj M1 o<_ y/rrN7.ue��4.1l_�:._„� 91sxca.� > �— __ ej�i+ Figure 1 : Site Location Map F• t yl•v . 1.0 31 �"' 7 tl,�' �.y�,.lab v�iaao7'*.`'0:6 i � 3�i ' � i,,.,�,,.; � i l S31YI70SSY • DNI133 '1 >tYNe38• �: ° _ } •. f IL r—sue v ♦ \/ i y .. 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') l (( c'IF/��((ih�:`fir^^ je i •r • ii GLOSSARY ELEV = Elevation DSLE = Distance to Single Lane Equivalent SORC = Source (such as truck or auto) OBS = Observer (Gerson to be shielded - 5' ave. ) OBS-BARR DIST. = Distance from observer to barrier• BLOS = Break Line-of-Sight Elevation ATFN = Attenuation (calculated noise reduction) ULEV = Unshielded Noise Level SLEV = Shielded Noise Level TOTAL = Overall Combined Shielded Noise Level WALL HT. = Wall height in feet relative to pad elevation H, HT = Heavy Trucks M, MT = Medium Trucks A = Autos RDT = Average Daily Traffic (Vehicles per Day) SLE - Single Lane Equivalent CNEL = Community Noise Equivalent Level Leq = Equivalent Sound Level dB - Decibels dBA = Decibels measured on the A-weighting scale STC = Sound Transmission Class IIC = Impact Insulation Class Hz - Hertz, Cycles per Second SSB = Standard Single Strenght Glazing, DSB = Double Strenght Glazing, 1/B" TL = Transmission Loss SGD = Sliding Glass Door SC = Solid Core Door SLM = Sound Level Meter Lmax = Maximum Noise Level atsoc with a single event i Noise Pollution 150 Short exposure can cause hearing loss 140 Jet plane takeoff 130 Artillery fire Machine gun Riveting Deafening 120 Siren at 100 ft. Threshold of pain Jet plane (passenger ramp) Thunder-Sonic boom 110 Woodworking shop Threshold of discomfort Accelerating motorcycle Hard rock band 100 Subway steel wheels Loud street. noise Power lawnmower Outboard motor Very loud 90 Truck unmuffled Train whistle Kitchen blender Pneumatic jackhammer 80 Printing press Intolerable for phone use Subway (rubber wheels) Noisy office Average factory Loud 70 Average street noise Quiet typewriter Average radio 60 Noisy home Average office Normal conversation Moderate 50 General office Quiet radio Average home Quiet street 40 Private office Quiet home Faint 30 Quiet conversation Broadcast studio 20 Empty auditorium Whisper 10 Rustling leaves Very faint Sound proof room Human breathing 0 db. Threshold of Audibilit ( 6 t I JOHN HILLIARD AND ASSOCIATES 85/037 ACOUSTICAL AND ENERGY CONSULTANTS (7 1 a)832-6052 ��(;:: � n January 28 , 1985 3 5 1925 ENVIRONMENTAL SERVICES Ms . Sandy Yavitz CITY. OF. PALM DESERT. Carver Companies 559 So. Palm Canyon Drive Palm Springs , CA Subject : Addendum to Acoustical Analysis for tt;e Plaza De Monterey in Palm Desert . Dear Ms. Yavitz : In reference to report #85-016 , dated January 16 , 1985 , we are providing the following additional information. The planning commission conditions of approval state. that indoor noise levels do not exceed 45 CNEL. The outdoor CNEL impact at the closest building is 50 .5 dB CNEL. On those occasions when windows are open in typical aluminum sliders , 12 decibels of noise reduction (quieting) can be expected . The resulting interior noise levels are calculated to be 38. 5 dB CNEL. This value is below the 45 dB CNEL standard and conforms to the requirements of the conditions of approval. Please call if you have any questions. Sincerely, Richa Colia Senior Engineer RC :ksj PACKER'S SQUARE MEMBER: NATIONAL COUNCIL OF ACOUSTICAL CONSULTANTS 13132 NEWPORT AVE-SUITE 105 INSTITUTE OF NOISE CONTROL ENGINEERING TUSTIN,CA 92680 i II E FOR. CITY OF PALM DESERT. BK 620 ? 61 ... .}%YP b'L _ —. ...—...—...—.__.._+_._ E.. ? 7 8 uri o� vac.a oescer u.ulr_ m iaz } c e.66 f 55 1 50 I19) l09 v ar9 5L.6 qBi 92 ti- �', 7 w {F!f{1 4/ 4 „ exrosG7 a5 0 40 €; /6 ILL9 •f // I yl¢WI L?• p I b. ¢31 030 43 T 0 !! P L o G V 5 a 2 1 T 38 c ! � iocs 44 F b O 0 {4 0: W c UJ W .✓Bc.ce'>'-,� .ter... 45 /4 3r t a O Brsn sore 1 ¢ L� � ,en en a g sL >e a r >a a.•> 1� ,•"�. .\ T ' 3 03I T II >s�„ a ® ¢ H O /3 /9 :4 , /° 20 vs a al c /6 „ '-(• <..,... 9sK - e —SfL#FREE e S L /z i ee, �, o } 2 a 3 // �re� yc ,yo.ac , » ,�. /:/ac .9 a U �' .s I e c r 032 0 30\ ' o sc j 4s m W ei 82 �O eB v Or ho �V On aos ° ren BO \' - _ O are mnxa nn.no. .30 IBJ 4 oO M^ < i3 - o �i 30 i 30 I ,53 sF 04 I M.B/04//9-23 Trocl A'a.11,79/ ASSESSORS MAP SK.622 PG.03. I � RIVERSIDE COUNTY, CALIF. RG ✓ULY,80 JOHN HILLIARD AND ASSOCIATES ACOUSTICAL AND ENERGY CONSULTANTS (714)832 6052 January 16, 1985 J.AN 17 1985 ENVIRONMENTAL SERVICES Mr. Jim Grant CITY OF PALM DESERT Grant General Contractors 505 Avenida Encinas P.O. Box 979 Carlsbad , CA 92008-0174 Subject : Submittal of Acoustical Analysis Project Number 85/016for Plaza De Monterey. Dear Mr. Grant : Attached Please Find : 6 copies of subject report with full calculations to submit to the City of Palm Desert Please have city officials contact Rick Colia at (714 ) 832-6052 for clarification/questions. All information and calculations contained herein are true and correct to the best of my knowledge , and the project is designed to meet existing acoustical requirements as determined by the City of Palm Desert . Richard Senior Engineer I also certify that I am a Registered Engineer in the State of California , and a Regular Member of the Ins e of Noise Control Engineering. QapFESS10'V'Z 6 eI>li �y� .` �y'P • 't90 y k John K. 11ard , P 3 •� eECTR�6'�'i�P . e4 0 CALNFOR PACKER'S SQUARE MEMBER.NATIONAL COUNCIL OF ACOUSTICAL CONSULTANTS 13132 NEWPORT AVE.,SUITE 105 INSTITUTE OF NOISE CONTROL ENGINEERING TUSTIN,CA 92680 JOHN HILLIARD AND ASSOCIATES 85/016 ACOUSTICAL AND ENERGY CONSULTANTS (710)832-6052 January 16, 1985 Ms. Sandy Yavitz Carver Companies 559 So. Palm Canyon Drive Palm Springs , CA Subject : Acoustical Evaluation of Plaza De Monterey in Palm Desert . Dear Ms. Yavitz : At the request of Jim Grant , we have prepared an evaluation of the potential noise levels generated by activities from the proposed Plaza De Monterey in Palm Desert. The purpose of this evaluation was to reduce any noise impacts generated by the project to less than 70 dBA peak level at outdoor areas of adjacent single family residences along the south project property line . This evaluation was also made to qualify noise impact in terms of Community Noise Equivalent Level ( CNEL) , and to determine the noise impacts to adjacent residences with the existing 6 foot block wall along the south property .line . Applicable Criteria Per Planning Commission Resolution No. 986 , the Conditions of Approval Case No. DP 01-82 ( Amendment 111 ) for the project concerning noise are as follows : Major truck delivers and trash pick-up for Market to be only between 8 :00 a.m. to 9 :00 p .m. , Monday through Friday only. Project to be redesigned so that outdoor noise levels do not exceed 70 dBA and indoor levels do not exceed 45 CNEL, as measured at the residential units to the south, with applicant to submit verified data by qualified noise engineer; revised plan to be reviewed by the planning commission prior to submission of final construction drawings. PACKER'S SQUARE MEMBER:NATIONAL COUNCIL OF ACOUSTICAL CONSULTANTS 13132 NEWPORT AVE.,SUITE 105 INSTITUTE OF NOISE CONTROL ENGINEERING TUSTIN,CA 92680 Carver Companies Page 2 85/016 CNEL Evaluation The CNEL impact on the project site was derived from the following information provided by Lucky Market representatives : Heavy truck deliveries will be made according to the following schedule : Average Mon - Fri 6/Day Sat 4/Day Sun None It was assumed as a worst case situation that 4 deliveries will be made from 8am to 7pm (day periods) and no more than 2 from 7pm to 9pm (evening period) . Lucky trucks will be 1974 or newer, so that the peak ( Lmax) value used is 83 dBA at a distance of 50 feet traveling at 25 MPH. The CNEL calculation was made by means of the following equation :. CNEL = 10 log { {4x,OSEL/ 10 + 3 . 16 x 2 x 10SEL/10 } 86400 Where : SEL = Single Event Level = 87.9 dBA 4 = Number of events in the day 2 = Number of events in the evening 3 . 16 = Weighting factor for the evening period 86400 = Number of seconds in one day The result is a CNEL impact of 50.5 dB. This value is very low. Title 25 of the California Administrative Code requires that project be acoustically evaluated only if the CNEL impact is greater than 60 dB. The calculated value of50 .5 is significantly below the CNEL standard . In fact , the CNEL value , about 10 dB below the 60 dB CNEL standard would be perceived as about one-half as loud as 60 dB to nearby residents . Vehicular Noise From the California Vehicle Code , 1983 : "Page 438, Par. 23130 . 5 - Vehicular Noise Limits : 35 MPH or less Speed Zone . Carver Companies Page 3 85/016 ( 1 ) Any motor vehicle with a manufacturers gross vehicle weight rating of 6 ,000 pounds or more and any combination of vehicles towed by such motor vehicle . . . .82 dBA, based upon limits at 50 feet from center of the lane of travel . " As a worst case condition , the oldest Lucky diesel trucks were used in the analysis. Lucky representatives have indicated that only 1974 and newer trucks would be used for deliveries to this market . At a distance of 50 feet , the peak noise level associated with these trucks would be 83 dBA. Using the grading and site plans , the distances from the residences to the truck avenues were determined . Using this information and a noise drop-off rate of 6 dB per doubling of distance from the noise source ( standard for a point source) , the projected noise level at each lot was determined ( see Table 1 ) . The values showed in Table 1 are unshielded and have not taken into account the existing 6 foot masonry wall at the south property line of the project . Table 1 Unshielded Projected Noise Level Lot Distance, Feet Noise Level, dBA 12 110 76 . 2 13 60 81 .4 14 60 81 . 4 15 135 74 . 4 16 80 78.9 17 60 81 . 4 18 60 81 .4 19 60 81 . 4 20 60 81 .4 21 70 80 37 80 7788.9 39 60 81 .4 40 100 77 41 160 72. 9 42 235 69 . 6 Figure 2 shows the proposed truck entry Routes for the east and west sides of the market . These routes were envisioned to determine the closest point of approach trucks would make to each of the sensitive residential lots. These distances, shown in Table 1 , were used to calculate the unshielded impact to each lot . Carver Companies Page 4 85/016 Shielding With Existing Wall As a general rule , any wall over 6 feet high has to be designed and engineered to consider footings and wind loads . The existing wall on the south property line has not been so engineered and therefore , is restricted to the present height . To meet a higher wall requirement , the existing wall would become obsolete and would have to be removed at the lot locations higher than 70 dBA. In addition, the wall height would be relative to the project Is grade. Because the residential lots to the south are 3 to 5 feet below the project grade , the effective wall height would be 8 to 12 feet facing the residences. Because this proposed wall height would be aesthetically unpleasant to the adjacent residences , the noise attenuation of the existing 6 foot wall was calculated so that all options are considered . Using the pad , road and wall elevations, the break line-of-sight was determined . Trucks have a source height 8 feet above ground and observers were positioned 5 feet above pad grade ( see Figure 3) . Table 2 shows the barrier calculation worksheet for Lots 12 through 21 and 37 through 42 . The last column on the right shows the shielded noise levels with the existing wall in place . The results show that Lots 12 , 15-21 , 37 and 38 have shielded peak less than 70 dBA with the existing six foot block wall in place . The other lots have mitigated noise levels that are higher than 70 dBA. These lots are shown in Table 3 below. Table 3 Mitigated Noise Levels Higher than 70 dBA Lot Shielded Noise Levels, dB 13 75.9 14 74 . 6 39 72 .9 Carver Companies Page 5 85/016 Mitigation Measures The barriers along the north property of these lots were increased to provide acoustical shielding. By breaking the line-of-sight between an observer and a noise source about 5 decibels of noise reduction can be expected . If the wall height is increased by one foot , an additional 1 .5 to 2 dB of noise reduction will occur. Using this principle , the wall heights necessary to meet the planning commissions criteria of 70 dBA was determined . Table 4 shows the barrier calculation for the three lots to increase the noise reduction of the barrier. The results shows that an approximate 8 .5 - 9 foot wall, ( relative to project elevations) will shield Lots 13 and 14 to less than 70 dBA. For Lots 38 and 39, a 7 .5 foot wall will be required . The 8 foot high sound wall at the southerly side of loading ramps E and F, as shown on the plans, should be maintained . Results Shown on the next page is Table 5 with the barrier requirements for each lot . For each lot , the top of wall ( TOW) elevation , attenuation from the barrier ( ATTEN) wall height relative to the residential pad grades (WALL HT) and resulting shielded noise levels are indicated . The table reveals that with the TOW elevations indicated , the noise criteria of 70 dBA can be achieved at each of the adjacent lots. For Lots 12 , 15-21 , 37 and 40-42, the existing 6 foot block wall will be sufficient to meet the noise standard . For Lots 13 and 14 , a wall about 8. 5 to 9 feet in height will be required relative to the elevation of the project . For Lots 38 and 39, an approximate 7 .5 foot wall will be required (project elevation) . Figure 4 shows the recommended locations for the increased wall heights for Lots 13, 14 , 38 and 39 . If you have any questions, please do not hesitate to call me . Sincerel ichard olia Senior Engineer RC :ksj Table 2 SOUND BARRIER CALCULATION WORKSHEET CLIENT PROJECT DATE LOT/ ROAD PAD DSLE SORC OBS OBS- BLOS TDB ATTN ULEV SLEV TOTAL SORC ELEV ELEV ELEV ELEV BARR ELEV ELEV (dB) DIST ----------------------------------------------------------------------- 12 23. 0 20. 3 110. 31. 0 25. 3 30. 0 26. 8 28. 5 7. 3 76. 2 68. 9 13 22. 7 20. 3 60. 0 30. 7 25. 3 30. 0 28. 0 28. 5 5. 5 81. 4 75. 9 14 22. 5 20. 2 60. 0 30. 5 25. 2 30. 0 27. 8 29. 0 6. 8 81. 4 74. 6 15 22. 5 19. 5 135. 30. 5 24. 5 30. 0 25. 8 29. 0 10. 0 74. 4 64. 4 16 22. 5 19. 2 80. 0 30. 5 24. 2 35. 0 27.0 30. 0 10. 3 78. 9 68. 6 17 24. 0 19. 0 60. 0 32. 0 24. 0 15. 0 26. 0 30. 0 13. 8 81. 4 67. 6 18 23. 5 18. 8 60. 0 31. 5 23. 8 15. 0 25. 7 30. 0 14. 3 81. 4 67. 1 19 23. 0 18. 6 60. 0 31. 0 23. 6 15. 0 25. 4 30. 0 14. 7 81. 4 66. 6 20 23. 0 18. 3 60. 0 31. 0 23. 3 15. 0 25. 2 29. 6 14. 4 81. 4 67. 0 21 23. 0 18. 1 70. 0 31. 0 23. 1 15. 0 24. 8 29. 6 15. 0 80. 0 65. 0 37 21. 1 15. 3 80. 0 29. 1 20. 3 25. 0 23. 0 27. 0 12. 3 78. 9 66. 6 �- 38 21. 0 15. 6 70. 0 29. 0 20. 6 20. 0 23. 0 26. 0 11. 1 80. 0 68. 9 39 20. 0 15. 8 60. 0 28. 0 20. 8 20. 0 23. 2 25. 0 8. 5 81. 4 72. 9 40 18. 4 16. 1 100. 26. 4 21. 1 20. 0 22. 2 24. 5 9. 4 77. 0 67. 6 41 17. 0 16. 5 160. 25. 0 21. 5 20. 0 21. 9 23. 5 7. 5 72. 9 65. 4 42 16. 0 16. 9 235. 24. 0 21. 9 20. 0 22. 1 23. 5 7. 1 69. 6 62. 5 Table 4 SOUND BARRIER CALCULATION WORKSHEET CLIENT PROJECT DATE LOT/ ROAD PAD DSLE SORC OBS OBS- BLOS TUB ATTN ULEV SLEV TOTAL SORC ELEV ELEV ELEV ELEV BARR ELEV ELEV (dB) DIST ----------------------------------------------------------------------- 13 22. 7 20. 3 60. 0 30. 7 25. 3 30. 0 28. 0 31. 5 12. 0 81. 4 69. 4 14 22. 5 20. 2 60. 0 30. 5 25. 2 30. 0 27. 8 31. 5 12. 3 61. 4 69. 1 39 20. 5 15. 8 60. 0 28. 5 20. 8 20. 0 23. 4 26. 5 11. 6 81. 4 69. 8 Table 5 RECOMMENDED BARRIER HEIGHTS TOW Atten, Wall Ht. Mitigated Lot Elev dB Per Pad Grade Noise Level, dBA 12 28 .5 12 8. 2 ' 68. 9 13 31 .5 12 11 .2 ' 69 . 4 14 31 .5 12. 3 11 . 3 69. 1 15 29 10 9 .5 64 . 4 16 30 10 . 3 10 .8 68. 6 17 30 13 . 8 11 67 . 6 18 30 14 .3 11 .2 67. 1 19 30 14 .7 11 . 4 66 . 6 20 29 . 6 14 . 4 11 . 3 67 21 29 . 6 15 11 .5 65 37 27 12. 3 11 .7 66 . 6 38 26 .5 12 11 68 39 26.5 11 . 5 10 .7 69 . 8 40 24 .5 9. 4 8. 4 67 . 6 41 23 .5 7 . 5 7 65 . 4 42 23.5 7 . 1 6. 6 62.5 ----------- -- -- I I RANUA, c rns v. coax ar it 1 MIRAGE NI I,crxna rx .....e'car..�.w —__—_�� _ i _____— I 'NA-jI _tl --DR- ._—+-- r.: .'• Flo gl � I ......, n ..�.� Cl. I I f sx _ 4i UMfis,x_ AFMP x ° I I "'b, etici::l[r°fv- ThnTR I 1 x x 6 ,,',,yvbat r I • I C'k us a.r is/t,�•�j �couxrw 1. �' "�v — — e i.— L Y c°u".A IQ. ♦ �f. 'w< �y3:/ tfwya;"'.'F� I� w,��l `"fn"'Ui�aUi aHvnren 1, i e e �r9• '� 'a�.nl�i. E m e� na� J courdr ,—a,srT C xexcw° an/' _j. _ 1 ] I "'+ :,,- ml�o• '1 Figure 1 : Site Location Map 1.a 3 1 1 H"a tl;Y.`. i.. N1iR. V7hA.G77.r%:.'a'.= r 'il``v`{ yy•; _�•' <- .. i s31Y17ossv 7 oNn39 '3 'MYN11311 "0d •'."lZV('*k)�04cf yyVA. l it 1 3�Y 3y -f its I 1�1' I � + - �` J �t \ � nip al � 1�F. � �s � .:a. •p d . . 3. c V 'v1U"' U % z7��iz � , , �I 9 l l 1 S f ^( � u ni ss�39n^7°-� 4 ° � � � J r (10P1 IFT3Alnass3 - S a13 IQ f l: l q x• 04 - it 1 I tip I, I ill i. , �` si. ;• ��r'L-. -� __ — i. �( j, .`, R . fs \� II gel .° ` a Ir-7 7 � }� I o• ..i � q } i L f( Figure 2 : Proposed Truck Route Entries 1 ; o <. — 1'� ! '( 1� • As �: Figure 3 : Cross-Section of Project and Wall Elevations �5 Slap � JV.� ,.''I;r y, 11pp. •1 ,.� r. 1"• 1 M y-•� sal R.• .•IiffAA r, b'' ;I �! rttPP ,r Yi r r !C.' ,�•,�r a,?�,%. _qy rr44...n My rd r! i;S♦C�, / i'i' � '\\\�v& ,i1q�' v T `R� I Taf.••r � ♦ JIm M. •it,\y r�� p� �] ze cyf' dy 4 :�I fff4�tj9�� '�� 6qp• i r ��,1 �lxt +i�.2!! akLYJRt9lk�ar •,�i• f '' , ,���t�{I'�} �+�t��� •O�,�t 4rlf�� .n�5 s4 . .. rT�L71�"&mAd Nlil n V 2?lt a MdZ �• •T,i "'5lY'Rk�. + l' ' 7 r+ ,[yB�Y.iIS�iV'(t �•,h 3e , t�'k4t y •F L.+ty i bilk! - ,p� :��� "'ff.. Ail. 'Or I''�t` I• � 7t7B'""Si �Y I l i. a / � _ r ;.I '4114 Af4knA tt'Ir!' •+ ��°� ,��y�.�y� N'i•''"; -F'��3'�Iir'p s1 _l�ly\. y.�H� F ' �,+�} t � �i� ii�57:•ra.. �Y �I„i�}tS• � �xt tt,k i.` +te'. -74�';'4pq��'I�y^���tf�,%�7'�?fi��^. :rr. v;. 'aY, dY •., 7vi �.R� :r ir` ',1,�•'z i}y 1I5 '� a�f"ti. .5 Y r •�'\� ,i'��i'� , ; d'-p�Si�iM �{��7 ii s ,t� fti A Iy«,�p.... •.I,.h:i ({I- � `tr . ; f7. � �,ii•r lyr�w,1r,yrpl'r`'Vb rax^8p „ RI '_ .'i71:�" • 'YRI "iJi �•tV{f•' n"tY9rM8"'�h'aF., ? i`1YEIY•J '.r,` •)'/.. 't•...,�s�jrtt�, I M-if t��'ttfii,l ....it{iijljkilif� � 1_t'• aq�sw "� .%. GI T, tlr 4'•I^P:�F �.Y � Ire r n ° ' � �L al5p:'� a •' .mr.,tW .w .•� 4� i- 1. r 11yy.4��yl�4t``el"� 1 • II II I 1 • • • 1 • • 1 1 GLOSSARY ELEV = Elevation DSLE = Distance to Single Lane Equivalent SORC = Source (such as truck or auto) OBS = Observer (person to be shielded - 5' ave. ) OBS-BARB DIST. = Distance from observer to barrier BLOS = Break Line-of-Sight Elevation ATrN = Attenuation (calculated noise reduction) ULEV = Unshielded Noise Level SLEV = Shielded Noise Level TOTAL = Overall Combined Shielded Noise Level WALL HT. = Wall height in feet relative to pad elevation H, HT = Heavy Trucks M, MT = Medium Trucks A = Autos ADT = Average Daily Traffic (Vehicles per Day) SLE - Single Lane Equivalent CNEL = Community Noise Equivalent Level Leq = Equivalent Sound Level dB = Decibels dBA = Decibels measured on the A-weighting scale STC = Sound Transmission Class IIC = Impact Insulation Class Hz = Hertz, Cycles per Second SSB = Standard Single Strenght Glazing, 1/16" DSB = Double Strenght Glazing, 1/8" TL = Transmission Loss SOD = Sliding Glass Door SC = Solid Core Door SLM = Sound Level Meter Lmax = Maximum Noise Level assoc with a single event Noise Pollution 150 Short exposure can cause hearing loss 140 Jet plane takeoff 130 Artillery fire Machine gun Riveting Deafening 120 Siren at 100 ft. Threshold of pain Jet plane (passenger ramp) Thunder-Sonic boom 110 Woodworking shop Threshold of discomfort Accelerating motorcycle Hard rock band 100 Subway steel wheels Loud street noise Power lawnmower Outboard motor Very loud 90 Truck unmuffled Train whistle Kitchen blender Pneumatic jackhammer 80 Printing press Intolerable for phone use Subway (rubber wheels) Noisy office Average factory Loud 70 Average street noise Quiet typewriter Average radio 60 Noisy home Average office Normal conversation Moderate 50 General office Quiet radio Average home Quiet street 40 Private office Quiet home Faint 30 Quiet conversation Broadcast studio 20 Empty auditorium Whisper 10 Rustling leaves Very faint Sound proof room Human breathing 0 db. Threshold of Audibility JOHN HILLIARD AND ASSOCIATES 85/037 ACOUSTICAL AND ENERGY CONSULTANTS p 1 al 832 6052 January 28, 1985 F=B 5 1985 ,ENVIRONMENTAL SERVICES Ms . Sandy Yavitz CITY OF. PALM DESERT. Carver Companies 559 So. Palm Canyon Drive Palm Springs , CA Subject : Addendum to Acoustical Analysis for the Plaza De Monterey in Palm Desert . Dear Ms. Yavitz : i In reference to report #85-016 , dated January 16 , 1985 , we are providing the following additional information. The planning commission conditions of approval state that indoor noise levels do not exceed 45 CNEL. The outdoor CNEL impact at the closest building is 50 .5 dB CNEL. On those occasions when windows are open in typical aluminum sliders , 12 decibels of noise reduction (quieting) can be expected . The resulting interior noise levels are calculated to be 38 . 5 dB CNEL. This value is below the 45 dB CNEL standard and conforms to the requirements of the conditions of approval . Please call if you have any questions. Sincerely, Riche C�a Senior Engineer RC :ksj PACKER'S SQUARE MEMBER: NATIONAL COUNCIL OF ACOUSTICAL CONSULTANTS 13132 NEWPORT AVE..SUITE 105 INSTITUTE OF NOISE CONTROL ENGINEERING TUSTIN,CA 92680 � VIS x E ' ROBERT S. RITCHEY AIA ` ARCHITECTURE • PLANNING • INTERIORDESIGN FEB 4 1985 ENVIRONMENTAL SERVICES February 4, 1985 CITY OF PALM DESERT Stan Sawa Planninq Department City of Palm Desert. 73510 Fred Waring Drive Palm Desert, CA 92260 RE: Commercial / Retail Development 9 intersection of Monterey and Country Club Drive. Dear Mr. Sawa: In conversation Sandy Yavitz of the Carver Development, we discovered that an additional 30" in height to our back property- line wall has been proposed to alleviate the-'.problem of excess noise from the commercial project. However, we feel that the additional height would detract from the aesthetics of the existing wall and, consequently, would lower the ultimate value of our property. An alternate iagreement with the Carver Developers has been reached, and essentially states that they will furnish additional trees with irrigation along our back property line. This solution has also been agreed to by the owners of Lot 13 in the Sacewocd Homes, as is evidence by the photocopy of the enclosed letter. cere y, Robert S. Rit hey Lot 14, Sagewood Homes 45-120 San Pablo Suite 2D • Palm Desert,California 92260 • (619)340-2496 ao ' �k a c l- w �— OFFICIAL SEAL PATRICIA A YOUNG- - t 1 NOTARY PUBLIC-CALIFORNIA - ,��-� PRINCIPAL OFFICE IN - �- LOS ANGELES COUNTY MY COMMISSION EXPIRES APR 22,1988 7 - Ir - 77 ::-- - TIToN- 3126j,(cIB IV FEB 4 1985 ENVIRONMENTAL SERVICES CITY OF PALM DESERT �M EN'jIRONMET4 AL OF PALM pEg\ERT a ohs% 8ti . — 3er 10 = 7�� it '///y 6 / 6 p � � �' i����a..a�'�-�B�/ r���eG��� �i'�i� J Cad-�c.�.�i�su j o�/ - m � t,2J �-2."CJ G�4/ lei✓ i i�° . 3����, � ��� � � o �,�///f n ',L53ti7��L-F��L .4���i�aG�"o f�AJ'/ ���Up��,n e U � V I /v � . � � �� � �'°�� � , 9a� 60 JOHN HILLIARD AND ASSOCIATES 8 5/0 3 7 ACOUSTICAL AND ENERGY CONSULTANTS (714)832-6052 a4L2� V "21 January 28, 1985 F E B 5 1985 Ms . Sand Yavitz ENVIRONMENTAL SERVICES Y CITY Of PALM DESERT, Carver Companies 559 So. Palm Canyon Drive Palm Springs , CA Subject : Addendum to Acoustical Analysis for the Plaza De Monterey in Palm Desert. Dear Ms. Yavitz : In reference to report #85-016, dated January 16 , 1985 , we are providing the following additional information. The planning commission conditions of approval state that indoor noise levels do not exceed 45 CNEL. The outdoor CNEL impact at the closest building is 50 .5 dB CNEL. On those occasions when windows are open in typical aluminum sliders , 12 decibels of noise reduction (quieting) can be expected . The resulting interior noise levels are calculated to be 38. 5 dB CNEL. This value is below the 45 dB CNEL standard and conforms to the requirements of the conditions of approval . Please call if you have any questions. Sincerely, WRichaiolia Senior Engineer RC :ksj PACKER'S SQUARE MEMBER: NATIONAL COUNCIL OF ACOUSTICAL CONSULTANTS 13132 NEWPORT AVE.,SUITE 105 INSTITUTE OF NOISE CONTROL ENGINEERING TUSTIN,CA 92680 �. . . . . .. (Ao PM 2-3J AN ati _ � t� -Ott, .� I: I AlPOST OFFICE BOX 1977,PALM DESERT,CALIFORNIA 92261 •J. - GJ -t` I -ti, Tsoo5,%Ewc�c \ fAuu_ 7 CA, Ala am v ou,�1 ` Vl I 'RIO 4 l . ... - .. - - '. . . - _ .`..-,c--_ �-.. �..mot-_,...v.-• .•e.�,.. .r.. _.�........;..�r..: ..��. .w-__ ✓... ..-. , .- ._ a- _ _ a... .n G�..._._. -eCl�.T+'ez rn - 0AV 1 ` ROBERT S. RITCHEY AIA J ARCHITECTURE • PLANNING • INTERIORDESIGN no rn 0(CTIIV D F E B 4 1985 ENVIRONMENTAL SERVICES February 4, 1985 CITY OF PALM DESERT Stan Sawa Planning Department City of Palm Desert_ 73510 Fred Waring Drive Palm Desert, CA 92260 RE: Commercial / Retail Development P intersection of Monterey and Country Club Drive. Dear Mr. Sawa: In conversation Sandy Yavitz of the Carver Development, we discovered that an additional 30" in-height to our-back property- line wall has been proposed to alleviate the:probl6m of`excess noise from the commercial proiect. However, we feel that the additional height would detract from the aesthetics of the existing wall and -consequently, would lower the ultimate value of our property. An 'alternate+agreement"with the,Carver Developers has been reached, and essentially states that they will furnish additional trees with irrigation along our back property line. This solution has also been agreed to by the owners of Lot 13 in the Sagewood Homes, as is evidence by the photocopy of the enclosed letter. cere y, Robert S. RiL hey Lot 14, Sagewood Homes 45-120 San Pablo Suite 2D • Palm Desert,California 92260 • (619)340-2496 - --_= _ - -_ - _-__s== _- • - �i_ as-41- 17 .� � /per �- �- / /�{/�j��` ✓��J�;�= �^ ��.{{//���'�- _ 1 1 __(�i(�C•(�x-- '-hl--t Zr�_ ���n CYI/ '1ti= e��. ic-C`�")'>'L—Q.--' 1 OFFICIAL SEAL - -~� PATRICIA A'_YOUNG =1 _j a., 5 6 NOTARY PUBLIC-CALIFORNIA µ [j _ - 4-- PRINCIPAL OFFICE INi LOS ANGELIS COUNTY= - Ly'� NY COMMISSION EXPIRES APR 22,1980 'rrroos F E B 4 1985 ENVIRONMENTAL SERVICES CITY OF PALM DESERT 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 January 22, 1985 LIMITED NOTICE OF PLANNING COMMISSION REVIEW Dear Property Owner: This is to notify you that the planning commission will review the noise study and plan ; required to allow the construction of a shopping center at the southeast corner of Country Club Drive and Monterey Avenue by Carver Management Corporation. The condition requiring this review is as follows: Project to be redesigned so that outdoor noise levels do not exceed 70 dBA and indoor levels do not exceed 45 CNEL, as measured at the residential units to the south, with applicant to submit verified data by qualified noise engineer; revised plan to be reviewed by the planning commission prior to submission of final construction drawings. You are being notified because your lot is adjacent to the center and included in the noise study. A copy of the study is available for review in the department of environmental services, 73-510 Fred Waring Drive. The meeting will be held. on Tuesday, February 5, 1985, at 7:00 p.m. in the council chamber, Palm Desert Civic Center, 73-510 Fred Waring Drive. Feel free to attend or communicate by letter. RAMON A. DIAZ, SECRETARY PALM DESERT PLANNING COMMISSION RAD/tm S 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 January 22, 1985 LIMITED NOTICE OF PLANNING COMMISSION REVIEW Dear Property Owner: This is to notify you that the planning commission will review the noise study and plan required to allow the construction of a shopping center at the southeast corner of Country Club Drive and Monterey Avenue by Carver Management Corporation. The condition requiring this review is as follows: Project to be redesigned so that outdoor noise levels do not exceed 70 dBA and indoor levels do not exceed 45 CNEL, as measured at the residential units to the south, with applicant to submit verified data by qualified noise engineer; revised plan to be reviewed by the planning commission prior to submission of final construction drawings. You are being notified because your lot is adjacent to the center and included in the noise study. A copy of the study is available for review in the department of environmental services, 73-510 Fred Waring Drive. The meeting will be held on Tuesday, February 5, 1985, at 7:00 p.m. in the council chamber, Palm Desert Civic Center, 73-510 Fred Waring Drive. Feel free to attend or communicate by letter. RAMON A. DIAZ, SECRETARY PALM DESERT PLANNING COMMISSION RAD/tm is (7v✓� 6�G- ` �RTHSvEST CORNER OF YO II= & PL vbCse .�1leVj- � Iy CCZJB DRIVE, PADM DESERT 622-020-001 2 03 - 1 \ - -I 2 1 l � g 3 CA 26 2 2 7 •Q J Palm Desert, CA 92260 i �J ` 622-030-004 v 622-%030-005 '*VAR4ee0 f�C- 1: IQ S Rowland F. Sweet Michael J. Titone •po Box lsq(o 40353 Sugarbush Court 7746 Danvers St. PAIjv. DC��r-: GA tiza.(�) Palm Desert, CA 92260 Downey, CA 90240 622-030-006 ` 622-030-007 622-030-008 Robert S. Ritchey William G. Henderson B. Ali Farzaneh 40349 Sugarbush Court 40347 Sugarbush Court 40345 Sugarbush Court Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 . 622=030=009 "- "— — -a-- •622=030-010 v 622-030-011 - Richard W. Cortese Arthur A. Wilkes #a . 40341 Sagewood Dr. 522 Tralee Circle 40333 Sagewood Dr. 5 Palm Desert, CA 92260 Delta BC Canada V4M 3R8 Palm Desert, CA 9226b 622-030-012 622-030-013 622-030-014 Denver T. Johnstone James M. Calucchia yam. PE-;WlINS - 40329 Sagewood Dr. P.O. Box 955 40049 Sagewood Dr. Palm Desert, CA 92260 Rancho Mirage, CA 92270 Palm Desert, CA 92260 ' 622-030-015 v 622-030-016 V 622-030-017 Samuel H. Hill Thomas E. Yeager Van G. Tanner l .....40045 Sagewood Dr. 40041 Sagewood Dr. y 40033 'Sagewood D)r. :.= - Palm Desert, CA 92260 Palm Desert, CA 92260 'Palm Desert, CA 92260 622-030-018 - 622-030-019 oW op Mariana P. Hutchins Mc3a9.1 Co. /+ooa 1 5 4lyEwc�a p� 40027 Sagewood Dr. P.O. Box 1056 - PAL^_ CA aya D Palm Desert, CA 92260 Alamo, CA 94507 A212- 2ri2l 62 31-0 62 -0 0024 -el, CA 91776 P e 22 0 : . CA fl 7 22-031-00 0 =004 22- 1- P , �A 60 CA 9 07 -- s ,�fA,92 0 YI 0 3 D' n309 P 25f� 45 Lafay to 4 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 9226O TELEPHONE (714) 346-0611 May 25, 1982 Mr. Roy W. Carver 110 West Las Tunas San Grabriel , California 91776 Subject: Appeal of Planning Commission Resolution No. 788, Case No. DP 01-82, ADJ 01-82 and 164 C Dear Mr. Carver: At its adjourned meeting of May 20, 1982, the Palm Desert City Council took the following action: By Minute Motion the City Council denied the appeal of certain conditions imposed by the City of Palm Desert Planning Commission in granting approval for development of Sagewood Shopping Center located at the southeast corner of Monterey Avenue and Country Club Drive. If you should have any questions regarding this matter, please feel free to contact me. Sincerely, ,, ; SHEILA R. GILLIGAN CITY CLERK SRG/dh vas !hC-V���'r�=/ 3 �pJ d �0�1 ci `5, ���\ - � � x ., �4 , , � f � \ `� C, s � � ,\ � t `�: - �� s �" C. ITy of ��. �T � ��. s. r. i i 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 February 24, 1984 Carver Management Corporation 559 So. Palm Canyon Drive Palm Springs, CA 92262 Attn: Sandra G. Yavitz Dear Sandra: Due to the approval of PM 18764 on 2-7-84, the expiration date of the associated development plan (DP 01-82,.'ADJ 01-82, 162-C) will be the same as the parcel map. The expiration date for--the project then is February 7, 1986. At that time the appropriate time extensions would be available. Yours truly, i AM A. Z DIRECTOR OF VIRONMENTAL SERVICES RAD/lcr 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: June 8, 1983 Carver Management Corp. 110 W. Las Tunas Drive San Gabriel, CA 91776 e: DP 01-8 J 01-82, 164 C - Time Extension The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of June 7, 1983. TIME EXTENSION APPROVED TO MAY 20, 1984 Any appeal of the above action may be made in writing to the director of environmental services, City of Palm Desert, within fifteen (15) days of the date of the decision. RAMON A. DIAZ, SECRIi64Y PLANNING COMMISSION RAD/lcr cc: File u MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - JUNE 7, 1983 7:00 P.M. - CITY HALL COUNCIL CHAMBERS A STUDY SESSION WAS HELD IN THE CITY MANAGER'S OFFICE PRIOR TO THE MEETING AT 5:00 P.M. L CALL TO ORDER Chairman Wood called the meeting to order at 7:00 p.m. IL, PLEDGE OF ALLEGIANCE - Commissioner Richards III.. ROLL CALL Members Present: Commissioner Crites Commissioner Downs Commissioner Kryder Commissioner Richards Chairman Wood Staff Present: Ramon Diaz Stan Sawa Steve Smith Phil Drell Phil Joy Linda Russell Barry McClellan IV., APPROVAL OF MINUTES: May 17, 1983 Moved by Commissioner Richards, seconded by Commissioner Kryder, to approve the minutes as submitted; carried unanimously 5-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the council for the meeting of May 26, 1983. VI. CONSENT CALENDAR All matters listed on the consent calendar are considered to be routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the planning commission or audience request specific items be removed from the consent calendar for separate discussion and action. A. Case Nos DP 01-82 ADJ 01-82, and 164 C - CARVER MANAGEMENT CORP., AP ts--� Approval of a one year time extension for a development plan, adjustment and preliminary design review case for a commercial center at the southeast corner of Monterey Avenue and Country Club Drive. Rec: Approve as presented. Moved by Commissioner Crites, seconded by Commissioner Richards, to approve the consent calendar item as presented by staff; carried unanimously 5-0. VII. PUBLIC HEARINGS A. Continued Case No. CUP 05-83, HERBERT SILVERSON, Applicant Request for approval of a conditional use permit to modify parking requirements and allow a 1460 sq.ft. restaurant in the C-1 zone at the southeast corner of El Paseo and Highway 74, 73-061 El Paseo. _1_ �I City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: June 7, 1983 CASE NO: DP 01-82, ADJ 01-82, 164 C REQUEST: Approval of a one year time extension for a development plan, adjustment and preliminary design review case for a commercial center in the PC (2) zone at the southeast corner of Monterey Avenue and Country Club Drive. APPLICANT: CARVER MANAGEMENT CORP. 110 W. Las Tunas Drive San Gabriel, CA 91776 I. DISCUSSION• This approval provides for the construction of a 92,215 square foot commercial shopping center anchored by a super market. Original approval was granted by the Planning Commission on April 6, 1982, and by the city council on May 20, 1982. The applicant is requesting approval of a one year time extension for the approval. II. STAFF RECOMMENDATION: Staff feels this request is acceptable and recommends approval of a one year extension to May 20, 1984. III. ATTACHMENTS: A. Letter of Request B. Location Map Prepared by Reviewed and Approved by 'JC� Ar -1- L 1 CARVER MANAGEMENT CORPORATION SHOPPING CENTER LEASING AND MANAGEMENT D May 6 , 1983 MAY ]. ? 98 CityOf Palm Desert E�-'�TY OF E�TAV `CRVIrE` hL,M Ecr- Planning Commission D`��R, 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: Case No. DP 01-82, ADJ 01-82 and 164 C Sagewood Shopping Center Gentlemen: We hereby request an extension for a one-year period of the Development Plan, Adjustment, Preliminary Design Review Case, and Negative Declaration of Environmental Impact for construction of a commercial center in the PC (2) zone located at the southeast corner of Monterey Avenue and Country Club Drive, more particularly described as Lot 104 , Tract 11791 . Sincerely, CARVEF,/MANAGEMENT CORPORATION Roy .'Silliam Carver RWC:kaf cc: Bernie Leung Certified Mail Return Receipt Requested 110 WEST LAS TUNAS DRIVE SAN GABRIEL. CALIFORNIA 91T 6 • (213) 283-2132 � i/ i P.K.7 F S.P. E 01-82 Aa.�.oi•82 CLANCY •VYIV.�YIYr�rr.Vr _ CW.It p1 IFfpnq .[Vpq Vlry[ aT \iM. - Iww IFI PI Y ti/Ftl I[Vpy w.W G[. Vwt e R•2,Bf0o�8) r • P.R.5 ,- HI• � i�( _ I •�11111::1 TIC 1._: _ I City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: June 7, 1983 CASE NO: DP 01-82, ADJ 01-82, 164 C REQUEST: Approval of a one year time extension for a development plan, adjustment and preliminary design review case for a commercial center in the PC (2) zone at the southeast corner of Monterey Avenuc and Country Club Drive. APPLICANT: CARVER MANAGEMENT CORP. 110 W. Las Tunas Drive San Gabriel, CA 91776 I. DISCUSSION: This approval provides for the construction of a 92,215 square foot commercial shopping center anchored by a super market. Original approval was granted by the Planning Commission on April 6, 1982, and by the city council on May 20, 1982. The applicant is requesting approval of a one year time extension for the approval. II. STAFF RECOMMENDATION: Staff feels this request is acceptable and recommends approval of a one year extension to May 20, 1984. III. ATTACHMENTS: A. Letter of Request B. Location Map Prepared byli1M. l Reviewed and Approved byJ�l /lr -1- f CARVER MANAGEMENT CORPORATION SHOPPING CENTER LEASING AND MANAGEMENT May 6 , 1983 Cityof Palm Desert envTM CF pAL'W ��RV�r-` ,'h1.'N D'-'c r. Tc Planning Commission - R, 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: Case No . DP 01-82 , ADJ 01-82 and 164 C Sagewood Shopping Center Gentlemen: We hereby request an extension for a one-year period of the Development Plan, Adjustment, Preliminary Design Review Case, and Negative Declaration of Environmental Impact for construction of a commercial center in the PC (2) zone located at the southeast corner of Monterey Avenue and Country Club Drive, more particularly described as Lot 104 , Tract 11791. Sincerely, CARVE1j/MANAGEMENT CORPORATION �� � Roy William Carver RWC:kaf cc: Bernie Leuna Certified Mail Return Receipt Requested 110 WEST LAS TUNAS DRIVE SAN GABRIEL, CALIFORNIA 91T 8 (213) 285-2132 P.R. 7 , S.P. DP. 01-82 � I i oa.ai•82 7�ocs) r I . _.__��__ ._. .. '- - � � JIIIIII,\' 1 �11�/ :=_ .ter•, 1'„�:—r..w.�.u. CARVER MANAGEMENT CORPORATION , SHOPPING CENTER• LEASING AND MANAGEMENT May 6 , 1983 mav�gm " MAY 1 1 1933 City of Palm Desert EN Ty O�ALAS SERV ci'R ICES Planning Commission M DESERT 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: Case No. DP 01-82, ADJ 01-82 and 164 C Sagewood Shopping Center Gentlemen: We hereby request an extension for a one-year period of the Development Plan, Adjustment, Preliminary Design Review Case, and Negative Declaration of Environmental Impact for construction of a commercial center in the PC (2) zone located at the southeast corner of Monterey Avenue and Country Club Drive, more particularly described as Lot 104 , Tract 11791. Sincerely, 4CARVE MANAGEMENT CORPORATION Roy illiam Carver RWC:kaf CC : Bernie Leung Certified Mail Return Receipt Requested 110 WEST LAS TUNAS DRIVE SAN GABRIEL, CALIFORNIA 91776 (213) 285-2132 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 9226O TELEPHONE (7I4) 346-0611 May 25, 1982 Mr. Roy W. Carver 110 West Las Tunas San Grabriel , California 91776 Subject: A eal of Plannin Commission Resolution No. 788, Case No DP O1-82, ADJ O1-82 and 164 C Dear Mr. Carver: At its adjourned meeting of May 20, 1982, the Palm Desert City Council took the following action: By Minute Motion the City Council denied the appeal of certain conditions imposed by the City of Palm Desert Plannino Commission in granting approval for development of Sagewood Shopping Center located at the southeast corner of Monterey Avenue and Country Club Drive. If you should have any questions regarding this matter, please feel free to contact me. Sincerely, i �?r�C SHEILA R. GICLIGAN CITY CLERK SRG/dh NOTICE OF DETERMINATION Negative Declaration TO: (X) Office of the County Clerk ( ) Secretary for Resources County of Riverside 1416 Ninth St., Rm 1311 4050 Main Street Sacramento, CA 95814 Riverside, CA 92501 FROM: CITY OF PALM DESERT 45-275 Prickly Pear Lane Palm Desert, CA 92260 SUBJECT: Filing of Notice of Determination in compliance with Section 15083(f) of the State EIR Guidelines. Project Title/Common Name: DP 01-82, ROY CARVER Date of Project Approval: May 20, 1982 State Clearinghouse Number (if submitted): N.A. Contact Person: Stan Sawa, Principal Planner Project Location: Southeast corner of Monterey Avenue and Country Club Drive. Project Description: Construction of district Neighborhood shopping center . This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: 1. The project has been approved by the City; 2. The project ( ) will (X) will not have a significant effect on the environment; 3. An Environmental Impact. Report was not prepared in connection with this project; and, 4. A Negative Declaration was prepared for this project pursuant to the provisions of CE A. A cop y py of the Negative Declaration may be examined at the above City Hall addr ess. Date I CARVER MANAGEMENT CORPORATION SHOPPING CENTER•LEASING AND MANAGEMENT May 10, 1982 Mr. Ramon A. Diaz Director of Environmental Services City of Palm Desert P.O. Box 1977 Palm Desert, CA 92260 Re: Revision of Appeal of Planning Commission Resolutio 788 Case No. PO1-8 ADJO1-82 Sagewood Shopping Center Dear Mr. Diaz: We would like to revise our appeal to the City Council and confine it to item four (4) of the Department of Public Works findings only. Very truly yours, CARVER MANAGEMENT CORPORATION I oy William Carver RWC:bv 110 WEST LAS TUNAS DRIVE SAN GABRIEL. CALIFORNIA 91776 (2I3) 2BS•2132 MINUTES ADJOURNED CITY COUNCIL MEETING MAY 20, 1982 MR. JAMES HARRINGTON, 73-365 Juniper Street, Palm Desert, addressed Council as the owner of the property where the energy conservation system was being installed by Mr. Downs. He expressed his frustrations with the Palm Desert Property Owners' Association. He felt the City's Building Department was all that the City needed. While the Association had once served a good purpose, it was no longer necessary. Mr. Doug Phillips responded that it would be up to the members of the Association to disband the organization. VIII. PUBLIC HEARINGS A. CASE NOS DP 01-82 ADJ O1-82 AND 164 C - ROY W. CARVER, APPELLANT: REQUEST FOR CONSIDERATION OF AN APPEAL FROM CERTAIN CONDITIONS IMPOSED BY THE CITY OF PALM DESERT PLANNING COMMISSION IN GRANTING APPROVAL FOR DEVELOPMENT OF SAGEWOOD SHOPPING CENTER LOCATED AT THE SOUTHEAST CORNER OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE. (Continued from the Meeting of May 13, 1982.) Mayor Wilson noted the Public Hearing was still Open in that this matter had been continued from the previous meeting. Mr. McClellan reviewed a site plan of the project with the Council. He noted the appellant had requested that in lieu of a left-turn in, left-turn out median be permitted there, that a modified median to where the traffic could make a left-hand turn onto Monterey be permitted. He said Staff had serious reservations about that request because firstly, as people are coming out to turn left, as they see traffic coming to that intersection, traffic is accelerating if it has been at a stop, and it is difficult to adjust speed. Secondly if a car goes out there and makes a left-hand turn and stops in the median area, it, in effect, becomes a storage area and the second car could hang out into either travel lane and block thru traffic. He stated Staff's recommendation was to deny a median opening there, that traffic can come down Monterey or Country Club, go through the protected turn there at that intersection and go down Country Club and make a right-hand turn into the shopping center. The second recommendation was that a median not be permitted on Country Club within 660 feet of the intersection. The first driveway approach shown by the appeallant is approximately 300 feet, and they are now requesting a median opening there. He noted their civil engineer had come up with a couple of design modifications that have in fact improved the interior circulation. He reviewed those modifications on the site plan. The third issue was the driveway approach to the east. Staff had concerns that that approach was located too closely to the intersection with Sagewood which is 395 feet. In reviewing this with the appellant, it seems to be indicated that Sagewood will not be extended north, thus there will not be a need for a left turn there in the future. This median, therefore, would be permissible based on those facts. However, Staff's strong feeling that it would be better if there were only one driveway opening on Country Club approximately one-half way between Monterey and Sagewood with one median opening. He concluded by stating the opening on Monterey Avenue would create many problems and as the traffic in the future increases, it will be more hazardous. Mayor Wilson invited input from the appellant. MR. STAN MORRIS, Consulting Engineering for R. W. Carver, 73-255 El Paseo, Palm Desert, reviewed their proposed changes on the site -3- J MINUTES ADJOURNED CITY COUNCIL MEETING MAY 20, 1982 � r • • r * # • � • • � * • * r * a a • � a r . �r � • s . . t r a plan. He respectfully requested Council's approval inasmuch as they felt strongly they would need all the ingress/egress requested. Mayor Wilson stated he agreed with Staff's concern with the opening on Monterey inasmuch as it already carries a great deal of traffic with only more the in the future with the new Town Center being built. 1 Councilman Snyder said he had difficulty approving the interim driveway opening in that it was a known traffic hazard. Councilman Newbrander concurred stating also that there was already a great deal of traffic on Country Club Drive. MR. TIM JOHNSON, 43-101 Portola Avenue, spoke stating that difficulty in getting in and out of a shopping area made drivers angry. MR. BILL CARVER, appellant, spoke in support of his request and stating that in order for them to have a viable project, the needed access. Councilman McPherson stated that although the parking within the project was not an issue, he felt that the row of parking spaces which would back into the major entrance lane of the center was very dangerous. With no further input, Mayor Wilson declared the Public Hearing Closed. Councilman Newbrander moved to deny the appeal to provide a median break on Monterey Avenue and to uphold the Planning Commission recommendation. Councilman Snyder seconded the motion; carried unanimously. IX. RESOLUTIONS 1 A. RESOLUTION NO. 82- -47 A RESOLUTION OF THE CITY COUNCIL J OF THE CITY OF PALM DESERT, CALIFORNIA, CONCURRING WITH THE DETACHMENT OF PROPERTY IN PALM DESERT AND SUBSEQUENT; ANNEXATION TO THE CITY OF INDIAN WELLS. Mr. Bouman stated this was a matter the Council had considered in Study Session several times, and now official action is required. The proposed resolutions sets forth the City's concurrence that the property consisting of those three residential lots within the Vintage Club which are within the City as well as a small portion of the extension of Toro Peak be detached from the City of Palm Desert and attached to the City of Indian Wells. Upon motion by Snyder, second by Puluqi, Resolution No. 82-47 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 82-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1981-82 BUDGET TO PROVIDE FOR A PORTION OF COSTS OF REALIGNING THE PALM VALLEY CHANNEL. Mr. Bouman reported that work had been completed last summer on the Palm Valley Channel to improve it in an attempt to reduce the chances of its overflowing during a heavy rain. The City's portion of the cost is $40,000, and the C.V.W.D. has now billed us for it. Since it is not a budgeted item, the proposed resolution is neccessary to allow payment. Upon motion by Pulugi, second by Snyder, Resolution No. 82-48 was adopted by unanimous vote of the Council. C. RESOLUTION NO. 82-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A FEE SCHEDULE FOR AMBULANCE SERVICE. -4- MINUTES REGULAR CITY COUNCIL MEI VG MAY 13, 1982 Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reported that the applicant is seeking a change of zone from R-1 to Office Professional in order to convert the existing residence to an office use. He noted the General Plan designates the site as OP. The request is, therefore, in conformance with the Land Use Element of the General Plan, and Staff recommended approval. Mayor Wilson invited input from the applicant. MR. CHARLES MILLER, applicant, indicated his concurrence with Staff's recommendation. Mayor Wilson invited public input either in FAVOR of or in OPPOSITION to the request, and none was offered. He declared the Public Hearing Closed. Upon motion by McPherson, second by Puluqi, Ordinance No. 300 was passed to second reading by unanimous.vote of the Council. H. CASE NOS. DP 01-82, ADJ 01-82, AND 164 C - ROY W. CARVER, APPELLANT: REQUEST FOR CONSIDERATION OF AN APPEAL FROM CERTAIN CONDITIONS IMPOSED BY THE CITY OF PALM DESERT PLANNING COMMISSION IN GRANTING APPROVAL FOR DEVELOPMENT OF SAGEWOOD SHOPPING CENTER LOCATED AT THE SOUTHEAST CORNER OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE. ' Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz passed out a letter from the appellant, Mr. Carver. He stated that at the time of the application for the appeal, there were six conditions of approval that the applicant was appealing. As indicated in the Staff report since objections to those conditions were not raised at the Planning Commission hearing on April 6, 1982, Staff would recommend that the matter be referred to the Planning Commission for consideration and then back to Council for report. Since that time, however, the applicant has agreed to five of the six conditions, and the only condition he is appealing at this time is a Department of Public Works condition that the plans should be amended to provide a median break be permitted on Monterey 250 feet south of the intersection of Country Club in order to permit left-turn ingress and egress at that point into the center. The applicant is also requesting a median break on Country Club. Since these matters are 1) within the realm of the Department of :Public Works and 2) directly related to the Traffic Committee, the Director of Public Works has reviewed both of these requests and presented alternatives to the applicant, basically if ingress and egress from Country Club Drive is desired, then one driveway on Country Club should be constructed and the proposed two driveways eliminated. If the applicant wished to have a left turn into the center for traffic that is heading west from Country Club Drive, Staff proposed to eliminate both of those entries and have only one entry in the center. The reason for that is the proximity of Monterey and Sagewood; to put the left turn access in at the existing driveway would place it too close to Sagewood and would result in conflicts if moved further to the west. Because it is a traffic matter, he recommended that the issue of ingress and egress from those two streets be referred to the Public Works Department for formal report and recommendation to you at the next meeting. Mayor Wilson invited input from the appellant: MR. BILL CARVER, appellant, addressed Council stating they had developed other centers in the area and had always been hurt by the -6- MINUTES REGULAR CITY COUN MEETING MAY 13, 1982 Upon motion by McPherson, second by Snyder, Ordinance No. 297 was passed to second reading by a 4-1 vote of the Council with Councilman Snyder voting NO. E. CASE NO. ZOA 03-82 - CITY OF PALM DESERT, APPLICANT: REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE REVISING MAXIMUM NOISE LEVELS IN THE C-1 ZONE. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reported that the proposed amendment to the zoning ordinance will review the maximum permitted noise levels in the C-1 zone. Presently the noise level is limited to 65 decibels above the ambient level of the area. Staff feels that a noise level this high would be excessive and unacceptable. A level of 5 decibles above the ambient noise level would be reasonable. He passed out a graph which showed the levels. Mayor. Wilson invited public input in FAVOR of or in OPPOSITION to the request, and none as offered. He declared the Public Hearing Closed. Upon motion by Newbrander, second by McPherson, Ordinance No. 298 was passed to second reading by unanimous vote of the Council. F. CASE NO. ZOA 10-81 - CITY OF PALM DESERT, APPLICANT: REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE ESTABLISHING A PRECISE PLAN REQUIREMENT. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz explained that the purpose of the proposed Precise Plan is to implement a more comprehensive development review procedure whereby the Planning Commission will review plot plans while the Design Review Board reviews design and landscape plans. The ordinance will also fill some present holes in the Development Plan procedure. Presently developments in Planned Residential and Planned Commercial zones are subject to the Development Plan procedures. The proposed amendment will required that developments in any commercial zone and any residential zone except for the R-1 and RE zones obtain Precise Plan approval. Councilman Puluqi asked whether or not input from developers was requested when making these changes, and Mr. Diaz responded that it was. Mayor Wilson noted that the proposed ordinance reflected the change would also occur in R-2 zones. Mr. Diaz responded this was an error and would be omitted prior to second reading of the ordinance. Mayor Wilson invited public input, and none was offered. He declared the Public Hearing Closed. Councilman Snyder stated that this would streamline the current process and would be a definite improvement. Upon motion by Snyder, second by McPherson, Ordinance No. 299 as amended was passed to second reading by unanimous vote of the Council. G. CASE NO. C/Z 03-82 - CHARLES MILLER, APPLICANT: REQUEST OR CONSIDERATION OF A CHANGE OF ZONE FROM R-1 (SINGLE- FAMILY RESIDENTIAL) TO O.P. (OFFICE PROFESSIONAL) FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF LARREA AND LANTANA. -5- MINUTES REGULAR CITY COUNT"' `aEETING MAY 13, 1982 fact that many of the properties developed don't take into account not only the traffic on the street, but also the merchants that are in business in these centers. He reviewed examples. He respectfully requested Council's favorable consideration of his appeal. Council discussion followed relative to the request. Councilman McPherson moved to continue the matter to the Adjourned Meeting of May 20, 1982, with direction to the Department of Public Works and the Department of Environmental Services to meet with the appellant in an attempt to work out a mutually acceptable solution. Councilman Newbrander seconded the motion; carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 82-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING & LIGHTING ASSESSMENT DISTRICT 1980-1 IN FISCAL YEAR 1982-83. Mr. McClellan reported that this item was an annual requirement stipulated by State statute, and it is a request for a Public Hearing to be held the first meeting in June to levy the annual assessment in this district which is Presidential Plaza. At the time of the hearing, there will be a staff report and an engineer's report listing the proposed assessments for the year. Upon motion by Newbrander, second by McPherson, Resolution No. 82-42 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 82-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING & LIGHTING ASSESSMENT D15TRICT 81-3 IN FISCAL YEAR 1982-83. Mr. McClellan stated this resolution was the same as the previous one and covered the area known as the Vineyards. Upon motion by McPherson, second by Pulugi, Resolution No. 82-43 was adopted by unanimous vote of the Council. C. RESOLUTION NO. 82-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING AND LIGHTING DISTRICT NO. 2 (LEWIS HOMES) IN FISCAL YEAR 1982-83. Mr. McClellan stated this was the same as the previous two resolutions and set a public hearing to consider the assessments for the area known as Canyon Cove on Haystack Road. Upon motion by McPherson, second by Newbrander, Resolution No. 82-44 was adopted by unanimous vote of the Council. D. RESOLUTION NO. 82-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PORTION OF DEEP CANYON ROAD SOUTH OF COVERED WAGON TRAIL AND TORO PEAK ROAD SOUTH OF OLD PROSPECTOR TRAIL UNDER THE PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS AND HIGHWAYS CODE AND FIXING TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO PROPOSED VACATION. -7- MINUTES REGULAR CITY COUNCIL MEETING MAY 13, 1982 Mr. McClellan stated that the Vintage Club, Indian Wells Associates, submitted a request to the City of Palm Desert to consider vacating the terminus of Deep Canyon Road and Toro Peak Road where it would access into Indian Wells' Vintage Club. This matter has been before the Planning Commission, and they found it in conformance with the General Plan. The purpose of the proposed resolution is to set a time and place for a public hearing for the matter to be considered. Upon motion by McPherson, second by Newbrander, Resolution No. 82-45 was adopted by unanimous vote of the Council. 1 E. RESOLUTION NO. 82-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PEDESTRIAN WALKWAY BETWEEN VERBA SANTA STREET AND OCOTILLO STREET UNDER THE PROVISIONS OF PART 3, DIVISION . 9, OF THE STREETS AND HIGHWAYS CODE AND FIXING TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO PROPOSED VACATION. Mr. McClellan stated the City had received a request from two of the four property owners that live along this ten-foot pedestrian way that was provided when the land was originally subdivided 20 years ago. The purpose of the ten-foot walkway was for pedestrian access, and it is still unimproved. The applicants state in their request it is now being used by vehicles, and they have suffered property damage from time- to-time. Staff recommended adoption of the resolution which sets a time and place for a public hearing to consider the matter. Upon motion by McPherson, second by Puluqi, Resolution No. 82-46 was adopted by unanimous vote of the Council. _ X. ORDINANCES For Introduction: A. ORDINANCE NO. 301 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, .A..MENDING CHAPTER 5.28 OF THE CODE OF THE CITY OF PALM DESERT, RELATING TO COIN OPERATED MACHINES. Mr. Bouman reported that this recommendation came from the City Attorney's Office. It removes from the rate schedule the matter of a minimum of fifty dollars, and that deals with the rate of 1% of gross receipts of coin operated machines. The reason for this change is that there is recently enacted State law that says you cannot set a minimum. Councilman Puluqi disagreed with the revision. He felt that a minimum should be permissible. Mr. Erwin explained that the City could not supercede State law. Councilman Newbrander stated her objection to any coin operated machine being allowed in the City at all. Upon motion by McPherson, second by Snyder, Ordinance No. 301 was passed to second reading on a 3-2 vote with Councilmen Newbrander and Puluqi voting NO. B. ORDINANCE NO. 302 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 15.28 OF THE CODE OF THE CITY OF PALM DESERT, RELATING TO CONSTRUCTION HOURS. Mr. Bouman explained that this revision merely clarified the wording of the ordinance and did not change its intent. -8- April 22, 1982 CITY OF PALM DESERT LEGAL NOTICE CASES D.P. 01-82 and ADJ 01-82 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider an appeal of conditions of a Planning Commission approval by ROY CARVER for a Development Plan, Negative Declaration of Environmental Impact and Adjustment (for a 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as: APN 622-030-021-8 I P.R. 715.P. - i i 0.10-01-82 ' ��ADJ.OI-82 CW4.. 0( Iry(11(10( ,u1pp u.(O( fITT ll,( R-2,BC0o(g) i p.R.S j a • l " C L C N C 1 LANE Jllllli'C \-11111 -- �F-'.'--'J- =�:•`-___.ew... .... — _ n g _liEi 1 SAID Public Hearing will be held on May 13, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post April 29, 1982 . _./Da PALM DESERT CITY I-IALL btK, OF ENVIRONMENTAL SERVICE I P. O. BOX 1977 - PALM RESEW. CA 92961Pre `.n nery90 I 40-337tyagewood Drive ` � SAE' o�AF2T �19 9 9� y! ! Palm D sert, CA 92260 d5 �°sFF2 *.tl I CITY OF PALM DESERT i TRANSMITTAL LETTER l TO: Honorable Mayor and City Council REQUEST: Consideration of an appeal from certain conditions imposed by the City of Palm Desert Planning Commission in granting approval for development of Sagewood Shopping Center located at the southeast corner of Monterey Avenue and Country Club Drive. APPELLANT: Roy W• Carver 110 West Las Tunas San Gabriel, CA 91776 CASE NOS: DP-01-82, ADJ 01-82 and 164 C DATE: May 13, 1982 CONTENTS: A. Staff Recommendation. B. Discussion. C. Letter of Appeal. D. Planning Commission Minutes involving Case Nos. DP-01-82, ADJ 01-82 and 164 C E. Planning Commission Resolution No. 788. F. Planning Commission Staff Report dated April 6, 1982. G. Related maps and/or exhibits. ---------------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Refer matter back to the Planning Commission for further consideration. B. DISCUSSION: The applicant proposes to construct a 92,215 square foot shopping center at the southeast corner ,of Monterey Avenue and Country Club Drive. The subject applications were before the Planning Commission at its April 6, 1982, meeting. Following a Public Hearing and presentation by the applicant, the Commission approved the application subject to conditions. As delineated in the minutes, Mr. Leung representing the applicant, in responding to a question from the Commission, indicated that his client concurred with all the conditions imposed in the proposed resolution. By letter dated April 22, 1982, (copy attached), the applicant appealed some of the conditions imposed by the Planning Commission. The matter of the applicant's disapproval of the conditions was not discussed or mentioned at the Planning Commission hearing. For this reason it is recommended that the City Council refer this appeal back to the Planning Commission for a report and recommendation on the matters, subject to the appeal. /pa April 22, 1982 CITY OF PALM DESERT LEGAL NOTICE CASES D.P. 01-82 and ADJ 01-82 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider an appeal of conditions of a Planning Commission approval by ROY CARVER for a Development Plan, Negative Declaration of Environmental Impact and Adjustment (for a 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as: APN 622-030-021-8 • •P.R.7 I S.P. i i a-82 I' ADJ.OI.82 • •1 a n.'..n•n R•2,8�(8) i CL ANC Y��—_ L A NE �] JIIIII I'1' 'l illil - JI II i III SAID Public Hearing will be held on May 13, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickjy Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk PUBLISH: Palm Desert Post City of Palm Desert, California April 29, 1982 -- - -.-../Da__ PALM 01-SERT CIT( HALL-' DEPT. OF ENVIRONMENTAL SERVICES MON 2'f 330716NI 05/07/?32 P. O, BOX 1977 PALM DESERT, CA 92261 !-*;E'T'l IIRN1CJ 51_.l~1.D[::li MDT I)G:J...IVIERAE LE: AC, UNAI.,-1.' Mont i ile country club ,g82 324 S. r Blvd. y . Santa 92704 voRO OFEPP pESERT C�� CARVER MANAGEMENT CORPORATION SHOPPING CENTER LEASING AND MANAGEMENT D April 22, 1982 "1pR 1982 EIVVIROryME C17y Nh � SERV10fS Mr. Ramon A. Diaz ojSE4 Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane P.O. Box 1977 Palm Desert, CA 92260 Re: Appeal of Planning Commission Resolution No. 788 Case No. DP 01-82, ADJ 01-82 and 164 C Sagewood Shopping Center Dear Mr. Diaz: This letter supersedes my letter to you dated April 19, 1982, and. reflects the Conditions of Approval listed below which we are appealing to the City Council: Department of Environmental Services: 5. We are requesting the condition to read "Major truck,_ deliveries and trash pick-up for Market to be only between 6 a.m. and 9 p.m. Monday through Saturday' only. " 21. This condition should be eliminated in its entirety. Department of Public Works: 4. This should be amended to provide that a median break be permitted on Monterey Avenue, 250 feet south of the intersection with Country Club, in order to permit left-turn ingress and egress at that point into the center. 6. This should be deleted in that it is our understanding that this fee has already been paid by the previous subdivider. 9. This should be eliminated since it is apparent that all existing utilities are underground. 110 WEST LAS TUNAS DRIVE SAN GA5RIEL, CALIFORNIA 9177E • (213) 285.2132 CARVER MANAGEMENT CORPORATION Mr. Ramon A. Diaz Page 2 April 22, 1982 Department of Public Works (continued) : 10 . This should be amended so that the bikeway/sidewalk required on Monterey and Country Club should be tied in to Sagewood. This would be in lieu of the normal sidewalk required in this condition. Sinc e/lyy,� ' Roy illiam Carver Appellant RWC:kaf April 22, 1982 CITY OF PALM DESERT LEGAL NOTICE CASES D.P. 01-82 and ADJ O1-82 NOTICE I5 HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider an appeal of conditions of a Planning Commission approval by ROY CARVER for a Development Plan, Negative Declaration of Environmental Impact and Adjustment (for a 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as: APN 622-030-021-8 I LR ;J'J" 11 P.2 •+� r u+a un u.n �'t a ►. o.r na r n•n R•2,80Do(8) i 3 ' — :till 11" i :'imrnrr+,l SAID Public lic Hearing will be held on May 13, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk PUBLISH: Palm Desert Post City of Palm Desert, California April 29, 1982 /oa_. City f'.5-�,1 D.SERl` c Tv HALL 0'.--PT. OF ENVIRONMENTAL SERVICES P. 0. BOX 1977 PALM DESERT, CA 9226.1 /i Propert/Uwn 40-353 rush Ct.Palm DeCA 92260 EN'ITOOF,PALM DESERT w AR 14j/ April 22, 1982 = CITY OF PALM DESERT LEGAL NOTICE CASES D.P. 01-82 and ADJ 01-82 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider an appeal of conditions of a Planning Commission approval by ROY CARVER for a Development Plan, Negative Declaration of Environmental Impact and Adjustment (for a 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as: APN 622-030-021-8 P.R, 7V5.P. D.P. 01-82 I ADJ.OI•g2 oc.m�,cau.�.nw I.y. /41'•pl ly ti/4pj R•2,8Coo(g) P.R.5 I � i f � i CLANCY _ .. .. LANE , .'.!111111 'l,Ilih f___ - \" I� `� III il' _— .,;i.to u.�__•a. it IS SAID Public Hearing will be held on May 13, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hail, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post April 29, 1982 PALM DESERT E HALL OF, ENVIRONMENTNT AL SERV1Ck� p p 0. sox 1977 �O MM DESM, CA 9T261 l� [���Prop 40-362t er 40-362 gewood Drive Palm Bert, CA 92260 ��TY NTq oe FRTFS wed PALM DESERT CITY HALL DEpfi: OF ENVIRONMENTAL ox977 1 SERVICE f ��` PALM DESE,fti. CA 92261 'VJ C �Pr )pert er 40-362 gewood Drive Palm sert, CA 92260 �7 C Tl N NT 198? �. ..; Aq4 D S RTFS April 22, 1982 CITY OF PALM DESERT LEGAL NOTICE CASES D.P. 01-82 and ADJ 01-82 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider- an appeal of conditions of a Planning Commission approval by ROY CARVER for a Development Plan, Negative Declaration of Environmental Impact and Adjustment (for a 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as: APN 622-030-021-8 P.R 7, S.P. i i D.P. 01-82 I 4DJ.01.82 YVYI.Y�q IYY�.IYt cxl,ry x nvut1Ot „YCYo v ,at an \.n ..... n• �uY wa rn•x i I - ' .SttNtt�tt_SS;fl•• 1. 1ry La NE / li I� Ili �',�Vi i11' �/• 4 S SAID Public Hearing will be held on May 13, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post April 29, 1982 PALM DE3mr CITY HALL DEPT. OF ENVIRONMENTAL SERVICES P. 0. BOX 1977 � `1 PALM DESERT, CA 92261 FETU Propert Owner .\ Cbp JO 40-312 Orchidtree Ct. SF Palm esert, CA 92260 �FSFRTFs 4� J April 22, 1982 1 CITY OF PALM DESERT LEGAL NOTICE CASES D.P. 01-82 and AD7 01-82 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider an appeal of conditions of a Planning Commission approval by ROY CARVER for a Development Plan, Negative Declaration of Environmental Impact and Adjustment (for a 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as: APN 622-030-021-8 P.R T S.P. i i D.P. 01-82 ADJ.OI.82 LOVI((. O[ TIV(T(10! [N«CMO ...... Oil ll„I1 � 7 CL GNCY_-. -- _ . _ - • _ r ._. .. .. . L G N f ---------- SAID Public Hearing will be held on May 13, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post April 29, 1982 i -.-a _ _,/Da _ r CA RVER•MANAGEMENT CORPORATION eOVx SHOPPING CENTER LEASING AND MANAGEMENT April 22, 1982 APR 2 6 1982 ENZIC CVf7Y OF PALM PEES Mr. Ramon A.,,Diaz . _ "4 Director of Environmental Ll ` ' Services a.a: . i . r City of Palm Desert 45-275 Prickly Pear Lane P.O. Box 1977 Palm Desert, CA 92260 Re: . Appeal of Planning Commission 1 RUY /-IResolution No. 788 1"pr1 -Case No. DP 01-82, ADJ 01-82 and 164 C Sagewood Shopping Center Dear Mr. Diaz: i This letter supersedes my letter to you dated April 19, 1982, and reflects the Conditions of Approval listed below which we are appealing to the City Council: Department of Environmental Services: 5. We are requesting the condition to read "Major truck deliveries and trash pick-up for Market to be only between 6 a.m. and 9 P.M. Monday through Saturday'-only. " 21. This condition should be eliminated in its entirety. Department of Public Works: 4. This should be amended to provide that a median break 1I be permitted on Monterey Avenue, 250 feet south of the intersection with Country Club, in order to permit left-turn ingress and egress at that point into the center. 6. This should be deleted in that it is our understanding that this fee has already been paid by the previous subdivider. 9. This should be eliminated since it is apparent that all existing utilities are underground. i 110 WEST LAS TUNAS DRIVE • SAN GABRIEL. CALIFORNIA 91778 • (213) 285-2132 ' • MINUTES PALM DESERT PLANNING COMMISSION APRIL 6, 1982 A. CASE NOS P 01 8 , ADJ 01-82 and 164 C - ROY WILLIAM CARVER, Applicant Request for approval of a Development Plan, Adjustment for parking, preliminary Design Review case and Negative Declaration of Environmental Impact to allow construction of a 92,215 sq.ft. commercial shopping center in the PC (2) zone (District Commercial Center) at the southeast corner of Monterey Avenue and Country Club Drive. In reviewing the staff report, Mr. Sawa stated that only Buildings A,B,C are being proposed presently and the architectural plans still need to be submitted for buildings D,E,F, and G. He .stated that Design Review Board approved these plans with some requirements. Staff felt the setbacks for the buildings adjacent to Country Club Drive should be 20 feet as required by code. One of the major concerns expressed by staff was mitigation of noise levels. The noise study submitted by the applicant indicated that the major offender would be the delivery trucks. Staff felt that if newer model trucks were used the noise could be reduced. Staff also suggested that the project be redesigned to mitigate the noise impacts, noting several methods that could be used. The following were recommended options for Commission action: (1) Approve project, with mitigation of noise as condition and have staff review revised plans; (2) Approve project, with mitigation of noise as condition, with plan reviewed by Commission at a non-public hearing; and, (3) Continue request and have applicant redesign project to mitigate noise before approval. Staff recommended option No. 2. Commissioner Richards asked how the City could regulate the age of the delivery trucks. Mr. Diaz explained that if there were any complaints they would look into this and also Condition No 19 states that the market operator agrees to abide by the conditions of approval. Mr. Diaz added that Condition No. 21 be added to read: "Only delivery diesel trucks built after 1974 shall be used." Commissioner Richards felt that this condition could not be regulated through the market operator since a lot of the trucks would be from independent vendors. Chairman Kryder opened the public hearing and asked if the applicant wished to make a presentation. MR. BERNIE LEUNG, Architect, explained that in the matter of noise impacts it should depend on what the criteria for the level of sound is. He stated that that criteria can be met. He asked if all other developments would have to meet these same noise levels. MR. CHRIS EMA, of VTN Engineering Co. for McBail, reviewed the noise study report which indicated there would only be a total of 10 impacts per week. At this point Commissioner Wood asked if the developer had agreed with all the conditions of the proposed Resolution. Mr. Leung replied affirmative. MR. MIKE GALLAGHER, of McBail Co., pointed out that this property was subdivided and zoned for commercial in 1978. He contacted four property owners fronting the back of the market and three have signed an agreement stating that they were aware that landscaping on both sides of the block wall would be provided to screen the market building and that a commercial shopping center was to be located at the site. Commissioner Crites asked what the probable reduction level would be after all the proposed changes are made. Mr. Ema replied that for every foot of height added to the block wall it reduces approximately 1 dB. Chairman Kryder asked if there was anyone present who wished to speak in FAVOR or OPPOSITION to this case. MR. ALIBABA FRAZANEH, property owner adjacent to the market, stated he would not sign an agreement because he has a wife who is very ill and felt that the noise impact would be very disturbing. -2- MINUTES PALM DESERT PLANNING COMMISSION APRIL 6, 1982 MR. DENVER JOHNSTONE, 40-329 Sagewood, stated that when the agreement was signed he assumed the setback from the market to the residence would be the normal required by code and not less. Mr. Diaz explained that if the setback was set at the normal 40 ft. then consequently the market would have to be moved towards Country Club Drive and the parking area to the back, which means greater noise impact would be created to the residence from the cars in the parking lot. He also stated that the building would not act as a buffer as presently proposed. Chairman Kryder closed the public hearing. Moved by Commissioner Wood, seconded by Commissioner Crites, to adopt findings as recommended by Staff. Carried unanimously 5-0. Moved by Commissioner Wood, seconded by Commissioner Crites, to waive further reading and adopt Planning Commission Resolution No. 788, approving DP 01-82, ADJ 01- 82 and 164 C, subject to amended conditions. Carried unanimously 5-0. (Note: a condition included states that the project will be redesigned to mitigate the noise levels, and revised plans to be reviewed by Planning Commission prior to submission of final construction drawings). B. CASE NO. CUP 03-82 - MARIO LALLI, Applicant Request for approval of a CUP to allow conversion of a bank into a 150 seat restaurant in the C-1, S.P. (General Commercial, Scenic Preservation Overlay) located at the southeast corner of San Luis Rey Avenue and Palm Desert Drive. Mr. Diaz reviewed the staff report and recommended approval with conditions that valet parking be prohibited and additional landscaping be added. Chairman Kryder opened the Public Hearing and asked if the applicant wished to make a presentation. The applicant was present and agreed to the conditions set by staff. Chairman Kryder asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. MR. CHARLES RILEY, Manager of the building, felt that it would benefit the City and requested approval. Chairman Kryder closed the Public Hearing. Chairman Kryder asked why staff was recommending that valet parking be prohibited. Mr. Diaz responded that it would eliminate conflicts due to proximity of the Presidents' Pit}/a g tot .i.I.l frontage road. Moved by Commissioner Miller, seconded by Commissioner Richards, to adopt findings as recommended by staff. Carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Wood, to waive further reading and adopt Planning Commission Resolution No. 789, approving CUP 03-82, subject to conditions. Carried unanimously 5-0. C. CASE NO. TT 18495 - DAME CONSTRUCTION COMPANY, Applicant Request for approval of a three lot subdivision to allow the construction of two condominium units in the PR-5 zone located on the south side of Camino Arroyo North, west of Joya Drive; categorically exempt previously assessed for CEQA purposes. t Mr. Diaz reviewed the staff report and recommended approval. Chairman Kryder opened the Public Hearing and asked if the applicant wished to make a presentation. -3- q ;1 CITY OF PALM DESERT P.O. BOX 1977 PALM DESERT, CA . 922 APPLICATION TO APPEAL DECISION OF TA TO THE yz� ON CASE NO. — D Name of AAellant Address Phone Appealing decision of (date of meeting) 19 regarding application of (if same as Appel ant , write Same) for (description of application) Reasons for Appeal : i' _` ��•�l��C�/L� FOR OFFICE USE ONLY ate Appeal sled and Fee received : ia2/ ublic hearing set for pp 19 Sign 3A ure of Appe lanttDate p KDire�cr of Envi.ron _ntal Services cc : Appellant Planning File (Complete and distribute after public hearing) COUNCIL ACTION cc : Appellant Planning Director of Date Environmental Services P . C. approved on CARVER MANAGEMENT CORP9.�RATION SHOPPING CENTER • LEASING AND MANAGEM1IE 5 2 'E2 AP 2 i P;'; 3 33. Mr. Ramon A. Diaz Secretary Planning Commission e_�,t; ,t - ^ City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: Case No. DP 01-82, ADJ 01-82 and 164 C Sagewood Shopping Center Dear Ray: We have reviewed the conditions of approval contained in the Resolution No. 788 ,and need clarification on the items listed below. If it is impossible to accomplish this on the staff level, or another meeting with the Commission, in your opinion, we would like this letter to serve as our request .for an appeal. Department of Environmental Services, Item 5 : We have been advised by our market tenant Smith' s Food King that they make deliv- eries six (6) times per week Monday through Saturday and that their trucks may arrive before 8 : 00 a.m. Their schedule, which has not caused any problems to our knowledge, would be similar to their store on Highway 111 at Sunlodge. Item 6 : It is noted that a revised plan must be reviewed by the Commission and if the other matters contained in this "appeal" can be dealt with by the Commission at this time, it would reduce the number of times this project must come before the full Commission. Item 21: There is no way we can enforce this .requirement on all of our tenants except by notifying them in our lease form of the pro- hibition of any diesel trucks built before 1974. It would be equally impossible for each tenant to make such a request from each of his suppliers some of which use common carriers. Department of Public Works, Item 4 : Although we have been aware all along of the road design required on both Country Club and Monterey we feel that future left hand turn access should be provided on both streets in the interest of good traffic circulation not only within the center but also on the adjacent public streets. We can live with the requirement of no median breaks within six hundred sixty feet (660) on Country Club because of our long frontage, however on Monterey 110 WEST LAS TUNAS DRIVE • SAN GABRIEL, CALIFORNIA 91T6 (213) 285-2132 CARVER MANAGEMENT CORPORATION Mr. Ramon A. Diaz Sagewood Shopping Center page 2 April 19 , 1982 it is impossible. We specifically designed the project so that there would be only one access to and from Monterey. We moved thEty is feet as far south as practical-approximately two hundred fordaffuture left (250) . This would seem to offer adequate stacking north on hand turn pocket from traffic making a left turn going still permit a short stacking pocket Monterey onto Country Club and for southbound traffic on Monterey to gain access to the Center. that point With a median break in the Center divider at it would also be possible for traffic exiting the Center who wish to go south If no median break were on Monterey to make that movement easily. available all south bound traffic would either: 1) Exit onto ing a left turn going west bound and then make Country Club by mak at the Pro- another left turn onto Monterey ewoode intersection order ceed south bound or, 2) Exit onto Sag subdivision to the the subd then turn right on Sagewood, weave through b turning south and enter the so;th Bothdof traffic t y these solutions, in opinion, left from (�—roblems than they solve. We are also aware seem to present more p ears yet ers may now or have lost the opportunity to do that the median dividers may not be installed for many we must voice our objections remote that the dividers will so in the future. If it is fairly remote condition is mute. ever be required perhaps our appeal of t The next step in our development process will be a submittal to you of a Parcel Map on this project and you again will have an opportunity to review this access situation. Of this letter we are advising our architect Bernie By copy Approval and Leung of these problems we for see in with uhinChopeslthat a resolution to have asked him to review them appealing the matter to the Council. them could be made without Sincerely, / CARVER MANAGEMENT CORPORATION Roy William Carver / RWC:bv / cc: Bernie Leung NOTICE OF DETERMINATION Negative Declaration TO: W Office of the County Clerk ( ) Secretary for Resources County of Riverside 1416 Ninth St., Rm 1311 4050 Main Street Sacramento, CA 95814 Riverside, CA 92501 FROM: CITY OF PALM DESERT 45-275 Prickly Pear Lane Palm Desert, CA 92260 SUBJECT: Filing of Notice of Determination in compliance with Section 15083(f) of the State EIR Guidelines. Project Title/Common Name: Sagewood Plaz CDP 01-82 Date of Project Approval: April 6, 1982. State Clearinghouse Number (if submitted): N/A Contact Person: Stan B. Sawa (714-346-0611) Project Location: Southeast corner of Monterey Avenue and.Country Club Drive.. Project Description: 92,215 sq.ft. commercial shopping center. This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: 1. The project has been approved by the City; 2. The project ( ) will W will not have a significant effect on the environment; 3. An Environmental Impact Report was not prepared in connection with this project; and, 4. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration may be examined at the above City Hall address. PD 13, lq SZ Date _ `II NOTICE OF DETERMINATION Negative Declaration TO: W Office of the County Clerk ( ) Secretary for Resources County of Riverside 1416 Ninth St., Rm 1311 4050 Main Street Sacramento, CA 95814 Riverside, CA 92501 FROM: CITY OF PALM DESERT 45-275 Prickly Pear Lane Palm Desert, CA 92260 SUBJECT: Filing of Notice of Determination in compliance with Section 15083(f) of the State EIR Guidelines. Project Title/Common Name: DP 01-82, ROY CARVER Date of Project Approval: May 20, 1982 State Clearinghouse Number (if submitted): N.A. Contact Person: Stan Sawa, Principal Planner Project Location: Southeast corner of Monterey Avenue and Country Club Drive. Project Description: Construction of district Neighborhood shopping center . This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: 1. The project has been approved by the City; 2. The project ( ) will W will not have a significant effect on the environment; 3. An Environmental Impact Report was not prepared in connection with this project; and, 4. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration may be examined at the above City Hall address. 7- ( - SZ Date �1 POI v March 19, 1982 �� � 4 A Mr. Ramn Diaz Director of Environmental Services MAC 2 9 1982 City of Palm Desert 45-275 Prickly Pear Lane NMEN?AL SERVICES Palm Desert, Ca. 92260 ENC17Y OF PALM DESERS Ref: Lot 10, Tract No. 7263 of enclosed map Dear Mr. Diaz, Please accept this request for determination of use of subject property as a site for construction of a Funeral Home. If present zoning restrictions do not include this use, I would like to request your consideration of a zone variance or conditional use permit to enable a Funeral Hone to occupy this site. I would be happy to supply you with whatever information or details may be necessary in this request. Thank you for your Cooperation. I remain Sincerely yours, i Joseph A. W Conn , Jr. 72728 TDny Trabert Palm Desert, Ca. Phone 568-0235 Enclosure: Subject Map Please direct mail to Classic Realty. 73-080 El Paseo • Suite 8 • Palm Desert, California 92260 9 (714) 346-5696 • (714) 568-3516 -- - 1711, 1801 b -� T /842,1656 618 - 24 N//2 SEI/4 SEC. 18 T 5 S. R. 6 E. Loupfeig o/ SHEET / OF 2 POR- CITY RANCHO M/RAGE POR. CITY PALM DESERT e�IAr^/a e&a j 5j& CAUFORNIA LAND TITLE COMPANY This is not a survey of the land but 23 is compiled for information only from I /3 data .shown by official. records. ✓89�/9 r3/•E ..o. /328.28 - .._. .- - NBvo28'S/'E /3 P8.92 -_ aize3 C%TY 2/3.> PAL%N DESERT L/M/TS I SeB! 357. 56 Z�S � 55 55 PM46/68 5».99 .. PM46/� � /ro.o1 9o3G \ r90 . ' ti 2 CM r a - Q 242 a 5 O O 44 50 O - CM075Ac Gr m _ rAc O L 47AcGr m . 3/Pq i CM b N 0.8/ACNJ p a/ . h °` 1 . . h v 24I 3 0 v / 00 3.50Ac_ 0 ti I h�0 2.84 Ac Gr AN. 5 °1 L 47Ac N/ °+ J I "Ex 15 Mt O 4 sz>r - 933.02 6y a � 440 Ac 1t 398Ac CM h 2.3/Ac Nt 243 44 a Por 2 /6 nTi T263 /085.90 4.5/Ac. Gr rr >263 p C�ce G �� SgUT1 io�a MOL�NOS — --- - G a BK G.58 A ' O a• o' y Lot �4 /565 Ac , y a 035Ac ? ti Par 3 V N a to fGG _4 Por For � /l Por Por / 299Ac ° Por 4 i 754Ac_ 3.75Ac F: 11 3 - 3.47 t AC. ,^A 3. y N VN y Lot `\•D - 855//571no.>L a.m14 ZOQ.G¢ 1 N V ___ e.[>ay 65.39 _ - 34 50 9/.G! '-• _ - _ QG/.9Z o /G4.13 4G4 R561/5 Lot A ,NSS/334-E//97/8 B80T68/63 _ A 132565 /6T n _... 35 11 < _ u —DR-. � �'- 'pay 1 O _ '. N416B . . 46/6�U ..N.. �� .. /32B.26 h 33 DATA-" C. V.C.W.D. R/W25-8-80 R. S.5//57 - P,M. 46/68 Parcel Mop //, 301 M.8.90/52-53 Troc/ No. 7263 ( CM 19//25-/41) I SSE SSOR S MAP 8K 618' PG 29 -- - C CM /9///0- /24) IVERSIDE COUNTY CALIF. CM /91 142-162) RG City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: April 6, 1982 CASE NOS: DP 01-82, ADJ 01-82, and 164 C REQUEST: Request for approval of a Development Plan, Adjustment for parking, preliminary Design Review case and Negative Declaration of Environmental Impact to allow construction of a 92,215 sq.ft. commercial shopping center in the PC (2) zone (District Commercial Center) at the southeast corner of Monterey Avenue and Country Club Drive. APPLICANTS: Roy William Carver Bernard K.K Leung do Assoc. 110 W. Las Tunas 73-960 El Paseo #4 San Gabriel, CA 91776 Palm Desert, CA 92260 I. BACKGROUND: A. DESCRIPTION OF SITE: The site is vacant and relatively flat. The curbs and tie-in paving have been installed on Country Club Dr., Monterey Avenue and Sagewood Drive on the east. There is a 6 foot high block wall along the south property line. To the south is the Sagewood single-family subdivision. B. ADJACENT ZONING AND LAND USE: North: PR-7, S.P; Vacant South: R-2 8,000 (8); Vacant and Single-family East: P zone; Vacant West: Rancho Mirage; Vacant C. GENERAL PLAN LAND USE DESIGNATION: District Commercial H. PROJECT DESCRIPTION: A. GENERAL: The proposed project consists of a total of 92,215 sq.ft. of floor area in seven structures. The main structure contains a market (44,262 sq.ft.) and 14,400 sq.ft. of retail space. At this time the applicant is only showing the architectural design for the market/retail building and one additional 8,000 sq.ft. retail building. The remaining five buildings are spread out around the site and will have to come in for separate Design Review Board approval. Access to the site would be through a driveway on Monterey Avenue, two driveways on Country Club Drive and one driveway on Sagewood Drive. Rancho Mirage did comment that they feel the westerly driveway on Country Club Drive should be eliminated. However, staff feels this driveway is acceptable and should be retained. A major concern is the compatibility of the project with the residences to the south. The issues of noise, vibrations, privacy, and aesthetics are important and must be addressed. With regard to noise, the applicants have submitted a noise study (see attached) which indicates that the major offender will be the truck delivery to the market. The study notes that tentatively there will be 16 major truck noise impact generations (in or out) per week. with probable on-site traverse Post-it®F x Not 7671 Dat€ ,� 1*aolbs� To� " From // . CoJD6pt co!. Phoffe# Phone# n F (. Fax# I r J Staff Report DP 01-82, ADJ 01-82, and 164 C April 6, 1982 time being no more than 5 minutes per generation. The study notes that deliveries would only be between 7 a.m. to 10 p.m., Monday through Friday only. The study submitted provides information on the amount of noise per event or occurrence. Based on the data the majority of the residential lots on a worst case (1969 trucks) basis would be exposed to outside noise levels (76 dBA average) which would exceed the General Plan Noise Element standards (50-60 dBA), when measured at a point 5 feet outside of the house. The Noise Element points out that noise levels above 70 dBA contribute to hearing impairment. The interior noise levels during each occurrence would exceed the 45 CNEL maximum provided by the General Plan Noise Element for almost every lot adjacent to the commercial center. No information on the before and after construction ambient noise level has been submitted. Staff feels that even if the ambient noise levels are within the General Plan standards, the single event noise occurrences that the single family residences to the south would be subject to, are unacceptable. The California Environmental Quality Act (CEQA) only allows a Negative Declaration to be prepared if there will not be a significant adverse impact on the environment. With the project as presently designed, staff feels that the noise impacts of the project will be detrimental to the adjacent residents. As such, the only way the project could be approved is by mitigating the adverse impact. If this impact is not mitigated, CEQA requires that an Environmental Impact Report be prepared. Staff feels that the noise impacts of the project can be mitigated through a redesign to achieve a maximum 70 dBA in the backyard and 45 CNEL inside of the adjacent residences during each noise generation. This can be done by relocating the loading area and access away from the residences. Other devices which can be used are as follows: 1. Redesign parking lot and loading area so that truck circulation behind market is eliminated. 2. Increase planter width next to wall and amount of landscaping for noise attenuation. 3. Eliminate slope to loading ramps. 4. Provide landscaping next to market building. 5. Increase height of wall along south property line. 6. Design wall next to loading area to be noise attenuating. 7. Construct additional noise attenuating walls. As can be deduced from the above, staff feels the project cannot be approved at this time unless the Negative Declaration requires mitigation of the noise impact. Staff feels that the noise impacts will be detrimental to the adjacent homeowners. Even if the ambient noise levels are within the General Plan Guidelines, the single event noise levels (major truck deliveries) are higher than we feel the community should be exposed to. Staff believes that once the noise impacts are mitigated the issues of privacy, vibrations, and aesthetics will take care of themselves. Any additional landscaping and setback will insure further compatibility. B. 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I . � I .1 I - I - I .. � . - . � I I � . � I � � I I . I 1. I I I . I I � .. I . I I I I I . .. I . .. I . .. I � I I � I I ., I I I I . ,, I . ., I I . . . I I � I . I I . I . � . . . . . . . . - . . . - - I I � I I I I I I I I I I - . I - . � I � I .. I I 1 . I I - . I I �. . I . .1 . � . .1 . � . 1 . 11 . I .. - .. . . I . �. � I - . I I � . I � . I I I I . . I I � I I I � � I I I � 4 1 � I I I I I I . I . � � . . . . I I I . � . I . . . . * - � - % - * - % - * - * - . - . - * - * .. * - * .. * - * .. � .. . I I � I . . I I � I I I I � . I . . . I . . . I . . . . . . . L . . . . . . . . . . I . I . I . . - - . . . I . . . . I . I Staff Report DP 01-82, ADJ 01-82, and 164 C April 6, 1982 The structures proposed at this time are spanish in nature and utilize red mission tile roofing, navajo white plaster and concrete block, brick veneer, and wood trim. The major architectural feature of the project is a series of towers, interspersed throughout the buildings. C. DESIGN REVIEW BOARD: The Design Review Board reviewed preliminary plans at the meeting of March 9, 1982. The board felt the architectural and landscaping plans were acceptable as submitted. D. EXCEPTIONS TO DEVELOPMENT STANDARDS: The PC-2 zone development standards limit the size of any one commercial enterprise to 40,000 sq.ft. The proposed market is 44,262 sq.ft. in size. However, the Planning Commission can modify the size limitation by approval of the Development Plan. Staff believes that there would be no adverse effects and recommends the larger structure be allowed. Another exception the applicant is requesting is the market building setback from the south property line. The code requires 20 feet or twice the height of the structure which in this case would be 40 feet. The proposed setback is 27 feet. This is acceptable as a minimum setback since the adjacent properties are at a lower grade and the landscaping will be heavily planted for screening. The code also requires a bermed setback of twenty feet of landscaping adjacent to the street for aesthetic and screening purposes. If this is required, it would impact and restrict the amount of parking available. The proposed landscaped setback varies from 9 feet to 23 feet. The submitted plans do indicate some mounding. However, staff doubts that the mounding will adequately screen all the parking areas. Staff would recommend waiving the 20 foot setback in those parking areas where the setback is less, provided a combination of mounding and/or a short wall is used to screen the parking. E. PARKING ADJUSTMENT: The applicants are asking for a parking adjustment to reduce the number of parking spaces 5% from 461 spaces to 438 spaces. Basically, the shape of the parcel restricts good circulation and adequate parking which complies with the Municipal Code. The findings and justifications follow in the next section of this report. III. ANALYSIS: A. FINDINGS FOR ADJUSTMENT: Findings are required for approval of an adjustment. The findings and justifications as submitted by the applicant (staff comments in parenthesis) are as follows: 1. What practical difficulties or unnecessary physical hardships inconsistent with the objectives of this Ordinance would result if an adjustment was not granted? Justification: Would have to decrease building square footage which is already severely limited by the lot configuration. Additionally, if adjustment is not granted, extra landscaping which has been incorporated into the site plan (especially the landscaped driveway median islands) would have to be eliminated, thereby rendering the development less attractive. -3- Staff Report DP 01-82, ADJ O1-82, and 164 C April 6, 1982 2. What exceptional or extraordinary circumstances or conditions apply to your property that do not apply generally to other properties in the same zone? Justification: A long, narrow lot which necessitates a comparatively large amount of circulation area, thereby restricting parking space count and building square footage. 3. To what extent would the strict or literal interpretation and enforcement of the specified regulation deprive you of privileges enjoyed by the owners of other properties in the same vicinity and zone? Justification: Further diminish building coverage which is already only half of the maximum allowed by the zoning ordinance (Art. 25.18-5.04 (1-b) due to lot configuration. (Other properties in the PC-2 zone are not limited by the odd shape of the property and narrow depth). 4. To what extent would the granting of this adjustment be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity? Justification: None. (The parking area is self-contained and does not provide direct access to adjacent properties. Therefore, there is no detrimental effects caused by the 5% reduction in parking). Staff believes there is sufficient grounds to justify the approval of an adjustment of up to 10% in order to provide flexibility in any redesign required by this approval. B. ENVIRONMENTAL REVIEW: The Director of Environmental Services has determined that the proposed project will not have a significant adverse impact on the environment provided the noise impacts are mitigated, and a Negative Declaration has been prepared. IV. STAFF RECOMMENDATION: Staff feels that there are adverse environmental impacts (noise) which must be mitigated if this project is to be acceptable. Provided the noise impacts are mitigated and a Negative Declaration approved, staff feels the overall concept is acceptable. Since the noise must be mitigated which will undoubtedly require some redesign to the plans, the Commission has several ways to proceed. The options are as follows: 1. Approve project, with mitigation of noise (to 70 dBA outdoors and 45 CNEL inside) as condition and have staff review revised plans; 2. Approve project, with mitigation of noise (to 70 dBA outdoors and 45 CNEL inside) as condition, with plan reviewed by Commission at a non-public hearing; and, 3. Continue request and have applicant redesign project to mitigate noise (to 70 dBA outdoors and 45 CNEL inside) before approval. It should be pointed out that the Commission can review the data as submitted by staff and any comments received during the public review process and determine -4- Staff Report DP 01-82, ADJ 01-82, and 164 C April 6, 1982 that there would be no adverse environmental impacts. However, staff would recommend against taking that action since the noise study indicates there will be noise impacts. In any case, action approving the project should be proceeded by approval of the findings for the adjustment. Staff would recommend that option two (approval, with Commission review of the revised plan) be implemented, unless there is interest for further public scrutiny of the plans. In that case, staff would recommend continuing the case with revised plans being resubmitted. V. ATTACHMENTS: A. Draft Resolution B. Legal notice C. Noise Study D. Initial study and Draft Negative Declaration E. Letter from architect dated Feb. 12, 1982. F. Design Review Board minutes of March 9, 1982. G. Comments from other departments and agencies. H. Plans and Exhibits. Submitted by Reviewed and Approved by Ar I -5- PLANNING COMMISSION RESOLUTION NO. ### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING DEVELOPMENT PLAN, ADJUSTMENT, PRELIMINARY DESIGN REVIEW CASE, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A COMMERCIAL CENTER IN THE PC (2) ZONE. CASE NO. DP 01-82, ADJ 01-82 AND 164 C WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of April, 1982, hold a duly noticed public hearing to consider a request by ROY WILLIAM CARVER for approval of a Development Plan, Adjustment for parking, Preliminary Design Review Case and Negative Declaration of Environmental Impact to allow construction of a 92,215 sq.ft. commercial center in the PC (2) (District Commercial Center) zone located at the southeast corner of Monterey Avenue and Country Club Drive, more particularly described as: Lot 104, Tract 11791 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration of Environmental Impact has been prepared. 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 to justify their actions, as described below: 1. The proposed project generally conforms to the intent and purpose of the PC (2) zone district. 2. The proposed location of the Use is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. 3. The proposed location of the Use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety, or general welfare, or be materially injurious to properties or improvements in the vicinity. 4. The proposed Use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 5. The proposed Use complies with the goals, objectives, and policies of the City's adopted General Plan. 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 the Planning Commission does hereby approve Conceptual Development Plan No. 01-82, ADJ 01-82, and 164 C subject to those conditions attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of April, 1982, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: GEORGE D. KRYDER, Chairman RAMON A. DIAZ, Secretary Ar PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL DP 01-82, ADJ 01-82 AND 164 C Department of Environmental Services: 1. The development of the property shall conform substantially with exhibits on file with the Department of Environmental Services, as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the City which include, but are not limited to, Design Review and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date of final approval otherwise said approval shall become null, void and of no effect whatsoever, unless a time extension is granted. 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: Riverside County Department of Health Palm Desert Design Review Board Process City Fire Marshal Coachella Valley Water District 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. Major truck deliveries and trash pick-up for Market to be only between 8 a.m. to 9 p.m. Monday through Friday only. 6. Project to be redesigned so that outdoor noise levels do not exceed 70 dBA and indoor levels do not exceed 45 CNEL, as measured at the residential units to the south, with applicant to submit verified data by qualified noise engineer; revised plan to be reviewed by the Planning Commission prior to submission of final construction drawings. 7. All architecture of future buildings to be compatible, with Design Review Board approval of plans. 8. Trash enclosures for each detached building to be provided; with design and location to be approved by City and local trash company. 9. All public street and parking lot improvements shall be constructed as a part of Phase 1. 10. All conditions of the Design Review Board shall be met. 11. Detailed parking lot and 'building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards; plan to be prepared by qualified lighting engineer. 12. Driving aisle south of building "D" to Sagewood Drive shall be increased to 24 feet wide with no decrease in landscape planter width along south property line. 13. Parking space and aisles shall comply with Palm Desert Design Standards for off- street parking facilities. 14. Eliminate parallel parking spaces since they are not permitted by Palm Desert Design Standards for off-street parking facilities. 15. 3 to 3.5 foot decorative wall and/or mounding shall be provided to sufficiently screen parking lot area from streets. 16. Setbacks for buildings "E" and "F" shall be increased to a minimum of 20 feet. 17. Aisle to south of market shall be gated for emergency access only. -1 y PLANNING COMMISSION RESOLUTION NO. 18. Parking adjustment is allowed to a maximum of 10% of the required parking. 19. Market operator to submit letter indicating that he has read the conditions of approval and will abide by same; letter to be submitted prior to issuance of building permit. 20. Parking lot directional stripping and safety signs to be provided; plan to be submitted with final working drawings for approval. DeparameofPubjic orks: 1. Combined bikeway/sidewalks shall be installed on Monterey Avenue and Country Club Drive as shown on preliminary landscaping plan. 2. Traffic safety striping shall be provided to the specifications of the Director of Public Works. 3. Either installation of one half of median on Monterey Avenue and Country Club Drive or payment of one-half estimated median costs at the option of the Director of Public Works. 4. No median breaks shall be permitted within 660 feet of the Monterey Avenue and Country Club Drive intersection. 5. Grading plan shall be approved by the City Engineer prior to issuance of a grading permit. 6. Signalization fund fees shall be paid prior to issuance of building permits. 7. Complete improvement plans and specifications shall be submitted as required by Ordinance to the City Engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as built" plans prior to acceptance of the improvements by the City. 8. Landscaping maintenance on Monterey Avenue and Country Club Drive shall be provided by the owner. 9. Existing utilities shall be undergrounded. 10. Sidewalks shall be installed on Sagewood Drive. City Fire Marshal: 1. Install a water system capable of delivering 4000 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County Super fire hydrants so that no point of any building is more than 150 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25,feet to any building. B. Exterior surfaces .of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. C. Curbs (if installed), shall be painted red 15 feet in either direction from each hydrant. 3. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department and the original will be returned to the developer. 4. The.water system plan shall be signed by a registered civil engineer, and approved -2- PLANNING COMMISSION RESOLUTION NO. by the water company, with the following certification: "I certify that the design of the water system in Case Number DP 01-82 is in accordance with the requirements prescribed by the Fire Marshal." 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 6. The market building shall be fully protected by an authomatic fire sprinkler system. 7. Fire lanes shall be marked as per municipal code. -3- c, March 18, 1982 CITY OF PALM DESERT LEGAL NOTICE CASES D.P. 01-82 and ADJ 01-82 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by ROY CARVER for approval of a Development Plan, Negative Declaration of Environmental Impact and Adjustment (for a 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as: APN 622-030-021-8 Cw91M P.R 7 S.P. D.P. 01-82 ADJ.OI.82 [VVYI. Of I.iVCIC1YC ..Yfaq Y I1C0[ LIi. [IYIT — .... ,YLYO YIILCC LIT. pYIT " i P rem L_A NE -�111, C bl . SAID Public Hearing will be held on April 6, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post March 25, 1982 /pa Staff Report DP 01-82, ADJ 01-82, and 164 C April 6, 1982 CASE NO. DP 01-82 Explanation of "yes" or "maybe" answers and possible mitigation measures and comments. 1. EARTH - Construction of commercial project will modify topography and surface features. C. Since property is vacant, construction, grading and landscaping of site will change topography and surface relief features. MITIGATION MEASURES - None required. 3. WATER - b. Due to paving, construction and landscaping of site, there will be a decrease in absorption rates, a change in drainage patterns and an increase in the rate and amount of surface water runoff. MITIGATION MEASURES - Compliance with grading and applicable drainage ordinances will be required. 10. NOISE - Construction and subsequent operation of commercial center will increase ambient noise level. The increase may be detrimental or create an annoyance to the residential properties to the south. Single event noise impacts from truck deliveries will create disturbances to the neighbors to the south (see staff report for complete discussion of noise impacts). MITIGATION MEASURES - Strict adherence to construction hours and days will be required. Additional measures to mitigate traffic and operational noise will be required. Noise from truck deliveries will have to be mitigated so that noise levels set in General Plan Noise Element are not exceeded. 16. TRANSPORTATION/CIRCULATION - Construction of project will create new traffic on site and on adjacent streets. a. Due to construction of commercial center, additional traffic movements on and off site will be created and existing movements will be modified. b. Demand for parking facilities will be created by virtue of construction. e. Because of new on site and transitional movements between site and street there will be an increase in traffic hazards. MITIGATION MEASURES - Country Club Drive and Monterey Avenue are operating at below traffic capacity. New traffic and modified movements will not increase traffic to detrimental level. Therefore, no measures other than normal street improvements are necessary. Compliance with applicable parking and circulation requirements will be required except for approved adjustments. 17. PUBLIC SERVICES - a. Fire Protection cannot be provided within the normal 5 minutes determined desirable. MITIGATION MEASURES - Project will be required to pay into fire protection fund an amount as set by ordinance, at the time of issuance of building permit. 23. LIGHT AND GLARE - Parking lot and building lighting will be provided. MITIGATION MEASURES - Project will be required to detailed lighting plan which complies with design standards for off-street parking facilities. Additional measures may be required adjacent to residential properties. -6- Staff Report DP 01-82, ADJ 01-82, and 164 C April 6, 1982 Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: DP 01-82 APPLICANT/PROJECT SPONSOR: ROY WILLIAM CARVER 110 W. Las Tunas San Gabriel, CA 91776 PROJECT DESCRIPTION/LOCATION: 92,215 sq.ft. commercial center at southeast corner of Country Club Drive and Monterey Ave. The Director of the Department of Environmental Services, 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, include in the project to avoid potentially significant effects, may also be found attached. RAM ON A. DIAZ DATE DIRECTOR OF ENVIRONMENTAL SERVICES /lr -7- / y CASE NO. OI -$ ENVIRODr-1ENTAL SERVICES DEPT. INITIAL STUDY ENVIRONIMENTAL EVALUATION CHECKLIST NOTE: The availability of data necessary to address the topics listed below shall form the basis of a decision as to whether the application is considered complete for purposes of environmental assessment. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers, possible mitigation measures and comments are provided on attached sheets) . Yes Maybe No 1 . Earth. Will the proposal result in: a. Unstable earth conditions or fn changes in geologic substructures? — — b. Disruptions, displacements , compaction, or overcovering of the soil? c. Change in topography or ground surface relief \ features? 4 d. The destruction, covering., or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils , either on or off the site? 2. Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? y b: The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, \ either locally or regionally? Y _ __. _ — __ ._ - ..__ .v \• a __._. Yes Maybe No 3. Water. Will the proposal result in: _,. Changes in currents, "or the course or 1 direction of water' movements? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? �. c. Alterations to the course or flow of flood waters? d. Alteration of-the direction or rate of flow of ground waters? e. Change in the quantity of ground waters, 1 either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? — — — f. Reduction in the amount of water other- wise available for public water supplies? 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of plants (including trees, shrubs , grass , and crops)? b. Reduction of the numbers of any unique, rare, or endangered species of plants? , c. Introduction of new species of plants into an area., or in a barrier to the normal replenishment of existing species? 1 - 5. Animal. Life. Will the proposal result in: a. Changes in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles , or insects)? b. Reduction of the numbers of any unique, \ rare, or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier. to the migration or movement of animals? d.. Deterioration to existing wildlife _. . . . habitat? .. f W �Y. E 4' s'r : r f elc. iT 3. Yes M_,ybe No 6. Natural Resources. Will the proposal result in: a. Increase in ::the rate of use of any natural \ resources? - r b. Depletion ofeany non-renewable natural resource? 7. Energy. Will the proposal result in: JZ r a. Use of substantial amounts of fuel or energy? b. Demand upon existing sources of energy, or re- quire the.deselopment of neel sources of energy? 8. Risk of Upset:=;Does the proposal involve a ' risk of an explosion or the release of hazardous substances (including, but not limited to, pesticides, oil , chemicals , or radiation) in the event of an accident or upset conditions? 9. Economic Loss. Will the proposal result in: :i. a. A change in the value of property and improvements endangered by flooding? b. A change in the value of property and improverientsrexposed to geologic hazards beyond accepted community risk standards? — — 10. Noise. Will the proposal increase existing noise levels toe:the point at which accepted community noise and vibration levels are exceeded? i 11. Land Use. Willethe proposal result in the ate—ration of the present developed or planned land use of an area? 12. Open Space. Will the proposal lead to a decrease in theramount of designated open space? 13. Population. Will the proposal result in: a. Alteration of` the location, distribution, density, or growth rate of the human ` Population of- the City? b. Change in the population distribution by age, income,'2-eligion, racial , or ethnic ` h group, occupational class , household type? — — — li 4. Yes Maybe No 14. Employment. Will the proposal result in additional new long-term jobs provided, or a change in the number and per cent employed, \ unemployed, and underemployed? 15. Housing. Will the proposal result in: a. Change in number and per cent of housing units by type (price or rent range, zoning category, owner-occupied and rental , etc. ) relative to demand or to number of families in various income classes in the City? b. Impacts on existing housing or creation of a demand for additional housing? 16. Transportation/Circulation. Will the proposal result in: a. Generation of additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? �r c. Impact upon existing . transportation systems? d. Alterations to present patterns of circulation or mcvement of people and/or goods? e. Increase in traffic hazards to motor vehicles , bicyclists, or pedestrians? 17. Public Services. Will the proposal have an effect upon , or result in a need for, new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public •facilities, including roads? f. Other governmental services? e .. 5. Yes Maybe No 18. Public Fiscal Balance. Will the proposal result in a net change in government fiscal flow (revenues less operating expenditures and annualized capital expenditures)? 19. Utilities. Will the proposal result in a need for new systems, or alterations to the following utilities: a. Power or natural gas? b. Communications system? c. Water? d. Sewer or septic tanks? e. Storm water drainage? >v f. Solid waste and disposal? 20. Human Health. Will the proposal result in: a. The creation of any health hazard or potential health hazard? b. A change in the level of community health \ care provided? V 21. Social Services. Will the proposal result in an increased demand for provision of general social services? _ — 22. Aesthetics. Will the proposal result in: a. Obstruction of any scenic vista or view open to the public? b. The creation of an aesthetically offensive site open to public view? _ c. Lessening of the overall neighborhood. (or area) attractiveness, pleasantness , and uniqueness? 23. Light and Glare. Will the proposal produce new light or glare? 24. Archeological/Historical . Will the proposal result in an aIteration of a -significant archeological or historical site, structure, object, or building? 6. Yes Maybe No 25. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment or to curtail the diversity in the environment? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental .goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future. ) c. Does the project have impacts which are indi- vidually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant. ) _ d. Does the project have environmental effects which will cause substantial adverse effects on human beings , either directly or indirectly? Initial Study Prepared By:CAhJ op- i� P - a� DESIGN REVIEW BOARD MINUTES MARCH 9, 1982 3. CASE NO. 165 (CONTINUED) On a motion by Jackson, seconded by Mr. ton, this case was continued in order tha the applicant may address t following concerns: 1. That the des' n of the buildings d materials used reflect th type of ima which Palm Desert desires. 2. That the circulation stem in the back be worked ' out and the dead d p king situation be eliminated. 3. That solar rotection be prove ed if the buildings are tur d facing north. Staff was furth instructed to indicate to the applicant that the Board would not be le to approve the submittal as pre ented because of those concerns. Motion carried unanimously 6-0. \�\\ 4. CASE NO. 164C - ROY CARVER - 110 West Las Tunas, San Gabriel, CA 91776 and BERNIE LEUNG, 73-960 El Paseo, Palm Desert, CA 92260. Approval Sought/Location: Approval of preliminary landscaping and elevation plans for a commercial shopping center at the southeast corner of Country Club Drive and Monterey Avenue. Mr. Leung asked to be excused from voting but indicated that he would represent this case. Mr. Diaz reviewed the staff report and indicated that staff was not overly concerned that tree wells were not proposed within the parking rows along the common center line of each row of parking (Condition No. 3 ). After some discussion, the Board decided to delete this Condition. Mr. Cook questioned the fact that a blow-sand buffer had not been required. Mr. Diaz replied that if they were required to put up an eight foot high wall the commercial area would not be seen. On a motion by Ms. Jackson, seconded by Mr. Barton, the preliminary landscaping and elevation plans were approved subject to the conditions listed below and subject to Condition No. 3 of the staff report dated March 9, 1982, being deleted. 1. Construction plans shall be submitted for approval to the City Fire Marshal prior to issuance of building permits. All conditions shall be made a part of construction and no certificate of occupancy shall be issued until completed. 2. Final construction drawings, including a final landscaping, grading, lighting, amenities, trash storage, walkway layout, irrigation plans and sign program shall be submitted to the Design Review Board. No final inspection or occupancy permit shall be given by the Department of Environmental Services to this project until the aforementioned approved plans and construction shall have been completed. Motion carried 4-0-2. Mr. Leung and Mr. Gregory abstained. - 3 - DESIGN REVIEW BOARD MINUTES MARCH 911982 III. DISCUSSION ITEMS 1. CASE NO. 221 MF - CHACAHUALA LTD, 10677 W. Pico Blvd., Los Angeles, CA 90064. Mr. Leonard Greenberg, applicant was not present. Approval Sought/Location: Request for a time extension of previously approved preliminary plans for a 117 unit condominium project on the north side of Mesa View Drive, between Alamo Drive and Arrow Trail. Mr. Sawa indicated that the applicant was seeking a time extension for preliminary plans which were approved by the Design Review Board at their meeting of March 1, 1981 and approved by the Planning Commission at their meeting of March 3, 1981. On a motion by Mr. Cook, seconded by Ms. Jackson, the Board moved to grant a time extension for this case. Motion carried unanimously 6-0. 2. PALM DESERT TOWN CENTER Mr. Sawa reviewed this case indicating that it was before the Board for final approval of landscape plans. The Board reviewed the plans and felt they were adequate. On a motion by Ms. Jackson, seconded by Mr. Barton, the Board instructed Staff to compare the final working drawings with the preliminary plan and continue this case to the next meeting. Motion carried 5-0-1. Mr. Cook abstained. IV. ADJOURNMENT On a motion by Mr. Cook, seconded by Mr. Barton, the meeting was adjourned at 3:00 p.m. ✓R ON A. DIAZ, Secretary /pa - 4 - 11 �, BERNARD K. K. LEUNG & ASSOCIATES ARC=CT A.I.A. 43900 EL PA8E0,9=4.PALM DESERT,CALiP.99290,714/U9.4ng February 12 , 1982 Palm Desert City Hall - 45-275 Prickley Pear Lane Palm Desert, California 92260 Attention: Planning Department Reference : Sagewood Plaza Project Gentlemen: In answer to various questions listed on your "Development Plan Check- list" , I render the 'following: II Written Documents: Legal Description/Ownership Lot 104 of Tract 11791 as shown on -the Map on file in Book 104 , Pages 19-23 of Maps Record of Riverside County, California. Statement of Planning Objectives The subject project which is located on the southeast corner of Country Club Drive and Monterey will be developed as a Shopping Center Complex with a major market and supplementary rental stores. The total square footage will be approximately 92 ,000 square gross feet . The architectural design will emphasize a contemporary desert motif with heavy columns and plastered walls with a tile roof . Preliminary Development Schedule This shall commence with the filing date and shall' be pursued relative to the City ' s schedule for approval of Working Drawings . Upon approval of said Working Drawings the project will commence with construction which will probably take eight (8) months for completion. Quantitative Data Site Acreage - 9 . 060 acres ; Site Square Footage - 394 ,654 sq. ft. ; Total Building Area - Approx. 92 ,215 sq. ft. ; Palm Desert City Hall ' Planning Department February 12 , 1982 Page 2 Land Use Ratios Buildings - Total square footage 23. 37% Landscaping - Total square footage 24. 27% Parking and Driving area - Total square footage 52 . 36% Parking Spaces 200 square feet per car which is 461 spaces less 5q adjustment is equal to 438 required parking spaces . Actual parking spaces provided is 438 . SOUTHERN CALIFORNIA g1C111 S COMPANY 3700 CENTRAL AVENUE •'RIVERSIDE. CALIFORNIA R. W. RIDDELL - E8ataT OWlslon Mailing Address: P.O. BOX 2200, RIVERSIDE. CALIFORNIA 92516 Distribution Planning Supervisor February 24, 1982 Location of f4earest Gas Main: in Monterey Ave. & in Country Club Dr. City of Palm Desertadjacent to subject property 45-275 Prickly Pear Lane Palm Desert, CA 92260 rolT�j7N nl Attention: Ramon Diaz r825 1982 Re: DP 01-82 Adjustment 01-82 (Sagewood Plaza) ENVIRONMENTAL SERVICES CITY OF ppLh9 DESERT This letter is not to be interpreted as a contractual commitment to serve the proposed project; but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas service to the project could be provided from an existing main without any significant impact on the environment. The service would be in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. The availability of natural gas service, as set forth in this letter, is based upon present conditions of gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies. Should these agencies take any action which affects gas supply or the condition under which service is available, gas service will be provided in accordance with revised conditions. We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further information on any of our energy conservation programs , please contact our Area Market Services Manager P. 0. Box 6226, San Bernardino, California " 92417, phone (714) 884-9411 . R. W. Riddell Distribution Planning Supervisor VCB/ds ESTABLISHED IN 1918 A8 A PUBLIC AGENCY 49 �. COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (714) 398-2651 DIRECTORS OFFICERS RAYMOND R.RUMMONDS,PRESIDENT LOW ELL O.WEEKS,GENERAL MANAGER—CHIEF ENGINEER TELLIS COOEKAS,VICE PRESIDENT BERNA14DINE SUTTON,SECRETARY JOHN P.POWELL - VICTOR S.HARDY,AUDITOR PAUL W.NICHOLS February 2 REDWINE AND SHERRILL,ATTORNEYS e STEVE D.BUXTON y 5, 1982 File:. 0163.11 0421.1 0721.1 Department of Environmental Service City of Palmi_"D`e's'dYr-- �� Post Office Box 1977 Palm Desert, California 92261 Gentlemen: Re: Sagewood Plaza DP 01-82 Portion of N61h, Sec. 8, TSS, R6E, S.B.M. This area lies on the sandy area north of Palm Desert and is considered safe from stormwater flows except in rare instances. The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District. This area shall be annexed to Improvement District Nos. 16 and 70 of Coachella Valley Water District for domestic water service. Yours very truly A/ Lowell 0. Weeks 11/ 'General Manager-Chief Engineer CS:ra cc: Riverside County Department of Public Health 46-209 Oasis Street Indio, California 92201 v, Attention: Don Park C' �cl (r' TRUE CONSERVATION USE WATER WISELY McBail Company 3732 MT.DIABLO BLVD. • SUITE 390 LAFAYETTE. CALIFORNIA 94549 TELEPHONE 415-284.4900 February 9 , 1982 City of Palm Desert FEB 1 1 1982 45-275 Prickly Pear Lane Palm Desert, CA 92260 ENVIRONMENTAL SERVICES CITY. OF. PALM DESERT Attention: Ray Diaz, Director Reference : Sagewood Commercial Center Dear Mr. Diaz : Following the meeting in your office on January 13 , 1982 , it was agreed that we would submit, along with the new develop- ment plan for the above-referenced project, a noise study and a landscape plan for both sides of the existing wall which separates the residential and commercial uses . Enclosed please find 8 copies of a Noise Study prepared by VTN for the subject properties. The study was based upon the pro- posed Development Plan and the Noise Code of the City, as supplemented by the. Noise Element of the General. Plan and EPA standards . Also enclosed are copies of signed Letters of Agreement from three of the four homeowners who have homes abutting the Commercial Center. We remain the owner of the remaining houses and lots in that category. We have yet to. hear back from the fourth homeowner, although we did reach an agreement with him when we discussed the matter during a visit to his house. We trust this information is sufficient for the purpose of your review. Of Course, please call me if questions arise or if, further information is required. Very truly yours , McBAIL COMPANY Mich R. Ga a h r, Al P Dire or Land evel ment MRG:tls McBail Company 3732 MT.DIABLO BLVD. • SUITE 390 LAFAYETTE, CALIFORNIA 94549 - TELEPHONE 415-234-4900 - January 22, 1982 Dennis Wong �` a 40-333 Sagewood Dr. v Palm Desert, CA 92260 Reference : Lot 19; Sagewood Subdivision Dear Mr. Wong: This letter follows our meeting on January 20, 1982, in regard to the planting of additional landscape materials along the rear property line of the above referenced lot, and is intended to serve as an Agreement covering that work. IT IS UNDERSTOOD AND AGREED THAT: 1. As part of the City Conditions of Approval for the Sagewood Commercial Center, the City will require a mature landscaping strip be planted along both sides of the existing block wall located on the common property, line with the Sagewood Residen- tial Subdivision. 2 . McBail will install said landscaping and irrigation lines , as necessary, along your rear property line in accord with the approved landscape plan, and as specially discussed with you during the meeting at your home. 3. McBail will perform all such work as outlined in item 2 above without cost to you. Said work to be performed following the City approval of the Commercial Landscape Plan and Site De- velopment Plan. 4 . McBail will indemnify and hold you harmless from any and all claims and/or litigation if any should arise from work per- formed on your property in connection with this Agreement. 5. You acknowledge that you were aware at .the time you purchased the above referenced home that a Commercial Shopping Center was zoned and planned for development on the site abutting your property and that you do not object to that commercial use at this time if the conditions of this Agreement are car- ried out. Reference: Lot 21; Sagewood Subdivision Page 2 January 22, 1982 6. You will arrange for McBail and its subcontractors to have access to your lot and rear yard following notice to you that McBail is prepared to install the subject landscaping. If the above is acceptable, please sign where indicated below and return one copy to our construction office in the subdivision. Thank you for your cooperation and assistance in this matter. Of course, contact Harold or myself if you have any questions. Very truly yours, ACCEPTED: McBail Company Mich R. al e CP / Dire or o Land D e pment MRG:tls DATE Enclosures: Copy of Preliminary Landscape Plan • • - laurel sumac - typ. 15. gal lit 19 i 20 i I &-7 Lo n — ---_ -- PK DPc>. D LM D GCAPi NCa �01� ?ROJ prr �XiSTINC� SIN6LG F-,A^ILY fr-�E5!► EWG6- \ EXIS'( INC. Col-00 H161-1 COML. 61 K W/.LL PKQPOSSD 10'-0' WlDr: LANCSCAPINO -- N015E f3U=FER Pjy NDi.AzEN-' ?:.PoMRT( i \k J' •4 _ PAYING ---- V! SLOPE \:NN •• �UCis PINIa ,\\,�� �� MeBafl Company 3732 MT.DIABLO BLVD. • SUITE 390 LAFAYETTE. CALIFORNIA 94549 TELEPHONE 415-284-4900 January 22, 1982 Ted Johnstone 1 40-329 Sagewood Dr. Palm Desert, CA 92260 Reference: Lot 20; Sagewood Subdivision .Dear Mr. Johnstone: This letter follows our meeting on January 20, 1982, in regard to the planting of additional landscape materials along the rear property line of the above referenced lot, and is intended to serve as an Agreement covering that work. IT IS UNDERSTOOD AND AGREED THAT: 1. As part of the City Conditions of Approval for the Sagewood Commercial Center, the City will require a mature landscaping strip be planted along both sides of the existing block wall located on the common property line with the Sagewood Residen- tial Subdivision. 2. McBail will install said landscaping and irrigation lines , as necessary, along your rear property line in accord with the approved landscape plan, and as specially discussed with you during the meeting at your home. 3. McBail will perform all such work as outlined in item 2 above without cost to you. Said work -to be performed following the City approval of the Commercial Landscape Plan and Site De- velopment Plan. 4. McBail will indemnify and hold you harmless from any and all claims and/or litigation if any should arise from work per- formed on your property in connection with this Agreement. 5. You acknowledge that you were aware at the time you purchased the above referenced home that a Commercial Shopping Center was zoned and planned for development on the site abutting your property and that you do not object to that commercial use at this time if the conditions of this Agreement are car- ried out. Reference: Lot 20 ;agewood Subdivision Page 2 January 22, 1982 6. You will arrange for McBail and its subcontractors to have access to your lot and rear yard following notice to you that McBail is prepared to install the subject landscaping. If the above is acceptable, please sign where indicated below and return one copy to our construction office in the subdivision. Thank you for your cooperation and assistance in this matter. Of course, contact Harold or myself if you have any questions. Very truly yours, ACCEPTED: McBail Company l Mich el R. a g r, AICP Director o Lan v opment T MRG:tls DATE Enclosures: Copy of Preliminary Landscape Plan 00 - I Ln I .. .` 444 i . . •:. •` i •` • CAN f �l •`•` - • t NAME PRELIMINARY PLANrr r�.RONALD� GREGORY, fr'� PFR li\AFTFR PI A NTIN(: '1 'nnrlc�nr��a' . A r�hi ram /L-7' on -.--- PP+oPrD LIJJf�6U�PiNU Port PROJ♦rt'� ` �X�S'CING-t 61NC�L� f-�IL�' f�ES,DENGE— EXISTING Coy-d NIGF-i CoNG. ��.I� w/�t..L• PKOPOSE;D 0-0' WIDE LA.ND6CAPINCa No15E BU;FER FW N AIA4E- -tr PPOPERT( o'+NNER l� a , GI^I-E. SE l lNl McBail Company 3732 MT.DIABLO BLVD.. SUITE 390 LAFAYETTE, CALIFORNIA 94549 TELEPHONE 415-284A900 Cn VT111LIS February 8 , 1982 Jim Calucchia 40-325 Sagewood Drive , Palm Desert, CA 92260 Reference: Lot 21; Sagewood Subdivision Dear Mr. Calucchia: This letter follows our meet on February 8 , 1982 , in regard to the planting of additional landscape materials along the rear property line of the above referenced lot, and is intended to serve as an Agreement covering that work. IT IS UNDERSTOOD AND AGREED THAT: 1. As part of the City Conditions of Approval for the Sagewood Commercial Center, the City will require a mature landscaping strip be planted along both sides of the existing block wall located on the common property line with the Sagewood Residen- tial Subdivision. 2 . McBail will install said landscaping and irrigation lines , as necessary, along your rear property line in accord with the approved landscape plan, and as specially discussed with you during the meeting at your home. 3 . McBail will perform all such work as outlined in Item 2 above without cost to you. Said work to be performed following, the City approval of the Commercial Landscape Plan and Site De- velopment Plan. 4. McBail will indemnify and hold you harmless from any and all claims and/or litigation if any should arise from work per- formed on your property in connection with this Agreement. 5. You acknowledge that you were aware at the time you purchased the above referenced home that a Commercial Shopping Center was zoned and planned for development on the site abutting your property and that you do not object to that commercial use at this time if the conditions of the Agreement are car- ried out. 6 . You will arrange for McBail and its subcontractors to have access to your lot and rear yard following notice to you that McBail is prepared to install the subject landscaping. t Reference: Lot 21; Sagewood Subdivision Page 2 January 22 , 1982 If the above is acceptable, please sign where indicated below and return one copy to our construction office in the subdivision. Thank you. for your cooperation and assistance in this matter. Of course, contact Harold or myself if you have any questions . Very truly yours, ACCEPTED: McBAIL COMPANY is / R: Ga r, ICP Dire or Land D ve opment MRG:tls DATE Enclosures : Copy of Preliminary Landscape Plan l RAMP MARKET ' ;A -- a; X bottle tree - typ: 24' box i 1 1 � brazilian pepper - typ. 15 gal, laurel sumac - typ 2 Q REC R i I; 21 i /L-7'- EXIS'TINCA Co'-O' H6H CONC. &-. WA LL PKQPOSL-D Id-O' VVIDe LA.NCSCA%171NG NOit)E 6Lk=F-F-R gY ^DJ."LEN-+t IDPOMKI'Y - ► rt INI . Lhl1nS�PINCa '� �•.� ' L -. - - McBail Company 3732 MT.DIABLO BLVD. • SUITE 390 LAFAYETTE, CALIFORNIA 94549 TELEPHONE 415-284.4900 , January 22, 1982 Alababa Farzaneh 40-345 Sagewood Dr. Palm Desert, CA 92260 Reference: Lot 16; Sagewood Subdivision Dear Mr. Farzaneh: This letter follows our meeting on January 20, 1982 , in: regard .to the planting of additional landscape materials along the rear property line of the above referenced lot, and is intended to serve as an Agreement covering that work. IT IS UNDERSTOOD AND AGREED THAT: 1. As part of the City Conditions of Approval for the Sagewood Commercial Center, the City will require a mature landscaping strip be planted along both sides of the existing block wall located on the common property line with the Sagewood Residen- tial Subdivision. 2. McBail will install said landscaping and irrigation lines, as necessary, along your rear property line in accord with the approved landscape plan, and as specially discussed with you during the meeting at your home. 3. McBail will perform all such work as outlined in item 2 above without cost to you. Said work to be performed following the City approval of the Commercial Landscape Plan and Site De- velopment Plan. 4., McBail will indemnify and hold you harmless from any and all claims and/or litigation if any should arise from work per- formed on your property in connection with this Agreement. 5. You acknowledge that you were aware at the time you purchased the above referenced home that a Commercial Shopping Center was zoned and planned for development on the site abutting your property and that you do not object to that commercial use at this time if the conditions of this Agreement are car- ried out. ' . Reference: Lot 16; ,agewood Subdivision Page 2 January 22, 1982 6. You will arrange for McBail and its subcontractors to have access to your lot and rear yard following notice to you that McBail is prepared to install the subject landscaping. If the above is acceptable, please sign where indicated below and return one copy to our construction office in the subdivision. Thank you for your cooperation and assistance in this matter. Of course, contact Harold or myself if you have any questions. Very truly yours, ACCEPTED: McBail Company Michael R. Gallagher, AICP Director of Land Development MRG:tls DATE Enclosures: Copy of Preliminary Landscape Plan 27 j — ---- IL----- -Y=- ----- -- i FEX! DMNC1 S!WlLE `-•^!LY RE5;DENGE= - \ Coy-O' H6H COW, 61—K, ---- PKQr`Q5&D V-O' yy1DE LMOSCAP NO �f N015E 511-F.-R 6Y ,-'.w.► CEfti'' bwoP'�R-C`r' Owti EK i - 2 SLOPE I I I i r mv f brazilian pepper - typ. 15 gal I ` I, 17 16 mac - typ. 30" box G2tlzr- o:ff ZrS�, 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-06II PLANNING COMMISSION MEETING NOTICE OF ACTION Date: April 7, 1982 Roy William Carver 110 W. Las Tunas San Gabriel, CA 91776 CASE N DP 01-82, ADJ 01-82 and 164 C The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of April 6, 1982. APPROVED BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 788 Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. ..?4 ; RAMON A. DIAZ, SECRETARY , PLANNING COMMISSION RAD/lcr cc: CVWD File Cufo'uzvo o:ff 1RDMz M 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260 TELEPHONE (714) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: April 7, 1982 Bernard K.K. Leung & Associates 73-960 El Paseo, #4 Palm Desert, CA 92260 CASE NO: Case No. DP 01-82, ADJ 01-82 and 164 C The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of April 6, 1982. APPROVED BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 789 Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. 2 � " vi F , RAMON A. DIAZ, SECRETARY PLANNING COMMISSION RAD/lcr cc: CVWD File i PLANNING COMMISSION RESOLUTION NO. 788 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING DEVELOPMENT PLAN, ADJUSTMENT, PRELIMINARY DESIGN REVIEW CASE, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A COMMERCIAL CENTER IN THE PC (2) ZONE. rr CASE NO. DP 01-82, ADJ 01-82 AND 164 C j WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of April, 1982, hold a duly noticed public hearing to consider a request by j . ROY WILLIAM CARVER for approval of a Development Plan, Adjustment for parking, Preliminary Design Review Case and Negative Declaration of Environmental Impact to allow construction of a 92,215 sq.ft. commercial center in the PC (2) (District Commercial Center) zone located at the southeast corner of Monterey Avenue and Country Club Drive, more particularly described as: Lot 104, Tract 11791 WHEREAS, said application has complied with the requirements of the "City. of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-891,, in that the Director of Environmental Services has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration of Environmental Impact has been prepared. 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 to justify their actions, as described below: 1. The proposed project generally conforms to the intent and purpose of the PC (2) zone district. 2. The proposed location of the Use is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. 3. The proposed location of the Use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety, or general welfare, or be materially injurious to properties or improvements in the vicinity. 4. The proposed Use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 5. The proposed Use complies with the goals, objectives, and policies of the City's adopted General Plan. 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 the Planning Commission does hereby approve Conceptual Development Plan No. 01-82, ADJ 01-82, and 164 C subject to those conditions attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert f Planning Commission, held on this 6th day of April, 1982, by the following vote, to wit: i AYES: CRITES, KRYDER, MILLER, RICHARDS, WOOD - NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: GEORGE D. KRYDER, Chairman RAMON A. DIAZ, Secretary /lr PLANNING COMMISSION RESOLUTION NO. 788 CONDITIONS OF APPROVAL DP 01-82, ADJ 01-82 AND 164 C Department of Environmental Services: 1. The development of the property shall conform substantially with exhibits on file with the Department of Environmental Services, as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses 1 contemplated by this approval, the applicant shall first complete all the procedural 1 requirements of the City which include, but are not limited to, Design Review and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date of final approval otherwise said approval shall become null, void and of no effect whatsoever, unless a time extension is granted. 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: Riverside County Department of Health Palm Desert Design Review Board Process City Fire Marshal Coachella Valley Water District 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. Major truck deliveries and trash pick-up for Market to be only between 8 a.m. to 9 p.m. Monday through Friday only. ll 6. Project to be redesigned so that outdoor noise levels do not exceed 70 dBA and J indoor levels do not exceed 45 CNEL, as measured at the residential units to the south, with applicant to submit verified data by qualified noise engineer; revised plan to be reviewed by the Planning Commission prior to submission of final construction drawings. 7. All architecture of future buildings to be compatible, with Design Review Board approval of plans. 8. Trash enclosures for each detached building to be provided; with design and location to be approved by City and local trash company. 9. All public street and parking lot improvements shall be constructed as a part of Phase I. 10. All conditions of the Design Review Board shall be met. 11. Detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards; plan to be prepared by qualified lighting engineer. 12. Driving aisle south of building "D" to Sagewood Drive shall be increased to 24 feet wide with no decrease in landscape planter width along south property line. 13. Parking space and aisles shall comply with Palm Desert Design Standards for off- street parking facilities. 14. Eliminate parallel parking spaces since they are not permitted by Palm Desert Design Standards for off-street parking facilities. 15. 3 to 3.5 foot decorative wall and/or mounding shall be provided to sufficiently screen parking lot area from streets. 16. Setbacks for buildings "E" and "F" shall be increased to a minimum of 20 feet. 17. Aisle to south of market shall be gated for emergency access only. PLANNING COMMISSION RESOLUTION NO. 789 18. Parking adjustment is allowed to a maximum of 10% of the required parking. 19. Market operator to submit letter indicating that he has read the conditions of approval and will abide by same; letter to be submitted prior to issuance of building permit. 20. Parking lot directional stripping and safety signs to be provided; plan to be submitted with final working drawings for approval. 21. Only delivery diesel trucks built after 1974 shall be used. d Department of Public Works: 1. Combined bikeway/sidewalks shall be installed on Monterey Avenue and Country Club Drive as shown on preliminary landscaping plan. 2. Traffic safety striping shall be provided to the specifications of the Director of Public Works. 3. Either installation of one half of median on Monterey Avenue and Country Club Drive or payment of one-half estimated median costs at the option of the Director of Public Works. 4. No median breaks shall be permitted within 660 feet of the Monterey Avenue and Country Club Drive intersection. 5. Grading plan shall be approved by the City Engineer prior to issuance of a grading permit. 6. Signalization fund fees shall be paid prior to issuance of building permits. 7. Complete improvement plans and specifications shall be submitted as required by. Ordinance to the City Engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as built" plans prior to acceptance of the improvements by the City. 8. Landscaping maintenance on Monterey Avenue and Country Club Drive shall be provided by the owner. 9. Existing utilities shall be undergrounded. 10. Sidewalks shall be installed on Sagewood Drive. City Fire Marshal: 1. Install a water system capable of delivering 4000 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County Super fire hydrants so that no point of any building is more than 150 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. C. Curbs (if installed), shall be painted red 15 feet in either direction from each hydrant. 3. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer, and approved PLANNING COMMISSION RESOLUTION NO. 788 by the water company, with the following certification: "I certify that the design of the water system in Case Number DP O1-82 is in accordance with the requirements prescribed by the Fire Marshal." 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 6. The market building shall be fully protected by an authomatic fire sprinkler system. 7. Fire lanes shall be marked as per municipal code. J 1 J� March 18, 1982 CITY OF PALM DESERT LEGAL NOTICE CASES D.P. 01-82 and ADJ 01-82 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by ROY CARVER for approval of a Development Plan, Negative Declaration of Environmental Impact and Adjustment (for a 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as: APN 622-030-021-8 NYN fY U UE .P.R.71 S.P. i D.P. 01-82 ADJ.OI.BZ �ELYO�ORIVf __ - COVXfY OC RIVEPSrOC Xr1.M0 4 .O.EGIi^ LYr! ' ,.XEXV :L.EE CrM1 LIYI, " P I 1?, 2,8wo(8) P.R. 5 - - a I. 1 -- --------- "Al r i r r . ff — c A N c r — -------- LANE 9 c — _ "- Ir'i rl I1IN1 � r(V! ^ inlrr e.%/ C SAID Public Hearing will be held on April 6, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post March 25, 1982 /pa - 1 • I P::f i DL3ERT CITY HALL L P\I._ [i �f DEPT. OF ENVIROMMENTAL SERVICf.S a � O. 60X 1977 ••r.a +•-�t . �?•, ' U PAILAI DESERT, CA 92261 '�." �_....- fZETURN TO ;E:tdDEP NQT DE L..:I:'JE_F{t'tI=L.E IAII ADDRE, iEl7 Monterey Mobile Country Club AT, 324 S. Harbor Blvd. o La$;% Santa Ana, Ca. 92704 'ItRo NINENI ,i. SE'.DICES ENCIYY OF YAu,I ;tT to t y PROOF OF PUBLICATION (20101 2015.5 CCP) PROOF OF PUBLICATION OF LEGAL NOTICE D.P. 01-82 1 am a citizen of the United '— — States and a resident of the CITY OF PALM DESERT i•: .,% LEGAL NOTICE ri dtl, CASES D.P. 01.82 and ADJ 01-62 County aforesaid : I am over the NOTICE m HEREBY GIVEN that a Public Hearing will be held before the Patm;O,eOrt Planning Commission to consider a request by ROY CARVER for apppproval of a DevelopmenI:PAan. age o f eighteen y e a h s, and n O t Negative Declaration of Environmental Impact and Ad I stment (fa a 5%parking deficiency -to a part to o r interested i n the allow the construction of a district shoppinG center In a WV(2) zone(District Commerclal,gey1i Y at the southeast corner of Monterey and Country Club,,more particularly described as:, above entitled matter . I am the APN 622-070-021-8 `"' principal clerk of the printer of THE DESERT POST, a newspaper of general circula- F.x WJ6 r. tions printed and published weekly in the city of Riverside., County _ ' I of Riverside, and which newspaper has been adjudged a newspaper of general circulation by the ""a'h Superior Court of the County of ee. 111pi Riverside, State of California, _ r. under date of October 5, 1964, tes �1s 'rll Case number 836158: that the notices of which the annexed is a printed copy, has been published -:T. , in each regular and entire :issue . i V-4,, of said newspaper and not in any supplement thereof on the following dates, to-wit: - . 03/25 , 1982K � 7eG Cc, n ' wham SAID Public Hearippp will be held on April 6, 1982,at 7:odp.m. In me Council Chambefs In the Palm Desert City Hall,d5-275 Prickly Pear Lane Palm ,Cafifornio,at which time qnd V qce I Certify (or declare) under ail interested persons are Invited to attend and be hea,&.4, RAMON A. DIAZ, Secretary penalty of perjury that the Palm Desert Planning Commission I I .ri;ir foregoing is true and correct. _ - _ PgP*25 Dated March 25, 1982 at Riverside, California CITY OF PALM DESERT Moo �Ile, � APR - ` 1982 ENVIROWAENTAL SERVICES CITY OF PALM OESEP;r ! April 1, 1982 Mr. Ramon A. Diaz, Secretary g&im Desert Planning Commission Palm Desert City IIall 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 REFERENCE: Cases D. P. 01-82 and ADJ 01-82 (APN 622-030-021-8) public Hearing to be held April 6, 1982 at 7:00 PM for Approval of a Development Plan, Negative Declaration of Environmental Impact and Adjustment I am a property owner of Parcel No. 622-020-008-6 (old Parcel No, 621-190-047) bordering Monterey Road and Hoveley Lane, which is south of above referenced development. Since referenced development will have a direct effect on try property and since there is a request for a 5% parking deficiency, I am requesting for my study a copy of the dimensional plan that incorporates all the de- tails of the proposed referenced district shopping center. Also in your response please include the types of businesses that are projected other than normal retail establishments, if available. Very truly yours, E (SHAPIRO) RAFF l/ 801 S. LUCERNE BLVD. LOS ANGELES, CA. 90005 VTN CONSOLIDATED,INC. L SERVICES Post Office Box C-19529 pN1�LNpiR ESERT. 2301CamousDrive E{QVVR OF ppLM P Irvine.California92713 Engineers'• Architects • Plannersit" (714)851-5200 March 31, 1982 3708-012 Tr. 11791 Mr. Michael R. Gallagher McBail Company 3240 Stone Valley Road West Alamo, Califoria 94507 Reference: Analysis of Supplemental Barriers--Sagewood Plaza, Palm Desert Tract 11791 Dear Mr. Gallagher: On March 26, 1982, at a City of Palm Desert meeting with: Ray Diaz , Director of Environmental Services Stan Sawa, Principal Planner Bernard Leung, Architect Michael Gallagher, McBail Company Chris Ema, VTN; the decision was made to insert for acoustical study additional sound walls on the proposed Sagewood Plaza "district commercial center" , see attached Exhibit for location. This analysis supplements the "Noise Study, February, 1982"; so to test the acoustical effect of an additional sound wall configuration. The revisions affecting the "Noise Study" are listed by page number and paragraph. Page 1, I, In addition to the existing six foot high slumpstone con- Crete block wall at the property division between the commercial and residential zones, this analysis tests the proposed effect of a ten (nominal ) foot high .sound wall having the following locations: 1. South side of Fire Lane from opposite the west end of Market to within 97 feet of. Monterey Av east property line, Mr. Michael R. Gallagher Sagewood Plaza March 31, 1982 Page Two 2. South side of Fire Lane from opposite the east end of Market to opposite the project northerly side of the most easterly third unit of Building "C"; along with an eight foot high sound wall at the southerly side of loading ramps E and F. Page 1, I, truck INGRESS; the truck route pattern changes, thereby affecting the westerly/easterly residences. Loading Dock Via E Driveway B F Driveway C EGRESS E Driveway B F Driveway C Page 9, TABLE III-1 : Distance Top of Lot Truck Path Comml . New Wall Cmml . to Lot Lot No. Elev. to Residence Elev. Nom. Elev. Elev. Ft. 12 220.3 145 NA 224 234.8 3.7 13 220.3 80 224 234.5 3.7 14 220.2 67 224.5 234.5 4.3 15 219.5 145 224.5 235 5 16 219.2 92 225 235 5.8 17 219.0 77 225 234 6 18 218.8 100 225 234 6.2 19 218.6 150 225 233 6.2 20 218.3 180 224.5 232.5 6.4 21 218.1 150 224.5 233.5 6.6 37 215.3 90 223 233 9.2 38 215.6 61 222.3 232.5 7.4 39 215.8 52 221 .5 231.6 6.2 40 216.1 107 221 .5 231.5 5.9 41 216.5 178 221.5 231.5 5.5 42 216.9 255 221.5 231.4 5.1 NA = House on Lot 13 becomes a barrier to Lot 12. I� i Mr. Michael R. Gallagher Sagewood Plaza March` 31, 1982 Page Three Page 12, TABLE III-2: SINGLE EVENT BACKYARD BARRIER RESULTS, dBA Lot Truck (@ Patio) minus Barrier equals Exterior 12 79.1 9.3 68.8 NA 13 83.9 12.4 71.5 14 86.1 12.7 73.4 15 79.1 9.3 69.8 16 83.2 11 .2 72.0 17 84.8 11 .3 73.5 18 82.4 11 .0 71 .4 19 78.8 5.7 73.1 20 77 .1 6.0 71.1 21 78.8 6.7 71 .1 37 83.4 11 .8 71.6 38 87.0 14.3 72.7 39 88:5 13.4 75.1 40 81.8 10.2 71.6 41 77.2 7.8 69.4 42 74.0 7.0 67.0 42 73.2 -0- 73.2 NA = House on intervening lot becomes a shield barrier; this calculated value would be without the house barrier. V� �r Mr. Michzel R. Gallagher Sagewood Plaza March 31, 1982 Page Four , Page 12, TABLE III-3: SINGLE EVENT RESIDENCE BARRIER RESULTS, dBA Truck Lot (@ Residence) minus Barrier minus Window. Interior 11 75.3 7.8 25 42.5 NA 12 78.8 8.5 25 45.3 NA 13 83.9 10.9 25 48.0 14 85.5 10.9 25 49.6 15 78.8 8.6 25 45.2 16 82.7 9.8 25 47.9 17 84.2 9.5 25 49.7 18 82.0 9.3 25 47.7 19 78.5 5.5 25 48.0 20 76.9 5.7 25. 46.2 21 78.5 6.3 25 47.2 37 82.9 . 10.4 25 47.5 38 86.3 10.6 25 50.7 39 87.7 11.7 25 44.7 40 81.4 9.0 25 47.4 41 77.0 7.0 25 45.0 42 73.8 6.6 25 42.2 42 73.0 0 25 48.0 82 73.5 8.9 25 39.6 NA = House on intervening lot becomes a shield barrier; this calculated value would be without the house barrier. RECOMMENDATIONS Page 9, Table III-1, "NOM ELEV" column: 1. The "new ten nominal foot highwall will have to be designed, fo r: a. material , b. thickness, C. expansion joints, d. final elevation, e. footings, f. relationship to landscaping Yt L rl Mr. Michael R. Gallagher Sagewood Plaza March 31, 1982 Page Five Page 11; par. 3: 2. If the truck utilized to service the proposed market was a 1974 model (or later) vs a 1969 model ; then .a 5 dB benefit/reduction in impact would be realized. The Tables III-2 and 3 of this letter could then have all single event values in their last column reduced by 5 dB. Page .22, par. V: 3. The "Interior" Recommendations should still be effected. Sincerely, VTN CONSOLIDATED, INC . Chris E. Ema Associate CEE:glw vtTM Y r March 18, 1982 CITY OF PALM DESERT LEGAL NOTICE CASES D.P. 01-82 and ADJ 01-82 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by. ROY CARVER for approval of a Development Plan, Negative Declaration of Environmental Impact and Adjustment (for a 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as: APN 622-030-021-8 CUVx.v U IOE P.R. 71 SS P. i P.P. OI-82 ADJ.OI-82. COVM1I. Of 91VERlIOE :.NCMO N RpI <Ix. lex RRNCNO NIN.OE [Rv uNl. P I rswom i p.k. 5 I. Ah I � ----- LAN E II` I I. SAID Public Hearing will be held on April 6, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post March 25, 1982 /pa N \ ^ . 20 FD,LFd DESERT CITY HALL. DCf7. Cc p4,41R, XE19n SE$V1C 61- CA NO P J"a 7 � 4t All Property Owner c� 40-312 Orch' tree Ct. Palm De ser CA 92260 March 18, 1982 CITY OF PALM DESERT LEGAL NOTICE CASES D.P. 01-82 and ADJ 01-82 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by ROY CARVER for approval of a Development Plan, Negative Declaration of Environmental Impact and Adjustment (for a 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as: I APN 622-030-021-8 OUNty Or RSIOf P.R 71 S.P. 01-82 ADJ.OI-82 <O V N YNY�OLUt�pelvF __ COVMfY Of RIYEReIOf ;pNCXO Y .OE <li^ LIYI! - .... Ee-IR at lez Yzeyz `� ' t ReFCXO NeROE [IIv LIYIt R ._a------_r.. I . . 1 C L n N C Y __ __.____— L E - ------ , i N -i rin C/.. . itl 1j 'Ii "iln,:n 1..— SAID Public Hearing will be held on April 6, 1982, at 7:00 p.m:; in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post March 25, 1982 /pa PALM DESERT CITY HALL DC'T. ya nq OF ENVIRDfJMENTAL SERVICES ` t F P. O. Box 1977 � � : [['� [ ( p P:Ltd DESERT, CA 92251 �:'. iJ'.R c,' ��5 E Z 1 1- C O D v 4 Property 0 er 40-361 Sa wood Drive Palm Desert, CA 92260 ON,�F'CA� `✓y✓ Cx DF C� 7: ��WfWMe"' 1 TM EJ March 18, 1982 CITY OF PALM DESERT LEGAL NOTICE CASES D.P. 01-82 and ADJ 01-82 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by ROY CARVER for approval of a Development Plan, Negative Declaration of Environmental Impact and Adjustment (for a 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as: APN 622-030-021-8 P.R. 715.Y. i D.P. 01-82 ADJ.OI-82_ L OUX YRY�LL V e�pRIVF [OVXfY OF RiVERe�OF .X.xO x pXOE Llil LIF z.. a-I OR 1.z .re-u RRXCxO MIRXOf dtY LIXIf i R'"WO(s) Ti + a � I i ----.------ 4,41 SAID Public Hearing will be held'on April 6, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post March 25, 1982 /pa IAuM CEEEi2T CITY HALL 0' T. OF ENVIRONMENTAL SERYICF P. 0. BOX 1977 3 1 PAL61 DESERT, CA 92261 Property Owner/ 40-362 �agewood Drive cC, ��Ncp. Palm Deser CA 92260 tNV\g OF P CO March 18, 1982 CITY OFVALM DESERT i. - '-tkGAL NOTICE CASES D.P. 01-82 and ADJ 01-82 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by ROY CARVER for approval of a Development Plan, Negative Declaration of Environmental Impact and Adjustment (for a 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as: APN 622-030-021-8 .Rsmf P.R.71 S.R i D.R 01-82 ADJ.oI-82 C OYY E.Y�OLVE�pXIVE __ LOUX.. Of RIVfXflO[ 9.XCX0 4 .�E LIiV 4YIE - �� R.XL40 INIX.UE CITY LI41. " P i � R 2 groo(e) I a ' i •• • � ..1E..9El -lrf�'•ems Ii = CLGNCY .- ---_ _—__— ....... 1�L= LANE - ____----- `,.-_ _.-O.Y. h --- - I'gll; SAID Public Hearing will be held on April 6, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post March 25, 1982 /pa l�F,Lth DE3tRT C1 CY• ti SEH�IL�S° ., +'� \ bEFi. OF EP��D�yp E1977 92� PAW s RETP. � 'iGCE s2 Property 0 ner tv4 Palm4DeSerwoCA 92260 ENIA-K o�E�A�° DESE YEs ,IN d 1` March 18, 1982 CITY OF PALM DESERT LEGAL NOTICE CASES D.P. 01-82 and ADJ 01-82 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before' the Palm Desert Planning Commission to consider a request by ROY CARVER for approval of a Development Plan, Negative Declaration of Environmental Impact and Adjustment (for a 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as: APN 622-030-021-8 E RReIR1 P.R.7 5.P. D.P.01-82 ADJ.OI-82 COVNIRT�OIVe�YR1VE __ [OVM1„ Oi 91VEReOE RNNCMO N R0; OITi tl Mai — � R.NCNO NIRROf CITY 11N11 '" P I R 2,8coo(8) 10 :aemsz�-- I , I CLANCY --.. _—_ _____ LANE — I`... IpIP111111��1111 _--_____� _ �:�`: - - - --r-- ---- - - :..:...........: Mar C SAID Public Hearing will be held on April 6, 1982, at 7:00 p.m.; in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California,•at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post March 25, 1982 /pa PALM DESERT CITY i v OF ENVIRONMENTAL SERVICES DEEYf. F. 0. B0% 1977 PnLtS C:SERT, CA 92261 Property drier Palm Desert, CAcjd Drive �Nv`Rp aE 4P�1 oESE�j Palm Desert, CA 92260 c�� March 18, 1982 . CITY OF PALM DESERT LEGAL NOTICE CASES D.P. 01-82 and AD7 01-82 NOTICE I5 HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by ROY CARVER for approval of a Development Plan, Negative Declaration of Environmental Impact and Adjustment (for a 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as: APN 622-030-021-8 irISrUE i "P.R 71 S.P i i D.P. 01-82 ADJ.OI-82 COUMiYV�eIVE�YeIVf __ COUM1I. Ox 91VENE10[ LM1.NO NII.OE Clir llYli � .•+ a-11 as rex s.xe-u NCM1crro w�Ncoe nr. \INIr "" � P I i C. -riSC]:, CLANCY A NEram__ - -- i; ;- ..r.� II ,,`rlrr IrL; III i L (� !.•• 13 SAID Public Hearing will be held on April 6, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post March 25, 1982 /pa HALL PALM DESERT CITY - r -PT. OF P Vl0ROgOXE1977E6 S PALM CSESTI, CA 9�61 U, " v\ yy�V\RO OFEp��t Propert wner� �`r ^� ----_ x 40-353 garbrush Ct. 17nf1 R � Sj Palm D sert, CA 92260 AGENDA ITEM NO: III-B-2 DATE: March 9, 1982 DESIGN REVIEW BOARD CASE NO: 164 C APPLICANT (AND ADDRESS): ROY CARVER, 110 West Las Tunas, San Gabriel, CA 9.1776 & BERNIE LEUNG, 73-960 El Paseo, Palm Desert, CA 92260. NATURE OF PROJECT/APPROVAL SOUGHT: Approval of preliminary landscaping and elevations for a commercial shopping center. LOCATION: Southeast corner of Country Club Drive and Monterey Avenue. ZONE: PC (2) DISCUSSION: The applicant is proposing the construction of a 92,215 square foot retail commercial facility. The major facility will be a 44,262 square foot market. Adjacent to and connected to the market are two additional buildings having a floor area of 14,400 square feet. The remaining 33,553 square feet will be in six separate buildings distributed throughout the total lot. The site has a total area of 9.060 acres. SITE PLAN AND PARKING: The site plan and parking for the site will be reviewed by the Planning Commission when it reviews the Development Plan at its April 6, 1982, meeting. ELEVATIONS: Proposed building elevations have been submitted for the market and the adjacent buildings on each side of the market. The typical storefront elevation shows a 1 story, 23 foot high building with a red mission tile roof extending to a five foot high plaster finished facia. The facia rests on a series of pillars 20 feet apart. The pillars are decorated with bands of brick veneer on top and bottom. Individual tennant signs are proposed on the facia area. The actual front of the units is recessed some 13 feet back from the pillars. The most significant features are the 30 foot high towers located at each end of each building. The front elevation of the market is that of a one story structure 22K feet high. Two entry areas to the market are proposed. Over the entries and the glazed areas a roof canopy is proposed which sits on a series of pillars. The main wall treatment is finished plaster. The roof canopy's exposed edge is finished in dark brown wood. The proposed rear elevation, adjacent to the residential development to the south, will be a maximum of 21 feet high and finished in concrete block. Additional treatment to this elevation should be considered to provide compatibility with the adjacent residences. LANDSCAPING: The proposed landscaping of this development is important for several reasons. In addition to serving the usual purposes of breaking up the extent of the parking lot and softening the extensive nature of buildings of this size, the landscaping will to a large part, help to ameliorate any adverse impacts generated by the commercial development on the residential development to the south. The residential development to the south is physically lower than the subject site. Along the north property line of the residential development a six foot high block wall exists along with a planting buffer on the south side of the wall. - 1 - DESIGN REVIEW BOARD CASE NO. 164 C MARCH 9, 1982 LANDSCAPING (CONTINUED) Since family residences exist on property to the south, applicants of this commercial development are proposing an intensive landscape treatment to soften the block wall and are also proposing vertical growing trees to reduce the effect of the commercial development on the residential area. The landscape plan as submitted is a preliminary plan and specific materials to be installed are not delineated. That information can be provided on the final landscape plan. The present plan does indicate groups of materials from which specific species will be selected. Loading areas are proposed on the east and west side of the market. The landscaping around the loading areas should address the problems related to loading areas. Intensive planting in this area may mitigate some of the problems. Across the front of the market, six rows of parking are proposed. In order to break up this extent of asphalt, the applicant should install some tree wells along the common center line of each row of parking. CONCLUSION: The plans as submitted appear acceptable to Staff to grant preliminary approval. The Board should review them and determine acceptability. RECOMMENDATION: That application 164C be granted preliminary approval subject to the following conditions: 1. Construction plans shall be submitted for approval to the City Fire Marshal prior to issuance of building permits. All conditions shall be made a part of construction and no certificate of occupancy shall be issued until completed. 2. Final construction drawings, including a final landscaping, grading, lighting, amenities, trash storage, walkway layout, irrigation plans and sign program shall be submitted to the Design Review Board. No final inspection or occupancy permit shall be given by the Department of Environmental Services to this project until the aforementioned approved plans and construction shall have been completed. 3. Additional tree wells be provided in-the double rows of parking in front of ttie market-area. /pa c _ 2 _ 12i,.. RSG J .a 1 v� � i 3`'•c J,`�,3��':F b'. �ya[ �(',^.�',FJ wtlJ�. �� ib^I 3::s x r a d9 !_ �� i r, ' r^QA,�j .OQ�110l,�6 r :,• ��,nr,, �a ti• 'a3M^`a'iQi•Ai;G'[��y y-� 1 t-..•t I 1-�"'� �i� L ..a-y � fa '1'� s , tLL[�, , F }. �S ,i Ao rA LI - r i� � � �:'� �• F elf, _ �onnnt�2:i tl�r � n�i� J ���( 4�4 ;„ \ I r ', x - .,•� �� 'o Y7 ):�aCd�A�d�3 � a1i8: � EI, g: V �_ _ - " t rf i. i j�, i \lily` `" e � �>��g -��. r{ �n: � . �I �•IrL okra ,. '.� �. '(� :• •y''!-_' lop - r rt aw i' . . I , Jft i a I 1 J ,-; � t ) � - '-T1'Pi�d: p .•-mot' t t' '4. '�""^ a P.#,,�y, ''J'' ,ti• aa• x r4.' ..�� sl}[, + - ,L( ; ' �; c ��_ - y �•lfYd'h:�7dMy! '. �+a, 1. �Yn✓�rW •�'�.+JZG'�'L!+ h-'f,'^' �?1�t "f'2' <,i xy � 4 .4r" { � .� i�� r _/'`—V` M :4:t y� - •,„+� FY�'a}��ca;w rGS�e'ct, <!Yi a5�;�-� i.'� �y' < .� sr 'k�;'�" � r t• ' t �., }.:, y 1� In J`�`7 �b'-. <�1'.a ��i�i�?'L .umiy4'-a' 't Ev"r"i ...�- * ^�� `[. +"� •+{(F. (.�eve• �'Y�ai.'"•orelccl3"y ' a 1 f .. i^ i iIMYE%k1R 0 r� • I �V L STIRRER R MARKET " PARTIAL ELEVATION - NORTH x \ MARKET . KTORK• ._ O Mibi-61,IX vEtic Ell d .d . PARTIAL- ELEVATION_- NORTH T r�� ," - - .. _f.�_.,l�v� 1 - sue._,•. ";a -�zy vv.t,a ..J -PVC."y A -�-::z•.�- - � .. o `ra r �u,l o,rs . �1 _ � �j4 -r• ''fE. � �5.� Yrb� — is .fit•'".Y - '��; i TYPICAL STOREFRONT ELEVATION � I 3 . G y � FRONT ELEVATION = MARKET f G r Y ' ------ , { ;REAR ELEVATION - MARKET Try 1 Was e � N ELEVATION - STORES r v . _„ INTEROFFICE MEMORANDUM City of Palm Desert MAR - 5 1982 TO: Director of Environmental Services 'NCITY OF WR N ENTAL SERV��ES PALM DESERT FROM: Director of Public Works SUBJECT: DP O1-82 SAGEWOOD PLAZA DATE: March 5, 1982 The following should be considered as conditions of approval : (1 ) Commercial ,width .,sidewalks shall be installed on Monterey Avenue and Country Club Drive. (2) Traffic safety striping shall be provided to the specifications of the Director of Public Works. !I (3) Either installation of one half of median on Monterey Avenue and Country Club Drive or payment of one-half estimated median costs at the option of th� Director of Public Works. (4) No median breaks shall be permitted within 660 feet of the Monterey Avenue and Country Club Drive intersection. (5) Grading plan shall be approved by the City Engineer prior to issuance of a grading permit. (6) Signalization fund fees shall be paid prior to issuance of building permits. (7) Complete improvement plans and specifications shall be submitted as regIuired by ordinance to the City Engineer for checking and approval before construc- tion of any improvements is commenced. The subdivider shall submit "as built" plans prior to acceptance of the improvements by the City. (8) Landscaping maintenance on Monterey.Avenue and Country Club Drive shall be provided by the owner. (9) Existing utilities shall be undergrounded. BARRY ELLAN, P.E. DIRECTO OF PUBLIC WORKS BDM7ms JI RIVERSIDE COUNTY FIRE DEPARTMENT � } IN COOPERATION WITH THE c� �• GOIINTy �� � CALIFORNIA DEPARTMENT OF FORESTRY `RIVERSIDF "o e:, DAVID L. FLAKE COUNTY FIRE WARDEN 210 WEST SAN JACINTO STREET February 24, 1982 PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 70-800 Highway 111 Rancho Mirage, CA 92270 Ramon A. Diaz Director of Environmental Services 5)���y/� 5��.` 41 '•) City of Palm Desert `da 45-275 Prickly Pear Lane Palm Desert, CA 92260 Reference: Case No. DP-01-82 ��RON�AENTAL SERVICES E CITY OF PAS M DESERT Dear Mr. Diaz: Prior to the construction of any of the proposed buildings, the following conditions must be met: 1. Install a water system capable of delivering 4000 GPM fire flow for a two (2) hour duration in addition to. domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants so that no point of any building is more than 150 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. C. Curbs (if installed) , shall be painted red 15 feet in either direction from each hydrant. 3. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer, and approved by the water company, with the following certification: "I certify that the design of the water system in Case Number DP 01-82 is in accordance with the requirements prescribed by the Fire Marshal." 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. Ramon A. Diaz February 24, 1982 Palm Desert, CA Page 2 6. The market building shall be fully protected by an automatic fire sprinkler system. 7. Fire lanes shall be marked as per municipal code. Sincerely, DAVID L. FLAKE County -Firr`eJWar en sy ERIC L. VOG Fire Marsha gf cc: Jim Zimmerman C.V.W.D. RANCNC) MIRAGL 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260 TELEPHONE (714) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL ^� CASE NO: DP 01-82, ADJUSTMENT 01-82 r. +; •;, ). i s t� "ty .. PROJECT: "SAGEWOOD PLAZA" F lg%2 t�iF�R APPLICANT: ROY CARVER sEsv�cEs - NVLR��°rE Enclosed please find materials describing a project %r,' 'wfi:ch the following is being requested: Approval of a Development Plan, Negative Declaration of Environmental Impact and Adjustment (fora 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as APN 622-030-021-8. The attached data was prepared by the applicant and is. being forwarded to you for comments and recommended Conditions of Approval.. The City is interested in the probable impacts on the natural.environment (e.g. water and air pollution) and on public. resources (e.g. demand for schools, hospitals, parks, power generation, sewage treatment, etc.). Your comments and recommended conditions of approval must be received by this office prior to 5:00 p.m. March 4, 1982, in order to be discussed by the Land Division Committee. The Land Division Committee (comprised of Director of Environmental Services, City Building Official, City Engineer, Fire Marshal and a representative of CVWD) will discuss the comments and recommended conditions of approval and will forward them to the Planning -Commission through the staff report. Any information received by this office after the receipt deadline will not be discussed by the Land Division Committee nor will it be forwarded to the Planning Commission for consideration. Sincerely, amon A. iaz Director of Environrr aI Services /pa PLEASE RETURN MAP WITH COMMENTS �-i l GttNzv- oil TF12� , =®=(�np-1270 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 DEPARTMENT OF BUILDING & SAFETY PRELItMMY REVIEW OF PLANS THIS IS NOT A PLAN CHECK! DEVELOP=: 00211ENTS: BEFORE ANY FURTHER CONAEN7TS CAN BE MADE, ADDITIONAL INFORMATION IS NEEDED FOR REVIEW. . . mCOMPLETE ARCHITECTURAL DRAWINGS AND SPECIFICATIONS STRUCTURAL DRAWINGS AND CALCULATIONS 014PPLETE H.V.A.C. , ELECTRICAL AND PLUMBING PLANS & SPECIFICATIONS COMPLETE TITLE 24 ENERGY CONSERVATION DOCLN)ENTVTATION :�>COMPLETE GRADING PLANS OTHER JOE P 0, SR. DATE G DIRECTOR OF BUILDING & SAFETY G201zr o:ff IFI�um 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260 TELEPHONE (714) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL CASE NO: DP 01-82, ADJUSTMENT 01-82 PROJECT: "SAGEWOOD PLAZA" APPLICANT: ROY CARVER Enclosed please find materials describing a project for which the following is being requested: Approval of a Development Plan, Negative Declaration of Environmental Impact and Adjustment (for a 5% parking deficiency) to allow the construction of a district shopping center in a PC-(2) zone (District Commercial Center) at the southeast corner of Monterey and Country Club, more particularly described as APN 622-030-021-8. The attached data was prepared by the applicant and is being forwarded to you for comments and recommended Conditions of Approval. The City is interested in the probable impacts on the natural environment (e.g. water and air pollution) and on public resources (e.g. demand for schools, hospitals, parks, power generation, sewage treatment, etc.). Your comments and recommended conditions of approval must be received by this office prior to 5:00 p.m. March 4, 1982, in order to be discussed by the Land Division Committee. The Land Division Committee (comprised of Director of Environmental Services, City Building Official, City Engineer, Fire Marshal and a representative of CVWD) will discuss the comments and recommended conditions of approval and will forward them to the Planning Commission through the staff report. Any information received by this office after the receipt deadline will not be discussed by the Land Division Committee nor will it be forwarded to the Planning Commission for consideration. Sincerely, amo� iaz` z . Director of Environ al Services /pa PLEASE RETURN MAP WITH COMMENTS INVOICE AUTHORIZATION THE COACHELLA VALLEY LAND INFORMATION CENTER IS HEREBY AUTHORIZED TO PROCESS A "P.E.R.S." REPORT ACCORDING TO THE INPUT INFORMATION PROVIDED ON THE ACCOM- PANYING FORM ENTITLED "P.E.R.S. REPORT REQUEST", WITH PAYMENT TO BE MADE BY (CHECK ONE) : EMI CHARGING TO C.V.L. I .C. ACCOUNT N QI - 14-700- 3 Oa- [::] CHECK MADE PAYABLE TO COACHELLA VALLEY LAND INFORMATION CENTER PLEASE NOTE -- COACHELLA VALLEY LAND INFORMATION CENTER'S LIABILITY FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THIS PROJECT SHALL NOT EXCEED THE TOTAL AMOUNT RECEIVED BY THE COACHELLA VALLEY LAND INFORMATION CENTER WITH RESPECT TO THIS PROJECT. IN NO EVENT SHALL THE COACHELLA VALLEY LAND INFORMATION CENTER BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING , WITHOUT LIMITATION, LOSS OF ANTICIPATED PROFIT. SIGNED: (PERSON) (TITLE) G� aft �..�- I��•T (ORGANIZATION) COACHELLA VALLEY LAND INFORMATION CENTER (CVLIC) 47.7 SOUTH PALM CANYON DRIVE SUITE 9 • PALM SPRINGS CALIFORNIA 92262 1 COACHELLA VALLEY LAND �RMATION CENTER (CVLIC) 477 SOUTH PALM CANYON DRIVE • SUITE 9 PALM SPRINGS • CALIFORNIA 92262 P.E .R .S. FOR OFFICE USE ONLY: DATE RECEIVED DATE SENT OUT REPORT REO U EST CLIENT REFERENCE CODE ACCOUNTING CODE REFERENCE NUMBER REQUESTED BY: NAME ST,41J 514WA TITLE ?"60:4 tL fLAQtJ'M F I RM / AGENCY _44-r%l Or- I .%L,Jk L .JZT ADDRESS 492.75 P41C- Y P5Xr- LAj )jr, •mow+ -Dz6 . " Gz�1Q o TELEPHONE (-7/4 ) 24b -01oI APPLICANT NAME Roy 6,44V'— _ DEVELOPMENT PROJECT NAME 00 APPLICATION DATE Z I $ 8 Z. nn LOCATION OF SITE Go c4 Ave ,, GoUNTK ROW q I COLUMN I0-i (FROM CVLIC REFERENCE MAP) ' SIZE OF PROPERTY (APPROXIMATE ACRES) P.D& SEARCH RADIUS ( IN INCREMENTS OF 660 FEET) to O PROPOSED TYPE(S) OF DEVELOPMENT (PLEASE CHECK AS MANY AS APPROPRIATE) : Q LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL 0 HIGH DENSITY RESIDENTIAL TRANSIENT ACCOMMODATIONS (] STRIP COMMERCIAL / OFFICE (] COMMUNITY COMMERCIAL / OFFICE REGIONAL COMMERCIAL / OFFICE Q WHOLESALE COMMERCIAL / WAREHOUSE / MANUFACTURING TRANSPORTATION Q COMMUNICATIONS / UTILITIES GOVERNMENTAL / CULTURAL / INSTITUTIONAL [] RECREATION / OPEN SPACE / AGRICULTURE Constance Lum Silktree Homeowners Assn. c/o Helen Mancou % McBail Co. P. O. Box 4079 3732 Mt. Diablo Blvd. #309 Palm Springs, Ca. 92263 Lafayette, Ca. 94549 Mayer Group Inc. Mr.&Mrs. Eugene Moskow 8121 E. Florence Ave. 40328 Sagewood Dr. Downey, Ca. 90240 Palm Desert, Ca. 92260 Monterey Mobile Country Club Mr.&Mrs. Michael Rango 324 S. Harbor Blvd. 40387 Sagewood Dr. Santa Ana, Ca. 92704 Palm Desert, Ca. 92260 Nancy Troy Mr.&Mrs. Malcolm Sanford c/o Cascade 2275 W. 25th St. 835 Myrtle Ave. San Pedro, Ca. 90732 Brooklyn, NY 11206 Foundation for Retarded Gennie Bearden Children Lucille Griffin P. O. Box 1183 40377 Moonflower Ct. Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 James Kaul Mr. John Hansler 10542 Grove Oak Dr. Louise Houston Santa Ana, Ca. 92705 40365 Sagewood Dr. Palm Desert, Ca. 92260 McBail Cwpany. Mr.&Mrs. Thcuas Allen 3732 Mt. Diablo Blvd. #390 40311 Sagewood Dr. Lafayette, Ca. 94549 Palm Desert, Ca. 92260 Mr.&Mrs. Norman Lubinsky Mr.&Mrs. Irving Groden 40357 Sugarbush Ct. 40111 Portu Laca Ct. Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Mr.&Mrs. Dennis Parrish Mr.&Mrs. Milton Moore 40355 Sugarbush Ct. 7536 Brookmill Rd. Palm Desert, Ca. 92260 Downey, Ca. 90241 Mr.&Mrs. Ali Farzaneh 40345 Sagewood Dr. Palm Desert, Ca. 92260 Mr. Denver Johnstone 40329 Sagewood Dr. Palm Desert, Ca. 92260 Property Owner Property Owner 40-383 Hoonflower Court 3 40-362 Sagewood Drive Palm Desert, CA 92260 Palm Desert, CA 92260 Property Owner Property Owner 40-377 Moonflower Ct. 40-344 Sagewood Drive Palm Desert, CA 92260 Palm Desert, CA 92260 Property Owner Property Owner 40-367 Moonflower Ct. 40-336 Sagewood Drive Palm Desert, CA 92260 Palm Desert, CA 92260 Property Property Owner 40-367 Moon er Court 40-320 Sagewood Drive Palm Desert, CA 60 Palm Desert, CA 92260 Property Owner Property Owner 40-361 Sagewood Drive 40-353 Sugarbrush Ct. Palm Desert, CA 92260 Palm Desert, CA 92260 Property Owner Property Owner 40-347 Sagewood Dr. 40-304 Orchidtree Ct. Palm Desert, CA 92260 Palm Desert, CA 92260 Property Owner Property Owner 40-341 Sagewood Drive 40-312 Orchidtree Ct. Palm Desert, CA 92260 Palm Desert, CA 92260 Property Owner Property Owner 40-337 Sagewood Drive 40-107 Portulaca Ct. Palm Desert, CA 92260 Palm Desert, CA 92260 Property Owner 40-333 Sagewood Drive Palm Desert, CA 92260 Property Owner 40-325 Sagewood Drive Palm Desert, CA 92260 I f 4 I I o . I N �•, rcA, rr.r St SE4 SEG6 TJS.R.6E. I W I It ___-- •�' I I _O - - - _ -- - _ — _ EotdA- _ O I j O 1 •e Ipr f,' - ( 119.74Ae LOr N-N 1 � 1 l'7 � 39.J1 1 I •.Ir , (/1Z .e41/ 4•l.0 .f! Jn ea - ..>p.> �!> lAtN s w1 �' uN � 03 • ; 11 y y • 03 � i� ve.t , 1 • w 9J0K Z906A[ V Ze./e It..t VI 'J IOr/ ' • O ® O O O ® w O O �• ,l t>I[ IIJI[ ![ 966K 9614 No 1 SJK 2 � ♦ I • I, 51oJ Arm i i 1♦ it• I b O 1 I IOW 1 mu I Q + .Jfr)•'r I\It y JJ/rf )JII. LI/< eI/ .4J • U.J[ U.t/ a fri! [ V ♦ ,. I Jssa[ .lt![ •n" I73 ./JIt .1J 415At anK V:'Isle 4.nKV 1 . V ♦ 1 400 I ' m% I1J![ !lJ![ 13 A. V4m" ♦nA[ QJK !NK IZJK 415K 115Ae NJKV .1 wa+ JI'. r ii 4?3� 04t I[ 11JJt Nr.•if•!..! tc>.a m.4. _ ter.re ..Jt i na> _ - I.... S4N INFRES4 OR. .•...+. .,-+ !>e>.0 POR. NW//4 NW14 SEC 8 , T 5 S.6E POR.C/TY OF PALM DESERT. . rR.A. 1841 622-03 BK • B20 71 JJ I�j JO I• •-<• ,ee 41 45 • 906nr 15 ; 1 //F �• IpyyI � x r . +CIA+ __'• /o �' s• f ,pJ •M , ¢�I � M/I.yJ I'If-B _ 3.el�t�_ , �J> a /'• • ^O ° ©.I)t `I �< - •„a^� 1•® ° s ..e..r r..`..s r� �!• a SKKY.�"'T x—.�'• ,.. i Ct �� a •'.J,:Ji `f�• ,�S�S6l::"O<� oz • +a ♦� : 4 • � J•� / to • '•• ® Jz �• .+.., . ,. y ;e +� f� .1.)e nr/ aYnf<•, ..,` 17/L[ ,® �f JI i v I sL a `` 1O.x,J J ` I b NWT 8i B1'1's v JO JO ° •,.r • 0 !O' . ,! ° 4 JI• �� 9 J �ee.• � L0 Q O �• '� • \ •• •JJ�•` ° O °I , J — so 30 A ��..{JJ{((,�5 .e.v JO JO �r �'®' �2 B0''•O'8 .J• >BF�_ >9 , , JO + zz O !n JB.J+•' ^'-,•± JJO may. i © B l n ` ♦ e 1 •f �!C���p �'�Ei /: �• Jdd' C�J,I�' 36„o• ; •, : •'•'s f1T'`R °! ® 19 roc n : Qs.s„ ��� � e> 0� °s/ ` ,.n •>z '' "I ; .. „< .�' .•' O .sl . s> Q • Y �y �n lC•r �.,✓ se s< 1 � 11 O l JJ i JI B ,^Yg x Y Id •`,• J I ` � Q ® ? Q b ,�,f 2 '': �J ex•O 1 e JB © ° � n STEWART TITLE COMPANY 700 EAST TAHQUITZ-MCCALLUM, SUITE H • PALM SPRINGS, CALIFORNIA 92262 (714) 320-1101 Sanctity of Contract November 3, 1981 To Whom it May Concern, We certify that the following Record Owners are for a 300 foot radius around the property described as follows: Lot 104 of TRACT 11791, as shown by map on file in Book 104, pages 19-23 of maps records of Riverside County, California. Attached you will find maps for the property in question and a list of the Record Owners current as per the Tax Assessor rolls dated March of 1981. If we may be of further assistance please do not hesitate to contact us. Sincerely, 1/a' �j "l Dian Newman Customer Service q1 ATEq ESTABLISHED IN 1918 AS A PUBLIC AGENCY ��STRICj COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 COACHELLA, CALIFORNIA 92236 • TELEPHONE (714) 398-2651 DIRECTORS OFFICERS RAYMOND R.RUMMONDS,PRESIDENT LOWELL O.WEEKS,GENERAL MANAGER-CHIEF ENGINEER TELLIS CODEKAS,VICE PRESIDENT BERNARDINE SUTTON,SECRETARY JOHN P.POW ELL VICTOR B.HARDY,AUDITOR PAUL W.NICHOLS REDW IN E AND SHERRILL,ATTORNEYS STEVE D.BUXTON February 16, 1982 File No: 0421,1 State of California 0721.1 Division of Real Estate 107 South Broadway, Room 8003 Los Angeles, California 90012 Re: Domestic Water and/or Sanitation Service For area described as Lot .104 Tract 11791 Located in Sec. 8 T 5 S, R 6 E, S.B.M. The information contained in the paragraph(s) checked below is/are applicable to the above described area. This letter does not cover financial arrangements or construction status. X 1 . The Coachella Valley Water District, in accordance with the District's currently prevailing regulations will furnish these services to this area: r�--77 Water 1,8.lSan i tat ion 2. The area must be annexed to these Improvement Districts to obtain services: QWater I .D. No. MSanitation I .G. No. x _3• The current monthly sewer charge is $7,50 per dwelling Unit. This is the the prevailing charge throughout the Service Area. 4. Other Very truly yours , rFE3191982IAOZ ENVIRONMENTAL SERVICES �7�/ Lowell 0. Weeks CITY, OF PALM DESERT, General Manager-Chief Engineer C: ra cc: Riverside County Planning Comm, Department of Public Health, Riverside Dept. of Public Health, Tndi(TRUE CONSERVATION Bernard K. K. Leung & Assoc. , USE WATER WISELY Palm Desert V It, 45-275 PRICKLY PEAR LANE, PALM DESERT CA. 92260 BPO M YVVS ***DEVELOPMENT PLAN*** DEPARTMENT OF ENVIRONMENTAL SERVICES. COMMERCIAL PLANNING DIVISION ROY " WILLIA►N, GRRVER Applicant (please Print) " 11L) \N. LPs -f�NAs 213 2$5�2132 Mailing Address ` - Telephone SAN CjNe F`%IEL CA "11TIC0 City State Zip-Code REQUEST: (Describe specific nature of approval requested) API',o�[RL OF FRELItV\ir4 CRY DI=VEL-OPamsEN-T PLANS (SATE LAND ScAPINIG . ELE ATIoNS� PROPERTY DESCRIPTION: 101 o1= TNAc.-T 11791 As SHOWN IrA MAP ON PIL.C. 14 I boo►, 104 PAGES 19-23 oP MAP RECoQC�S ©F (iI V G RSIl7E GDUNT`(/ fAL1FCY%WA.- ASSESSORIS PARCEL NO. GVZ--030- oZ I - b EXISTING ZONING PG 2-) Property Owner Authorization THE UNDERSIGNED STATES THAT THEY ARE THE OWNERS)OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR- _ IZATION FOR THE FILING OF THIS APPLICATION. SIGNATURE DATE AGREEMENT ABSOLVING THE CITY OF PALM DESERT OF ALL LIABILITIES RELATIVE TO ANY DEED RESTRICTIONS. ` I DO BY MY SIGNATU EON IS AGREEMENT, ABSOLVE THE CITY OF PALM DESERT OF ALL LIABILITIES REGARDING ANY DEED RES- TRICTIONS T MAY BE APPLICABLE TO THE PROPERTY DESCRIBED HEREIN. SIGNATURE DATE .Appl icant's Signature SIGNATURE DATE (FOR STAFF USE ONLY) ENVIRONMENTAL STATUS ACCEPTED BY ❑ MINISTERIAL ACT E.A.No. f(�� ❑ CATEGORICAL EXEMPTION CASE NO. ��` O/—�/ ❑ NEGATIVE DECLARATION ❑ OTHER REFERENCE CASE NO. CASE NO. Environmental Assessment Form TO THE APPLICANT: Your cooperation in completing this form and supplying,-the information requested will expedite City review of your application pursuant to the California Environmental .Quality Act. The City is required to make an environmental assessment on all projects which it exercises discretionary approval over. Applications submitted will not be considered complete until all information ne amake the environmental assessment is complet T(M F E B 1 1 N82 GENERAL INFORMATION: ENVIRONMENTAL SERVICES - CITY OF PALM DESERT 1 . Name, address, and telephone number of owner, ,applicant or project sponsor: cml yEa" (OM•P/W IEs ( 21a 10 W. LAsTO 16utDISAK G#�srzic 1-1Ck IZ�Cv 2. Name, address and telephone number of person to be contacted con- cerning the project (such as architect, engine r, or other re,,AAre sentative) : FiE >2t%kNVL ►vV,. I.EU... ni OG • `-714/S4(o-422S�) -n—I(DO EL PAsEo (SU1TE ). PALM, QPEPet 71 CA9,ZZ(OO 3. Common name of project (if any) : SNciE OOC-) PL.AZa 4. Project location (street address or general location) : SOUT14 EF*,sT C.02NE9—. DF NbNT1✓ COUR-MI CLU6 D2. 5. Precise legal description of property (lot and tract number, or meets & bounds): LOT 10- OF 79-t,--r I I.,TctI i F/\L^N, Dr- 6:F- k%\IE2S1D1L c0. CAI IFOII I�IIR 6. Proposed use of the site (project for which the form is filed; describe the total undertaking, not just the current application approval being sought) : CoMAAf(L(.1NLl GHbPINCi CFnITEa-. \ltf N ZAt1, ��b 7. Relationship to a larger project or series of projects (describe how this project relates to other activities, phases, and develop- ments planned, or now underway) : �!(5,4, 8. List and describe any other related permits and other public approvals required for this project, to go forward, including those required by the City, Regional , State and Federal agencies (indicate sub- sequent approval agency name, and type of approval required) : Z'P.�L►nl�. � SIC%N L3EVVEVAE SOAKD . ipt.. M� AINCa I (0N, COM VIWAL DtVELDPA5KT MAN APP2oVP.L EXISTING CONDITIONS: 9. Project site area: I •©(D PfGRC5 /-jq4-, co54 &Q. FT (Size of property in s . ft. or acreage) 10. Present zoning: PG _(Proposed zoning) : 11 . General Plan land' use designation: OL' TMUC-'j CO",M9-( C WAL 12. Existing use of the project site: VAGAN—r 13. Existing use on adjacent properties : (Example - North, Shopping Center; South, Single Family Dwellings; East, Vacant, etc. ). ly o(uZ rI \N EST — V AcAN,-f 14. Site topography (describe): bi SICU-1 VL)k,'T -- GRNTLA SLOPES 'F.-AST J W EGr I ICAHi PONT ON LbT 15. Are there any natural or manmade drainage channels through or adjacent to the property? NO YES 16. Grading (estimate number of cubic yards of dirt being moved) : (01C00 4ID5, 6F-IgC4 RELOCATED, %WW Ti-•IE�Lo-f 17. List the number, size and type of trees being removed: H D N E. 18. Describe any cultural , historic, or scenic aspects of the project site: I�onl;� 19. Residential Project (if not residential do NOT answer) A. Number and type of dwelling units (Specify no. of bedrooms) : B. Schedule of unit sizes: C. Number of stories Height feet. D. Largest' single building (sq. ft. ) (hgt. ) E. Type of household size expected (population projection for the project) : F. Describe the number and type of recreational facilities: I G. Is there any night lighting of the project: FI. Range of sales prices or rents : $ to $ I. Percent of total project devoted to: Building . . . . . . . . . . . . . . . . . . . % Paving, including streets. . . . . . . . . . . % Landscaping, Open, Recreation Area . . . . . . % 20. Commercial , Industrial , Institutional or Other Project: A. Type of use(s) and major function(s) (if offices, specify type & number) : S1 {oPP1N1.G CE-t4-Tc2 B. Number of square feet in total building area: 1612� ZIS S&�.FT. C. Number of stories_ Height 2'L feet. ,I D. Largest single building (Sq. Ft. ) 4 4iz4,- (Hgt. ) 2 21 E. Number of square feet in outdoor storage area: N ONE F. Total number of required parking spaces number provided G. Hours of operation: "( a-tA'L 4D H. Maximum number of clients, patrons , shoppers, etc. , at one time: +so I. Maximum number of employees at one time: J. If patron seating is involved, state the number: SA K. Is there any night lighting of the project: Yes /` No L. Percent of total project devoted to: Building . . . . . . . . . . . . . . . . . . 2 ���y % Paving, including streets. . . . . . . . . . yJZ{,'� % Landscaping and Open Space (Recreation). . . 2 0 Are the following items applicable to the project or its effects : Discuss below all items checked yes (attach additional sheets as necessary) . YES NO 21 . Change in existing features of hillsides, x or substantial alteration of ground contours. 22. Change in the dust, ash, smoke, fumes or odors X in the project vicinity. 23. Subject to or resulting in soil errosion by wind or flooding. 24. Change in ground water quality or quantity, or alteration of existing drainage patterns. 25. Change in existing noise or vibration level in the vicinity. Subject to roadway or airport noise (has the .required acoustical report been G� submitted?) 26. Involves the use or disposal of potentially hazardous materials, such as toxic substances , �( f-1ammables or explosives. 27. Involves the use of substantial amounts of fuel or energy. 28. Changes the demand for municipal services (police, fire, sewage, etc. ) 29. Changes the demand for utility services , beyond those presently available or planned in the x near future. 30. Significantly affects any unique or natural ✓ features, including mature trees. 31 . Change in scenic views or vistas from existing residential areas or public land or public roads. 32. Results in the dislocation of people. YES NO 33. Generates controversy based on aesthetics or x other features of the project. [ ] Additional explanation of "yes" answers attached. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation, to the best of my ability, and that the facts, statements and information presented are true and correct to the best of my knowledge and belief. Bernard K. H. Leung ame Print or T e For l - • 12 Z-- gnature eDate INITIAL STUDY FEE : 4 t30.pc� (Make check payable to the City of Palm Desert and sub- mit with this form. ) L CITY OF HALM DESERT REAZU RERI RECEN 5688 RECEIVED OF: DATE ^ � ' .�r> A'mouN'4 50--(00 FOR I ^ `✓/ cam s RECEIVED: CITY TR ASU.RER ACCOUNT NO. AMOUNT 5 v CHECKS ACCEPTED SUBJECT TO BANK CLEARANCE ISSUING DEPT. NN, -- --- x. op ------_ Ex. A --0 P- -o- L.I N E OF PP.Upo SE D \ --�-- — —�--- - - r'�l CA f I - u"rUs�E iNAPr�CN NaEN'i"S M+ 1 C4 I CCU N7�� \' M■■�I r- �.? , Y !.0 � i —�-__ Flo• G• � ��, .,�� � ~' jM • I, /h --- --- �12 00 - , 5 ,- C t.�r�r �..., v E `�� Q - s -- ---- --- _ _ _--- - - ----____- --- i2 S ---- - - - - 12 --- 1 •-_ O --- - M, ------ - - --___- I 12 - ---- 5 4O Of 117 rU 4 i t i I o i i Q i I tJ �•^ V �S NG i LT I i I " l N r y � W 14 7 <01V .� p \ 4 :. 1 Q t - - 17 d 17 ILAA , ` 12 :, 32,00 �•r H - _.. � Ile 40 \ • ., .'M // 't I ( I / 1 I - I I ,. '� I I I � � I 1 ,�+? !•r • ``� •A W Al 100 " f P if 601 - I {� 11 I ! I � ( { I �� ( _- •\ C� ,: � � � 11 , u q - G i r 6 L1 f.rlt '' ? % 1�' ✓_ I „ i >�s l� I ��\ j °,"y .;''; I•• / '� ; i{; , �1 G ��G N �Q �D IiO6\? - 1 „ I !r ,, , —77 IC 00 drO w _ s `► Ul �b/G`7 - '` 4 �- - - +-� ►`. 1:(:a �`I Irf{C ,'t ��,�,, i ,:Fta,. 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G,kL I FOPA 1^c. g • �.� rJE5Efk , A`` J' r r r r r .•- r- r- r- r .. r- r' r' r' r' Mexican Fan Palm COUNTRY CLUB DRIVE Large Canopy 1 ree 00 17 A �� r e �� ._ _ - ■ • r Large Canopy Tree • V P too / --- Large Canopy Tree � ac � � ••• • iil La BUILDING E - -- - -- -- W a 1 (FUTURE) _ _-- BUILDING D■ Q a d (FUTURE) ° 1 ` / Large Canopy Tree J V Qin Zv a = 3 1 a Cie j 1 j V O P 1 ( f 1 �` • Small Can opY Tree \\ Vertical free 1 \ 1 ' Vines on Columns o~c 1 1 � o Small Canopy Tree z 1 ce m Z) w � Z ■ U J O ce U Q i • Z) \ % 0> w \ W z Z PLANT PALETTE V z LLJ - Q BUILDING B -- LARGE CANOPY TRFFS (15 GAL . TO 18 ' DTA • FIELD GROWN) W ---- FRAXTNIIS UHDEI SHAMPI_ ASH W Z uf O • « rFRATONIA SILTQUA CARDS -- • OLEA FUROPAFA EUROPEAN OLTVF t RHUS LANCEA AFR I CAN SUMAC C E R! V E D Z N V1 W i FEB 2 2 ! SMALL CANOPY TRFFS (24" 'i0X) oENVIRONMCNTAL SERVICES 110 t • "�,� � 'JFR T UM OLEANDER (STANDARD) SISTER AGNFS OLEANDER CITY OF PALM DESERT I i r PRUNUS PISSARDIT PURPLE LEAF PLUM ! PYRUS KAWAKAMTT EVERGREEN PFAR ! SCHINUS TEREBINTHIFOLIUS BRAZILIAN PEPPER Small Canopy Tree VrRTICAL TREES (15 GAL. TO 30" BOX) BRACHYCHITON POPULNFUS BOTTLE TRFF I' CITY OF EUCALYPTUS CTTRTODORA LEMON SCENTED GUM PALM DESERT PTNUS CANARIENSTS CANARY ISLAND PINE DEPAROTF ENT z PALMS (AVERAGE HEIGHT : 12 FT. ) ENVIRONMENTALSERVICES • WASH1NGTnNIA FTLTF7RA CALIFORNIA FAN PALM NO.�jy /� _.J f 1,1ASHINGTONIA ROBUSTA MEXICAN FAN PALM CO.--J.�[.� ` I ASE NO. SHRUBS (5 GAL . ) r JUNTPFRUS C . ' ARMSTRONrTT ARMSTRONG JUNIPER Q NFRTUM OLEANDER ' DWARF PINK ' DWARF OLFANDFP Vertical Tree YUCCA PENDULA SOFT LEAF YUCCA L o XYLOSMA CONGFSTUM SHINY XYLOSMA W VINES (5 GAL . STAKFD) Z °f 90UGATNVTLLFA SPFCTA9LTS BOUGAINVILLEA < dgmbh, • CLYTOSTOMA CALLISTEGIOTDFS VIOLET TRUMPET VINE GRFWTA CAFFRA LAVFNDAR STAR FLOWER • MACFADYENA UNGUTS-CATT CAT ' S CLAW GROUNDCOVER (FROM FLATS) Q � Z EUONYMUS FORTUNET ' P.ADICANS ' WINTFR CRFF.PFR W ��.,�., ___ _ GAZANIA HYBRID 't`1TTSUWA MITSUidA AFRTCAN DAISY V Large Canopy Tree YELLOW ' _ I. r` 1 GAZANIA SPLFNDFNS ' ORANGE ' CLUMPING AFRTCAN DAISY - CITY - T OSTFOSPFRMUM FRUTICOSUM FREEWAY DAISY W W BERMUDA ' SANTA ANA ' HYRRTD LAWN El Cie (OVFRSEEDED WIRYE) _ Co W W Z S C A L E 1"=20'_0„ 1 Os NO. SAGEWOOD PLAZA • PREL 8203 IMINARY LANDSCAPE PLAN . D A T E O 2- 17-82 Z SHEET NO. Pm2 b 1 Vl � N ~ 00 CO) O � O 40 C4 Ch. Q V elf W AA Z F■,I o V X W •t W W � ' W • H i O MA %n CL A � � I �+ W O 140 O� W M i 4r a- ij r, I i r � t { Al Y � ! C t >L' _ A P r r� O c. r - -I<"VV� _..�, r( --- -- -- -; ->- - - - - - t �X;S7INGi G;N�tL-� -- Y r�,�S,cJENGE IN AI E �... I�ca �►�/�LUS(g''� y7wroll, NMI- + , f-Ir 1%- !poi f3U�r-�R �sY ,'liCQA E-K,- ' vOPGK-i .�IJ d AN CNEJY'LAA OF THIS A?r'kr.;.L.` .•.'�!i?� _ . da to { r \ I . 1- 6 ' ( �, B scale .J L, SP�i A t ENV{KUN{��LNir�L uEti�: CITY OF ,".^I'.1 drwn b IL approved CITY OF pC%5Er-) r{l�_J Ky"+' Isoiiuo's4.,APiNCA PALM DESERT -- DEPARTMENT OFBUILDING ENVIRONMENTAL � 1 �j;NG'iLC �^�i..Y w �ID5NG� � SERVICES EXHIBIT i NO. CASE NO • SHEET NO t ( ►...� 7-D I --- ► 1 O . . . . . . op low :.: do �. �r _ *MA • lip him a • AL ..8 _ ![ s!•" �.; aq• ...►.. j_. r r ew rl�;,' ,,mot — 1. ,r�'"• - �' "��'� a£�.,:�,. • � F A • • `i I • J 1 • i . � ' � � • � � . ..• � � \,� r � ;�•'' � +.�+w�: "�,, � .�`,`fir. \., "�� �`�- � sj IL j; dr a I , PW i -,tit ZPr- 1 ' 4 d L. 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A ,•-- •� - ! - _. -.-.•� -- ». .- +• .I �. •'... -►.-. » . :. 7--_- +. .� �►1'+R -s -^- r .� +� _ r � ,. �,.aa,••n '�..1: � -•.:•..,.i•- -.... �R ..`' • I w t � k • _-- i Vl � N H � � !h �O N �\EsWN WOOh 91 fmi Vf Ak (D 0 _ SIGN o 'O mod' t! • 1 — L - _ IA ' r � • -�:.—:. `' _ -1. • �t y`Y� �` - �� • • : _� ` .. � �. .•r - . rR � _.=-a Icy Y • _ _ 5MAUI=MR O W W O 1 FRO T ELEVATION - MARKET W M ZIL • "'mil L * • I i r ai L � � ..' _-t �.+-- • .., ti ` ., • —•'..�#.!! _ • Mt • • `,. J ..n •• •,►. yR.'. -,. ,pw, t••a ...,.n:. _ ""Y k, ` .;:r.r..r-.,.3,,._y' Wit, ' • ••G,. ._.,. .,._._ : ,_ � ._. - - -a �. fir.: i - _ ...� ..�, .. r,. •�: a Lu sa �h^ • 1 t..,., - �.. _. .,fir.•. � �: .F v . { � r � - -s" � Z 'i: r4!;; i �a I p , N �•t'r +. sit At i +�r clr � � J s --• a '." ., �'wr` � a_ \� �� :� � •4 _ .. � _ - r ! i � G .' _..-..-w rs„I -��_ice 't — ——- r.�a r -- ♦. - • t'. J. ..�.. ..---• - ...__-— -..-_.__ _._.. �^ l:.•�:: T••l � I `2a` �J 1 � -� .f R. a ►'ray FT �'t r T j r , L _ _. _ �- U N i CITY ~ PALM DESERT T. REAR ELEVATION MARKET i r � Cda to O a f II �,. . ..°:u , ,. "L� -• �:�•- .._ w�rtstu Gott '-- scale O`�'-'�s-rE�, F i w'S� C�'"-��j ,• \ --__-_--- _ _ ,�,ii d rwn b SNo� G��vE� oP, SANS -rEv — _—_ - -- — - �� approved BUILDING 0 0 0 a' � N art• - � - = fi! �. ,X p %I ! SHEET IVY •.rye. IT IT 13194 V� SIDE ELEVATION— - STORES A Y511s Ii - O y . • - COUNTRY CLUB DRIVE • • •./Y• .yylArlV ����•/��!��/�y.Y.�• '� yes ./� Vy �' , 1 PLAZA Ot M01fl ow it f/f.�MAVi!•M. piMTtflCAtl10••ttifiN YOK•�L!11.01• a Ix IMF t 1 • l 1 • i • • • 1 1 • I 1 ► 1 i 1 I l •I i 1 i t i t I • i • J 7• " , � rwAs•• � � � 100 tnAs•• 7! L, _.fA% WA SF 1 - 0 5850 SF13 ' . Q " Olen. SERVICE t STATION `�\� / ,� , Q • O \ \� / ' • 1 NZ now* \ / G \ \�. .' NEWfuN ?eI '�' �ai�x�•19�G 0 �;, Z (p 0 I Lda A1 0 B c Q; a�sn rt tro•rn*tY EA H Nitf- KMSF EACH NI a 1100 S a•a+•�+•rt«o» ,/ !o T L s 8810 SF C T A2730 tit to 1 1, aAll" SUPERMARKET . i O 1 1 1 1 ( 1 ( 1 t Q BLDG IF4fi.998 SF �. 40 5100 SF 000, GROUND FL o •��� .. . .... .. , tom. . `' � _ : ... 85 I IN 11RT M r rT'ttlrtN _ , ' 1 1 I ! I 1I t � � � • �.. 1 ,. � � � I I i l tl�•OI►A�.1�. .E and company t ' t p Heath and Company Excellence in Signage Nationwide Project Name A\1-0 H ° 417 % Design No. Revision No. Revisions. Date j",/')� 1�.,,J f } THIS IS AN ORIGINAL UNPUBLISHE _ 1 �' " ( t./C/L!6 I w j! I p Scale I�"1»' ' �eet No. O} 1 DRAWING CREATED BY HEATH A� 3225 Lacy Street, Los Angeles, California 90031 (213) 223 414 'address J, �` PERSONA.T IS SUBMITTED CT oN W; t ( y�± Date , ® _ Job PROJECT BEING PLANNED FOR YC 4703 Benqal Street, Dallas,Texas 75235 (214) 637-0650 City/State ���� ' 1 �+' r"'�•. ie E 94 Jab NO. 2 BY HEATH AND COMPANY IT IS NOT 1 ORGANNIZATION NORMS IT TO BE USE A Fischbach Company 211 Hwy. 584 East,Oldsmar, Florida 33557 (813) 855-4415 client Approval Drawn Talesman s REPRODUCED. COPIED OR EXHIBITE I IN ANY FASHION t I IN snlzo wkLL WOR, �;,71. 11�5�rA FroA 7 Ile f2sruRi'45 OARK T&M CAP scriEty (mers,FVR Pr4WAa ­4 A"MP-1-IN,`41 V WHITe, W-.0?4 POKM TVS(Mf- \—VWX WI(I)WAMP CI RC4 rr 8 1 W VaT45 POGO AL 7�16"4rM PXX W15&W-5*I sm -Ao JP et&r�� W;ffi- F Aw eeT%"e)4 nq�� z U ta 4 Tr T-A R C? N All �W, gy-m �'gqgw 4 -4 Dw4kNEcr sw=4 V, �n 7� , :U­ ME "J57 M 7 -4 Vl� 4 -75, j,"k NIP A fcz: F­�� t4 iN `44i L 'Wp 7 j 4- oz.0 tpAgp) W i",q 7 ea 0, 2 R11% ,WN ­X FTM�- M F,77, ""I W, 7 ORAjQ 40.6(2 0,77 %MOM v '7 TYPICAL LPE,71ER V5CWJ -04 f,P4NWACT LI-Ti!N) Net 4UM- 1 TvH451 61\ 00MAfOP AWMINN �HANNOL-o, N1 NTMOP, VIHO NOON 4VN119MaW- fpAfl-r MtTVKNr5P WM0 NO' 5;1� RKMOV16 PARK 67"ZO-, 6re, "A01 I 1 114 MI %0�0 I v.4-(.- IF $I F I I VIH111 v4kffijvKv�hi v I,' V4 J-- Moo iii� A �jTt!!:t4� 4001 0'a 01 ONE w NOTES A--E'.01*4 Co%, l VI. SIGN SMALL BE OF INCOMBUSTIBLE MATERIAL AND APPROVED PMTC V2. ALL CONNECTIONS SMALL BE Vk- DOLTS EXCEPT AS NOTED. C1 17Y L v3l-� STEEL PIPE SHALL CONFORM TO�ASTX A53 GRADE & L4 STRUCTURAL STEEL SHALL CONFORM TO A&T.M. A34. V1 ALL STEEL 3116" THICK OR LESS SHALL BE GALVANIZE& V4 SHOP WELDING SHALL BE DONE BY-LOS ANGELES CITY FABRICATOR #292. APPROVEID fl; 7. ALL FIELD'WELDING SHALL Of DONE BY LOS ANGELES CITY CERTIFI&WIM CONTINUOUS INSPECTION A101 AEOUIRE& L E f T EIR 'TION FORM & $OIL IS AC 9. CONCRETE MIX SHALL 81 112*3% PLUSJ% GALLONS WATER PER SACK OF CEMENT (fa 20W nt) %.110. REINFORCING STEEL SHALL CONFORM TO A.S.T.M. A305 OR AIS. my er -,111. ALL SIGNS SHALL HAVE PERMANENT INFORMATION LABEL AS SPECIFIED IN ORD. 160599. IL-112. NO SIGN OR SIGN STRUCTURE TO BE LOCATED WITHIN 2 FEET OF CURB OR STRkET. /v 011L Yrfr�. 0- -�i Z 4�-7 %43- NO SIGN OR SUPPORT STRUCTURE TO BE WrMIN 6 FEET HORIZONTAL OR It FM VERTM OF OVERHEAD ELECTRICAL CONDUCTORS ENERGIZED IN EXCESS OF 750 VOLT& CID S /1 4v C zz� 5" 0e cJ AJ t'pi k,,O/ lb- 7—c,4 5;�y NOTE: //v eca CA zeZT&I, THROUGH WALL INSTALLATION IS ASSUMED TO BE NORMAL STUCCO, WOOD OR SOFT BRICK FACING. IF r-01z, uY- U I UNIQUE CIRCUMSTANCES INSIDE WALL ARE DISCOVERED 6 BY INSTALLER, BUYER IF AVAILABLE, WILL BE NOTIFIED. R EAT I IN ANY EVENT, BUYER SHALL BE BILLED FOR SPECIAL ana company LABOR ON A TIME AND MATERIAL BASIS. Heath and Company Excellence in Signage Nationwide Project Name Design No. I Date INAL UNPUBLISHED scale gmm THIS Is Am ORIG DRAW"G CREATED BY HEATH AND 3225 Lacy Street, Los Angeles, California 90031 (213),223-4141 Address 4 No. of, CO%""Y a IS SUBWT`TED FOR YOUR PERSONALUSE. 1NG0kA"--TION"T)­- 7 u 4703 Bengal Street, Dallas,Texas 75235 (214)637-0650 A PQOjECT BEING PLANNED FOR VOL City/State Date Job No. BY HEATH AND COMPANY IT Is!�*T TC 9E SHOWN TO ANYONE OUTSIDE YOUP A Fischbach Company 211 Hwy. 584 East, Oldsmar, Florida 33557 (813) 855-4415 ORGAMZAT"P40A IS IT TO BE USED Client Approval Drwn P01L, :PPEPI:IOOUCED, COPIED Oq EXHIBITEC N, ANY FASI4"