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HomeMy WebLinkAboutRes 04-87 PP 04-13 EN Engineering/Lowe's Home ImprovementREQUEST: Resolution No. 04-87 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT Consideration of approval of a precise plan of design and Negative Declaration of Environmental Impact for a 135,152 square foot home improvement center at the northeast corner of Monterey Avenue and Gerald Ford Drive, 35-850 Monterey Avenue. Project includes a height exception to permit architectural projections at 34 feet, 36 feet, 44 feet and 48 feet. Project also includes a height exception for the wall -mounted business identification sign at 33 feet. SUBMITTED BY: Steve Smith, Planning Manager APPLICANT: EN Engineering on behalf of Lowe's Home Improvement 1920 Main Street, Suite 850 Irvine, CA 92616 CASE NO: PP 04-13 DATE: August 26, 2004 CONTENTS: Recommendation Executive Summary Background Draft Resolution No. 04-87 approving PP 04-13 Planning Commission Minutes of July 20, 2004 Planning Commission Resolution No. 2278 Planning Commission Staff Report dated July 20, 2004 Recommendation: That the City Council adopt Resolution No. 04-87 approving PP 04-13, including building and sign height exceptions. Staff Report Case No. PP 04-13 Page 2 August 26, 2004 Executive Summary: Lowe's Home Improvement proposes to construct a 135,152 square foot building with a 31,048 square foot garden center at the northeast corner of Monterey Avenue and Gerald Ford Drive. The property is a vacant 20.67-acre site. Lowe's will occupy the southerly 13.05 acres of the site. The remaining 7.6-acres will be subject to a future application. The west facing building will be setback 303 feet from Monterey and 170 feet from Gerald Ford with 560 parking spaces located onsite. The Planning Commission on a 3-2 vote (Commissioners Finerty and Tschopp voting nay) recommended approval, including the height exception. Commissioners Finerty and Tschopp were concerned that the project was providing too much parking. The project will provide 223 spaces in excess of the City standard for a lumberyard. Discussion of Appropriate Parking Standard: Staff has looked further into the parking required for a home improvement center. We were unable to find a city which has a specific standard for said use. In the Planning Commission report we used the standard for a "lumberyard." We recognized that the required number of spaces maybe on the low side as lumberyards from the 1970's (where this code provision originated) are different from today's home improvement center. However, considering that the applicant was providing a significant amount of excess parking above the lumberyard standard, we felt comfortable recommending approval. Our planning report noted that the ITE (Institute of Traffic Engineers) Trip General Manual provided trip generation rates for home improvement centers. This report concluded that home improvement centers had 30% fewer average daily vehicle trips than did a similar sized neighborhood commercial center. This seems reasonable considering that neighborhood centers provide a wide array of uses from supermarkets to theaters to Staff Report Case No. PP 04-13 Page 3 August 26, 2004 restaurants while home improvement centers are generally stand alone. The ratio of vehicle trips to required parking is direct. If we accept that home improvement centers have 30% less traffic than a similar sized neighborhood center, then an argument can be made that the appropriate parking standard for a home improvement center should be 30% less than the standard for a neighborhood commercial center. The neighborhood center standard is five spaces per 1,000 gross square feet. The appropriate standard then for a home improvement center should be 3.5 spaces per 1,000 square feet. The applicant has revised the site plan from that shown to Planning Commission. The revised plan provides 530 +/- spaces (30 +/- fewer spaces that the plan shown to Planning Commission. (Note: as of the writing of this report, the site plan was still under review by the architect/engineer so the actual number of deleted spaces may vary slightly.) The revised site plan provides 530 parking spaces for the 135,152 square foot building or 3.9 spaces per 1,000 square feet (57 excess spaces). We conclude that the revised site plan meets code and is providing only a modest (12%) amount of extra parking. Building and Sign Height Exception: Maximum building height in the PC-2 zone is 30 feet. Code Section 25.30.260 permits the City Council to approve exceptions to building height limits. In order to facilitate interior function of the use, the main building has been designed at a height which ranges from 27 feet to 32 feet. Architectural projections have been provided to improve the project's appearance. The porte-cochere over the lumber pick-up area is 34 feet in height. The main entrance has been designed with a series of steps set 36 feet, 44 feet and 48 feet in height. At each step there will be a color change Staff Report Case No. PP 04-13 Page 4 August 26, 2004 or texture change. These heights are a result of the basic building height and size. ARC unanimously granted approval of the building design including the above described building heights. The taller main building results in signage needing to be installed at a height greater than 20 feet (33 feet). Considering that the building is more than 300 feet from Monterey Avenue, this sign height is acceptable. Conclusion: • The property at the southeast corner of Gerald Ford Drive and Monterey has been zoned District Commercial (PC-2) since it was annexed to the city in 1988. • The property to the north is also zoned for commercial use. • A home improvement center is a permitted use in the PC-2 zone. • Considering that the City has approved a Wal-Mart and Sam's Club one half mile to the north of this site it is unlikely that this property would ever develop as a typical supermarket anchored neighborhood center. • The plan proposed by Lowe's complies with all of the code provisions except for building and sign height for which exceptions are sought. • The building architecture is an attractive contemporary look using pastel colors ranging from peach orchid to silver tinsel to El Paso peach. ARC has given the architecture preliminary approval. • The project access and onsite circulation are adequate. • Parking provided for the project is adequate and complies with code. • Staff and Planning Commission recommend that the project be approved. Background: The site has minimal vegetation and is generally flat with a slight slope from the southwest comer to the northeast corner. Staff Report Case No. PP 04-13 Page 5 August 26, 2004 General Plan Designation: The site is designation C/R-Commercial Regional in the General Plan. Zoning: The site is zoned PC-2 District Commercial. A home improvement center is a permitted use in the PC-2 zone. Adjacent Zoning and Land Use: North: PC-2 / Vacant South: PR-5 / Shadow Ridge Timeshares East: PR-13 / Sares Regis Apartments Approved West: Rancho Mirage / Residential / Single Family Dwellings Project Review (the 13.05-acre project): Site Plan: The building is located toward the south and east lot lines. The parking lots are between the building, Monterey Avenue and Gerald Ford Drive. The building front faces west to Monterey Avenue with the indoor lumberyard at the north end and the garden center at the south end of the building. Access and Site Circulation: The project proposes two access points from Gerald Ford Drive and two access points (three for the entire 20-acre parcel) from Monterey Avenue. The easterly access from Gerald Ford Drive will be right in, right out and will provide for a left -turn ingress from eastbound Gerald Ford Drive. This access point connects with a two-way driveway that extends around the rear (east) of the building. Staff Report Case No. PP 04-13 Page 6 August 26, 2004 The westerly access from Gerald Ford Drive will be right in, right out only and has a deceleration lane for westbound vehicles. This access aligns with a two- way driveway that extends northerly across the front of the building. The southerly access from Monterey Avenue will be right in, right out only with a deceleration lane for northbound vehicles. This access connects to the central area of the main parking field. The second access from Monterey is located to align with the north end of Lowe's building and the driveway that extends around the north end of the building. This access will provide for right in, right out and left in movements from southbound Monterey Avenue. This access also has a deceleration lane for northbound Monterey vehicles. The third Monterey access is located at the north limit of the 20-acre site and will be part of a new public street that extends to Gateway Drive and points east as shown on the new General Plan. This access point will be right in, right out and left in only. Parking: See discussion in Executive Summary. Architecture: The building architecture is contemporary in style comprised of tilt up panels. Exterior finish includes both split face and smooth face C.M.U. texture paint colors ranging from peach orchid to silver tinsel to an El Paso peach. These color changes with changes in texture will create a finish similar to that used at Borders in The River project. The garden center will be enclosed by a steel fence with vinyl -coated mesh which has been designed to blend with the building design. ARC at its June 22, 2004 meeting granted preliminary approval of the building architecture. Staff Report Case No. PP 04-13 Page 7 August 26, 2004 The east elevation of the building shows the loading dock area and trash enclosure at least partially enclosed by a combination of masonry and chain Zink fence. These facilities are adjacent to the Sares Regis Apartments to the east. These areas should be totally screened by masonry/block walls and will be so conditioned. Project Data: Street Setbacks: Monterey Avenue Gerald Ford Drive Side Yard Setbacks: To East District Commercial Zone Project 32 feet 32 feet 54 feet (2 x's building height) To North 0 feet Lot Coverage 50% Landscape Depth from Street: Monterey Avenue 20 feet Gerald Ford Drive 20 feet Building Height 30 feet Parking - Lumberyard Standard: 1/500 sq.ft. retail 271 spaces 1/1,000 sq.ft. garden center 31 inches 1/2 Employees 35 inches TOTAL 337 303 feet 170 feet 60 feet 92 feet 23.7% 35 feet 30 feet Main bldg 27', 30', 32'* North porte-cochere 34' * Entry 36', 44', 48' * 560 spaces Modified Parking Standard as per discussion in Executive Summary: 3.5/1,000 main building 473 spaces 2/1,000 garden center 62 spaces TOTAL 535 spaces Loading Spaces 560 spaces 3 required 3 provided Staff Report Case No. PP 04-13 Page 8 August 26, 2004 Bus Stop: Sunline Transit, through the City's management analyst, has requested that a bus stop/shelter be provided on Monterey Avenue 300 feet to 600 feet south of the project's north property line. Sunline also requested and obtained a bus stop/shelter on Gerald Ford Drive in front of the Sares Regis apartment project that is immediately adjacent to the east. Public Works and the Planning staff have requested a service plan from Sunline so that we may better anticipate future bus stop locations. Our goal would be to minimize impediments to traffic flow on arterial streets and maximize the future transit service efficiency. In this instance we would much prefer that the bus stop be provided on the north side of Gerald Ford Drive between the two access points, that way we could eliminate the bus stop adjacent to Sares Regis apartments. One stop could service both projects. Staff have imposed a condition which will require that a bus stop/shelter be provided in a location to be determined in consultation between the City and Sunline. CEQA Review: This property has been zoned commercial since 1988. The commercial use of the property as a neighborhood center was analyzed as part of the recent General Plan Update and the Environmental Impact Report prepared therefore. The attached environmental checklist and initial study analyze this specific development proposal and provide necessary mitigation measures which have been included in the draft resolution as conditions of approval. We would note that this home improvement center project will generate 30% Tess traffic than would a similarly sized neighborhood commercial center, which was the basis for analysis in the General Plan. The ITE trip general manual prescribes an average weekday vehicle trip rate of 29.8 vehicles per 1,000 square feet for a home improvement center versus a rate of 42.94 vehicles per Staff Report Case No. PP 04-13 Page 9 August 26, 2004 1,000 square feet for a shopping center (see excerpt from ITE manual attached). Based on the information contained in the General Plan and its related EIR, which was certified by the City Council, and analysis of this project, the Director of Community Development concludes that a Mitigated Negative Declaration of Environmental Impact should be adopted. Submitted by: Planning Manager Approval: Homer Croy ACM for Develnt Services (Wpdocs\cm\srlpp04.13.cc) Department Head: Phil Drell Director of Community Development Approval: Carlos L. Orte City Manager CITY COUNCIL ACTION: APPROVED DENIED RECEIVED OTHER MEETING DATE AYES: NOES: ABSENT: ABSTAIN: VERIFIED BY: Original on File with City Clerk's Office RESOLUTION NO. 04-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN OF DESIGN FOR A 135,152 SQUARE FOOT LOWE'S HOME IMPROVEMENT CENTER WITH A 31,048 SQUARE FOOT GARDEN CENTER, INCLUDING BUILDING AND SIGN HEIGHT EXCEPTIONS, AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND GERALD FORD DRIVE, 35-850 MONTEREY AVENUE. CASE NO. PP 04-13 WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of August, 2004, hold a duly noticed public hearing to consider a request by EN Engineering on behalf of Lowe's Home Improvement for approval of Case No. PP 04-13, and WHEREAS, the Planning Commission of the City of Palm Desert, California, by its Resolution No. 2278 has recommended approval of Case No. PP 04-13; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project will not have a significant effect on the environment and a Negative Declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify granting approval of said precise plan: FINDINGS FOR APPROVAL OF A PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values not be materially injurious to the properties or improvements in the vicinity. 2. The precise plan will not unreasonable interfere with the use and enjoyment of the property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety, or general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. RESOLUTION NO. 04-87 2. That a Negative Declaration of Environmental Impact relating to Case PP 04-13, Exhibit "A" attached, is hereby certified. 3. That a height exception for building and sign heights delineated in the staff report dated August 26, 2004 is hereby approved, subject to the attached conditions. 4. That Precise Plan 04-13 is hereby approved, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 04-87 CONDITIONS OF APPROVAL CASE NO. PP 04-13 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/ planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. 5. Applicant shall participate in a commercial recycling program. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and department of community development. 6. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. 3 RESOLUTION NO. 04-87 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 8. All sidewalk plans shall be reviewed and approved by the Department of Public Works prior to Architectural Review Commission submittal. 9. Final landscape plans shall comply with the parking lot tree planting master plan. 10. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 11 . The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 12. That the east wall of the truck loading dock area shall be a solid masonry wall to the height at least equal to the height of trucks using the facility. 13. That the trash enclosure area shall be of masonry construction for its full height. 14. That the applicant shall install along the east property line a minimum 6' high block wall in a design acceptable to ARC. Said wall may be waived if one has already been installed by the property owner to the east. 15. That there shall be no outdoor storage of any type on the site. 16. That there shall be no gates in the east driveway, unless first approved by the Fire Marshal and the Director of Community Development. 17. That the landscape plan shall provide for screening of the parking area. Said screening to be accomplished by landscaping, berming or garden walls or combination thereof. 4 RESOLUTION NO. 04-87 Department of Public Works: 1. Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall be designed to retain a 100 year storm and to retain nuisance water on -site. Any off - site drainage shall be preceded with property owner's permission. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. 3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 4. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 5. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 6. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 7. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 8. Landscape installation on the property frontages as well as on -site shall be drought tolerant in nature and maintenance shall be provided by the property owner per City of Palm Desert standards. Owner shall enter into a landscape maintenance agreement with the City of Palm Desert 9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control and Section 24.20, Stormwater Management and Discharge Control. 5 RESOLUTION NO. 04-87 10. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the City Engineer for checking and approval prior to issuance of any permits. Preliminary landscape plans shall be submitted for review concurrently with grading plans. 1 1 . Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. Future development pad shown at the northern part of the site shall be lowered to 316'. 12. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards and the city's Circulation Network including the following: • Full improvement of Gerald Ford Drive and Monterey Avenue with 75' dedication to accommodate a 9' half center median, 3 thru travel lanes, a bike lane, and 8' sidewalk within a 24' parkway. • Deceleration lanes shall be installed at the westerly entrance on Gerald Ford Drive and all Monterey Avenue entrances. • Developer shall install a landscaped center median on Monterey Avenue and be reimbursed by the City of Palm Desert for half the cost. • Right -of -way dedication shall be of sufficient width to include dual left turn lanes on southbound Monterey Avenue at Gerald Ford Drive. • Proposed public street at the northern edge of the site shall be improved with a 26' half street section within 38 feet of right-of-way. • Northern driveway on Monterey Avenue shall be left and right in only, with no left out. • An assessment district may be formed to install some of these improvements. Rights -of -way necessary for the installation of the above referenced improvements shall be dedicated to the city prior to the issuance of any permits associated with this project. 13. This project shall be limited to two driveways each on Gerald Ford Drive and Monterey Avenue, and one on the proposed street on the northern end of the project. Driveway and parking Tots shall be inspected by the Public Works Department and a standard inspection fee paid prior to the issuance of a grading permit. Driveway shall be 30' minimum in width. The minimum length of the driveway throats -the distance between the prolongation of the curb on Monterey Avenue and the first break in the parking lot islands -shall be 100'. 6 RESOLUTION NO. 04-87 14. Grading shall be co-ordinated with the property to the east so that the property line shall be located at the top of slope. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, appropriate NFPA standards, CFC, CBC, and/or recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 3. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) (4" x 2- 1/2" x 2-1/2"), located not Tess than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with 3000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and Fire Department connections. All valves and connections shall not be Tess than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 7. All valves controlling the water supply for automatic sprinkler systems and water - flow switches shall be monitored and alarmed per CBC Chapter 9. 8. Install a fire alarm system as required by the Uniform Building Code Chapter 3. 9. Install portable fire extinguishers per NFPA10, but not less than 2A10BC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 7 RESOLUTION NO. 04-87 10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 11. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn -around (55' in industrial developments). 12. Wherever access into private property is controlled through use of gates, barriers or other means provisions shall be made to install a "Knox Box" key over -ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 13. This project may require licensing by a state or county agency, to facilitate plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 14. All buildings shall have illuminated addresses of a size approved by the city. 15. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 16. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. // 8 RESOLUTION NO. 04-87 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: PP 04-13 APPLICANT/PROJECT SPONSOR: EN Engineering 1920 Main Street, Suite 850 Irvine, CA 92616 PROJECT DESCRIPTION/LOCATION: A 135,152 square foot Lowe's Home Improvement Center at the northeast comer of Monterey Avenue and Gerald Ford Drive, 35-850 Monterey Avenue. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 9 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: July 20, 2004 CASE NO: PP 04-13 REQUEST: Approval of a precise plan of design and negative declaration of Environmental Impact for a 135,152 square foot home improvement canter with a 31,048 square foot garden center at the northeast corner of Monterey Avenue and Gerald Ford Drive, 35-850 Monterey Avenue. APPLICANT: EN Engineering on behalf of Lowe's Home Improvement 1920 Main St., Suite 850 Irvine, CA 92616 I. BACKGROUND: A. SITE DESCRIPTION: The property is a vacant 20.67-acre site at the northeast corner of Monterey Avenue and Gerald Ford Drive. Lowe's will occupy the southerly 13.05 acres of the site. The other 7.6-acres will be subject to a future application. The site has minimal vegetation and is generally flat with a slight slope from the southeast corner to the northeast corner. B. GENERAL PLAN DESIGNATION: The site is designated C/R-Commercial Regional in the general plan. C. ZONING: The site is zoned P/C-2 District Commercial. A home improvement center is a permitted use in the P/C-2 zone. D. ADJACENT ZONING ANDLAND USE: North: PC-2/ Vacant South: PR-5/ Shadow Ridge Timeshare East: PR-13/ Sares Regis Apartments Approved West: Rancho Mirage/ Residential/ Single Family Dwellings PROJECT REVIEW (The 13.05 Acre Project) A. SITE PLAN: The building is located toward the south and east lot lines. The parking lots are between the building and Monterey Avenue and Gerald Ford Drive. The building front faces west to Monterey Avenue with the indoor lumberyard at the north end and the garden center at the south end of the building. B. ACCESS AND SITE CIRCULATION: The project proposes two access points from Gerald Ford Drive and two access points (Three for the entire 20 acre parcel) from Monterey Avenue. The easterly access from Gerald Ford Drive will be right in, right out and will provide for a left tum ingress from eastbound Gerald Ford Drive. This access point connects with a two-way driveway that extends around the rear (east) of the building. The westerly access from Gerald Ford Drive will be right in, right out only and has a deceleration lane for westbound vehicles. This access aligns with a two-way driveway that extends northerly across the front of the building. The southerly access from Monterey Avenue will be right in, right out only with a deceleration lane for northbound vehicles. This access connects to the central area of the main parking field. The second access from Monterey is located to align with the north end of Lowe's building and the driveway that extends around the north end of the building. This access will provide for right in, right out and left in movements from southbound Monterey Avenue. This access also has a deceleration lane for northbound Monterey vehicles. The third Monterey access is located at the north limit of the 20 acre site and will be part of a new public street that extends to Gateway Drive and points east as shown on the new general plan. This access point will be right in, right out and left in only. C. PARKING: The parking ordinances for a lumberyard requires 2 spaces per 1000 square feet for retail areas, plus 1 space per 1000 square feet of garden center and plus 1 space for every two employees. Based on the building area of 135,152 square feet plus a 31,048 square foot garden center we have a parking requirement of 302 spaces. The applicant advises that the maximum number of employees at any one time is 70 for a parking requirement of 35 more spaces. Total required parking is 337 spaces. The plan provides 560 spaces. D. ARCHITECTURE AND BUILDING HEIGHT: The building architecture is contemporary in style comprised of tilt up panels. Exterior finish includes both split face and smooth face C.M.U. texture paint with colors ranging from peach orchid to silver tinsel to an El Paso peach. These color changes with changes in texture will create a finish similar to that used at Borders in the River project. The garden center will be enclosed by a steel fence with vinyl - coated mesh, which has been designed to blend with the building design. Maximum building height in the P/C-2 zone is 30 feet. Code section 25.30-260 permits the City Council to approve exceptions to building height limits. In order to facilitate interior function of the use the main building has been designed at a height, which ranges from 27 feet to 32 feet. Architectural projections have been provided to improve the projects appearance. The porte-cuchere over the lumber pick-up area is 34 feet in height. The main entrance has been designed with a series of steps set 36 feet, 44feet and 48 feet in height. At each step there will be a color change or texture change. These heights are a result of the basic building height and size. ARC at its June 22, 2004 meeting granted preliminary approval of the building architecture. The east elevation of the building shows the loading dock area and trash enclosure at least partially enclosed by a combination of masonry and chain Zink fence. These facilities are adjacent to the Sares Regis Apartments to the east. These areas should be totally screened by masonry/block walls and will be so conditioned. E. PROJECT DATA: District Commercial Zone Project Street Set Backs Monterey Ave. 32' 303' Gerald Ford Dr. 32' 170' Side yard set back To East 54' (2X's building HT) 60' To North 0' 92' Lot coverage 50% 23.7% Landscape depth from street Monterey Ave. 20' 35' Gerald Ford Dr. 20' 30' Building height 30' Main bld. 27',30',321* North port cuchere 34'* Entry 36',44',48'* Parking Lumber yard Std. 1/500 sq. ft. retail= 271 spaces 1/1000 sq. ft. garden center= 31 " 1/2 Employees= 35 " Total= 337 Loading Spaces 3 required *Height exception required F. BUS STOP: 560 Spaces 3 provided Sunline Transit through the city's management analyst has requested that a bus stop/shelter be provided on Monterey Avenue 300' to 600' south of the project's north property line. Sunline also requested and obtained a bus stop/shelter on Gerald Ford Drive in front of the Sares Regis apartment project that is immediately adjacent to the east. Public Works and the Planning staff have requested a service plan from Sunline so that we may better anticipate future bus stop locations. Our goal would be to minimize impediments to traffic flow on arterial streets and maximize the future transit service efficiency. In this instance we would much prefer that the bus stop be provided on the north side of Gerald Ford Drive between the two access points, that way we could eliminate the bus stop adjacent to Sares Regis Apts. One stop could easily service both projects. Staff have imposed a condition which will require that a bus stop/shelter be provided in a location to be determined in consultation between the City and Sunline. G. CONCLUSION: • The property at the southeast corner of Gerald Ford Drive and Monterey has been zoned District Commercial (PC-2) since it was annexed to the City in 1988. • The property to the north is also zoned for commercial use. • A home improvement center is a permitted use in the PC-2 zone. • The plan proposed by Lowe's complies with all of the code provisions except for building height for which an exception will be sought through the City Council. • The building architecture is an attractive contemporary look using pastel colors ranging from peach orchid to silver tinsel to El Paso peach. ARC has given the architecture preliminary approval. • The project access and on site circulation are adequate. • Parking provided for the project is 66% in excess of code requirements. • Staff recommends the project be approved. H. C.E.Q.A. review: This property has been zoned commercial since 1988. The commercial use of the property (as a neighborhood center) was analyzed as part of the recent general plan update and the environmental impact report prepared therefore. The attached environmental checklist and initial study analyze this specific development proposal and provide necessary mitigation measures, which have been included in the draft resolution as conditions of approval. We would note that this home improvement center project will generate 30% less traffic than would a similarly sized neighborhood commercial center, which was the basis for analysis in the general plan. The I.T.E. trip generation manual prescribes an average weekday vehicle trip rate of 29.8 vehicles per 1000 square feet for a home improvement center verses a rate of 42.94 vehicles per 1000 square feet for a shopping center (See excerpt from I.T.E. manual attached) Based on the information contained in the general plan and its related E.I.R., which was certified, by the City Council and analysis of this project the Director of Community Development concludes that a mitigated negative declaration of environmental impact should be adopted. RECOMMENDATION: Approve the findings and adopt Planning Committee Resolution NO. approving PP 04-13, subject to conditions. ATTACHMENTS: A.) Draft resolution B.) Legal notice C.) Comments from City departments and other agencies D.) Project exhibits Steve Smith Phil Drell Planning Manager Director of Community Development Homer Croy ACM for Development Services PLANNING COMMISSION RESOLUTION NO. 2278 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN OF DESIGN TO CONSTRUCT A 135,152 SQUARE FOOT LOWE'S HOME IMPROVEMENT CENTER WITH A 31,048 SQUARE FOOT GARDEN CENTER AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND GERALD FORD DRIVE, 35-850 MONTEREY AVENUE CASE NO. PP 04-13 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 20th day of July, 2004, hold a duly noticed public hearing to consider a request by EN Engineering on behalf of Lowe's Home Improvement for approval of Case No. PP 04-13, and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project will not have a significant effect on the environment and a Negative Declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify granting approval of said precise plan: FINDINGS FOR APPROVAL OF A PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values not be materially injurious to the properties or improvements in the vicinity. 2. The precise plan will not unreasonable interfere with the use and enjoyment of the property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan 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, Califomia, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That a negative declaration of environmental impact relating to Case PP 04-13, Exhibit "A" attached, is recommended to the City Council for certification. PLANNING COMMISSION RESOLUTION NO. 2278 3. That a height exception for building heights delineated in the staff report dated July 20, 2004 is recommended for approval to the City Council. 4. That Precise Plan 04-13 is recommended for approval to the City Council for reasons and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of July, 2004, by the following vote, to wit: AYES: CAMPBELL, LOPEZ, JONATHAN NOES: FINERTY, TSCHOPP ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, Sicretary Palm Desert Planning Commission 2 SABBY J NATHAN, Chairperson PLANNING COMMISSION RESOLUTION NO. 2278 CONDITIONS OF APPROVAL CASE NO. PP 04-13 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/ planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. 5. Applicant shall participate in a commercial recycling program. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and department of community development. 6. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. 3 PLANNING COMMISSION RESOLUTION NO. 2278 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 8. All sidewalk plans shall be reviewed and approved by the Department of Public Works prior to Architectural Review Commission submittal. 9. Final landscape plans shall comply with the parking lot tree planting master plan. 10. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 1 1. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 12. That the east wall of the truck loading dock area shall be a solid masonry wall to the height at least equal to the height of trucks using the facility. 13. That the trash enclosure area shall be of masonry construction for its full height. 14. That the applicant shall install along the east property line a minimum 6' high block wall in a design acceptable to ARC. Said wall may be waived if one has already been installed by the property owner to the east. 15. That there shall be no outdoor storage of any type on the site. 16. That there shall be no gates in the east driveway, unless first approved by the Fire Marshal and the Director of Community Development. 17. That the landscape plan shall provide for screening of the parking area. Said screening to be accomplished by landscaping, berming or garden walls or combination thereof. 4 PLANNING COMMISSION RESOLUTION NO. 2278 Department of Public Works: 1. Any drainage facility construction required for thisproject shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall be designed to retain a 100 year storm and to retain nuisance water on -site. Any off - site drainage shall be preceded with property owner's permission. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. 3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 4. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 5. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 6. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 7. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 8. Landscape installation on the property frontages as well as on -site shall be drought tolerant in nature and maintenance shall be provided by the property owner per City of Palm Desert standards. Owner shall enter into a landscape maintenance agreement with the City of Palm Desert 9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control and Section 24.20, Stormwater Management and Discharge Control. 5 PLANNING COMMISSION RESOLUTION NO. 2278 10. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the City Engineer for checking and approval prior to issuance of any permits. Preliminary landscape plans shall be submitted for review concurrently with grading plans. 11. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. Future development pad shown at the northern part of the site shall be lowered to 316'. 12. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards and the city's Circulation Network including the following: • Full improvement of Gerald Ford Drive and Monterey Avenue with 75' dedication to accommodate a 9' half center median, 3 thru travel lanes, a bike lane, and 8' sidewalk within a 24' parkway. • Deceleration lanes shall be installed at the westerly entrance on Gerald Ford Drive and all Monterey Avenue entrances. • Developer shall install a landscaped center median on Monterey Avenue and be reimbursed by the City of Palm Desert for half the cost. • Right -of -way dedication shall be of sufficient width to include dual left turn lanes on southbound Monterey Avenue at Gerald Ford Drive. • Proposed public street at the northern edge of the site shall be improved with a 26' half street section within 38 feet of right-of-way. • Northern driveway on Monterey Avenue shall be left and right in only, with no left out. • An assessment district may be formed to install some of these improvements. Rights -of -way necessary for the installation of the above referenced improvements shall be dedicated to the city prior to the issuance of any permits associated with this project. 13. This project shall be limited to two driveways each on Gerald Ford Drive and Monterey Avenue, and one on the proposed street on the northern end of the project. Driveway and parking lots shall be inspected by the Public Works Department and a standard inspection fee paid prior to the issuance of a grading permit. Driveway shall be 30' minimum in width. The minimum length of the driveway throats -the distance between the prolongation of the curb on Monterey Avenue and the first break in the parking lot islands -shall be 100'. 6 PLANNING COMMISSION RESOLUTION NO. 2278 14. Grading shall be co-ordinated with the property to the east so that the property line shall be located at the top of slope. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, appropriate NFPA standards, CFC, CBC, and/or recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 3. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) (4" x 2- 1/2" x 2-1/2"), located not less than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with 3000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and Fire Department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 7. All valves controlling the water supply for automatic sprinkler systems and water - flow switches shall be monitored and alarmed per CBC Chapter 9. 8. Install a fire alarm system as required by the Uniform Building Code Chapter 3. 9. Install portable fire extinguishers per NFPA10, but not less than 2A1OBC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 7 PLANNING COMMISSION RESOLUTION NO. 2278 10. Install .a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 11. All buildings shall be accessible by an all-weather roadway extending to within 1 50' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn -around (55' in industrial developments). 12. Wherever access into private property is controlled through use of gates, barriers or other means provisions shall be made to install a "Knox Box" key over -ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 13. This project may require licensing by a state or county agency, to facilitate plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 14. All buildings shall have illuminated addresses of a size approved by the city. 15. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 16. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. // 8 PLANNING COMMISSION RESOLUTION NO. 2278 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the Califomia Code of Regulations. NEGATIVE DECLARATION CASE NO: PP 04-13 APPLICANT/PROJECT SPONSOR: EN Engineering 1920 Main Street, Suite 850 Irvine, CA 92616 PROJECT DESCRIPTION/LOCATION: A 135,152 square foot Lowe's Home Improvement Center at the northeast corner of Monterey Avenue and Gerald Ford Drive, 35-850 Monterey Avenue. The Director of the Department of Community Development, City of Palm Desert, Califomia, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. July 2U', 2004 PHILIP DREUL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 9 LEGEND OF SOURCES 1. City of Palm Desert General Plan 2. City of Palm Desert Zoning Ordinance 3. City of Palm Desert Director of Community Development 4. Visual inspection by City of Palm Desert Community Development staff 5. (Intentionally Omitted) 6. (Intentionally Omitted) 7. (Intentionally Omitted) 8. (Intentionally Omitted) 9. City of Palm Desert Master Plan of Drainage 10. City of Palm Desert Grading Ordinance 11. Coachella Valley Water District 12. Sunline Transit 13. (Intentionally Omitted) 14. Riverside County Fire Department 15. Sheriff's Department /Palm Desert Branch 16. Coachella Valley Fringe -Toed Lizard Conservation Plan 17. Palm Springs Unified School District 18. University High School- Initial Study 19. Desert Gateway Development/ Draft Subsequent EIR ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Lowe's Home Impro vement 2. Lead Agency and Name and Address: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 3. Contact Person and Phone Number: Steve Smith, Planning Manager (760) 346-0611 4. Project Location: Northeast corner of Gerald Ford Drive and Monterey Avenue 5. Project Sponsor's N ame and Address EN Engineering For Lowe's 1920 Main St., Suite 850 Irvine, CA 92614 6. General Plan Designation: Regional -Commercial 7. Zoning: PC-2 8. Description of the Project: (Describe the whole action involved, including but not limited to the later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attached additional sheet(s) if necessary.) Approval of a precise plan of design for a 135,182 square foot Lowe's Home Impro vement center and related environmental actions. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings. Attach additional sheet(s) if necessary.) North: Vacant/ Commercial South: Residential Timeshare East: Vacant/ High Density Residential West: Single Family Dwellings 10. Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement). None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality XBiological Resources Cultural Resources Geology/Soils Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. Xnot I find that although the proposed project could have a significant effect on the environment, there will be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant" or "potentially significant unless mitigated" impact on the environment, but at least one effect I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ,_&zei6* Signa ure 'mil. V Printed Name Date I c 11-1.1 6V -ems , .sue — For C ITY/RV PU B/2004/546265 Page 2 of 14 FORM "J" EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 1 5063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is onlya suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and CITY/RVPUB/2004/546265 FORM "J" Page 3 of 14 b) the mitigation measure ic. .ified, if any, to reduce the impact to Tess t. significance. SAMPLE QUESTION Issues: I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, tress, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact ).< X x X C ITY/RVPU B/2004/546265 FORM "J" Page 4 of 14 Issues: project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact x X X CITY/RVPUB/2004/546265 Page 5 of 14 FORM "J" Issues: d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in ' 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ' 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact x x x x X x CITY/RVPUB/2004/546265 FORM "J" Page 6 of 14 Issues: Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Less Than Significant Potentially With Less Than Significant Mitigation Significant No impact Impact Incorporated Impact X ><' x ?.< x x C ITY/RVPUB/2004/546265 Page 7 of 14 FORM "J" Issues: Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off - Less Than Significant Potentially With Less Than Significant Mitigation Significant No impact Impact Incorporated Impact X k X X x X C ITY/RVPUB/2004/546265 Page 8 of 14 FORM "J" Issues: site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Expose people or structures to inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES. Would the project: Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact x x X X X CITY/RVPUB/2004/546265 FORM "J" Page 9 of 14 Issues: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either.directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact x x X X CITY/RVPUB/2004/546265 FORM "J" Page 10 of 14 Issues: necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? XV. TRANSPORTATION / TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact X X X x x X Ix CITY/RVPUB/2004/5462,65 Page 11 of 14 FORM "J" Issues: street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact x X X X X CITY/RVPUB/2004/546265 FORM "J" Page 12 of 14 Issues: d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? In making this determination, the City shall consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910, et. seq. (SB 610), and the requirements of Government Code Section 664737 (SB 221). e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 1) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat or a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) Less i nan Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact CITY/RVPUB/2004/546265 FORM "J" Page 13 of 14 Issues: c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact CITY/RVPUB/2004/546265 FORM "J" Page 14 of 14 Home Improvement Superstore (862) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Studies: 9 . Average 1000 Sq. Feet GFA: 129 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation g'Y 29.80 18.35 - 39.31 9.01 Data Plot and Equation 6,000 xsr x X 5,000 X W 0. F- 4,000 . N X „- a) d X OI fC 3,000 X. X ..;;. r 2,000 1,000 I 1 50 60 70 80 90 100 110 120 130 140 150 160 170 X= 1000 Sq. Feet Gross Floor Area X Actual Data Points Fitted Curve Average Rate Fitted Curve Equation: Ln(T)=0.70 Ln(X)+4.85 R2=0.59 Trip Generation,7th Edition 1600 Institute of Transportation Engineers Shopping Center (820) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Leasable Area On a: Weekday Number of Studies: 302 Average 1000 Sq. Feet GLA: 328 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Leasable Area 42.94 Data Plot and Equation 12.50 - 270.89 21.38 T = Average Vehicle Trip Ends 70,000 60,000 -t 50,000 4 40,000 30,000 20,000 10,000 Actual Data Points - Xx X,' x { X X x N iXX X- xF'. X X X X x X jk X X X CSC uxx X x x x 7 ), 3(xx x 4 x. x. . x X X X X x I 1 T—T• 1--1 x x x 1 I TI • 0 100 200 300 400 500 600 700 600 900 1000 1100 1200 1300 1400 1500 1600 X = 1000 Sq. Feet Gross Leasable Area Fitted Curve Fitted Curve Equation: Ln(T) = 0.65 Ln(X) + 5.83 Average Rate R2 = 0.78 Trip Generation, 7th Edition 1451 Institute of Transportation Engineers INITIAL STUDY CASE NO. PP 04-13 ENVIRONMENTAL EVALUATION CHECKLIST COMMENTS AND POSSIBLE MITIGATION MEASURES (CATEGORIES PERTAIN TO ATTACHED CHECKLIST) I. AESTHETICS A. The site in the present condition can be termed as aesthetically offensive due to blow sand problems. The proposed development must be approved by the Palm Desert Architectural Commission. The general plan visual resource element at page 111-155 discusses visual impacts and identifies no adverse impacts to visual resources. The general plan does identify mitigation measures as follows: • Signage shall be limited to functional identification. • Mixed -use development projects shall incorporate safe and convenient vehicular and pedestrian circulation, with screened outdoor storage/loading areas and landscaping designs that preserve and enhance visual resources. These two measures have been incorporated into the project. B. There are no scenic or historic resources in the immediate vicinity of the site. There are no scenic highways in the vicinity of the site. No mitigation measures required. C. Development of the proposed project will change the visual character of the site and its surroundings, replacing the sand dunes with a home improvement center. The project is consistant with uses found in the regional commercial district and therefore would not degrade the visual character, setting, or overall appearance of the project site. D. New light will be produced but the project will be required to prevent lighting spill over. In addition, the requirement for an engineered lighting plan per Ordinance No. 826 will assure that this condition is fulfilled. Sources: 1,3 II. AGRICULTURAL RESOURCES A,B,C. The site is vacant desert with minor amounts of native desert vegetation. The site has never been used for agricultural purposes nor shown on maps as agricultural. Sources:1 III. AIR QUALITY A&B. During construction, particularly grading, a potential dust problem is a short term impact. Project will require preparation and implementation of PM 10 plan. C. Because the site is already an urbanized setting its development will not result in an overall deterioration of ambient air quality. The conclusion is supported by the discussions relating to air quality. This conclusion is supported by the discussions relating to air quality contained in a draft environmental impact report prepared for the general plan. Completed development of the site will result in Tess dust leaving the site A currently occurs with the site's vacant condition. The general plan air quality element at pages 11-52 then 62 and the University High School initial study prepared by LSA Associates, INC for PSUSD discuss air quality in this area of the in detail. The High School initial study states at page 2-4. Ozone and PM 10 are the two pollutants of concern in the Coachella Valley. Under the federal Clean Air Act, the Valley is currently classified as a "severe-17" non -attainment area for ozone. The region is also classified as a "serious" non -attainment area for PM 10 by the U.S. EPA. The general plan study area and the Coachella Valley are subject to the provisions of the Coachella Valley State Implementation Plan (2002 CVSIP) for PM 10. The 2002 SIP has been prepared for the Coachella Valley, outlining an enhanced PM 10 reduction program that demonstrates how the federal PM 10 standards will be achieved to bring the Coachella Valley into attainment. To further reduce the impacts of local fugitive dust and PM 10 emissions, the City of Palm Desert has adopted a Fugitive Dust (PM 10) Control Ordinance (Chapter 24.12 of the Palm Desert Municipal Code). Project grading will comply with this ordinance. 1. During earthmoving or excavation operations, fugitive dust emissions shall be controlled by regular watering, paving of roads, and other dust prevention measures using the following procedures: • All material excavated shall be sufficiently watered to prevent excessive amounts of dust. Watering, with complete coverage, shall take place at least twice daily, preferably in the late morning and after work is done for the day. • All earthmoving or excavation activities shall cease during periods of high winds (i.e. winds greater than 20 mph average over one hour). • All material transported off site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. • The area disturbed by earthmoving or excavation operations shall be minimized at all times. 2. After earthmoving or excavation operations, fugitive dust emissions shall be controlled using the following measures: • All active portions of the construction site shall be watered to prevent excessive amounts of dust. 3. At all times, fugitive dust emissions shall be controlled using the following procedures: • On -site vehicle speed shall be limited to 15mph. • Road improvements shall be constructed as soon as feasible. Should the road system not be constructed at the time of project development, access roads shall be watered periodically or chemically stabilized. 4. At all times during construction phase, ozone precursor emissions from mobile equipment shall be controlled using the following procedures: • Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. • On -site mobile equipment shall not be allowed to idle for a period longer than 60 seconds. 5. Outdoor storage fills of construction materials shall be kept covered, watered or otherwise chemically stabilized with a chemical watering agent to minimize fugitive dust emissions and wind erosion. • The proposed development does not call for uses which would create substantial pollutant concentrations. • The proposed development does not call for any odorous land uses. Sources: 1, , 4, 10, 18, 19 IV. BIOLOGICAL RESOURCES A. The property is in the designated area of Coachella Valley Fringe - Toed Lizard. This project will eliminate all fringe -toed lizards within the project boundaries. Pursuant to the Coachella Valley Fringe - toed Lizard Habitat Conservation Plan, the Toss of the lizards and habitat can be mitigated by payment of a $600 per acre fee for each acre development. Project will be conditioned to pay said fee. Mitigation fee will be used by Nature Conservancy to purchase land in special preserves. The Coachella Valley Preserves will create suitable habitat for lizards as well as other species. The site may contain other dune species which are of statewide concern (i.e., Coachella Valley Milk Vetch). A multi species habitat conservation plan is being prepared by CVAG which will establish preserves and conservation practices to insure the future survival of these dune species. B. No riparian habitat present on site. C. No wetlands habitat present on site. D. No migratory fish or wildlife present on site. E. No local policy or ordinance protecting biological reserves other than delineated in item (A) above. F. See (A) above. The dune species of concern are not migratory in nature. The site has been designated for development with mitigation fees within the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. Sources-1, 3, 16 V. CULTURAL RESOURCES A-D. The cultural resources study performed as a part of the general plan found no evidence of any cultural, archeological or historical significance on this site. In addition, state law requires that should any evidence be found during construction, construction cease and the site cleared. VI. GEOLOGY AND SOILS A(I-iv). The area is subject to earthquakes and seismic shaking. Various studies have concluded that with proper building design which is required by Uniform Building Code people will not be exposed to substantial adverse effects. MITIGATION MEASURES The city of Palm Desert grading and building permits procedures require detailed geotechnical reports addressing grading specifications and the settlement and expansive characteristics of on site soils. All structures must be designed to UBC requirements to insure that buildings are constructed within acceptable level of risk set forth herein for the type of building and occupancies being developed. B. Development will reduce blow sand erosion which is common in this area. There is no topsoil present. C. See mitigation measure above. D. See mitigation measure above. E. Sandy soil is capable of supporting septic tanks but they will not be used as sewers are available. Sources: 1 VII. HAZARDS AND HAZAROUS MATERIALS A. Site and immediate area are not subject to route transport, use or disposal of hazardous materials. B. Project will not create health hazards or potential health hazards. C. See (B). D. The site has not been identified on the list of hazardous materials sites. E. Site is not within two miles of a public air port. F. No private airstrip in area. G. Project will not interfere with city's emergency response or evacuation plan. H. Project will not increase the fire hazard in area with flammable brush, grass or trees. Sources: 1, 6 VIII. HYDROLOGY AND WATER QUALITY While any development results in the use of water and therefore reduces the amount otherwise available for public water supplies, the Coachella Valley Water District assures that there is sufficient water supplies to accommodate this growth. In addition, the Coachella Valley Water District plans to construct additional water facilities in the Palm Desert area to accommodate current and future development. A. Project will be required to comply with Palm Desert Master Plan of Drainage and the grading ordinance. B. Project will use water provided by CVWD and will not interfere with groundwater recharge. C, D, E. Water will be redirected to drainage facilities designed and constructed to accept the water from the site. F. Project will not substantially degrade water quality. G. Site is not within a 100 year flood hazard. H. See (G). I. Area is not subject to flooding. J. Area is flat desert land not subject to seiche, tsunami or mud flow. Sources: 1, 9, 11 IX. LAND USE AND PLANNING A. The site is designated for commercial use, which is the use purposed. B. Project is consistent with the General Plan. C. Property is not subject to habitat conservation plan or natural community conservation plan, other than that discussed in Section IV (A1). Sources: 1, 2, 3, 16 X. MINERAL RESOURCES A. No known mineral resources. B. No locally important mineral resource recovery site delineated on local general plan. Sources: 1 XI. NOISE A,B,C,D. Construction of the commercial project will increase ambient noise level. All uses on the site will be required to comply with the city noise ordinance. Sources: 1, 2 MITIGATION MEASURES Strict adherence to construction hours and days will be required. Additional measures to mitigate traffic and operational noise will be required. Noise to be mitigated so that noise levels set in the General Plan Noise Element are not exceeded. e & f. Project is not within two miles of a public airport or in vicinity of a private airstrip. XII. POPULATION AND HOUSING A-C. The site is currently vacant, commercially designated land, so the project will not displace people or dwellings. Sources: 1, 2, 3, 4 XIII. PUBLIC SERVICES The property is presently vacant and serves no productive use. A commitment to urban uses was made as the area surrounding the study area has been developed, and the general plan and zoning maps designated for commercial development. Infrastructure improvements (i.e., streets, utilities) have been made and are adequate to serve the proposed development. The proposed land use would increase the economic productivity of the land in terms of land efficiency and greater economic return generated from these uses, versus the current state of the land. The project will result in a net increase on fiscal flow to the City of Palm Desert. Fire and Police Protection Police and Fire service has indicated that they can service the proposed project. Schools The project will be required to pay school mitigation fees per state law at time of building permit issuance. Parks The project is a commercial development. Other Public Facilities Libraries and other public facilities are adequate to serve the project. Sources: 1, 12, 14, 15 XIV. RECREATION No Impact. Sources: 1, 3 XV. TRANSPORTATION/TRAFFIC A-G. The project will result in additional traffic being attracted to this area. Existing street capacity is adequate to serve the purposed use. With proper mitigation the additional traffic impacts would be reduced to a level of insignificance. Specifically, the project will be required to widen both Monterey Avenue and Gerald Ford Drive to three travel lanes and install free flow right -turn lane from west bound Gerald Ford Drive to north bound Monterey Avenue among a series of other required items. See public Works Department conditions. Project will not change air traffic patterns. Street design and intersections will be designed to meet all city standards and the project will not include incompatible uses. There will be a demand for additional parking facilities which will be supplied by the project on site in compliance with city code. Off street sidewalks will be provided for pedestrians and bicyclists. Street improvements will minimize traffic hazards to motor vehicles. The 7th edition of the Institute of Transportation Engineers, Trip Generator Manual reports that the average weekday vehicle trip rate for a Home Improvement Superstore is 29.8 trips per 1000 square feet of gross floor area. The general plan assumed a shopping center on this site. The trip generation for a shopping center is listed at 42.96 trips per 1000 gross leasable area. Both uses, a shopping center and a home improvement store, would be expected to be similar in size with coverage of 22-23 percent. Development of the home improvement superstore will result in approximately 40% fewer vehicle trips than were assumed under the general plan. Sources: 1, 2 XVI. UTILITIES AND SERVICE SYSTEMS A. Project will not exceed limits. B. CVWD has indicated ability to serve this project. C. Construction of said facilities are currently under review. They will occur with or without this project. D. See (B) above. E. See (B) above. F. Landfill space is available in the immediate area and long term will be available at Eagle Mountain. G. City will enforce these statutes through Environmental Conservation Department. Sources: 1,11, XVII. MANDATORY FINDINGS OF SIGNIFICANCE A. The proposed project was evaluated to determine if there is the potential for significant effects to biological and cultural resources. No such impacts were identified. In addition, no rare or endangered plant communities will be eliminated. This site was considered for commercial purpose in the Draft Environmental Impact Report for the City of Palm Desert Comprehensive General Plan, and was incorporated into the Final Environmental Impact Report. That document identifies a series of mitigation measures that will reduce the impacts of General Plan implementation below a level of significance. Where applicable, such mitigation measures have been carried forward into this project. Potential for the commercial project to have substantial environmental effects on human beings, either directly or indirectly, has been evaluated. The proposed project will not create any new impacts that cannot be mitigated. Mitigation measures have been incorporated where necessary to reduce potential environmentally adverse impacts to humans to a less than significant level. Therefore, impacts associated with implementation of the proposed project will be less than significant. (Sources: 1, 3) ARCHITECTURAL REVIEW COMMISSION JUNE 8, 2004 MINUTES Gregory commented that if exposed wood on production homes can be avoided, it's probably better. Commissioner Vuksic suggested that on Plan 1 the single garage door could be moved to the right about 12" so that instead of having spindly pieces of plaster columns, you would have one thicker one on the end and the garage door would be right up against the building mass. Mr. Penrose commented that the only drawback would be that it might be a little bit more difficult to drive a car into the garage. Commissioner Vuksic asked about the lintel detail. Mr. Penrose stated that they will all be stucco and painted a contrasting color. Commissioner Vuksic stated that the elevations look nice. Commissioner Gregory commented that the applicant did a great job on the revisions. Action: Commissioner Oppenheim moved, seconded by Commissioner Lambell for approval. Motion carried 6-0-0-1 with Commissioner Hanson absent. 2. CASE NO.: PP 04-13 APPLICANT (AND ADDRESS): CHRIS BRATTY, 1920 Main Street, Suite 850, Irvine, CA 92614 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of 135,152 square foot Lowe's Home Improvement Center. LOCATION: NE comer of Monterey Avenue and Gerald Ford Drive ZONE: Chuck Landa, architect, was present to comment on Lowe's. This particular building on the inside is a Lowe's prototype. They've thrown away the outside prototype architecture and tried to come up with something that was different. We haven't done anything like this on a Lowe's building before. What we're trying to do is make it simple and not look contrived. The doors are setback about 4' into the building and they added a canopy to get more shade and shelter on the entries. The building is designed as a tilt -up building but it was also conceived where the same thing could be done in split -face masonry. They're going to use form liners to put texture on all the walls. It could also be G:Planning\Donna Quniver\wpdocs\Agmin\AR040608.MIN 9 ARCHITECTURAL REVIEW COMMISSION JUNE 8, 2004 MINUTES a combination of tilt -up and block. There are a lot of ins and outs on the building. The sidewalk is narrow along the front of the building. Normally, the Garden Center isn't along the street, but in this particular case it is so we've gone to some lengths to decorate the fence so that it looks more architectural. The loading dock is about 300' off the street so it won't be "jumping right out" at people as they go by. Commissioner Vuksic stated that he was having a little trouble following the roof and elevation plans. He asked about the forms on the Gerald Ford side of the building and where they are on the roof plan so that he could see what's happening in terms of ins and outs. Mr. Landa stated that the roofs on the Garden Center are setback from the fence 10'-20'. On the roof plan, they left out the fence and the forms are part of the fence. Commissioner Vuksic asked how far the tan and blue forms come out. Mr. Landa commented that they come out about 16"-18". They would be masonry with a stucco finish. The shallowest ones have to be about 2' deep in order to work structurally because they're basically cantilevered out of the ground. There's nothing behind the structure. The fence would be made of tubular steel. Commissioner Vuksic asked about the adjacent property. Mr. Drell stated that there will be apartments (Sares-Regis) on the east side of Lowe's which will be about 4'-5' lower. The landscape plan shows a line of trees along the property line. We've talked about getting Lowe's and Sares-Regis together to landscape the property line in one effort. The apartments will be two story. Commissioner Vuksic commented that the back side of Lowe's is 27' tall, but it's really dwarfed by the parapets over the top of it. Mr. Landa stated that you'd have to be a long way away to see the back of the parapet. Commissioner Vuksic stated that it's not the intent of Lowe's to wrap the parapet all the way around. They intend to just do the front and the sides. Mr. Landa stated that the equipment will be behind the parapet wall. Commissioner Van Vliet commented that you might be able to see the equipment from a distance. He suggested wrapping the parapet all the way around. Mr. Landa stated that the units themselves are only about 3' tall and they'll be below the parapet line. Commissioner Gregory commented that the back would be visible by someone traveling west on Gerald Ford. Mr. Landa commented that he could do a site line study. If you're going to see it, you're only going to see a little bit of the top. Commissioner Van Vliet asked if there was a problem wrapping the parapet around and making it look like a full element. Mr. Landa commented that they're going to be about 300' or 400' off the road. That's quite a distance across quite a lot of roof before you'd ever see this. Your site line is going to be 20' below the parapet. Mr. Drell commented that they have to prove why it G:Planning\Donna Quaiver\wpdocs\Agmin1AR040608.MIN 10 ARCHITECTURAL REVIEW COMMISSION JUNE 8, 2004 MINUTES can't be seen. They also want a site line from the apartments. Mr. Landa stated that it wouldn't be a problem at all to do the study. Mr. Drell asked if it would be a big deal to wrap the back of the parapet around. Mr. Landa stated that it's more money. He suggested putting a grill in the back to enclose it so that they still get good air circulation. Commissioner Gregory stated that he was concemed about the south elevation. It appears that there are cars parking directly adjacent to the fence. Mr. Landa stated that the buffers would be about 3' from the fence. Commissioner Gregory asked if they intended to add a straight curb with something behind it or would they use wheel stops. Mr. Landa stated that they typically use wheel stops. Commissioner Gregory commented that he would prefer seeing a planter of some type in that area to nestle the building in a little bit. Once you look through the parking lot trees, which are regularly spaced, that will be a very strong elevation. The front of the store needs to be accessible but the blank wall to the left of the main entry could be made to be more interesting. The south side has a lot of elevation with nothing to break it up. The forms are nice architecturally, but they have an opportunity to add a planter there and get some elements to help nestle it in. Mr. Landa stated that they might be able to add some planters in two small areas, but they have to maintain a pretty big opening in the middle because that's where all the deliveries come in for the Garden Center. Mr. Landa asked about the size of the planters. Commissioner Gregory commented that the planter on the east side varies from 8'-13', which is fine. The planter has to have substantial width so that it can actually work. It will give them the opportunity to plant a few vertical elements in places where it makes sense. This is not to hide the architecture because it looks good. The blank wall to the left of the entry needs to be worked on. Mr. Landa stated that sometimes they leave a blank area to emphasize the architecture. Commissioner Vuksic commented that some of the blank areas look better on the elevations than they really will because they have horizontal lines drawn through them, but basically they're a split -face type of texture. The texture is not strong enough to pull off the areas that he's talking about. The area to the left of the entry is too blank. The wall next to it with the palm trees has a big blank wall with a little door in it, which is going to look too plain. It serves as a canvas for the shadows of the trees, which is sort of a neat idea but it's got a little service door stuck in it. Mr. Landa stated that the fire code forces them to have a door every 100' because of the nature of the storage inside the building. Commissioner Vuksic stated that then he needs to work with it and do something there. Where you've done stuff, it looks nice. The entry has huge forms and he'd like to see them carried back G:Planning'Donna Quaiver\wpdocs'Agmin\AR040608.MIN 11 ARCHITECTURAL REVIEW COMMISSION JUNE 8, 2004 MINUTES further. It looks very lopsided on the side elevations so they should go back at least twice as far as they are now. The north elevation has a lot of very blank -looking wall. There should be some plane changes at the stepped areas. They need to do more to this very blank wall. The horizontal lines are deceiving. They make it look better than it's really going to look. The River has very successfully dealt with some very large, blank walls by just having some nice patterning with different colors or textures of block veneer. Sometimes it's nice to have a blank wall as a relief from all the excitement that's going on in another area. There needs to be the right balance and they're not there yet. On the back, there's a lot of concern. Commissioner Lopez suggested texturing or color blocking the rear elevation. Mr. Landa stated that this is the delivery area and won't be seen. Commissioner Vuksic stated that he's not asking that the back look like the front but the back has to look acceptable because you do see it from places other than the delivery people. Commissioner Lambell commented that the east elevation will be seen from the apartments. Mr. Landa stated that they've already put a lot of texture and variations on this wall that they normally wouldn't do. Mr. Drell suggested possibly just using paint. Commissioner Vuksic stated that he didn't feel that paint would be enough, but it would help a lot. Try to find the line of acceptability. Commissioner Van Vliet asked about the external roof drains on the back side. Mr. Landa stated that they use a basic conductor head into a basic down spout, which are 5" x 14". Commissioner Vuksic stated that they're substantial and there's a certain order to them. Commissioner Lambell asked about the location of the cart storage. Mr. Landa stated that there are a number of cart corrals throughout the parking lot. There's an area inside the store where the carts are brought in for the customers to access. The lumber carts are usually lined up in the aisles in the lumber department. Commissioner Vuksic asked about roof access. Mr. Landa stated that the access to the roof is inside the building. Action: Commissioner Van Vliet moved, seconded by Commissioner Vuksic to continue the request with the following comments: (1) wrap parapet around all sides of the roof -mounted equipment, (2) add planter area at south side of building (approximately 8' -13') in front of parking spaces instead of wheel stops, (3) carry forms back twice as far as shown on side elevations, (4) add changes in plane on the north elevation, which is very blank -looking, and (5) add architectural interest to east elevation, which will be visible from future apartment complex. Motion carried 6-0-0-1 with Commissioner Hanson absent. G:Planning\Donna Quaiver\wpdocs\Agmin\AR040608.MIN 12 ARCHITECTURAL REVIEW COMMISSION JUNE 22, 2004 MINUTES 5. CASE NO.: MISC 04-36 APPLICANT (AND ADDRESS): DESERT DESIGN BUILDERS, 42-480 Ritter Circle, #4, Palm Desert, CA 92211 NATURE OF PROJECT/APPROVAL SOUGHT: Request approval of 16' roof height on a single-family residence. LOCATION: 74-210 Covered Wagon Trail ZONE: R-1 Mr. Smith commented that a small portion of the roof element is above 15'. The element is 16' in height, hence the commission would have to review it. They're maxing out the hip aspect of the roof. Action: Commissioner Hanson moved, seconded by Commissioner Lopez for approval. Motion carried 6-0-0-1 with Commissioner Van Vliet absent. B. Preliminary Plans 1. CASE NO.: PP 04-13 APPLICANT (AND ADDRESS): CHRIS BRATTY, 1920 Main Street, Suite 850, Irvine, CA 92614 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of revised plans for a 135,152 square foot Lowe's Home Improvement Center. LOCATION: NE corner of Monterey Avenue and Gerald Ford Drive ZONE: Mr. Smith stated that the Architectural Review Commission reviewed plans for Lowe's at its last meeting two weeks ago. The revised plans were displayed for the commission to review. They've enclosed the roof element, added some of the pattern work that was missing in the earlier version on the rear elevation and landscaping adjacent to the Garden Center. G:Planning\Donna Quaiver\wpdocsWgmin\AR040622.MIN 5 ARCHITECTURAL REVIEW COMMISSION JUNE 22, 2004 MINUTES Commissioner Vuksic asked Chuck Landa, Lowe's architect, about the types of block that they intend to use. Mr. Landa stated that they're designing it so that it can be either tilt -up or split -face construction. Part of it will be precision block and part of it will be split -face block. If it's tilt -up, they would use some kind of form liners to give it the same kind of texture. Commissioner Gregory asked Mr. Landa about his approach on the blank panel to the left of the main entry on the west elevation. Mr. Landa stated that he's added banding to break up the bare surface. Commissioner Lambell asked if it would be a color change or a texture change. Mr. Landa stated that it'll be a texture change. Commissioner Vuksic stated that what they've done looks good, but hoped that in reality there's enough of a change. Mr. Landa stated that they've done a similar type of banding with a contrasting texture on another project and it does read very well, especially in a bright light situation. Commissioner Hanson commented that the overall color palette seemed awfully Tight. There's not going to be a lot of dissimilarity between the lavender color and precision block. Mr. Landa stated that the block will be painted. Commissioner Vuksic commented that the hues are alright, but it's amazing how the colors wash out in the desert environment. The lighter colors will look blinding white on the building. They may want to adjust the colors. Commissioner Hanson asked if all the tilt -up panels or the block would be painted. Mr. Landa stated that they would be painted. Lowe's philosophy is that they have to put a sealer on it anyway so they may as well put a colored sealer on it. Commissioner Hanson suggested that they make the colors a little darker by a shade. Commissioner Vuksic asked what was changed on the east elevation that faces the residences. Mr. Landa stated that there was concem expressed about the back of the parapet. They've closed the back of the parapet so that it doesn't look like a false front and they've done a site line study which shows that it won't be seen by the residences. Commissioner Vuksic asked about articulating the rear elevation with some type of pattern. Mr. Landa stated that they're keeping the same patterns that were originally proposed but instead of hiding the down spout elements they're doing them in a different color to break up the linear feel to the east elevation. Commissioner Vuksic commented that he was concemed about people in the neighboring property looking at the east elevation of Lowe's. It seems like they could do something more with color and patterns in this area. Mr. Landa stated that on the G:Planning\Donna Quaiver\wpdocs\Agmin1AR040622.MIN 6 ARCHITECTURAL REVIEW COMMISSION JUNE 22, 2004 MINUTES other walls they've mainly articulated with patterns. Commissioner Gregory stated that the utility area of a building is looked at as basically a service -related space and maybe it wouldn't be too difficult to make it somewhat more interesting. Mr. Landa stated that generally he thinks about the other elevations and forgets about the back of the building. He could do some additional banding. Commissioner Vuksic commented that this could be done at a staff level. Mr. Drell asked if the banding should be done with texture or color. Commissioner Vuksic stated that he thinks that it needs both texture and color. Action: Commissioner Vuksic moved, seconded by Commissioner Lopez for preliminary approval subject to addressing patterning, texture and color of banding on the east elevation and the selected colors on the building being a shade darker than they're currently represented with approval by staff. Motion carried 6-0-0-1 with Commissioner Van Vliet absent. 2. CASE NO.: CUP 04-06 APPLICANT (AND ADDRESS): CINGULAR WIRELESS, 3345 Michelson Avenue, Suite 100, Irvine, CA 92612 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of a wireless telecommunications facility including a 65' high mono- palrn and equipment shelter. LOCATION: 38-105 Portola Avenue, Santa Rosa Country Club ZONE: OS Mr. Urbina stated that staff contacted the management at Santa Rosa Country Club where the second mono -palm is proposed. There's already an existing mono -palm at Santa Rosa Country Club which is 56' in height with five live palm trees surrounding it. Staff contacted the management today and spoke to the general manager asking him if there was a possibility if the second proposed mono -palm by Cingular Wireless could relocate immediately west of the existing mono -palm. The reason for that is where the applicant for Cingular is proposing their mono -palm would be substantially closer than where the existing one is. The proposed mono -palm would only be 15' from the fronds to the property line of Palm Desert Greens mobile home subdivision and 64' from the existing mono -palm. The manager indicated that he was G:Planning\Donna Quaiver\wpdocs\Agmin\AR040622.MIN 7 INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Steve Smith FROM: Mark Greenwood, City Engineer SUBJECT: PP 4-13 Lowe's Building Center DATE: June 8, 2004 The following should be considered conditions of approval for the above -referenced project: (1) Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall be designed to retain a 100 year storm .and to retain nuisance water on -site. Any off -site drainage shall be preceded with property owner's permission. (2) Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. (3) The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. (4) A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. (5) All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. (6) Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. (7) As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved bythe Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. (8) Landscape installation on the property frontages as well as on -site shall be drought tolerant in nature and maintenance shall be provided by the property owner per City of Palm Desert standards. Owner shall enter into a landscape maintenance agreement with the City of Palm Desert (9) Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control and Section 24.20, Stormwater Management and Discharge Control. (10) In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the City Engineer for checking and approval prior to issuance of any permits. Preliminary landscape plans shall be submitted for review concurrently with grading plans. (11) Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. Future develpment pad shown at the northern part of the site shall be lowered to 316'. (12) Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards and the city's Circulation Network including the following: • Full improvement of Gerald Ford Drive and Monterey Avenue with 75' dedication to accommodate a 9' half center median, 3 thru travel lanes, a bike lane, and 8' sidewalk within a 24' parkway. • Deceleration lanes shall be installed at the westerly entrance on Gerald Ford Drive and all Monterey Avenue entrances. • Developer shall install a landscaped center median on MontereyAvenue and be reimbursed by the City of Palm Desert for half the cost. • Right -of -way dedication shall be of sufficient width to include dual left turn lanes on southbound Monterey Avenue at Gerald Ford Drive. • Proposed public street at the northern edge of the site shall be improved with a 26' half street section within 38 feet of right-of-way. • Northern driveway on Monterey Avenue shall be left and right in only, with no left out. • An assessment district may be formed to install some of these improvements. Rights -of -way necessaryforthe installation of the above referenced improvements shall be dedicated to the city prior to the issuance of any permits associated with this project. (13) This project shall be limited to two driveways each on Gerald Ford Drive and Monterey Avenue, and one on the proposed street on the northern end of the project. Driveway and parking Tots shall be inspected by the Public Works Department and a standard inspection fee paid prior to the issuance of a grading permit. Driveway shall be 30' minimum in width. The minimum length of the driveway throats -the distance between the prolongation of the curb on Monterey Avenue and the first break in the parking lot islands -shall be 100'. (14) Grading shall be co-ordinated with the property to the east so that the property line shall be located at the top of slope. Mark Greenwood, P.E. G1PubWorks\Conditions of Approva!PPLANS\PP 4-13 Lowe's.wpd CALIFORNIA PcIRE1PRO T c449), Tom Tisdale Fire Chief Proudly serving the unincorporated areas of Riverside County and the cities of: Banning r'• Beaumont Calimesa Canyon Lake • Coachella • Desert Hot Springs • Indian Wells • Indio Lake Elsinore • La Quinta • Moreno Valley • Palm Desert • Perris Rancho Mirage • San Jacinto Temecula Board of Supervisors Bob Buster District 1 John Tavaglione District 2 Jim Venable District 3 Roy Wilson District 4 Tom Mullen District 5 RIVERSIDE C, _AUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 210 West San Jacinto Avenue • Perris, California 92570 • (909) 940-6900 • FAX (909) 940-6910 Cove Fire Marshal's Office 73710 Fred Waring Drive #222 Palm Desert CA 92260 (760) 346-1870 TO: REF: ba, ° 7 (/3 If circled, conditions apply to proiect DATE: -5.7Z With respect to the conditions of approval regarding the above referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, CFC, and CBC or any recognized Fire Protection Standards: The Fire Department is required to set a minimum fire flow for the �,. remodel or construction of all buildings per UFC article 87. A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual pressure must be available before any combustible material is placed on the job site. Provide or show there exists a water system capable of providing a gpm flow of: 3. 1500 gpm for single family dwellings 2500 gpm for multifamily dwellings 3000 gpm for commercial buildings The required fire flow shall be available from a wet barrel Super Hydrant (s) 4"x 2 '/" x 2 %Z", located not less than 25' nor more than: 6. 200' from any portion of a single family dwelling measured via vehicular travelway 7. 165' from any portion of a multifamily dwelling measured via vehicular travelway 150' from any portion of a commercial building measured via vehicular travelway Water Plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 10. Please be advised the proposed project may not be feasible since the existing water mains will not meet the required fire flow. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approved the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. All valves controlling the water supply for automatic sprinkler systems and Water -flow switches shall be monitored and alarmed per CBC Chapter 9. Install a fire alarm system as required by the UBC Chapter 3. Install portable fire extinguishers per NFPA 10, but not less than one 2AI OBC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 16. Install a dust collecting system per CFC Chapter 76 if conducting an operation that produces airborne particles. All building shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall not be less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn -around 55' in industrial developments. 10 Whenever access into private property is controlled through use of' gates, barriers or other means provisions shall be made to install a "Knox Box" key over -ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 19. A dead end single access over 500' will require a secondary access, sprinklers or other mitigative measures approved by the Fire Marshal. Under no circumstance shall a dead end over 1300' be accepted. 20. A second access is required. This can be accomplished by two main access points from a main roadway or an emergency gate from an adjoining development. This project may require licensing by a state or county agency, to facilitate plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancv type. All buildings shall have illuminated addresses of a size approved by the city. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. All questions regarding the meaning of these conditions should be referred to the Fire Marshal's Office at (760) 346-1870 in Palm Desert. Location: 73710 Fred Waring Drive #222, Palm Desert CA 92260 Other: ,5( Sincerely, David A. Avila Fire Marshal INTEROFFICE MEMORADUM City of Palm Desert TO: STEVE SMITH, PLANNING MANAGER FROM: FRANKIE RIDDLE, MANAGEMENT ANALYST SUBJECT: PP 04-13: EN ENGINEERING FOR LOWE'S DATE: JUNE 2, 2004 The precise plan has been reviewed to determine the need for a bus shelter/stop at the project location and inclusion of required trash/recycling enclosure for each project. Bus Shelter: I have discussed this project with Leslie Grosjean of SunLine regarding the need for a bus stop/shelter at this project site. This project is located on an existing or future bus route expansion plan along Gerald Ford and Monterey Ave.; therefore, a bus shelter/stop and turnout lane will be conditioned as part of this project. As this project is located at the corner of Gerald Ford and Monterey, the location of the bus stop/shelter and turnout lane should be on Monterey Ave. after the entrance and approximately 300' to 400' south project property line. Trash Enclosures: The plan does not appear to adequate address trash enclosure(s) needs. The plan must provide for a trash/recycling enclosure that is consistent with the Palm Desert Municipal Code. The construction of trash enclosures shall be consistent with PDMC, Chapter 8.12. Waste Management of the Desert's must review and approve the plans prior to final approval by the City, as it is their vehicles that will be servicing the complex and who determine trash capacity for the complex. They should also assist in determining the location of enclosure to meet the circulation needs of the disposal (waste) trucks. The Applicant may contact Jennifer at Waste Management of the Desert at (760) 340-6445 regar¢jng this issue. FRANKIE RIDDLE MANAGEMENT ANALYST cc: Amir Hamidzadeh, Director of Building and Safety Mark Greenwood, P.E. City Engineer CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: Steve Smith, Planning Manager From: Diane Hollinger, Landscape Specialist Date: June 7, 2004 Subject: Lowe's of Palm Desert Steve, as requested, I have reviewed the proposed preliminary landscape plan for the Lowe's in Palm Desert. Following are my comments: The oak tree choice for the parking lot may take some time to achieve a canopy for shade. The ash tree is a good choice but will require a larger planter (10' X 10' at least) due to the extensive root system. Perhaps the use of structural soil should be considered where enlarging the planter is not possible. Do not use Brachychiton trees. They sunburn and they defoliate. There are other choices for screening that can be used. (What are they trying to screen?) While there is an extensive shrub list, most of the planter areas appear to be decomposed granite. Where are the shrubs to go? Specify plant spacing. Specify type and size of d.g. Some parking areas do not meet the City of Palm Desert's Parking lot Tree Ordinance. The planters look to be narrow. Please verify the length and width of the planters at the end of the row of parking. There is no approved grading plan at this time to compare the preliminary landscape/ hardscape plan against. Should you have questions or comments contact Diane Hollinger at extension 444. G:\PubWorksDDiane Hollinger\Word Data\Memcs\Steve Smith Lowes.doc CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: Steve Smith, Planning Manager From: H. Spencer Knight, Landscape Manager Date: July 15, 2004 Subject: Lowe's of Palm Desert In response to your request, I have reviewed the preliminary landscape plan for Lowe's. The pad is relatively level and the landscape will not provide a significant amount of screening. I request that additional screening be provided through the use of a low garden wall (30 — 40 inches in height) and/or mounding. A combination of mounding and a garden wall would be preferable. If you have any questions please contact me at extension 454. Cc: Diane Hollinger, Landscape Specialist G:\PubWorks\Spencer Knight\My Documents\MEMOS\MEMO-Steve Smith Lowes.dot CITY OF PALM DESERT ART IN PUBLIC PLACES INTEROFFICE MEMORANDUM To: Steve Smith, Planning Manager From: Deborah Schwartz, Public Art Coordinator °" Date: 05/07/04 Subject: Lowe's Building Center (Case No. PP04-13) The Art In Public Places Department recommends that the public art fee for the Lowe's Building Center be used for an onsite public art project. We estimate that the total fee is approximately $54,000 and feel that this amount will allow for a significant public art project. ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 'TELEPHONE (760) 398-2651 • FAX (760) 398-3711 DIRECTORS: OFFICERS: JOHN W. McFAODEN, PRESIDENT PETER NELSON, VICE PRESIDENT TELLIS CODEKAS RUSSELL KITAHARA PATRICIA A. LARSON May 26, 2004 Department of Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Gentlemen: STEVEN 8. ROBBINS, GENERAL MANAGER -CHIEF ENGINEER MARK BEUHLER, ASST. GENERAL MANAGER JULIA FERNANDEZ, SECRETARY DAN PARKS, ASST. TO GENERAL MANAGER REDWINE AND SHERRILL, ATTORNEYS File: 0163.1 0421.1 0721.1 Subject: Precise Plan No. 04-13 This area lies on the sandy area in the northern portion of Palm Desert and is considered safe from regional stormwater flows except in rare instances. This area is designated Zone C on Federal Flood Insurance rate maps which are in effect at this time by the Federal Emergency Management Agency. Drainage from this area is contributory to the Mid -Valley Stormwater Project. The city shall require mitigation measures to be incorporated into the development to prevent flooding of the site or downstream properties. These measures shall include on -site retention of water from the 100-year storm, dedication of right-of-way for regional flood control facilities or other participation in the financing of regional flood control facilities. The District will famish domestic water and sanitation service to this area i accordance with the current regulations of this District. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. Applicant required to sign lower pressure water agreement letter. This area shall be annexed to Improvement District Nos. 58 and 81 of the District for sanitation service. The District requires restaurants to install a grease interceptor, including a sample box, sanitary tee and running trap with cleanout, prior to any discharge to its sanitation facilities. The size of the grease interceptor will be determined by the Riverside County Environmental Health Department and approved by the District. Installation of the interceptor will be inspected by the District. TRUE CONSERVATION USE WATER WISELY Department of Community Development City of Palm Desert -2- May 26, 2004 The District requires detail, repair and Tube auto shops and car washes to install an oil and sand separator, including a sample box, sanitary tee and running trap with cleanout, prior to any discharge to its sanitation facilities. The size of the oil and sand separator will be determined by the Riverside County Environmental Health Department and approved by the District. Installation of the oil and sand separator will be inspected by the District. The District requires laundromats and commercial establishments with laundry facilities to install a lint trap. The size of the lint trap will be determined by the Riverside County Environmental Health Department and approved by the District. Installation of the lint trap will be inspected by the District. Pianis for guiding, landscaping and irrigation systems shall lot; submitted to the Distiict for review. This review is for ensuring efficient water management. If you have any questions please call Dan Charlton, Stormwater Engineer, extension 2316. Yours very truly, Patti Schwartz Assistant Director of Engineering cc: Majeed Farshad Riverside County Department of Transportation 82-675 Highway 111, CAC Building, Second Floor, Room 209 Indio, California 92201 Jeff Johnson Riverside County Department of Public Health 82-675 Highway 111, CAC Building, Second Floor, Room 209 Indio, California 92201 DC: tf\eng\sw\maylpp-04- 13 040629-3 COACHELLA VALLEY WATER DISTRICT June 4, 2004 City of Palm Desert Attn: Steve Smith, Planning Manager 73510 Fred Waring Drive Palm Desert, CA 92260 Re: PP 04-13 Dear Mr. Smith, Via Fax and Mail MMUNIT'i CITY OF PALM D'63E;10' Thank you for sending the latest Lowe's site plan. Phil Drell said he would not take our letter in good faith and that no EIR is being done "just to keep environmental consultants in business". Anyhow, enclosed is a blow up of a zoning map for the area in RM across from Lowe's site. Please take a look at the blue line comments I put on the plan related to access points. Sincerely, Planning Manager AlYYC, _ Tti'3TiCN Tel (7'50) 3.24-45' 1 F r7 0 324.3830 C:OM UN7Y aol-ncr+1 i,mancc Tel. (76C; 328-2'66 T'.: (763` 77Q-3737 y. (76(j) 322 1 Fax.(760) 324-:,,523 AUT'+ORIT`% •• 6 ) 7 o 321': F�a:iC LIDRARV Tel (760) 34 1 -7323 Fay. (C60 3 :1 -52 13 PUBLIC TO. (760) 77'5•3224 Fax. (760) 770 �231 09 F25 14;C4-t.`JAY 111 't4i•4C}I-0 CA 93 7i0 5-27-04; 7:45M;CITY RANCHO MIRAOE :3249851 CITY OF R May 27, 2004 City of Palm Desert Attn: Steve Smith, Planning Manager 73510 Fred Waring Drive Palm Desert, CA 92260 Re: PP 04-13 Dear Mr. Smith, M1 RAGG Via Fax and Mail Thank you for requesting our comments on the Lowe's project proposed at the northeast corner of Gerald Ford Drive and Monterey Avenue. On May 13, 2004 we received your Request for Conunents form, along with only two exhibits: the landscape plan and building elevations. It appears obvious that a project of this magnitude requires the preparation of a project specific Environmental Impact Report. At the very least questionable land use compatibility, traffic and air quality impacts will affect the City of Rancho Mirage. CEQA provides that if it is obvious an EIR should be prepared, you may skip the Initial Study and direct the applicant to hold a Scoping Session. Since we were not given an Initial Study to review we must assume an EIR is being prepared. Please invite both Rancho Mirage Planning and Public Works to the Scoping Session. At that time when more exhibits are presented we will be in a better position to conunent of the proposal as it impacts Rancho Mirage. Scoping helps to identify the range of actions, alternatives, environmental effects, methods of assessment, and mitigation measures to be analyzed in depth, and may eliminate from detailed study those issues that are not important to the issues at hand. This may allow a focused EIR, using the General Plan EIR as incorporated by reference for those effects not considered potentially significant from the specific project. Thank you for considering our comments. We were given 11 business days to comment on this significant project on our city boundary; comments were due at 5:00 pm today. This letter is being faxed at 7:45 pm. Given the growth in the valley and planning workload, we hope you accept these comments in good faith. Planning Manager ADMINISTRATION COMMUNITY DE'4ELOPMEf1T FINANCE HOUSING AUTHORITY PUDLIC LIDRARY PUDLIC WORKS Tel. (760) 324-4511 Tel. (760) 328-2266 Tel. (760) 770-3207 Tel. (760) 770-3210 Tel. (760) 341-7323 Tel. (760) 770-3224 Fax. (760) 324.8830 Fax. (760) 324-9851 Fax. (760) 324-0528 Fax. (760) 770-3261 Fax. (760) 341.5213 Fax. (760) 770-3261 69-825 ?-+ICI-FWAV 111 /.12AIIC40 MIRAGE, CA 92270 www.ci.rancho-mirage.ca.us Received May-27-2004 18:52 From-3249851 To -PALM DESERT PUBLIC W Page 001 PALM DESERT POLICE DEPARTMENT Served by the Riverside County Sheriff's Department Bob Doyle, Sheriff -Coroner 73520 Fred Waring Drive Palm Desert, CA 92260 (760) 836-1600 Fax (760) 836-1616 May 10, 2004 City of Palm Desert Planning Department 73510 Fred Waring Dr. Palm Desert, CA 92260 ATTN: Steve Smith, Planning Manager RE: PP 04-13 Dear Mr. Smith, REC $ ,;4 COMMUNITY DEVELOPMENT „LOPMENT DEPARTMENT CITY OF PALM DESERT Thank you for the opportunity to comment on the proposed Lowe's Building Center, located on the northeast corner of Monterey Avenue and Gerald Ford Drive in Palm Desert. Complete plans were not submitted showing the specific design of the interior sales area, garden area, storage area, and receiving area. At this time I will comment on the overall general building design, and request the right to review the detailed plans for the buildings when they become available. The following issues of concern related to public safety and law enforcement are presented: 1. Current Planned Design: A. Exterior Building Security: The exterior doors should be of steel construction and secured with a heavy-duty type lock to provide protection against forced entry. I recommend a security alarm system be installed for all exterior doors/windows along with interior motion sensors and roof hatch sensors. The subscriber (Lowes) should provide the servicing alarm vendor with a point of contact, and/or responder in the event of an alarm activation. The responder is normally a manager or assistant manager with keys to all areas of the building that could meet with deputies in the event of an alarm activation. I also recommend a Knox Box with a key to the front door be mounted on the exterior of the building, near the front doors. In the event of an alarm activation and a responder is not available, deputies could enter the building and search for intruders when the business is closed. B. Security Cameras: The use of security cameras may also prevent loss of business equipment and/or merchandise. The security cameras should function continuously and should be recorded on VHS Videotapes or digital recorders and should be stored for a minimum of 45 days for future review in the event a past theft or crime needs to be investigated by police. C. Exterior Lighting Plan: (Refer to Post -Construction Comments). Page 2 D. Roof Access: The exterior of the building should not have exterior ladders, stored equipment, or landscaping (i.e. trees) that would allow access to the roof by unauthorized persons. Additionally, all roof top vents and hatches should be reinforced and locked to prevent forced access. There should be an interior ladder, locked with the padlock keyed the same as the front door, that leads to the roof in the event deputies need to access the roof in the event of an alarm activation or emergency situation. E. Landscaping: The landscape design should be based on the use of planted items that will not overgrow areas of the business and/or property. For example, trees or shrubs, should not be planted as to block the outside view of the front glass windows/doors, nor should they be planted in a manner that will obstruct observation of exterior doors from the surrounding roadways. Additionally, the selection of the proper type landscaping, along with its proper placement, can help deter graffiti and other vandalism. 2. Construction Site: A. Exterior Fence: Prior to construction of any structure, a material storage area should be established along the perimeter of the property and enclosed by a six (6) foot chain link fence with locking gates to minimize theft of materials and/or equipment. B. Equipment, Staffing, and Supervision: It is recommended that a list of serial and/or license numbers of equipment stored at the location be maintained both at the site and at any off -site main office. The public and non -essential employees should have restricted access to the construction areas. Current emergency contact information for the project and construction supervisor should be kept on file with the Palm Desert Police Department. A list of construction employee's names who are permitted to be on the construction site in the evening hours should be kept with the construction supervisor in the event deputies check the site and locate unauthorized personnel. Any phones at the site that are blocked for outgoing calls should not be blocked from dialing 9-1-1. C. Lighting and Storage: The developer and/or builder's name, address, and phone number should be conspicuously posted at the construction site. Visibility into the construction site should not be intentionally hampered by equipment or storage of construction materials. Any stored construction material should be stored near as possible to the center of the site and should be kept at a minimum height to allow view into the site from the surrounding roadways. The construction site should be well lit during hours of darkness to prevent intruders and all entrances and exits should be clearly marked and locked when not in use. D. Parking and Temporary Roadways: Designate and establish specific parking areas for construction site workers and employees. The parking areas and commercial areas on the premises should be accessible to emergency vehicles at all times with paved pathways of sufficient width to accommodate such vehicles in the event of emergencies. Page 3 3. Post Construction & Project Completion: A. Lighting: The current proposal does not include an exterior lighting plan for the location. All exterior lighting standards and fixtures should be resistant to vandalism and tampering. The standards should be of a height to reduce any tampering or damage. It is recommend that metal halide type lighting be used for the reasons of accurate color rendition and increased visibility. Each exterior door along the sides and rear of the building should have a light above them that is out of reach and tamper proof. B. Graffiti Issues: Prior to occupancy, the surface of walls, fences, buildings, logo monuments, etc... should be graffiti resistant either through surface composition, applied paint type and/or planned shielding by landscaping or plants. C. Business Numbering or Monument: The property address should be prominently displayed and visible from the adjacent roadways. The numbers affixed to the building should be a minimum of a't' high block style numbers, id" in width, and of contrasting color from the building facade. This will assist in emergency responses by the fire department or the Palm Desert Police Department. 4. Vehicular Traffic: A. Monterey Avenue: Monterey Avenue's posted speed limit is currently 60 Miles Per Hour for north and southbound traffic. The plans show the addition of one northbound lane on the east side of the roadway from Gerald Ford Drive and ends at the proposed intersection north of the project. Prior to this additional lane, and just south of Gerald Ford Drive, there are still only two lanes for northbound traffic. In my experiences and observations of vehicular traffic as a patrol deputy, my opinion is that some northbound traffic may use this additional lane as a passing area. Since most of the traffic would already be at approximately 60 MPH, the passing vehicles may far exceed this posted limit due to the short distance of the lane. This might present a problem for northbound vehicles slowing to turn into the complex as well as vehicles exiting the complex to turn northbound. I recommend at least a 100 foot decelleration lane and 100 foot excelleration lane at the entyway of the complex on Monterey Avenue. B. Due to the length of uninterrupted travel for vehicles traveling north or sound on the first lane of the parking lot, just east of Monterey Avenue, I would also recommend posting stop signs for this traffic at the entry/exit to the complex on Monterey Avenue. C. Currently, the roadway in front of the proposed project only has a center median with painted double solid yellow lines to prevent illegal turns. I recommend a raised curb median be installed allowing only a northbound turn onto Monterey Avenue for vehicles leaving the complex. D. Gerald Ford Drive: Due to the existing roadway conditions on Gerald Ford Drive, I did not forsee any significant problems with vehicular traffic in the area of this proposed project. Page 4 Should the Planning Department Manager, developer, or construction staff have any questions regarding the above law enforcement and public safety concerns, they may contact Deputy Robert Bishop at (760) 836-1671, between the hours of 8:00 AM and 5:00 PM, Monday through Friday. Res ectfully Submitted Deputy Robert Bis ID#2759 Palm Desert Police Department EIIY Of MUM DES' I 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-0611 FAX: 760 341-7098 into®palm-descry. org CITY OF PALM DESERT LEGAL NOTICE CASE NO.: PP 04-13 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by EN Engineering on behalf of Lowe's Home Improvement for approval of a precise plan of design and negative declaration of Environmental Impact for a 135,152 square foot home improvement center at the northeast corner of Monterey Avenue and Gerald Ford Drive, 35-850 Monterey Avenue. DWI, Oa SUBJECT PROPERTY APN 653-260-018 .a SAID public hearing will be held at 6:00 p.m. on Tuesday, July 20, 2004 in the Council Chamber in the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary June 28, 2004 Palm Desert Planning Commission CITY Of PULfD DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 76o 346-0611 FAX: 760 341-7098 I nfo@palm-desert. org CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 04-13 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by EN Engineering on behalf of Lowe's Home Improvement for approval of a precise plan of design and Negative Declaration of Environmental Impact for a 135,152 square foot home improvement center at the northeast corner of Monterey Avenue and Gerald Ford Drive, 35-850 Monterey Avenue. Project includes a height exception to permit architectural projections at 34 feet, 36 feet, 44 feet and 48 feet. Project also includes a height exception for the wall -mounted sign at 30 feet. SAID public hearing will be held on Thursday, August 26, 2004, at 4:00 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. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk August 12, 2004 City of Palm Desert, California