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HomeMy WebLinkAboutRes 2011-15 and Ord 1221 ZOA-CUP 10-228 - KKE Architects 06-23-2011l OF PALM DES DEPARTMEN ,OF COMMUNITY STAFF REPORT Mr �Mel7l 13' T 2� REQUEST: RECOMMENDATION FOR AP R&AL &�' • AN AMENDMENT TO RESOLUTION NO. 91-5 REMOVING DEPARTMENT OF COMMUNITY DEVELOPMENT/PLANNING CONDITION NUMBER 10 THAT THE WARING PLAZA COMMERCIAL CENTER SHALL NOT INCLUDE A SUPERMARKET; AND • A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.30 OF THE ZONING ORDIANCE TO ALLOW SUPERMARKETS NOT EXCEEDING 60,000 GROSS SQUARE FEET AS CONDITIONAL USES IN THE REGIONAL COMMERCIAL PC (3) ZONE; AND • EXTERIOR MODIFICATIONS; AND • THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). SUBMITTED BY: Kevin Swartz, Assistant Planner APPLICANT: KKE Architects Brian Arial 8 Mills Place Pasadena, CA 91101 CASE NOS: ZOA/CUP 10-228 DATE: May 12, 2011 CONTENTS: Draft Ordinance, Exhibit A Draft Resolution, Exhibit A, Negative Declaration of Environmental Impact Legal Notice Draft Initial Study Acoustical Analysis Report by Helix Environmental Planning dated November 18, 2010 Resolution 91-5 Conditions #10 and #21 City Council Vons Staff Report ZOA/CUP 10-228 May 12, 2011 Page 2 City Council Minutes dated December 13, 1990, January 10, 1991, and February 14, 1991 Planning Commission Minutes dated February 1, 2011 Letters submitted in opposition to and in favor of the project Architectural Review Commission minutes dated August 10, 2010 Plans and Exhibits Recommendation: That the City Council waive further reading and: 1. Pass Ordinance No.1221 to second reading, approving an amendment to Chapter 25.30 of the Palm Desert Municipal Code to allow supermarkets not exceeding 60,000 gross square feet as conditional uses in the Regional Commercial PC (3) Zone; 2011-15 2. Adopt Resolution No. and a Mitigated Negative Declaration, and approve the findings for approval of ZOA/CUP 10-228subject to the attached conditions. Citv Council Meeting, Mav 12, 2011: At its meeting of May 12, 2011, the City Council continued the issue to the meeting of May 26, 2011, based upon further CEQA review and to come up with a solid backfill plan. Prior to the May 12, 2011 meeting, a letter was submitted by Robert Bernheimer an attorney representing Palms to Pines shopping center, dated May 12, 2011, stating the CEQA studies were flawed in regard to the traffic and noise studies. The City Council requested the applicant address the concerns outlined in the May 12, 2011 letter and work with staff. As of the date the staff report was written, staff has not seen a written backfill plan. The applicant is continuing to work with Palms to Pines and will present the backfill plan at the May 26, 2011 City Council meeting. Also, at the May 12, 2011 meeting, the applicant withdrew their request to increase the west tower element from 34 feet to 40 feet, and leave the west tower as is. Planning Commission Recommendation: At its meeting of February 1, 2011 the Planning Commission approved the project on a 3-1 vote, with Commissioner Campbell absent. The Planning Commission agreed with the Architectural Review Commission comments and recommendation of the interior and exterior modifications, along with the increase to GAPlanning\Kevin Swartz\Word\Vons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 May 12, 2011 Page 3 one architectural element from 34 feet to 40 feet. During the discussioin leading to approval of the project, Commissioner De Luna recommended massing around the tower to add more girth to an apparent narrow base. The Commission also had concerns regarding staff's recommendation of a zoning ordinance amendment to allow supermarkets not exceeding 70,000 gross square feet in a PC (3) zone. after learning that in the PC (3) zone, there is nothing undeveloped land left that would accommodate a 70,000 SG grocery store Commissioner Tanner amended his original motion, to say the maximum allowable square footage in the PC (3) zone would be 60,000 square feet for a grocery store. Architecture Review Commission Recommendation: At its meeting of August 10, 2010, the Architectural Review Commission (ARC) reviewed and approved the project. The Commission supported the exterior modifications. Commissioner Vuksic stated that he felt the height increase to the west tower was needed and liked what it did from a view standpoint from Highway 111. Commissioners Van Vliet and Lambell also liked the tower increase and agreed with Commissioner Vuksic. The ARC granted approval of the exterior and interior modifications and recommended to the City Council the height increase to the west tower on a 4-0-1-1 vote, with Commissioner Touschner abstaining and Commissioners Levin and Stendell absent. Executive Summar Vons is requesting an amendment to Resolution No. 91-5 removing Department of Community Development Condition of Approval No. 10 that the Waring Plaza Commercial Center not include a supermarket. Approval of staff's recommendation would allow a supermarket in the former Mervyns building at the Waring Plaza Commercial Center. To approve the project, a zoning ordinance amendment to Chapter 25.30 of the Palm Desert Municipal Code to allow supermarkets not exceeding 60,000 gross square feet as conditional uses in the Regional Commercial PC (3) Zone is also necessary. Zoning restrictions currently prohibit supermarkets larger than 50,000 square feet in the PC (3) zone. Approval of staff's recommendation would allow supermarkets in the PC (3) zone not to exceed 60,000 square feet. In addition, the proposed project involves minor renovations and fagade modifications. The approval of the project also includes the adoption of a Mitigated Negative Declaration of Environmental Impact as it relates to the project, pursuant to section 15074 of the California Environmental Quality Act (CEQA). G:\Planning\Kevin SwartzMordWons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 May 12, 2011 Page 4 Background: A. Property Description: The project site is located at the northeast corner of Highway 111 and Fred Waring Drive within an existing shopping center. In 1990, Precise Plan 90-13 was filed by DSL Service Company. On February 14, 1991, the City Council approved Resolution No. 91-5 on a 5-0 vote to construct a 190,394 square foot retail and commercial center known as Waring Plaza. There are five vehicular access points to the shopping center: two on Parkview Drive, two on Fred Waring Drive and one on Highway 111. Access to the shopping center is not proposed to be changed. B. Amendment to Condition of Approval Number 10: On February 14, 1991, the applicant, DSL proposed the project to the City Council with Downey Savings and Albertson's contingently signed. Residents of Joshua Road had submitted petitions in opposition of the project due to traffic concerns and the potential Albertson's supermarket. Other residents were encouraged by Albertson's, because of its location and sales tax generation. The City Council did not find a grocery store appropriate at this location, and a condition of approval was added requiring that the center not include a supermarket. Mervyns became the anchor tenant of the center, and occupied the building until 2008 when the company went bankrupt. The 78,638 square foot building has been vacant since Mervyns left. C. Prohibition of supermarkets over 50,000 gross square feet: On February 28, 1991, the City Council passed Ordinance 636 allowing supermarkets in the PC (3) zone not exceeding 20,000 gross square feet, which accommodated Trader Joe's, but eliminated traditional supermarkets. On January 12, 2006, the City Council amended the Zoning Ordinance Chapter 25.30 to allow supermarkets not exceeding 50,000 gross square feet as conditional uses in the Regional Commercial PC (3) zone. The amendment allowed specialty food stores (such as Bristol Farms and Whole Foods), which have grown into the 40,000 to 50,000 square foot range. D. General Plan Designation and Zoning: The property is currently designated Regional Commercial (C-R) in the General Plan and is zoned Planned Commercial (PC 3). GAPlanning\Kevin Swartz\WordWons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 May 12, 2011 Page 5 E. Adjacent Zoning and Land Use: North: Planned Commercial (PC3) / Commercial South: Planned Commercial (PC3) Toys R Us East: Residential Single Family (R-1) / Single Family Homes West: Planned Commercial (PC3) Commercial Project Description: The applicant is requesting approval of an amendment to Resolution No. 91-5 removing Department of Community Development Condition of Approval No. 10 that the Waring Plaza Commercial Center shall not include a supermarket, and a zoning ordinance amendment to Chapter 25.30 of the Palm Desert Municipal Code to allow supermarkets not exceeding 60,000 gross square feet as conditional uses in the Regional Commercial PC (3) Zone. In addition, the proposed project involves minor renovations and fagade modifications. The applicant has purchased the old Mervyns building, which was the primary anchor tenant for approximately 15 years. Vons is currently located at 72-675 Highway 111, and the chain recently shut down a store in Rancho Mirage on Bob Hope Drive, across from the River. Vons has been looking for a larger space to accommodate the two stores, and has expanded their products including an organic section to compete with specialty markets. Vons recently purchased the property with the intent of remodeling the building to accommodate a new 57,000 square foot supermarket, with the additional square footage divided between three future tenants. Vons was unaware of the condition of approval prohibiting supermarkets within the center. Vons would employ approximately 125 employees, whereas the current store at Palms to Pines has 75 employees. The hours of operation are from 6:00 a.m. to 12:00 a.m. Monday through Sunday, with delivery hours from 8:00 a.m. to 10:00 p.m. Monday through Saturday. A. Building Description: The proposed Vons and three additional retail spaces would be located within the existing building; no building expansion is proposed. The existing building is comprised of single story structure roughly square in proportion and surrounded by parking on three sides, with a service area and loading docks located on the north side of the building. The northwest portion of the subject building is connected to another narrow building. The building totals 78,638 square feet, with Vons utilizing 57,000 square feet. The three additional retail spaces are existing and are included Retail Space No. 1 located alone the west side of the subject building and encompassing 16,094 square feet; No. 2 located at the southwest corner of the building and encompassing 3,080 GAPlanning\Kevin Swartz\Word\Vons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 May 12, 2011 Page 6 square feet; and No. 3 located at the southeast corner and encompassing 1,980 square feet. Building setbacks are approximately 360 feet from Fred Waring Drive, 270 feet from Highway 111, 84 feet from residential homes to the east and 75 feet from residential homes on the north. The existing enclosed loading area is approximately 45 feet south of a residential neighborhood. The front entrance to the proposed Vons would face Fred Waring Drive. B. Architecture: The applicant is proposing exterior modifications to the building. The project architecture is of a Contemporary architecture design, consisting of new sliding glass doors, new clear bronze windows, two new metal trellises, adding stone veneer on the columns, and new paint colors. The paint colors are Dunn Edwards "Desert Gray", "Bungalow Taupe", "Black", "Flaxseed", and Benjamin Moore "Gargoyle" and "Grant Beige". C. Landscaping: The current landscaping has not been maintained on -site, and the applicant is proposing to replace and add landscaping where needed. The landscape palette will focus on a desert theme, with plants requiring minimal water usage. Preliminary approval from the City's Landscape Specialist has not been granted at this time. A condition of approval has been placed on the project stating that all landscape and lighting for the facility will be strictly on site and will not intrude onto surrounding properties. Other conditions are: that the plant selection is in conformance with the City's Desert Floral Palette and a final landscaping plan must be reviewed and approved by the City's Landscaping Manager before building permits are issued. Analysis: In 1990 some residents on Joshua Road were in favor of a supermarket based on location and sales tax to the City, while others opposed the Albertson's market based on traffic, delivery hours, and noise. The applicant mitigated traffic concerns by installing a cul-de-sac at Joshua Road and adding a pedestrian access gate. This new location will provide residents of the affordable housing communities and single family homes in the area the ability to walk to a supermarket. The proposed new Vons store is not a net increase to business in the city. However, accommodating their request reflects changes in the way grocers position themselves in the market today. Larger stores are able to offer a larger selection of products and the ability to incorporate drugstores, which used to be in separate but adjacent stores. GAPlanningWevin Swartz\Word\Vons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 May 12, 2011 Page 7 The original condition of approval prohibiting supermarkets conflicts with Condition of Approval No. 21, which allows commercial uses to be approved at an administrative level. Removing the subject condition will eliminate the discrepancy. Since Vons would be located adjacent to residential homes, staff has placed conditions of approval similar to ones that were placed on Bristol Farms and Albertsons, which are also adjacent to residential homes. Additionally, staff believes that removing Condition of Approval No. 10 and allowing a supermarket in the Waring Plaza Center will help revitalize the center, and would attract more shoppers and other businesses as well. Over the past two years the City has tried to address the vacancy of several large buildings, mainly in the PC (3) zone. Representatives of several food stores have approached the City about locating in these prospective vacant spaces. The zoning restrictions prohibit supermarkets larger than 50,000 square feet in the PC (3) zone. Traditional supermarkets have expanded and have grown to 70,000 plus square feet. At the February 1, 2011 Planning Commission meeting, staff originally drafted a zoning ordinance amendment allowing supermarkets smaller than 70,000 square feet as conditional uses in the Regional Commercial PC (3) zone. After the Planning Commissioner's comments and research of existing building square footages within the PC (3) zone, staff believes that 60,000 square feet is an appropriate size in the PC (3) zone. For reference purposes, the existing Albertson's supermarket located on the northeast corner of Highway 111 and Deep Canyon Drive is 62,000 square feet, and backs up to residential homes (Hidden Palms). The existing Ralph's supermarket located on Cook Street and Country Club Drive is 58,000 square feet. Other notable large exiting buildings in the PC (3) zone are: Costco (153,000 square feet), Sam's Club (160,000 square feet), Wal-Mart (232,000 square feet), Lowe's (151,000 square feet), Target (134,000 square feet), Sports Authority (51,000 square feet), Toys R Us (53,000 square feet). The 50,000 square foot restriction only accommodates smaller markets such as Trader Joe's, Henry's, Whole Foods, and Bristol Farms._ A. Parking: Waring Plaza is designed with a total of 1103 parking spaces throughout the shopping center. The vacant building is 78,638 square feet and Vons would be utilizing 57,000 square feet, leaving 21,100 square feet divided into three tenants. Section 25.58.310 requires 1 parking space per 200 square feet of gross floor area for supermarkets, totaling 285 parking spaces. The additional 21,100 square feet is retail and parked at 4 parking spaces per 1,000 square feet of gross floor area, totaling 85 parking spaces. Vons and three additional retail spaces require 370 parking spaces. A total of 382 parking spaces are provided on the Fred Waring side, directly in front of Vons, and do not take away parking spaces from the retail and restaurant uses to the west. Waring Plaza also has a reciprocal parking agreement throughout the retail center and parking efficiencies are typically realized GAPlanning\Kevin Swartz\WordWons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 May 12, 2011 Page 8 from the size and mix of retail uses. Therefore, adequate parking is provided for this and other uses in the retail center. B. Land Use Compatibility: The proposed project is located within an existing commercial retail center that provides approximately 190,394 square feet of gross leasable space. The subject site is designated C-R (Regional Commercial) on the City General Plan land use map. The site is also located along two major roadways, Highway 111 and Fred Waring Drive, which serve as major regional routes and local connectors for commercial, tourist and residential travelers throughout the area. In addition to general retail and apparel stores, the project also includes restaurants and other food and drink establishments. Surrounding land uses include a mix of regional commercial, community commercial uses, with single family and multi -family development to the north and east. Single- family homes are located immediately north and east of the subject building. The proposed supermarket project appears well suited for the existing building and the location, being located at the intersection of two major roadways that provide easy access for a wide market area. The proposed Vons at Waring Plaza would provide 57,000 square feet and would also provide three additional retail commercial spaces of 16,094 square feet, 3,080 square feet and 1,980 square feet. The proposed Vons would replace the recently closed Vons at the Rancho Las Palms shopping center in Rancho Mirage to the west, and the currently occupied store in the Palms to Pines center to the southwest. Vons may leave behind an empty space when they move from their current location, and that could result in lowered revenue to the businesses in the center and a blighted visual appearance at the Palms to Pines location. However, from a community wide perspective, there will be a positive impact: the old Mervyns building is larger, more visible, and surround by a greater number of businesses and homes that are currently being adversely impacted by the void there. The vacant Mervyns building is also having an adverse impact on commercial activity in the rest of the center, where important synergies are realized by the mix of services available. It should be noted that if Vons occupies this space, it will be accessible by foot or bicycle to residents of nearby single-family homes and affordable multi -family housing to the north and east. Neighbors immediately adjacent to the existing Vons at Palms to Pines will be adversely impacted by the move, but a greater number of neighbors and businesses will be positively impacted; some residents will have to travel farther to reach a grocery store, but more shoppers will have greater ease of access. GAPlanning\Kevin SwartzMordWons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 May 12, 2011 Page 9 C. Traffic: A Traffic Impact Analysis was prepared for this project by Linscott, Law & Greenspan dated December 21, 2010. Waring Plaza is currently served by a total of five vehicular access points with two on Parkview Drive, one on Highway 111 and two on Fred Waring Way. The access points on Highway 111 and Fred Waring Drive provide only right in/right out access. The western most Fred Waring Drive access point also allows eastbound left turn entry but, as noted, outbound left turns are prohibited. These restricted driveways cause the need for shopping center patrons to make U-turns at surrounding intersections or alter their routes in order to accommodate preferred travel patterns. This is not ideal access for a large grocery store, but it is not sufficient reason to deny the proposed project. Any large retail occupancy that fills the former Mervyns space and the existing smaller businesses in the center, for that matter will have the same less -than -ideal vehicular access. The location of the center at the intersection of two six -lane arterial streets will inevitably restrict access and egress, regardless of the particular retail tenants. The existing intersection at Fred Waring Drive and Highway 111, with the proposed Vons or any retail store maintains a Level of Service D. The City is in the process of receiving Federal funds for installation of a westbound free right turn lane at Highway 111 and Fred Waring Drive intersection, replacing the existing dual right turn lanes. The project is estimated for completion by 2013, and would provide a Level of Service C. The project does not propose any changes to the existing access points. Based upon the traffic impact analysis prepared for this project and review by the City Transportation Engineer, the proposed Vons project is not expected to cause any significant traffic impacts at any of the project entries, area intersections or roadway segments, and the level of service in the surrounding area would not be adversely impacted. D. Noise: An Acoustic Analysis was prepared by Helix Environmental Planning, Inc, and a noise impact analysis dated November 18, 2010 was performed, which included field measurement of existing noise levels on site and in project vicinity. The two sites selected for measurement included one along Parkview Drive and another to the rear of the subject building between the existing loading dock and the north boundary wall separating a single-family residential neighborhood from the proposed Vons site, and along Cactus Drive north of the subject wall. GAPlanning\Kevin Swartz\Word\Vans ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 May 12, 2011 Page 10 The location and operation of the loading dock for the proposed Vons poses the most potentially significant impact to surrounding land uses, specifically to homes located immediately north and east of the loading dock. Access to the loading dock will be the service road running behind the buildings located along the east side of the Waring Plaza development and accessing the site from a drive located on Parkview Drive. Delivery trucks will pull beyond the loading dock and then back into the docking area, as shown on the applicant's site plan. North of the loading dock are single-family homes located on the north side of Cactus Drive, which is located immediately north of the 9 to 9.5-foot masonry wall, which separates this neighborhood from the proposed Vons loading dock. To the east are also single-family homes located off of Joshua Road and Cactus Drive. Up to four homes in this neighborhood could be potentially impacted by loading dock operations. These homes are also isolated or buffered from the Vons site by an eight -foot masonry wall. The proposed Vons would rely on the existing loading dock facilities, which are located at the north end of the subject building and provide two loading bays accessed from the east. Delivery trucks will access the loading area via Parkview Drive to the north and the rear service road, which extends south to and around the subject building. Trucks would pull past the loading dock and screen wall, and then back into the downward sloped ramp to back into the two bays. Based upon the noise study prepared for this project, the various noise sources associated with truck deliveries and the operation of loading dock and trash compacting facilities could have a significant adverse impact on the local noise environment. The noise consultant has recommended that Conditions of Approval 17a through 17o set forth in the original 1991 project approvals shall continue to be applied. Furthermore, the consultant adds other specific additional or modified elements to further reduce impacts to acceptable levels, which are set forth in the Mitigation Measures discussed in the Initial Study. By conforming to the City Noise Ordinance and the mitigation measures set forth in the Initial Study and Conditions of Approval, the project is expected to have a less- - than- significant near -term, operational, and long-term cumulative effect on the noise environment of the area. E. Height: The subject building has a maximum height of 34 feet at the highest point of the articulated fagade, which includes an arch over the main (Vons) entrance and at the existing corner tower located at the southwest corner of the building. The height of most of the building is 25 feet at the top of the primary perimeter parapet. The building has an "interior" parapet wall with a height of 28 feet surrounding and GAPlanning\Kevin Swartz\Word\Vons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 May 12, 2011 Page 11 screening the roof -mounted mechanical equipment (HVAC). Three of these HVAC units are to be replaced with new ones. A condition of approval has been placed upon the project that all HVAC roof -mounted mechanical equipment must be screened from public view. While there are minor modifications to the south elevation of the building the only elevation change affecting the overall height of the building is a six-foot addition to the tower at the southwest corner. The property is zoned PC (3), which has a maximum height of 35 feet. The zoning ordinance permits height exceptions for architectural tower elements. At the August 10, 2010 ARC meeting the Commissioners recommended approval of the tower increase, and believed that it would add architecture value to the building and would be the center stone of the building. While height can be potentially an issue when adjacent to a residential zone, it was concluded that, due to the proposed building setbacks and being surrounded by other commercial buildings, the height increase to the west tower would not create a negative visual impact seen from Fred Waring Drive, Highway 111, Parkview Drive, and the residential homes in the surrounding area. F. Findings of Approval: 1. That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purpose of the district in which it is located. The proposed location of the project is located in a PC (3), Planned Commercial Regional Center zone. The purpose the PC-3 regional commercial center is to provide a unified area for commercial uses which offer a wide range of goods and services. Chapter25.30 of the City of Palm Desert's Zoning Ordinance section 25.30.026 states a supermarket having fifty thousand and one gross square feet or more shall be a prohibited use the PC (3) zone. The proposed zoning ordinance amendment to Chapter 25.30 of the Palm Desert Municipal Code to allow supermarkets not exceeding 60,000 gross square feet as conditional uses in the Regional Commercial PC (3) zone, would comply with the zoning ordinance. The proposed text amendment would update and modernize this portion of the City Zoning Ordinance, adapting to the evolving needs of the neighborhood commercial and, more specifically, the supermarkets. While there will continue to be a place for the specialty neighborhood -oriented markets, including such businesses as Bristol Farms, TraderJoe's and Jensen's, such supermarkets as Vons provide scale, affordability and diversity of customer products that is especially appropriate for this location. GAPlanning\Kevin Swartz\Word\Vons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 May 12, 2011 Page 12 Larger supermarkets are also needed to compete with and complement the big -box discount centers that have recently ventured into groceries and produce, but which are not conveniently located to nearby residents, especially those of more modest means. By increasing the maximum allowable size of supermarkets to 60, 000 square feet, the City will be able to better serve its residents and assure that these businesses can compete in coming years. Additional conditions have been added to the project to ensure that all the minimum requirements of the Palm Desert Municipal Code are met, including Public Works, Building and Safety, and the Fire Department Conditions. 2. That the proposed location of the conditional use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. The proposed Vons is consistent with the intent of the City's Zoning Ordinance as described above. The project has been conditioned to address public health and safety and will require permits from the City's Building and Safety Department, Finance Department, Riverside County Fire Marshal, as well as other local agencies. The project will not physically divide an established community or neighborhood. Based on consideration of the whole, the proposed project does not appear to conflict with any applicable land use plan or policies. The site has been previously designed to meet setbacks, lot coverage, building height, land use, and parking requirements such that it will not be detrimental to the public interest, health, safety, welfare and will not be materially injurious to properties or improvements in the vicinity as described in more detail in the staff report. A condition of approval has been placed on the project that will require the project proponent to construct all necessary on and off -site infrastructure to provide utilities to the proposed project prior to the issuance of building permits. Water, sanitation and public utilities and services are available in Fred Waring Drive, a public street. An Environmental Assessment leading to a Mitigated Negative Declaration has been prepared which concludes that there will be no adverse environmental effects. GAPlanning\Kevin Swartz\WordWons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 May 12, 2011 Page 13 3. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. The proposed use is consistent with the intent of the Zoning Ordinance, except for a zoning ordinance amendment to Chapter 25.30 of the Palm Desert Municipal Code, which is simultaneously proposed. The use of a supermarket with a Conditional Use Permit (for the land use), is consistent with the intent of the City's Zoning Ordinance as described in the staff report. The nature of the proposed Vons and supermarket size limit is compatible with surrounding land uses, is a part of and complements and supports the existing commercial center, and provides residences in walkable proximity to neighborhood commercial services. Additionally, conditions have been added to the project to ensure that all the minimum requirements of the Palm Desert Municipal Code are met, including building, landscaping, public works, and the fire department conditions, as well as the mitigated negative declaration. 4. That the proposed conditional use complies with the goals, objectives and policies of the City's General Plan. The General Plan land use designation for the site is C-R (Regional Commercial). A primary objective stated in the General Land Use Goals, Policies and Programs is: Goal 2, which states, a diverse resort residential community of desirable residential neighborhoods and resorts, full commercial services, and institutional uses that complement the employment base and provide a variety of community services and facilities. Palm Desert has developed as the premier commercial retail center of the Coachella Valley, with the Town Center Mall, Desert Crossings and a variety of other retail commercial centers. It is also the home of the premier high -end El Paseo commercial corridor, which has evolved as a unique and unrivaled premier shopping district of the City. The City has also emerged as a highly diverse residential community with residential product to appeal to a broad socio-economic cross section. The proposed project represents an important consolidation of other supermarkets, including the now vacated Vons at the Rancho Las Palmas shopping center in Rancho Mirage. The proposed Vons fulfills an important need for City residents, fills a currently vacant retail space, enhances the function and desirability of Waring Plaza, and complement the local employment base of the City. GAPlanning\Kevin Swartz\Word\Vons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 May 12, 2011 Page 14 With proper management of the Vons loading area, including lighting and delivery times, the proposed Vons can be made compatible with the surrounding residences without adversely affecting the quality of life of residents living in the vicinity. The relocation of Vons to this location can also enhance its availability to local residents, including those of lower income where pedestrian access to neighborhood commercial services can be very important. Goal 3 of the General Land Use Goals, Policies, and Programs states, an appropriate mix of commercial, resort and other revenue -generating land uses that will continue to fund a high level of community development activities, services and facilities in the City. The proposed project addresses a current need of the City and vicinity in that it allows Vons to continue to occupy space in the community in a currently vacant building that provides the space needed by modern supermarkets. It will also have important direct and indirect impacts on City revenues by generating retail sales and enhancing the sales potential of the existing and future Waring Plaza businesses. Policy 3 of the General Land Use Goals, Policies, and Programs states, the City shall integrate land use analysis and planning with economic and fiscal analysis as an essential part of development of a master strategic plan for economic development. In considering the appropriateness of the proposed use, the City balances the land use and planning issues with those associated with maintaining a strong local economy that generates a revenue stream to support community facilities and services. The proposed use broadens and strengthens the City economic base and is consistent with the City's economic development strategies. Policy 4 of the General Land Use Goals, Policies, and Programs states, every opportunity shall be exploited to enhance the character and viability of the City's commercial areas, including Highway 111, El Paseo, the University Park planning area and the Interstate-10 corridor, by integrating nearby higher density residential uses with retail and office/business park land uses. The proposed project is expected to have a very positive effect on the business district comprised on Waring Plaza, Desert Crossing and other City commercial areas in the vicinity. By integrating the Vons with existing higher density residential, including One Quail Place, the project helps to meet this and similar General Plan polices. The project has the potential to enhance the viability of this part of the City's commercial area. G:\Planning\Kevin Swartz\WordWons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZONCUP 10-228 May 12, 2011 Page 15 Goal 2 of the Residential Land Use Goals and Policies states, the preservation and enhancement of the City's existing neighborhoods. The proposed Vons does not separate or significantly affect existing neighborhoods in the planning area. Residential developments to the east and north are all composed of internally oriented one-story single-family neighborhoods. Project traffic, including delivery trucks, should have little or no impact on existing neighborhoods. The proposed project does not separate or divide an existing neighborhood but rather helps to provide convenient access is needed neighborhood commercial services. Policy 3 of the Residential Land Use Goals and Policies states, the City shall encourage in -fill development on lands located adjacent to or near existing residential areas and utilities to maximize the efficient utilization of land and infrastructure. Shopping centers constitute the commercial infrastructure that supports the residents and their needs. Over the past two decades, the subject property has seen a variety of retail users, which has includes business that have not been able to remain viable in the long-term. In addition to providing a much - needed boost to retail activity at Waring Plaza, the project also provides needed day-to-day commercial services and associated amenities that will also be conveniently available to local residents. Goal 1 of the Commercial Land Use Goals and Policies states, an integrated and complementary mix of commercial land uses that meet the day-to-day needs of local residents, fully exploit opportunities to serve the regional retail commercial market, and provide hospitality and tourist commercial development opportunities. The proposed project appears to be an appropriate integration of neighborhood, residential -serving commercial services within easy walking distance of homes to the north and east. Both the residents and others working in the vicinity are also expected to make expenditures at the new Vons and keep associated retail sales revenues in the City. Goal 2 of the Commercial Land Use Goals and Policies states, a pattern of commercial land uses conveniently and appropriately distributed throughout the City, meeting the community's needs while minimizing the disruption to or incompatibilities with other land uses. As a part of the Fred Waring and Highway 111 commercial corridors, the proposed Vons should compliment and create synergies with the other retail businesses at Waring Plaza and the vicinity. This enhanced mix of commercial services provides vertical integration between general retail, GAPlanning\Kevin Swartz\Word\Vons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 May 12, 2011 Page 16 dining and neighborhood commercial uses supports the City's overall retail commercial and strengthens local fiscal conditions. By keeping more commercial traffic within such an integrated center, surrounding neighborhoods are less impacted by additional traffic. As noted above and in the discussion under "Aesthetics", the surrounding residential developments are internally oriented, generally turning their backs on the subject property. Environmental Review: For the purposes of CEQA, the Director of Community Development has determined that the proposed project as mitigated will not have a significant negative impact on the environment and staff has prepared a Mitigated Negative Declaration of Environmental Impact. Submitted by: Kevin Swartz Assistant Planner Approval: i M. Wohlmuth Manager Department Head: a rr Aylaian Director of Community Development GAPlanning\Kevin Swartz\Word\Vons ZOA 10-228\CC staff report final.doc ` 1< VONS a �' •;; �, S C F� F I C E ,i�„- RT,CA .. 2,11 111iAY 10 AN 9: 25 May 9, 2011 Mayor Jean Benson Councilmember Robert Spiegel Councilmember Cindy Finerty Councilmember Jan Harnik Councilmember Willian Kroonen Palm Desert City Hall Palm Desert, CA Dear Mayor and City Council Members At the upcoming City Council Meeting on May 12th 2011, Vons will make a presentation for a proposed new store at the site of the former Mervyn's building in Fred Waring Plaza. At that time, we will present to you the project in its final form after having completed all the studies required of us by the Council and City Staff. However, I wanted to take the early opportunity to clarify any confusion or misunderstandings that may be related to our existing premises at the Palm to Pines shopping center. Over a year ago with the purchase of the Mervyns building we clearly exhibited our resolve to relocate out of Palm to Pines. The decision has been made to close our store. Our goal is to consolidate these sales with those from our recently closed Rancho Mirage store in a single location that provides us an ability to meet our competition on a level playing field. The additional space and superior location of the new proposed Fred Waring Plaza store will allow us to preserve and enhance the service we provide to the Palm Desert community. Six months before closing the existing store in the Palms to Pines shopping center, Vons has the legal obligation under its lease to use best efforts to find a financially responsible tenant that will operate a grocery supermarket or combination grocery supermarket, drug, variety store in our existing premises. If, despite our best efforts, we are not able to find a suitable tenant within a specified period of time, we must exhibit to the landlord evidence of our efforts by giving to the landlord a list of all prospective tenants with whom Vons has communicated. The landlord then has a specified period of time to find a suitable replacement tenant. And while all of this is occurring, we have an obligation to continue to pay rent and all other charges for the premises. If no suitable tenant can be found by either party in the applicable timeframes, the obligation to lease the premises returns to us, once again all the while paying full rent and all other charges payable under the lease for the remainder of the term. The landlord also has the right to recapture the premises if Vons finds a tenant who will operate a use different from that referred to above. We will continue to market the premises using prudent industry methodology until we are successful in leasing it out. This is in both ours and the landlord's best interest. Safeway Inc. Vans Division 618 Michillinda Ave. Arcadia, CA 91007 6300 P.O. Box 513338 Los Angeles,CA 90051-1336 Mayor Jean Benson Councilmember Robert Spiegel Councilmember Cindy Finerty Councilmember Jan Harnik Councilmember Willian Kroonen Palm Desert City Hall Palm Desert, CA May 4, 2011 Page 2 Should we be successful and permitted to relocate to the Mervyns building, we believe our new store could be open prior to the end of this year. Notwithstanding, in a recent conversation with the Palms to Pines landlord's representative, we have offered to delay the closure of our Palms to Pines store for an additional year (to the fall of 2012). We believe this is a reasonable compromise to permit both the landlord and ourselves sufficient additional time in a recovering economy to locate a replacement tenant for the premises without losing the benefit of this opportunity. We look forward to presenting our revised project on May 12th and are hopeful that we will have your full support. Thank you. Yours truly, Vons (a Division of Safeway, Inc. Brian K. Braaten Vice President Real Estate ORDINANCE NO. 1221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.30 ALLOWING SUPERMARKETS NOT EXCEEDING 60,000 GROSS SQUARE FEET AS A CONDITIONAL USE IN THE REGIONAL COMMERCIAL PC(3) ZONE. CASE NO. ZOA 10-228 WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of May, 2011, hold a duly noticed public hearing to consider modification to Chapter 25.30 of the Palm Desert Municipal Code; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of April, 2011, hold a duly noticed public hearing to consider modification to Chapter 25.30 of the Palm Desert Municipal Code, and continued the above noted; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day of March, 2011, hold a duly noticed public hearing to consider modification to Chapter 25.30 of the Palm Desert Municipal Code, and continued the above noted; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of February, 2011, hold a duly noticed public hearing to consider modification to Chapter 25.30 of the Palm Desert Municipal Code, and continued the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1 st day of February, 2011, hold a duly noticed public hearing to consider the request by Vons, and recommended approval to the City Council of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 10-26, and the Director of Community Development has determined that the proposed revision to the Health and Safety Code is not a project as defined under CEQA and no further environmental review is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify approval of the said amendments: 1. The proposed text amendment would update and modernize this portion of the City Zoning Ordinance, adapting to the evolving needs of the neighborhood commercial and, more specifically, the supermarkets. ORDINANCE NO. 1221 2. While there will continue to be a place for the specialty neighborhood -oriented markets, including such businesses as Bristol Farms, Trader Joe's and Jensen's, such supermarkets as Vons provide scale, affordability and diversity of customer products that is especially appropriate for this location. 3. By increasing the maximum allowable size of supermarkets to 60,000 square feet, the City will be able to better serve its residents and assure that these businesses can compete in coming years. 4. The nature of the proposed Vons and supermarket size limit is compatible with surrounding land uses, is a part of and complements and supports the existing commercial center, and provides residences in walkable proximity to neighborhood commercial services. 5. The proposed project addresses a current need of the City and vicinity in that it allows Vons to continue to occupy space in the community in a currently vacant building that provides the space needed by modern supermarkets. It will also have important direct and indirect impacts on City revenues by generating retail sales and enhancing the sales potential of the existing and future Waring Plaza businesses. Therefore, for these reasons, the amendments to the municipal code are deemed by the City Council to be necessary. THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1: That the above recitations are true and correct and constitute the findings of the City Council on this matter. SECTION 2: Palm Desert Municipal Code Chapter 25.30 is hereby amended and restated as described in Exhibit A, respectively, attached hereto. SECTION 3: That the City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. a ORDINANCE NO. 1221 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of , 2011, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California JEAN M. BENSON, Mayor 3 ORDINANCE NO. 1221 EXHIBIT "A" SECTION 1 That Section 25.30.02013 be and the same is hereby amended to read as follows: B. Regional center (PC-3): Such uses include, but are not limited to, supermarkets less than 60,000 gross square feet, department stores, banks, variety stores, professional offices, restaurants, except drive-in or drive -through, and general retail uses, amusement and recreation establishments including, but not limited to, theater and amusement arcades. 1. All businesses presently having five or more mechanical or electronic games shall either apply for a conditional use within six months of the date of the ordinance codified in this subsection, or reduce the number of said games to four. 2. If the applicant is refused a conditional use permit, the individual shall reduce the number of games to four within sixty days of denial of permit request. SECTION 2 That Section 25.30.026 be and the same is hereby amended to read as follows: A. 25.30.026 Prohibited uses. Any permitted use set forth in Sections 25.30.020 and 25.30.025 is prohibited when such parcel contains any hillside area as set forth in Section 25.26.020. B. A "supermarket" as defined in Section 25.04.797 having 60,001 -gross square feet or more shall be a prohibited use in the PC(3) zone. M RESOLUTION NO. 2011-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVAING: AN AMENDMENT TO RESOLUTION NO. 91-5 REMOVING DEPARTMENT OF COMMUNITY DEVELOPMENT / PLANNING CONDITION NUMBER 10 STATING THAT THE WARING PLAZA COMMERCIAL CENTER SHALL NOT INCLUDE A SUPERMARKET; EXTERIOR MODIFICATIONS; AND APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO . THE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PROPERTY IS LOCATED AT 72-280 HIGHWAY 111. CASE NO: CUP 10-228 WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of May, 2011, hold a duly noticed public hearing to consider the request by Vons, for approval of the above noted; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 14tn day of April, 2011, hold a duly noticed public hearing to consider the request by Vons, and continued the above noted; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day of March, 2011, hold a duly noticed public hearing to consider the request by Vons, and continued the above noted; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of February, 2011, hold a duly noticed public hearing to consider the request by Vons, and continued the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1 st day of February, 2011, hold a duly noticed public hearing to consider the request by Vons, and recommended approval to the City Council of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 10-26, the Director of Community Development has determined that the project has required an Environmental Assessment resulting in a Mitigated Negative Declaration, and the Planning Commission recommends approval of the Mitigated Negative Declaration in substantially the form as shown in Exhibit "A"; and RESOLUTION NO.2011-15 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the recommendation to the City Council of said request: Findings of Approval: 1. That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purpose of the district in which it is located. The proposed location of the project is located in a PC (3), Planned Commercial Regional Center zone. The purpose the PC-3 regional commercial center is to provide a unified area for commercial uses which offer a wide range of goods and services. Chapter 25.30 of the City of Palm Desert's Zoning Ordinance section 25.30.026 states a supermarket having fifty thousand and one gross square feet or more shall be a prohibited use the PC (3) zone. The proposed zoning ordinance amendment to Chapter 25.30 of the Palm Desert Municipal Code to allow supermarkets not exceeding 60,000 gross square feet as conditional uses in the Regional Commercial PC (3) zone, would comply with the zoning ordinance. The proposed text amendment would update and modernize this portion of the City Zoning Ordinance, adapting to the evolving needs of the neighborhood commercial and, more specifically, the supermarkets. While there will continue to be a place for the specialty neighborhood - oriented markets, including such businesses as Bristol Farms, Trader Joe's and Jensen's, such supermarkets as Vons provide scale, affordability and diversity of customer products that is especially appropriate for this location. Larger supermarkets are also needed to compete with and complement the big -box discount centers that have recently ventured into groceries and produce, but which are not conveniently located to nearby residents, especially those of more modest means. By increasing the maximum allowable size of supermarkets to 60,000 square feet, the City will be able to better serve its residents and assure that these businesses can compete in coming years. Additional conditions have been added to the project to ensure that all the minimum requirements of the Palm Desert Municipal Code are met, including Public Works, Building and Safety, and the Fire Department Conditions. 2. That the proposed location of the conditional use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. I% RESOLUTION NO. 2011-15 The proposed Vons is consistent with the intent of the City's Zoning Ordinance as described above. The project has been conditioned to address public health and safety and will require permits from the City's Building and Safety Department, Finance Department, Riverside County Fire Marshal, as well as other local agencies. The project will not physically divide an established community or neighborhood. Based on consideration of the whole, the proposed project does not appear to conflict with any applicable land use plan or policies. The site has been previously designed to meet setbacks, lot coverage, building height, land use, and parking requirements such that it will not be detrimental to the public interest, health, safety, welfare and will not be materially injurious to properties or improvements in the vicinity as described in more detail in the staff report. A condition of approval has been placed on the project that will require the project proponent to construct all necessary on and off -site infrastructure to provide utilities to the proposed project prior to the issuance of building permits. Water, sanitation and public utilities and services are available in Fred Waring Drive, a public street. An Environmental Assessment leading to a Mitigated Negative Declaration has been prepared which concludes that there will be no adverse environmental effects. 3. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. The proposed use is consistent with the intent of the Zoning Ordinance, except for a zoning ordinance amendment to Chapter 25.30 of the Palm Desert Municipal Code, which is simultaneously proposed. The use of a supermarket with a Conditional Use Permit (for the land use), is consistent with the intent of the City's Zoning Ordinance as described in the staff report. The nature of the proposed Vons and supermarket size limit is compatible with surrounding land uses, is a part of and complements and supports the existing commercial center, and provides residences in walkable proximity to neighborhood commercial services. Additionally, conditions have been added to the project to ensure that all the minimum requirements of the Palm Desert Municipal Code are met, including building, landscaping, public works, and the fire department conditions, as well as the mitigated negative declaration. 3 RESOLUTION NO.2011-15 4. That the proposed conditional use complies with the goals, objectives and policies of the City's General Plan. The General Plan land use designation for the site is C-R (Regional Commercial). A primary objective stated in the General Land Use Goals, Policies and Programs is: Goal 2, which states, a diverse resort residential community of desirable residential neighborhoods and resorts, full commercial services, and institutional uses that complement the employment base and provide a variety of community services and facilities. Palm Desert has developed as the premier commercial retail center of the Coachella Valley, with the Town Center Mall, Desert Crossings and a variety of other retail commercial centers. It is also the home of the premier high -end El Paseo commercial corridor, which has evolved as a unique and unrivaled premier shopping district of the City. The City has also emerged as a highly diverse residential community with residential product to appeal to a broad socio-economic cross section. The proposed project represents an important consolidation of other supermarkets, including the now vacated Vons at the Rancho Las Palmas shopping center in Rancho Mirage. The proposed Vons fulfills an important need for City residents, fills a currently vacant retail space, enhances the function and desirability of Waring Plaza, and complement the local employment base of the City. With proper management of the Vons loading area, including lighting and delivery times, the proposed Vons can be made compatible with the surrounding residences without adversely affecting the quality of life of residents living in the vicinity. The relocation of Vons to this location can also enhance its availability to local residents, including those of lower income where pedestrian access to neighborhood commercial services can be very important. Goal 3 of the General Land Use Goals, Policies, and Programs states, an appropriate mix of commercial, resort and other revenue -generating land uses that will continue to fund a high level of community development activities, services and facilities in the City. The proposed project addresses a current need of the City and vicinity in that it allows Vons to continue to occupy space in the community in a currently vacant building that provides the space needed by modern supermarkets. It will also have important direct and indirect impacts on City revenues by generating retail sales and enhancing the sales potential of the existing and future Waring Plaza businesses. 0 RESOLUTION NO. 2011-15 Policy 3 of the General Land Use Goals, Policies, and Programs states, the City shall integrate land use analysis and planning with economic and fiscal analysis as an essential part of development of a master strategic plan for economic development. In considering the appropriateness of the proposed use, the City balances the land use and planning issues with those associated with maintaining a strong local economy that generates a revenue stream to support community facilities and services. The proposed use broadens and strengthens the City economic base and is consistent with the City's economic development strategies. Policy 4 of the General Land Use Goals, Policies, and Programs states, every opportunity shall be exploited to enhance the character and viability of the City's commercial areas, including Highway 111, El Paseo, the University Park planning area and the Interstate-10 corridor, by integrating nearby higher density residential uses with retail and office/business park land uses. The proposed project is expected to have a very positive effect on the business district comprised on Waring Plaza, Desert Crossing and other City commercial areas in the vicinity. By integrating the Vons with existing higher density residential, including One Quail Place, the project helps to meet this and similar General Plan polices. The project has the potential to enhance the viability of this part of the City's commercial area. Goal 2 of the Residential Land Use Goals and Policies states, the preservation and enhancement of the City's existing neighborhoods. The proposed Vons does not separate or significantly affect existing neighborhoods in the planning area. Residential developments to the east and north are all composed of internally oriented one-story single-family neighborhoods. Project traffic, including delivery trucks, should have little or no impact on existing neighborhoods. The proposed project does not separate or divide an existing neighborhood but rather helps to provide convenient access is needed neighborhood commercial services. Policy 3 of the Residential Land Use Goals and Policies states, the City shall encourage in -fill development on lands located adjacent to or near existing residential areas and utilities to maximize the efficient utilization of land and infrastructure. Shopping centers constitute the commercial infrastructure that supports the residents and their needs. Over the past two decades, the subject property has seen a variety of retail users, which has includes business that have not been able to remain viable in the long-term. In addition to providing a much -needed boost to retail activity at Waring Plaza, the 5 RESOLUTION NO.2011-15 project also provides needed day-to-day commercial services and associated amenities that will also be conveniently available to local residents. Goal 1 of the Commercial Land Use Goals and Policies states, an integrated and complementary mix of commercial land uses that meet the day-to-day needs of local residents, fully exploit opportunities to serve the regional retail commercial market, and provide hospitality and tourist commercial development opportunities. The proposed project appears to be an appropriate integration of neighborhood, residential -serving commercial services within easy walking distance of homes to the north and east. Both the residents and others working in the vicinity are also expected to make expenditures at the new Vons and keep associated retail sales revenues in the City. Goal 2 of the Commercial Land Use Goals and Policies states, a pattern of commercial land uses conveniently and appropriately distributed throughout the City, meeting the community's needs while minimizing the disruption to or incompatibilities with other land uses. As a part of the Fred Waring and Highway 111 commercial corridors, the proposed Vons should compliment and create synergies with the other retail businesses at Waring Plaza and the vicinity. This enhanced mix of commercial services provides vertical integration between general retail, dining and neighborhood commercial uses supports the City's overall retail commercial and strengthens local fiscal conditions. By keeping more commercial traffic within such an integrated center, surrounding neighborhoods are less impacted by additional traffic. As noted above and in the discussion under "Aesthetics", the surrounding residential developments are internally oriented, generally turning their backs on the subject property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve CUP 10-228, subject to the conditions. 3. That a Mitigated Negative Declaration of Environmental Impact (Exhibit A attached hereto), is hereby certified. R RESOLUTION NO.2011-15 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 12th day of May, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California JEAN M. BENSON, Mayor 7 RESOLUTION NO. 2011-15 CONDITIONS OF APPROVAL CASE NO: CUP 10-228 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions. 2. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District City Fire Marshal Public Works Department Riverside County Health Department Building and Safety Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 3. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable waste company and Department of Community Development and shall include a recycling program. 4. Delivery hours for the supermarket shall be limited to 8:00 a.m. to 10:00 p.m. 5. No deliveries/pickups shall be made to and/or from any part of the property between the hours of 10:00 p.m. and 8:00 a.m. No trucks or other delivery vehicles may, stage stand or wait on the site any time unless actively engaged in loading/unloading and parked within the loading area. 6. Store hours for the supermarket shall be limited to 6:00 a.m. to 12:00 p.m. (midnight) seven days a week. 7. That the building colors be consistent with those shown on the material sample board and the design is consistent as approved by the Architectural Review Commission. 8. That any future restaurants on the site shall provide an effective means of odor control from cooking units satisfactory to the Planning and Building Departments prior to issuance of building permit. n- RESOLUTION NO. 2011-15 9. That all signs on site be approved by the Architectural Review Commission and conform to the ordinance requirements. 10. 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. 11. 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. 12. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 13. All Landscaping and lighting for the facility shall be strictly on site and will not intrude onto surrounding properties. 14. The owner shall be responsible for installation and maintenance of landscaping of the property, as indicated on the approved landscape plan. 15. All conditions of approval shall be recorded before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 16. All HVAC roof -mounted mechanical equipment must be screened from public view. 17. All construction vehicles or equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers consistent with the manufacturers' standards. Equipment operators shall place all stationary construction equipment so that emitted noise is directed away from sensitive noise receptors. 18. All operations shall comply with the City Noise Ordinance Chapter 9.24 of the Palm Desert Municipal Code. 19. Vehicular routes for construction -related truck traffic shall be reasonably designated to ensure that acceptable noise levels are maintained for existing residential neighborhoods to the north and east. Stockpiling and/or vehicle staging areas shall be located as far as possible from existing residential neighborhoods. 20. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction -related noise sources and noise sensitive receptors nearest to the project site during all construction phases. E0 RESOLUTION NO.2011-15 21. The design, selection, and placement or replacement of mechanical equipment shall include consideration of the potential noise impact on nearby residences. Roof -mounted equipment shall be screened by effective acoustical barriers, such as parapet walls or similar architectural elements. As set forth in the project noise impact study, all rooftop -mounted equipment must be within the existing rooftop enclosure area and the rooftop equipment area must be surrounded by a wall higher than the top of any of the rooftop mounted equipment. 22. Appropriate sound attenuation measures, such as silencers and/or barriers, shall be provided where necessary on outdoor equipment, whether roof or pad - mounted, including but not limited to cooling towers, air-cooled condensers, refrigeration compressors/condenser units, and air intake and discharge openings for building ventilation. 23. That pursuant to the noise study / acoustical study prepared by Helix Environmental Planning, Inc, the following conditions shall be imposed: a. As set forth in the project noise impact analysis, the existing loading dock wall must be of sufficient length to fully shield the line of site view of any truck at the loading dock as shown on the attached project plans. b. All truck engines must immediately shutdown when the truck is parked at the loading dock. c. All truck refrigeration must be shut down immediately after arrival and for the duration of the time while the truck is at the loading dock and shall not be restarted until the unit has left the site. If the refrigeration unit is a hybrid that can be operated from an on -site electric power connection it may be operated from electric power while at the dock. d. The on -site hydraulic trash compactor shall be limited to operation between the hours of 7 AM and 7 PM, and shall be operated in an efficient but non -continuous manner to limited potential impacts to nearby residents. e. Enclose loading dock doors at the majors and market. f. Post signs requiring all loading and entrance doors to remain closed at all times except during loading and unloading. g. Install bumpers on docks to cushion impacts of trucks when backing up. h. Require any bridging devices used to bridge the gap between the dock and the truck, to be designed to be put in place and removed without impact. Prohibit all horn blowing. Post accordingly. 10 RESOLUTION NO. 2011-15 j. Prohibit loud talking radios. Post accordingly. k. Prohibit the use of forklifts except within the closed section of the docks. I. Prohibit all the external mechanical equipment on any store except trash compactors. m. Prohibit existing exhausts or location of fans on the east wall of shops. n. Require evaluation of the mechanical equipment designs for compliance prior to issuance of the building permits. o. Prohibit parking of trucks or trailers overnight within 500 feet of the residences or in the alley, except the weeks prior to Thanksgiving and Christmas Day, and on Thanksgiving and Christmas Day's. p. Erect an eight foot wall around the trash compactors, or enclose the hydraulic pump box. 24. The City shall review the project improvement plans and assure that equipment maintenance and staging areas are located a sufficiently distance from existing residences. City inspectors, as well as the general contractors, shall regularly monitor construction operations and associated noise generation near residences. Operational noise issues, including roof -mounted mechanical equipment and loading dock and trash compacting facilities, will be mitigated on a case -by -case basis, if and when they arise. 25. Designate acceptable truck/construction equipment route(s), as appropriate. 26. The applicant must extend the loading dock block wall by 24 feet in length and 8 feet in height to screen the delivery trucks. 27. In the event that there are noise issues and/or noise complaints from adjacent property owners when all other noise mitigation has been implemented, the applicant shall construct an insulated truck tunnel around the loading dock area similar to the one constructed at the Albertsons Grocery Store located on Highway 111 and Deep Canyon Road. DEPARTMENT OF PUBLIC WORKS: 1. Easements for pedestrian access along Fred Waring Drive shall be dedicated to the public. 2. The applicant shall modify all ramps in the ADA path of travel, including ramps in the Public Right of Way, to meet current accessibility standards. 3. A final landscape plan must be submitted for review and approval prior to the issuance of any permits. Applicants are advised to use the City of Palm Desert 11 RESOLUTION NO. 2011-15 Design Guide when designing plans. Landscape plans must meet the following criteria: a. Must be water efficient in design and meet the City of Palm Desert's Water Efficient Landscape Ordinance. b. Planting plans must show location of proposed and existing utilities. c. Must match approved civil plans. d. All specs and details must be site specific. e. Applicants must have CVWD approval of their irrigation plans prior to City approval. BUILDING DEPARTMENTS CONDITIONS: Project must conform to the current State of California Codes adopted at the time of plan check submittal. The following are the codes enforced at this time: 2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC) 2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC) 2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC) 2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC) 2007 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency Standards) 2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2007 CALIFORNIA FIRE CODE. 2. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1173. 3. 1134B.2 General All existing buildings and facilities, when alterations, structural repairs or additions are made to such buildings or facilities, shall comply with all provisions of Division I —New Buildings, except as modified by this division. These requirements shall apply only to the area of specific alteration, structural repair or addition and shall include those areas listed below: 1134B.2.1 A primary entrance to the building or facility and the primary path of travel to the specific area of alteration, structural repair or addition, and sanitary facilities, drinking fountains, signs and public telephones serving the area. 4. All exits must provide an accessible path of travel to the public way. (CBC 1024.6 & 1127B.1) 5. Detectable warnings shall be provided where required per CBC 113313.8 and 112713.5 (7). The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supercede the State requirement. iK RESOLUTION NO.2011-15 6. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Dept of Building and Safety. 7. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 8. All contractors and/or owner -builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 9. Address numerals shall comply with Palm Desert Ordinance No. 1173 (Palm Desert Municipal Code 15.15. Compliance with Ordinance 1173 regarding street address location, dimension, stroke of line, distance from street, height from grade, height from street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1173 or Municipal Code Section 15.15 from the Department of Building and Safety counter staff. FIRE DEPARTMENTS CONDITIONS: You have been release for a tenant improvement on an existing Building. This is not occupancy Permit. Prior to opening your business, you must contact the Fire Marshal's office to schedule an appointment for a fire Life Safety inspection. You and the contractor must be present at time of inspection. 2. It is prohibited to use/process or store any materials in this occupancy that would classify it as "H" occupancy per Sec. 307 of the 2007 CBC. 3. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Fire Marshal's Office for submittal requirements. 4. Applicant/Developer shall be responsible for installing a fire alarm system / sprinkler system required 3000 square feet or more. Plans must be submitted to the Fire marshal's Office prior to installation. 5. Shelving, counters, etc. Must be in place; however no merchandise may be placed in the building prior to inspection. 6. A minimum 2A10BC Fire Extinguisher, (State Fire Marshal Approved) must be mounted in a visible location within 75' walking distance from any point in your building or suite. Fire extinguishers can be installed by a licensed company with a State Fire Marshal service tag attached to the extinguisher. Or purchased from 13 RESOLUTION NO. 2011-15 a retail store with the sales receipt attached. A licensed company must service extinguishers yearly. 7. All Electrical breakers must be labeled, having a clearance of not less than 36 inches and must be maintained around the panel at all times. 8. A durable sign stating "This Door to Remain Unlocked Whenever the Building is Occupied" Shall be place on or adjacent to the front exit doors. The Sign shall be in letters not less than one inch high on a contrasting background. 9. If towers exceed 160 cubic feet (inside space) fire sprinkles shall be required in combustible sealed spaces throughout. PLANNING COMMISSION CONDITIONS: 1. That the Zoning Ordinance Amendment to Chapter 25.30 of the Zoning Ordinance to allow supermarkets not exceeding 60,000 gross square feet as Conditional Uses in the Regional Commercial PC(3) zone. 2. All signage must be approved by the Architectural Review Commission. i[! RESOLUTION NO.2011-15 EXHIBIT "A" MITIGATED NEGATIVE DECLARATION Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. APPLICANT/PROJECT SPONSOR: Vons, A Safeway Company 618 Michillinoa Ave Arcadia, CA 91007 PROJECT DESCRIPTION/LOCATION: Mitigated Negative Declaration of Environmental Impact, to allow an amendment to Resolution No. 91-5 removing Department of Community Development Condition of Approval No. 10 that the Waring Plaza Commercial Center shall not include a supermarket. Approval of staff's recommendation would allow a supermarket in the former Mervyns building at the Waring Plaza Commercial Center; a zone ordinance amendment to Chapter 25.30 of the Palm Desert Municipal Code to allow supermarkets not exceeding 60,000 gross square feet as conditional uses in the Regional Commercial PC (3) Zone; and exterior modifications The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project as mitigated will not have a significant negative effect on the environment. A copy of the Initial Study has been attached to the document supporting the findings. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. LAURI AYLAIAN DATE DIRECTOR OF COMMUNITY DEVELOPMENT 15 Klassen, Rachelle From: Swartz, Kevin Sent: Friday, May 20, 2011 11:17 AM To: Klassen, Rachelle Subject: FW: Letters of Support Attachments: CCE00000. pdf From: Josh Zipperman rmailto:josh(aBurkeRix.coml Sent: Friday, May 20, 2011 11:09 AM To: Swartz, Kevin Subject: Letters of Support Hi Kevin, Attached a few letters of support regarding the Vons project. I hope that you can get them in the City Council packets. Thanks Josh Zipperman Senior Associate Burke Rix Communications 431 S. Palm Canyon Drive, Suite 206 Palm Springs, CA 92262 Phone: (760) 327-9708 x24 Fax: (760) 32 r-`17CR www.burkerix.com 11 Is bRC i R L ,.. E-mail Disclaimer: This e-mail and any files transmitted with it are confidential and are intended solely for use of the individual or entity to which they are addressed. If you are not the intended recipient or the person responsible for delivering this e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited. This e-mail is covered by The Electronic Communications Privacy Act (ECPA), 18 U.S.C. §§ 2510-2521 and is legally privileged. This transmission may also be protected under the attorney -client privilege, the attorney work product doctrine and/or other protective orders. These rights will be strictly enforced. If you have received this e-mail in error, please immediately notify the sender at (760) 327-9708. Please consider the environntent before printing this a it 1 May 16, 2011 Honorable Mayor Jean Benson City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Vons Relocation Palm Desert Dear Mayor Benson and Councilmembers, Cm �O Thank you for receiving my comments again last Thursday at the public forum. I have taken the liberty of forwarding them to you in print and ask you to once again take a moment to consider the weight and wisdom of my arguments. After some eight months of debate and politics and multiple hearings and delays, after all the rhetoric of CEQUA studies, traffic studies, and noise studies, and vacancies is finished- tonight we will hear the final decision of this council. The primary question I think for the majority of Palm Desert citizens who are not here in this chamber is - was this decision simply a lateral move, a relocation of Vons with no long term gain for the community? Or is it tremendous step forward for the community as a whole? The new Vons store is not simply a lateral move. The overall impact on the community is not simply neutral, neither is it without short term effect on a few merchants, but it is overwhelmingly positive: 1. IMPORTANCE OF KEEPING VONS IN THE CITY. When it was first built 3 decades ago, the Palms to Pines center served Vons and the community well. But times have changed. Today, Palms to Pines Vons store is too small, outdated, and will be closing. Therefore the primary issue is not keeping Vons open, but does this council want to keep Vons in Palm Desert long term? 2. IMPORTANCE OF IMPROVING THE CITY'S MOST VISIBLE ENTRANCE. Today — three decades later, the primary visible entrance to the city has shifted west from El Paseo to Fred Waring. Therefore it is of great urgency that the city allow the redevelopment of the city's largest and most visible vacancy. 3. IMPORTANCE OF SCALE. Waring Plaza, on 20 acres, represents some two dozen merchants. Palms to Pines West? Six merchant signatories. If I were one of these shadow merchants, I wouldn't like it either. Change is hard, and it is never without consequence. Truly we sympathize with them, as having lost several of our anchor tenants to other retail centers in the city as well. But long term, this change is best for the community. 4. IMPORTANCE OF REDEVELOPMENT. Desert Crossings is a good example of the overall betterment for the entire community, despite the temporary vacancy it left behind (Circuit City was replaced with The Alley. Barnes and Noble with Big 5). Should Desert Crossings have been delayed to appease the few merchants - and us as their landlord having to re -tenant these vacancies? At the time, I too argued — yes. But today, do I wish that I had stood in the way of building Desert Crossings and improving our community? Certainly not. It's proved to be a most valuable addition to the community, creating opportunity for bringing in new retailers like They Alley. The relocation and expansion of Vons represents a catalyst to move both centers forward. We certainly sympathize with the few shadow merchants who will be impacted in the short term. But a yes vote means yes to millions of dollars of capital improvements to the city primary entrance along Hwy 111, yes to progress for the city as a whole, yeses/to//keeping Vons in t city long term, and yes to filling the city's largest big 06x vacancy with a Fort 30 retailer. Respectfuk Andrew Weigel, IM, CP Realty Trust Gr up 23905 Clinton Keith Rd #114-529 Wildomar, CA 92595 951-894-6132 w 866-929-6694 f 951-760-6305 c PS Mayor Benson, please do not disregard this, or the other 150 letters you Publicly disregarded as "garbage" simply because they have a non Palm Desert return address. Many of us have legitimate, legal, residential, and commercial interests in our city despite our business return address Thank you rV 'mC7 _ • 1 fj f f } .t y„ � t N x: O > 0 LJ m , r l r , f J M . 5 mo IFM .. > �. r .. _.. P V C-) O i • i �V iiT W � r\ 4 rIt r i t l yr r 0 © D n w m 11 44 c c--, -/7 0 p C7 mc C:) f )Q C2 cn 7or m � 'or = U) rri X —4 CO > 0 w M tV 0 rr, " c7 m �K T� EV 'T'• W m r ' t cra m � � O Dn CA) w � r r ^'✓ r ' n r , r , r r Y J U);K. rn ry I ;X) C'm STi > rrl THE POSTBOX COLLECTION C- �- . / 4, 4, 4- odilon kedon t 1840-19161 Orhelia Among the Flv-e, i T h, N M —. I G-!!4 t --t- �11 V) X 10 :Zl Wd OZ AVW hog V 0 '18 3 S 3 G W'l V, d 301AJ0 S. N8310 *Tin 0 3 A I V,( \ ` `\ rwlvw� ry V) CD Klassen, Rachelle From: Swartz, Kevin Sent: Tuesday, May 24, 2011 2:27 PM To: Klassen, Rachelle Subject: FW: Vons Traffic study Attachments: 20110523154636354.pdf; 20110523154736370.pdf; 20110523155410932.pdf From: John A. Boarman[mailto:boa rmanCabllgengineers.coml Sent: Monday, May 23, 2011 4:32 PM To: Diercks, Mark; Greenwood, Mark Cc: Swartz, Kevin; Josh Zipperman; John Criste; Brian Braaten Subject: Vons Traffic study Mark and Mark, Attached is the response letter to the May 12th Robert Bernheimer letter which included the supplemental analysis that we discussed last week. The tables and graphic referenced in the response are also attached as well as what we call Appendix B which is the Synchro analysis sheets. Pis call me with any questions. Thank you. John Appendix B can be accessed on our FTP site. To access the FTP site, use the following information: Site: ftp://ftp.Ilgen�zineers.com/ (Recommend opening in Windows Explorer, not Internet Explorer) Username:SD017 Password: BpC5eTU (Both the user name and password are case -sensitive) John Boarman, P.E. Principal boarman@llgengineers.com Linscott, Law & Greenspan, Engineers 4542 Ruffner Street, Suite 100 San Diego, CA 92111 858-300-8800 Ext. 236 May 23, 2011 Engineers &Planners Traffic Transportation Parking City Public Works and Planning Departments The City of Palm Desert Linscott, Law & Palm Desert Civic Center Greenspan, Engineers 73 -5 10 Fred Waring Drive 4542Ruffner Street Palm Desert, CA 92260 Suite too San Diego, CA 92111 850.300.8800 r LLG Reference: 3-10-1991 858.300.8810 r www.ilgengincers.com Subject: Response to the Bernheimer Letter submitted May 12, 2011 Pasadena Costa Mesa Dear Sirs: San Diego Las Vegas Based on a letter from Robert A. Bernheimer, dated May 12, 2011, the following are responses to the comments regarding the traffic study for the proposed Von's Palm Desert Project. The traffic study was completed according to professional traffic engineer's standards and is consistent with CEQA guidelines and City of Palm Desert Traffic Study Guidelines. The findings and recommendations in the traffic report dated 12/21/10 is an accurate and impartial analysis of the potential traffic impacts associated with the proposed project. 1&2. "Phantom Traffic" Artificially Minimizes Project Impacts and Makes the Traffic Study Impossible to Understand The existing and now vacant Mervyn's store will be remodeled and re- occupied by the proposed project, and it is therefore appropriate to assume the project is a traffic replacement as opposed to being built on raw vacant land. In order to account for the fact that the Mervyn's store was not generating traffic at the time traffic counts were conducted, the Mervyn's store traffic was properly calculated and added onto the 2010 existing traffic counts. Therefore, Figure 3-2 of the traffic study (Existing Traffic Volumes) does take into account and includes Mervyn's traffic. This is the standard of Philip M. Linscotl, PE11924-2Wal practice in traffic engineering for these types of replacement projects. This is Jack M.Greenspan, PE(net) clearly explained in the study on page 8, which states "the existing traffic William A. Law, PE(Re,.l volumes were adjusted to account for traffic which would have been Paul W. Wilkinson, PE generated by the now eniply Mervyn's building." John P. Keating, PE David S. Shender, PE As evidence that Mervyn's traffic is included in the Figure 3-2 counts, a John A. Boarman, PE review of the actual traffic counts in Appendix A of the traffic report shows Claro M. Look -Jaeger, PE that these counts are lower than the volumes shown on Figure 3-2 since the Richard E. Barrette, PE figure includes Mervyn's volumes. These counts included those taken at the Keil D. Maherry,PE project driveways. An Le2Wa Company Founded 1966 N:1199Rfonm,ems\Opposifion Response Lmler_5.23.1 ].doe City of Palm Desert May 23, 2011 Page 2 The u-turns associated with Mervyn's store traffic are included in the overall left turn movement volumes (and not shown separately), as this is common practice for an Existing Conditions figure (i.e. left -turns and a-tums are combined and shown as a left -turn volume). Figure 3-2 shows the left -turns and the a -turns as one combined left -turn movement. It should be noted that Mervyn's traffic was distributed to the street system (driveways and off -site intersections) in the same manner as the proposed Vons traffic. Table 7-1 of the traffic study show that the Mervyn's traffic was included in the analysis as "existing site land uses." The traffic study used the ITE free-standing discount store land use code to predict the trips generated by Mervyn's. The traffic study authors believe this land use most closely matches Mervyn's. Consideration was given to using the Department Store code and the Shopping Center code. In order to provide supplemental information, an analysis was conducted assuming a "department store" code for Mervyn's. Table A shows the trip generation for the site using this assumption. It should be noted that since the traffic generated by Mervyn's was added to the existing counts and that the same amount was subtracted in the trip generation table, the amount of traffic generated by Mervyn's does not affect the "with project" traffic volumes or the analysis results. In order to clarify the question concerning the difference between the existing intersection operations using on -the -ground volumes versus the existing with Mervyn's volumes factored in (using the Department Store trip rate), Table B was prepared which shows the results of these two analyses. As can be seen, acceptable LOS D or better operations are calculated at each project driveway and off -site intersection. Appendix B to this letter contains the analysis sheets. 3. Assumptions as to Traffic Flow are Nonsensical and Artificially Reduce Traffic Volumes on Fred Waring Drive The assignment and distribution for the proposed project traffic was determined after careful consideration of the project site's driveways, the surrounding roadway conditions and accessibility, and several visits to the shopping center. The fact that the two driveways on Fred Waring Drive prohibit outbound left turns combined with the fact that u-turns are not allowed at the Fred Waring Drive/Highway 111 intersection for traffic exiting these driveways and wishing to travel eastbound on Fred Waring, prompted the TIA authors to assume that a portion of project trips would leave the site by utilizing the driveway at Parkview Drive. N:119911Commentslt7ppnsitinn Re pop I.0cr_5-23-11-doc City of Palm Desert May 23, 2011 Page 3 The following are a few of the reasons ingress and egress from Fred Waring Drive will be limited: a The Fred Waring Drive entry for eastbound traffic is unprotected and some drivers will feel more comfortable continuing along Highway 111 to take the Highway 111 entry rather than turn left across three lanes of westbound traffic on Fred Waring Drive. b Exiting onto Fred Waring Drive to go west on Highway I I I is also avoided by some drivers. This is due to the poor sight distance at this skewed intersection, where it is difficult to see Highway l 11 traffic coming from the east. c Exiting at the Highway I I I and Parkview driveways for westbound traffic provides much better sight distance. d Exiting traffic heading northeast will find it most easy to use the Parkview driveways and head east to the signal at Monterey Avenue. This provides easy access for those in Monterey Country Club and other residential development east of Monterey and for those in the eastern portion of Rancho Las Palmas Country Club. It also provides easy access to Fred Waring Drive and points east by turning right onto southbound Monterey Avenue to the signal at Fred Waring Drive. Also, it was determined that some shoppers wishing to head southbound on Highway 111 would be less likely to utilize the driveways at Fred Waring Road, as they would be forced to quickly weave across three lanes of traffic in order to get into the westbound left turn lane on Fred Waring Drive Southbound Highway I I I traffic has the option of reaching the site in one of three ways: (1) by turning left onto Parkview Drive and turning right into the project site; (2) by making a southbound to northbound u-turn at Fred Waring Drive and turning right into the project site along Highway 111; or (3) by snaking a left -turn at Fred Waring Drive and then turning left into the project site. The traffic study assumes some drivers making each of these choices. Many drivers will choose to make the southbound to northbound a -turn since then only a right -turn is needed to reach the site. If the third option is chosen, a second left turn is needed which many drivers would choose to avoid. The traffic study does assume that a portion of the overall project trips will utilize the Fred Waring Drive right turn lanes at SR 111 as shown on Figure 7-2. Regarding footnote 3 on page 9 of the letter, as described above, the Mervyn's traffic volumes were accounted for at the five project driveways, and were not ignored in the study. As noted above and in our December 2010 report, traffic counts were taken at each of the project driveways. N:1199lVCmuutentnl0plwsiiiun Response Utter_,5-23-1 I.doc City of Palm Desert May 23, 2011 Page 4 Area -Wide Sources of Project Traffic In the context of the various issues raised in Mr. Bernheimer's letter, the area - wide sources of traffic flowing to the future VONS was also further evaluated. Our 12/21/10 report addressed the expected trip sources and distribution, and illustrated these in Figure 7-1 of our report. We have determined it appropriate to further explain the basis for the distribution of traffic and from where it is originating, as shown on Figure 7-1 of the traffic report. To help put this into context, we have also included an aerial of the vicinity showing the location of the existing VONS, its planned new location and the location of other grocery stores in the vicinity, which shaped our determination of traffic sources and distribution. As we stated in our December 2010 report, the distribution of area sources of patron traffic is based upon a number of factors, including the project's market / service area, the location and accessibility of the proposed VONS and other supermarkets in the market area, real and perceived traffic congestion and constraints, and other factors. As shown on Figure 7-1, we estimated the following: NW Market Area: This area is north of Parkview Drive and is associated with residential development in Rancho Mirage, including the western portion of Rancho Las Palmas Country Club and other residents near Bob Hope Drive and the Magnesia Falls neighborhood. The lack of convenient grocery stores in Rancho Mirage, they being limited to the Pavilions at Gerald Ford and Bob Hope, and the Ralphs at Monterey and Country Club, further enhances the new VONS' market area. This area was estimated to capture approximately 33% of the traffic. North Market Area: This area includes the neighborhoods immediately north and northeast of the future VONS and was estimated to provide about 5% of the store's business, and would take access to the store from Parkview Drive. Northeast and Immediate East: Our assessment of the market area included the single family and multi -family developments immediately to the east, which we believe accounts for about 2% of the future store's business. It also assumed about I I% of the store's business would come from residents living both east and west of Monterey Avenue and north of Parkview Drive. East of Monterey Avenue: While this portion of the market area will probably have more competition from other stores along and near Highway 111, our assessment indicated that approximately 20% of the store's business would originate from Fred Waring Drive east of Monterey Avenue. The breadth of retail services at the Waring Plaza is also a factor in capturing this segment of the market in this area. N:119911CanmenislUpposiGon Reslwnsc Uttcr_5 .3-11,Aoc City of Palm Desert May 23, 2011 Page 5 Southeast and South Market Area: This market area includes Sandpiper and other residential development south of El Paseo and west of Highway 74, as well as limited market capture from homes east of Monterey and south of Fred Waring Drive. There is also limited VONS market capture in this area south of Highway 111 and El Paseo and east of Monterey Avenue/Highway 74. As can be seen fiom the aerial exhibit plotting the location of grocery stores, the highway III corridor east of Monterey Avenue includes the Jensen's, Albertson's and Ralph's. Just west of Monterey is Fresh & Easy, with Trader Joe's just south of Fred Waring and east of Town Center Way. These stores are expected to limit VONS market capture from this geographic area. In summarv. the nronosed relocation of VONS offers many new amenities that xviil Pnhnnr.P mArlptAt the enrnP time the southeastern portion of the market offers substantial competition that includes greater convenience for some. Our further assessment of the market area for the relocated VONS substantiates and supports our earlier conclusions. Of course, there are other variables that from time to time may also affect the VON's market area, including changing offerings at each store, surrounding development and changes in accessibility. Overall, we feel that the regional traffic distribution set forth in Figure 7-1 of our December 2010 traffic study is a credible and realistic description of the VONS store's market area. 4. Traffic Study Recognized, But Fails to Analyze, Unusual Volume of U- Turn Traffic Movements The report fully includes all u-turns and left -turns, both existing and project related, in the computerized Synchro analysis. As can be seen by adding the volumes on Figure 8-1 (which combine left -turn and u-turn volumes), to the volumes on Figure 7-2 (which also include left -turn and a -turn volumes), the result is the volumes shown on Figure 8-2 (Opening Day + Project Volumes). Again, the u-turns are combined with the left -turns on Figures 8-1 and 8-2, as is the standard of practice in preparing traffic studies. The question arose at the May 12°i City Council hearing as to why the traffic study assumes the majority of northbound SR 111 traffic would utilize the SR 111 driveway as opposed to the Fred Waring driveway. The main reason for this assumption is that, if possible, many drivers will choose to avoid turning left on eastbound Fred Waring Drive and across three lanes of traffic. Going straight (north) at the SR I11 / Fred Waring Drive intersection instead of turning right allows drivers to avoid the left turn across on -coming traffic. In order to answer the question as to how the intersection operations would change if drivers were assumed to turn right, an analysis was conducted assuming all northbound Highway 111 drivers turn right onto Fred Waring Drive. The attached Table C shows that LOS D is still calculated and the N:\1991\Comnicntsl0pposifion Response Lelfcr_5.23.1 Ldoc City of Palm Desert May 23, 2011 Page 6 project induced delay increase is 1.3 seconds, an insignificant change based on City standards. 5. Traffic Study Ignores Imminent Changes to Toys-R-Us Center Across from Project Site The Toys-R-Us is still in business and therefore the traffic associated with this store is included in the existing traffic volumes. Once the Toys-R-Us site has a new tenant, the amount of traffic generated would be expected to be similar to the amount generated when Toys-R-Us was open. In addition, a full Year 2015 analysis was completed and included in the traffic study, which included a 10% growth factor in background traffic. This general growth factor accounts for potential small increases in cumulative traffic, which could arise from a new tenant at the Toys-R-Us building and/or a new tenant at the currently vacant old `Bananas" site at Fred Waring Drive and Highway 111. Finally it should be noted that the City General Plan Traffic Study, which assumes buildout of the General Plan, indicates LOS D or better operations at all key intersections in the City, indicating that no cumulative significant impacts would occur. The cumulative analysis contained in the traffic study meets CEQA and City of Palm Desert Standards. I hope the above clarifications adequately address the concerns raised in Mr. Bernheimer's letter and as discussed with City staff. If you have any questions or would like to discuss the supplemental information provided above, please do not hesitate to contact me. Sincerely, cc: File N:1159I%Comments\01)posilion Response l.ctter_5.23-11 _doc lZ ;� Y ro ro y 3 c 8 tv m aDa OC a V � --1 !2 J VW[ N th .4 V w [ [ [ [ [ �1 A N tJ 7,W5 C i+l 6 N spa O� J tA y ►�. J N W O v O C IJ T 4 w v C, 'o W 3� �•[ N � �z} 0 p W V W P .�+ ep 00 V[ w M tn*1 'y*J A A a b O + rQ Q s A p 14 p pp $ I 9 Table B Supplemental Existing Intersection Operations Intersection Control Type Peak Hour Existing As Counted Existing with Meryns at Department Store Rate Delay LOS Delay LOS 1. Highway 111 / Bob Hope Drive Signal MID 19.8 B 20.4 C PM 32.2 C 36.4 D 2. Highway 111 / Magnesia Falls Drive Signal MID 17.5 B 18.0 B PM 15.4 B 19.4 B 3. Joshua Road / Magnesia Falls Drive AWSC MID 6.9 - A 7.2 A PM 6.8 A 7.0 A 4. Highwway I I I / Parkview Drive Signal MID 14.5 B 15.3 B PM 12.8 B 16.1 B 5. Parkview Drive! Project Driveway #1 OWSC MID 11.6 B 12.2 B PM 10.8 B 11.1 B 6. Parkview Drive ! Project Driveway #2 OWSC MID 9.7 A 9.9 A PM 9.8 A 9.9 A 7. Parkview Drive / Joshua Road TWSC MID 10.6 B 10.8 B PM 10.7 B 10.7 B 8. Parkview Drive / Monterey Avenue Signal MID 26.0 C 26.9 C PM 29.4 C 29.4 C 9. Highway 11 I / Project Driveway #3 OWSC MID 9.4 A 9A A PM 9.2 A 9.4 A 10. Highway I I 1 / Fred Waring Drive Signal MID 26.4 C 27.3 C PM 28.9 C 29.4 C 11. Fred Waring Drive / Project Driveway #4 OWSC MID 8.8 A 8.9 A PM 8.7 A 8.7 A 12. Fred Waring Drive / Project Driveway #5 OWSC MID 8.7 A 8.7 A PM 8.6 A 8.7 A 13. Fred Waring Drive / Town Center Way Signal MID 28.5 C 30.1 C PM 31.2 C 31.7 C 14, Fred Waring Drive / Monterey Avenue Signal MID 34,5 C 34.6 C PM 35.0 D 35.2 D 15. Highway I I 1 / Town Center Way / El Signal MID 29.4 C 35.1 D PM 36.7 D 37.3 D TABLE C OPENING DAY WITHOUT AND WITH PROJECT INTERSECTION OPERATIONS Opening Day without Opening Day + Project Intersection Control Peak Project J Opening Day + Project (with alternative distribution T e Type Hour Delay ° LOS b Delay e LOS' as Delay A LOS b 40 10. Highway 11 I / Fred Waring Drive Signal PM 50.3 D 50.5 D 0.2 51.6 D 1.3 Footnotes: a. Average delay expressed in seconds per vehicle. b. Level of Service. c. A denotes project induced delay increase. d. Alternative distribution assumes all project traffic heading north on Highway I 1 I to enter the project site will utilize the project driveways on lied Waring Road N:119911AnalysisVnterseetion\Opening Day + ProjectXOpposition Response AnalysisCrable A.docx Klassen, Rachelle From: Swartz, Kevin Sent: Tuesday, May 24, 2011 2:27 PM To: Klassen, Rachelle Subject: FW: VONS PD: Supp Noise Ltr 5.23.11 Attachments: VONS Supp Noise Ltr Final.pdf From: John Criste Lmailto:icriste@terra nova plan ning.comI Sent: Monday, May 23, 2011 2:27 PM To: Swartz, Kevin; Greenwood, Mark; Diercks, Mark; Aylaian, Lauri; A. Boarman; Brian Arial Cc: Charles Terry Subject: VONS PD: Supp Noise Ltr 5.23.11 Dear City and VONS Team: Bagato, Tony; Brian Braaten; Josh Zipperman; John Attached please find the supplemental noise letter from Charles Terry of Helix prepared in response to the issues raised by Rob Bernheimer. This letter more than addresses this issues raised and provides clarification where needed. Please let us know if you have any questions. Thanks! John Ir -I L -A Terra Nova Planning & Research, Inc.® 42635 Melanie Place, Ste 101 Palm Desert, CA 92211 Phone: 760-341-4800 Fax: 760-341-4455 E-Mail: ; cry isteAterranovaplanning corn CONFIDENTIALITY NOTICE: This e-mail document is covered by the Electronic Communications Privacy Act, 18 U.S C. Subsection 2510-2521 and is legally privileged. This e-mail and any document attached may contain confidential information belonging to the sender which is protected by the attorney -client, work product and/or other privileges. The information is intended only for the use of the individuals or entities named below. If you received this document in error, please shred, delete or contact the project manager. HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard Suite 200 La Mesa, CA 91942 619.462.1515 tel 619.462.0552 fax www.helixepi.com May 23, 2011 City Public Works and Planning Departments The City of Palm Desert Palm Desert Civic Center 73-510 Fred Waring Drive Palm Desert, CA 92260 HELIX Environmental Planning Subject: Supplemental Letter in Response to Challenge "AGENDA ITEM XVII — Opposition to Removal of Supermarket Restriction for Vons at Waring Plaza" for the Acoustics Report for Planning Vons Store #3242 at Fred Waring Commercial Plaza in the City of Palm Desert. Letter of challenge prepared and signed by Robert A. Bernheimer dated May 12, 2011. Dear Sirs: As noted, the purpose of this letter is to address and provide clarification on the issues raised by Attorney Robert Bernheimer regarding the noise study prepared for the planned relocation of VONS to Waring Plaza. The findings and recommendations of the acoustical analysis report prepared by HELIX Environmental Planning, Inc. and dated November 18, 2010 is based on the best available information and is a true, accurate and impartial analysis of the potential acoustical effects or impacts associated with the above -referenced project. The Helix noise study was performed in accordance with standard industry practices and procedures, with equipment conforming to the American National Standards Institute (ANSI) specifications for sound level meters ANSI SI., 4-1983 (R2001), and maintained with National Bureau of Standards traceable calibrations. U.S. Department of Transportation -approved software, Traffic Noise Model Version 2.5, was used for all traffic -related noise modeling in the preparation of this report. Originalport Excerpts Regarding Site Measurements and Analysis Techniques A "one -hour" equivalent sound level measurement (LEQ, A -weighted) was made at a representative noise -sensitive location on the site (see Figure 2). An additional sound level measurement was take along Fred Waring Drive east of the proposed project and is further discussed below. During the on -site noise measurement, start and end times were recorded, and vehicle counts were made for cars, medium trucks (double-tires/two axles), and heavy trucks (three or more axles) for the corresponding road segment. The vehicle counts were converted to one -hour equivalent volumes by applying an appropriate factor. Other field data gathered at the site included distances to the roadway centerline, angles -of -view, slopes, elevations, roadway grades, and vehicle speeds. May 23, 2011 Page 2 of 6 The Traffic Noise Model (TNM) software Version 2.5, released in February 2004 by the U.S. Department of Transportation, was used for all traffic modeling in the preparation of this report. The TNM utilizes the traffic volume and speed input and calculates the daytime average Hourly Noise Level (HNL) from traffic data including road alignment, elevation, lane configuration, projected traffic volumes, estimated truck composition percentages, and vehicle speeds. The HNL is approximately equivalent to the LEQ. The Community Noise Equivalent Level (CNEL)' is equivalent to the LEQ with the use of a peak hour traffic of 8 to 10 percent of the average daily traffic (ADT). Excerpt from the City of Palm Desert Noise Element The standard used for maximum outdoor noise levels in residential areas in California and the City specifically is a CNEL of 65 dBA. Challenize Issues Essentially three issues have been raised by Mr. Bernheimer's letter regarding the Acoustics Analysis. These are: 1. The Acoustics Analysis relies on erroneous traffic numbers provided in the project Traffic Analysis 2. The Acoustics Analysis does not analyze the residence at the end of Joshua Rd which sides on Fred Waring Drive or the multi -family units further to the east. 3. The dates of the traffic study and the noise study do not appear to correspond to one another. Item 1: The Acoustics Analysis relies on the traffic numbers provided in the project Traffic Analysis Item 1 Response: The Acoustics Analysis is based on the project traffic analysis. We have conferred once again with the project traffic engineers and are using the correct traffic number for the analysis of existing and future traffic conditions around this site and how they will affect the local noise environment. John A. Boarman of LLG has discussed the traffic data with the City Traffic Engineer who indicated that they are a realistic and acceptable characterization of project and roadway traffic. Item 2: The Acoustics Analysis does not analyze the residence at the end of Joshua Rd which sides on Fred Waring Drive or the multi family units further to the east. Item 2 Response: Prior to preparing the acoustical report, an assessment was conducted based on field and traffic data, and those areas where potentially significant effects could result were selected and analysed in the report. The report did not discuss the individual residence at the end of Joshua Rd, which sides on Fred Waring Drive, because this residence and others farther north are shielded by a tall noise control wall. Nonetheless, to address the issues raised by Mr. Bernheimer, potential project traffic impacts to this area are further discussed below. CNEL stands for "Community Noise Equivalent Level", which represents a combined 24-hour average of all noise sources. It adds 5 dBA to noises occurring in evening hours between 7 p.m. to 10 p.m., and 10 dBA to noises occurring during nighttime hours from 10 p.m. to 7 a.m. HELIX E rn�trunrire'ntAi Pl2mirnu May 23, 2011 Page 3 of 6 The same issue was raised with regard to the multi -family units (presumably One Quail Place), which begin approximately 300-feet east of the planned VONS site. It was clear that the additional VONS traffic would not adversely affect these residences since the nearest apartment is located approximately 100-feet from the roadway centerline, the parkway is comprised of a three-foot masonry retaining wall toped by a landscaped berm, and the subject units have no useable exterior space close to Fred Waring Drive. Also, in light of the limited additional traffic that would be generated on this roadway by the future VONS, it was clear that the project would have a less than significant effect. Nonetheless, in order to further clarify the conditions and project effects along Fred Waring Drive, and to respond to concerns raised in the comment letter, the data collected during this site visit and our assessment of potential impacts is included below. Fred Waring Drive Noise Measurements During the original site visit to the proposed Vons location noise measurements were made of Fred Waring Drive traffic noise east of the VONS site and the residence at the end of Joshua Road during the original site visit. This measurement was taken on the west side of Fairhaven Drive north of Fred Waring nr;vv Th;c lnnntinn is nnnrnYtmatp1V t 000 feet. east of the proposed VONS store. The measurement _.,.,.......... �.; .,._ ._....._�.;.-. w._. _., _..... __..__. �:.., .,,.�., .,� i i7cu Waring Drive and approximately 75-feet from the roadway centerline. FRED WARING DRIVE NOISE MEASUREMENT CONDITIONS AND RESULTS Date: Wednesday, November 10, 2010 Time: 3:10 p.m. — 3:25 p.m. Clear skies; winds from the west at one to two mph; temperature in Conditions: the high 70s (degrees Fahrenheit with low humidity Measured Noise Level: 61.9 dBA LE Note: It is important to keep in mind that the purpose of noise monitoring is to collect data and provide for a comparison of existing measured conditions to the TNM modeled noise environment, which may include noise control barriers and increases in traffic. Other data collected along Fred Waring Drive used to characterize the noise environment are identified in the following table. It also shows the Fred Waring Drive traffic volumes counted during the 15 minute monitoring and noise measurement period and the extrapolated hourly traffic. TRAFFIC COUNTS DURING MEAUREMENT Roadway Percentage of Traffic Automobiles Medium Heavy Hour Trucks Trucks Fred Waring Counted 312 2 0 Drive 25.0 /o o Hourly calculated 1248 8 0 As noted in the above table, the measured noise in the mid afternoon along Fred Waring Drive was 61.9 dBA LEQ. Based on the traffic counts provided in the Traffic Analysis as a basis to calculate the hourly traffic distribution volume percentages for Fred Waring Drive and a measured noise level of 61.9 dBA LEQ at this time of day this equates to approximately 62.0 CNEL at this location. These measurements clearly indicate that even without any sound attenuation, such as masonry walls or berms, noise_ impacts.---- --- from existing traffic on adjoining residences is less than significant. EnYttLrtlnX;tnn�m:� May 23, 2011 Page 4 of 6 The measured noise level indicated a current noise impact at the outdoor living space of the subject Joshua Road residence in compliance with the City required outdoor living area noise maximum level of 65 CNEL. This measured noise level was made in an area not shielded from noise generated by traffic on Fred Waring Drive and does not reflect the significant noise reduction due to the existing residential noise control wall in the residence outdoor use area. The residence at the end of Joshua Road has a paved parking area adjacent to Fred Waring Drive, which does not serve as outdoor living space. Only the area between the house and the existing eastern noise control wall perpendicular to Fred Waring Drive facing the channel qualify as outdoor living space. Multi -Family Residences at One Quail Place As discussed above, the existing noise levels within about 75-feet of the centerline of Fred Waring Drive are 62 dBA CNEL. Based upon this measurement, the exterior of the closest residence at One Quail Place is experiencing something slightly less than 62 dBA CNEL, which is well below the City and generally accepted standard. It should also be noted that the 65 dBA CNEL standard is for outdoor living areas, which do not occur along Fred Waring Drive but which are located farther north and are shielded by the residential buildings. Furthermore, as discussed below, the addition of the proposed VONS traffic to existing traffic and that projected for the year 2015, the total contribution of project traffic yields about a 0.2 dBA to the existing noise environment. Therefore, in 2015 with VONS traffic and projected growth in background traffic, the CNEL noise levels at about 75-feet from the roadway centerline will be 62.3 dBA, well below the standard and a level where a change in noise can generally be perceived. Homes in Vicinity of Joshua Road The home on Joshua Road closest to Fred Waring Drive is located at approximately the same distance from the roadway and has nearly identical traffic volume as the location of monitoring on Fred Waring Drive. Therefore, the noise measurements originally taken on Fred Waring Drive are directly applicable to the residences on Joshua Road. The existing and projected future traffic volumes at this location have been taken to account. Homes farther to the north along Joshua Road are farther setback from Fred Waring Drive have the same back noise control wall and will have yet lower noise impacts from traffic on Fred Waring Drive. In addition to the existing noise levels being well below City standards for outdoor living space, is must also be pointed out that these homes are surrounded by solid masonry walls along Fred Waring Drive frontages, as well as along the shared interior property line shared with the future VONS site. The noise control wall ranges from approximately 7.75 feet above the roadway at the eastern end of the wall along Fred Waring Drive, and rising to a height of 8.25 feet adjacent the western edge of the home closest to the street. Noise Modeling Aloniz Fred Waring Drive The effect of these noise walls was evident at the time that the original noise study was prepared, and reinforced our conclusion that no further documentation of potential impacts at this location was needed. Nonetheless, to further demonstrate that the future VONS traffic will have no adverse effect on the local noise environment, we have analyzed this effect in detail, as shown below. __ HELIX P'nvrri��mmnfai Pfau+anu May 23, 2011 Page 5 of 6 The project traffic report provides traffic volumes for Fred Waring Drive in the vicinity of the two VONS access drives. These traffic volumes used in the following noise analysis are presented in the table below. RESIDENCE WITH NOISE CONTROL FENCE ON JOSHUA ROAD ADJACENT FRED WARING DRIVE. Traffic Conditions Fred Waring Drive East to West Fred Waring Drive West to East In Back Yard Midday/PM Midday/PM Opening Da W/O Project 676/668 462/539 50.5 dBA' Opening Da + Project 691/698 466/545 50.7 dBA 2015 W/O Project calculated from data 695/684 500/583 50.7 dBA 2015 + Project 710/714 504/589 50.9 dBA The TNM model includes the PM hour (largest traffic volumes) listed above for each direction of traffic on Fred Waring Drive. This represents the total traffic on Fred Waring Drive at the peak traffic hour. Therefore this noise level represents the worst case sum of the loudest hourly traffic noise impacts. As can be seen in the table above the additional project -related traffic expected to be generated along this segment of Fred Waring Drive will make an approximately 0.2 dBA contribution to the existing noise levels on opening day. Growth in background traffic between opening day and 2015 is projected to add an additional 0.2 dBA to the noise environment. This means that the residence on Joshua Road adjacent Fred Waring Drive will have an unmitigated outdoor use area that is substantially less than the 65 CNEL both before and after the new Vons store is opened. It should also be noted that although the project traffic report does not analyze Fred Waring Drive traffic beyond 2015, the City General Plan projects community buildout traffic volumes of 24,751 ADT on Fred Waring Drive, which is nearly double the current volume. This doubling of traffic will create noise levels approximately 3 dBA louder than under current conditions. Therefore, it is clear that the very small contribution that the VONS project traffic will make to noise along Fred Waring Drive, which is only about 0.2 dBA on opening day, will have a progressively more limited effect on the total noise environment. To further emphasize how limited the change in traffic noise impacts will be due to the proposed VONS store it is useful to understand the human ear's response to changes in noise. Studies of human response to noise have shown that a change of 3 dBA in noise is about the level where a change in noise level can be detected. That is, 3 dBA is a reasonable normal planning threshold for the recognition of an audible noise change. An increase of 3 dBA is typically used as the threshold of significance for an individual project's contribution to the local noise environment. As is shown above, the change due to the VONS generated traffic is in compliance with this reasonable standard and will probably not even have an audible impact on the residents living in the vicinity. As can be seen from this analysis, the single family homes in the project vicinity and the multifamily residences at One Quail Place will not be adversely affected by noise generated by future project traffic. Item 3: The dates of the traffic study and the noise study do not appear to correspond to one another. HL fX Euvzrr,n+ncr�tal FGrnuarj May 23, 2011 Page 6 of 6 Item 3 Response: The acoustics Analysis Report is dependent on the Traffic Analysis prepared by LLG for all traffic information used as a basis for the Acoustics Analysis. The traffic data used in the Acoustics Analysis Study are provided in the study and are identical to the later published final Traffic Analysis. The exact traffic numbers and the subsequent calculated noise impact levels remain unchanged between the Project Traffic Report prepared by Linscott Law & Greenspan, VONS, Palm Desert, California, November 4, 2010 and the subsequent study dated December 21, 2010. Inadvertent Report Text We have noted that the executive summary of the November 2010 acoustics analysis report inadvertently references the streets De la Valle Place, Arroyo Rosita, and Polo Point. These cited streets were carried over from an executive summary template and are hereby deleted from the report. They have no bearing or effect whatsoever on the subject acoustical report. Summary Tl. ,. :.. F.. «......«:.... a .cvo..�..A ..1- —, :,n ...4.�-A-A — —cYcnd to the issues raised in the letter prepared and signed by Robert A. Bernheimer dated May 12, 2011. John A. Boarman of LLG has discussed the traffic uata wiii► Uiic %-ILY Uic Lra1114- uaLa ii, Lii12� :n tiaQ�.l in a manner consistent with applicable Piu tbsiuuai iiuise ni,a,yst� �,-canua,u�,. JLI,c Putciuiiai iiui5e 1111pacts associated with VONS project traffic on single-family and multi -family homes in the project vicinity is in the worst case a 0.2 dBA CNEL increase over existing conditions; these impacts are well below any reasonable standards or threshold of significance. Finally, while there were minor changes to the traffic study subsequent to that version used to prepare our noise report for the VONS project, those changes had no bearing or effect on the data used for our analysis. The Acoustics Analysis Report as presented is a full and complete analysis and correctly represents the required project feature elements to allow the project to fully comply with the City of Palm Desert project planning requirements. Sincerely, Charles Terry / Group Manager Noise, Acoustics, & Vibration 7 Z3/ � Date Environrnenfai Planting 01 DEBUT European Hair Design 72-210 Highway 111; Suite E5 Palm Desert, CA 92260 May 22, 2011 City of Palm Desert Attn: Mayor Jean Benson 73-510 Fred Waring DR Palm Desert, CA 92260 Dear Mayor Benson, I am writing once more to express my full support of the opening of the new Safeway VONS store at Waring Plaza. I have attached my original February 8, 2011, letter. As previously noted, my wife and I have owned DEBUT European Hair, located at Waring Plaza, since 1997. Again, I ask that you consider the LONG - TERM ECONOMIC BENEFITS the VONS relocation offers to THE CITY OF PALM DESERT!! • In addition to keeping the 73 employees, VONS will hire an additional 50. • 76,000 sq ft of prime Palm Desert real estate will no longer sit empty, eliminating the blight that has existed since the exit of MERVYNS. VONS at Waring Plaza will allow for this property, located at the Western entrance of Palm Desert, to realize its full potential. It will revitalize businesses and prevent any long-term blight caused by a vacant 80,000 square foot building. • VONS at Waring Plaza will draw on the traffic that already exist at the intersection of Waring and Highway 1 1 1. • VONS at Waring Plaza compliments Desert Crossing - taking advantage of this destination customer. • VONS at Waring Plaza will draw on customers in the neighboring Rancho Mirage community who recently lost their VONS in the Rancho Las Palmas Shopping Center. • VONS at Waring Plaza is one more anchor that attracts people to these smaller Palm Desert businesses. • Traffic? In today's economy everyone is looking for ways to attract that customer dollar. One should be thankful that VONS attracts that dollar. • It not VONS, then who? And will this potential recruit have the branding leverage as VONS? Today's economy brings little certainty. However, for many years VONS has brought certainty, and long term commitment to the Coachella Valley. Please vote to support the relocation of VONS to Waring Plaza, as it ensures strategic opportunities for the City of Palm Desert; it is an important step to take for Waring Plaza's long term economic livelihood; it benefits Palm Desert's residence and for the prosperity of the small businesses. egards, N _-X Allen Short -C ^ 77- DEBUT • European Hair Design r10 760 413 0394 cell _ iww rn 80708 Foxglove Lane Indio, CA 92201 February 8, 2011 City of Palm Desert Attn: Mayor Jean Benson 73-510 Fred Waring Plaza Palm Desert, CA 92260 Dear Mayor Benson, I am writing to express my full support of the opening of the new Safeway VONS store at Waring Plaza. My wife and I have owned DEBUT European Hair, located at Waring Plaza, since 1997. In so much as the new VONS will benefit our business - and all businesses in Waring Plaza - a new VONS store brings many more benefits to the City of Palm Desert, to its residence and to the Valley. Furthermore, the relocation of VONS from Palms to Pines to Waring plaza is not simply a question of relocating but a decision to have a VONS or not. It is my understanding that VONS will close the Palms to Pines center regardless if the Waring Plaza VONS is approved. The permanent closing of VONS is a loss of sales fax revenue and a loss of employment opportunities which Palm Desert need not endure. Moreover, losing VONS would be one less anchor that attracts people to these smaller Palm Desert businesses. In addition to the sales tax revenues, employment opportunities and support of smaller business, there are many more benefits to a centrally located VONS at Waring Plaza. • VONS at Waring Plaza will draw on the traffic that already exist at the intersection of Waring and Highway 111. • VONS at Waring Plaza will compliment the retail at Desert Crossing - taking advantage of this destination customer. • VONS at Waring Plaza will draw on customers in the neighboring Rancho Mirage community who recently lost their VONS in the Rancho Las Palmas Shopping Center. • VONS at Waring Plaza will allow for this property, located at the Western entrance of Palm Desert, to realize its full potential. It will revitalize businesses and prevent any long-term blight caused by a vacant 80,000 square foot building. o It not VONS, then who? And will this potential recruit have the branding leverage as VONS? o If not now, then when? Today's economy is anything but certain. VONS brings certainty, and long term commitment. o At what cost to the city? VONS has committed to slurry, landscaping, new paint, loading dock improvements, etc. o At what cost to the small businesses of Palm Desert? o Traffic? Studies supported by the City show that the level of service will have no impact on traffic along Fred Waring and Highway 1 11. o Traffic? In today's economy everyone is looking for ways to attract that customer dollar. One should be thankful that VONS attracts that dollar. On a personal note, DEBUT European Hair Design has been able to hold on during this difficult economic down turn; however, it as been difficult. We have seen many of our neighboring tenants leave not only because of the economy but also as a result of MERVYN's departure. I have had to cut back staff due to the lack of traffic and our retail sales are virtually non existent. By the end of this season, my wife and I will need to once again evaluate as to whether or not it is worth our while to remain in business. Small businesses can not survive in a dying center. Please take the appropriate action on this vital issue. I strongly urge that you support a VONS at Waring Plaza, as it ensures strategic opportunities for the City of Palm Desert; it is an important step to take for Waring Plaza's long term economic livelihood; it benefits Palm Desert's residence and for the prosperity of the small businesses. Regards, �W- Allen Short DEBUT • European Hair Design 760 413 0394 cell -- J = Jensen's A = Albertson's R = Ralphs TJ = Trader Joe's F&E = Fresh & Easy BF = Bristol Farms N:\1991\Study Area\VONS PD Ctrs Aerlal.dor