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HomeMy WebLinkAboutRes 2011-15 and Ord 1221 ZOA-CUP 10-228 KKE Architects Amendment to Res 91-5 03-10-2011- / �L- CITY OF PALM DE EPt°T`"`' DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: RECOMMENDATION FOR APPROVAL OF: • 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 A TOWER ELEMENT (AS PROVIDED FOR BY PDMC 25.56.300) TO INCREASE THE WEST TOWER ELEMENT FROM 34 FEET TO 40 FEET LOCATED AT 72-280 HIGHWAY 111; 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: March 10, 2011 CONTENTS: Draft Ordinance, Exhibit A Draft Resolution, Exhibit A, Negative Declaration of Environmental Impact Legal Notice Draft Initial Study City Council Vons Staff Report ZOA/CUP 10-228 March 10, 2011 Page 2 Acoustical Analysis Report by Helix Environmental Planning dated November 18, 2010 Resolution 91-5 Conditions #10 and #21 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: 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; 011-15 2. Adopt Resolution l4o. and a Mitigated Negative Declaration, and approve the findings for approval of ZOA/CUP 10-228subject to the attached conditions. 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 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. GAPlanning\Kevin Swartz\WordWons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 March 10, 2011 Page 3 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 including a tower element, as is provided for under the municipal code, to increase the west tower element from 34 feet to 40 feet in height. 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). 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 GAPlanning\Kevin Swartz\Word\Vons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 March 10, 2011 Page 4 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). 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 GAPlanning\Kevin Swartz\Word\Vans ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 March 10, 2011 Page 5 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 including increasing the west tower element from 34 feet to 40 feet in height. 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 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. GAPlanning\Kevin Swartz\Word\Vons ZOA 10.228\CC staff report final.doe City Council Vons Staff Report ZOA/CUP 10-228 March 10, 2011 Page 6 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". The applicant is also proposing to increase the west tower element from 34 feet to 40 feet. The east tower would remain at 34 feet. Such increases in height are permitted under 256.56.300 of the municipal code. 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. 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 GAPlanning\Kevin Swartz\Word\Vons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 March 10, 2011 Page 7 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 from the size and mix of retail uses. Therefore, adequate parking is provided for this and other uses in the retail center. G1Planning\Kevin Swartz\WordWons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 March 10, 2011 Page 8 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 Swartz\Word\Vons ZOA 10-228\CC staff report tinal.doc City Council Vons Staff Report ZOA/CUP 10-228 March 10, 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\Vons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 March 10, 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\Ward\Vons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 March 10, 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: 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, 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 March 10, 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 (including the west tower), land use, and parking requirements such that it will not be detrimental to the public interest, health, safety, welfare and will not be materially injurious to properties or improvements in the vicinity as described in more detail in the staff report. 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. G:\Planning\Kevin Swartz\Word\Vons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 March 10, 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. G:\Planning\Kevin Swartz\Word\Vons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZOA/CUP 10-228 March 10, 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\Word\Vons ZOA 10-228\CC staff report final.doc City Council Vons Staff Report ZONCUP 10-228 March 10, 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 March 10, 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: Department Head: Kevin Swartz Lauri Aylaian Assistant Planner Director of Community Development roval: JohM. Wohlmuth CitV Manager GAPlanning\Kevin Swartz\WordWons ZOA 10428\CC staff report final.doc 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 10t" day of March, 2011, hold a duly noticed public hearing to consider modification to Chapter 25.30 of the Palm Desert Municipal Code; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1" 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. 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 70,000 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. ORDINANCE NO. 1221 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. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 10tn day of March, 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 K ORDINANCE NO. 1221 EXHIBIT "A" SECTION 1 That Section 25.30.020E 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. 3 RESOLUTION NO. 2011-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING: 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 A TOWER ELEMENT (AS PROVIDED FOR BY PDMC 25.56.300) TO INCREASE THE WEST TOWER ELEMENT FROM 34 FEET TO 40 FEET; AND APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PROPERTY IS LOCATED AT 72-280 HIGHWAY 111. CASE NO: CUP 10-228 WHEREAS, the City Council of the City of Palm Desert, California, did on the 101" day of March, 2011, hold a duly noticed public hearing to consider the request by Vons, for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of February, 2011, hold a duly noticed public hearing to consider the request by Vons, 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 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: RESOLUTION NO. 2011-15 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. 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 K RESOLUTION NO. 2011-15 divide an established community or neighborhood. Based on consideration of the whole, the proposed project does not appear to conflict with any applicable land use plan or policies. The site has been previously designed to meet setbacks, lot coverage, building height (including the west tower), land use, and parking requirements such that it will not be detrimental to the public interest, health, safety, welfare and will not be materially injurious to properties or improvements in the vicinity as described in more detail in the staff report. 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. 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: 3 RESOLUTION NO. 2011-15 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. 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 2 RESOLUTION NO. 2011-15 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 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 G RESOLUTION NO. 2011-15 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. 0 RESOLUTION NO. 2011-15 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 10th day of March, 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. All Delivery trucks and vehicles shall enter the premises via Parkview Drive only, no access from Fred Waring Drive. 7. Store hours for the supermarket shall be limited to 6:00 a.m. to 12:00 p.m. (midnight) seven days a week. 8. That the building colors be consistent with those shown on the material sample board and the design is consistent as approved by the Architectural Review Commission. 9. That any future restaurants on the site shall provide an effective means of odor control from cooking units satisfactory to the Planning and Building Departments prior to issuance of building permit. RESOLUTION NO. 2011-15 10. That all signs on site be approved by the Architectural Review Commission and conform to the ordinance requirements. 11. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 12. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 13. All sidewalk plans shall be reviewed and approved by the department of public works. 14. All Landscaping and lighting for the facility shall be strictly on site and will not intrude onto surrounding properties. 15. The plant selection is in conformance with the City's Desert Floral Palette and a final landscaping plan must be reviewed and approved by the City's Landscaping Manager before building permits are issued. 16. The owner shall be responsible for installation and maintenance of landscaping of the property, as indicated on the approved landscape plan. 17. All conditions of approval shall be recorded before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 18. All HVAC roof -mounted mechanical equipment must be screened from public view. 19. All construction vehicles or equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers consistent with the manufacturers' standards. Equipment operators shall place all stationary construction equipment so that emitted noise is directed away from sensitive noise receptors. 20. All operations shall comply with the City Noise Ordinance Chapter 9.24 of the Palm Desert Municipal Code. 21. Vehicular routes for construction -related truck traffic shall be reasonably designated to ensure that acceptable noise levels are maintained for existing residential neighborhoods to the north and east. Stockpiling and/or vehicle staging areas shall be located as far as possible from existing residential neighborhoods. 22. All construction -related activities that could result in high noise levels should be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No 9 RESOLUTION NO. 2011-15 construction should be allowed on Sundays or public holidays, except in cases of emergency. 23. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction -related noise sources and noise sensitive receptors nearest to the project site during all construction phases. 24. To the extent practicable, the construction contractor and City shall limit haul truck arrivals and departures to the same hours specified for construction equipment, and haul routes shall limit passing sensitive land uses or residential dwellings to the greatest extent feasible. 25. The design, selection, and placement or replacement of mechanical equipment shall include consideration of the potential noise impact on nearby residences. Roof -mounted equipment shall be screened by effective acoustical barriers, such as parapet walls or similar architectural elements. As set forth in the project noise impact study, all rooftop -mounted equipment must be within the existing rooftop enclosure area and the rooftop equipment area must be surrounded by a wall higher than the top of any of the rooftop mounted equipment. 26. Appropriate sound attenuation measures, such as silencers and/or barriers, shall be provided where necessary on outdoor equipment, whether roof or pad - mounted, including but not limited to cooling towers, air-cooled condensers, refrigeration compressors/condenser units, and air intake and discharge openings for building ventilation. 27. That pursuant to the noise study / acoustical study prepared by Helix Environmental Planning, Inc, the following conditions shall be imposed: a. As set forth in the project noise impact analysis, the existing loading dock wall must be of sufficient length to fully shield the line of site view of any truck at the loading dock as shown on the attached project plans. b. All truck engines must immediately shutdown when the truck is parked at the loading dock. c. All truck refrigeration must be shut down immediately after arrival and for the duration of the time while the truck is at the loading dock and shall not be restarted until the unit has left the site. If the refrigeration unit is a hybrid that can be operated from an on -site electric power connection it may be operated from electric power while at the dock. d. The on -site hydraulic trash compactor shall be limited to operation between the hours of 7 AM and 7 PM, and shall be operated in an efficient but non -continuous manner to limited potential impacts to nearby residents. 10 RESOLUTION NO.2011-15 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. i. Prohibit all horn blowing. Post accordingly. j. Prohibit loud talking radios. Post accordingly. k. Prohibit the use of forklifts except within the closed section of the docks. I. Prohibit all the external mechanical equipment on any store except trash compactors. m. Prohibit existing exhausts or location of fans on the east wall of shops. n. Require evaluation of the mechanical equipment designs for compliance prior to issuance of the building permits. o. Prohibit parking of trucks or trailers overnight within 500 feet of the residences or in the alley, except the weeks prior to Thanksgiving and Christmas Day, and on Thanksgiving and Christmas Day's. p. Erect an eight foot wall around the trash compactors, or enclose the hydraulic pump box. 28. The City shall review the project improvement plans and assure that equipment maintenance and staging areas are located a sufficiently distance from existing residences. City inspectors, as well as the general contractors, shall regularly monitor construction operations and associated noise generation near residences. Operational noise issues, including roof -mounted mechanical equipment and loading dock and trash compacting facilities, will be mitigated on a case -by -case basis, if and when they arise. 29. Designate acceptable truck/construction equipment route(s), as appropriate. 30. The applicant must extend the loading dock block wall by 24 feet in length and 8 feet in height to screen the delivery trucks. 31. In the event that there are noise issues and/or noise complaints from adjacent property owners when all other noise mitigation has been implemented, the applicant shall construct an insulated truck tunnel around the loading dock area 11 RESOLUTION NO. 2011-15 similar to the one constructed at the Albertsons Grocery Store located on Highway 111 and Deep Canyon Road. DEPARTMENT OF PUBLIC WORKS: Prior to City Council approval: The applicant shall submit a comprehensive site plan indicating all proposed improvements no later than ten days after Planning Commission approval. This project may be subject to additional conditions based upon this site plan prior to submittal to City Council for approval. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals by the Public Works Department. Prior to permit issuance: 2. Easements for pedestrian access along Fred Waring Drive shall be dedicated to the public prior to permit issuance. 3. The applicant shall modify all ramps in the ADA path of travel, including ramps in the Public Right of Way, to meet current accessibility standards. 4. A final landscape plan must be submitted for review and approval prior to the issuance of any permits. Applicants are advised to use the City of Palm Desert Design Guide when designing plans. Landscape plans must meet the following criteria: a. Must be water efficient in design and meet the City of Palm Desert's Water Efficient Landscape Ordinance. b. Planting plans must show location of proposed and existing utilities. c. Must match approved civil plans. d. All specs and details must be site specific. e. Applicants must have CVWD approval of their irrigation plans prior to City approval. 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 12 RESOLUTION NO. 2011-15 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. 113413.2 General All existing buildings and facilities, when alterations, structural repairs or additions are made to such buildings or facilities, shall comply with all provisions of Division I —New Buildings, except as modified by this division. These requirements shall apply only to the area of specific alteration, structural repair or addition and shall include those areas listed below: 1134B.2.1 A primary entrance to the building or facility and the primary path of travel to the specific area of alteration, structural repair or addition, and sanitary facilities, drinking fountains, signs and public telephones serving the area. 4. All exits must provide an accessible path of travel to the public way. (CBC 1024.6 & 1127B.1) 5. Detectable warnings shall be provided where required per CBC 1133B.8 and 1127B.5 (7). The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supercede the State requirement. 6. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Dept of Building and Safety. 7. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 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. 13 RESOLUTION NO.2011-15 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 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. iEl 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 70,000 gross square feet as conditional uses in the Regional Commercial PC (3) Zone; exterior modifications and a tower element (as provided for by PDMC 25.56.300) to increase the west tower element from 34 feet to 40 feet. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project as mitigated will not have a significant negative effect on the environment. A copy of the Initial Study has been attached to the document supporting the findings. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. LAURI AYLAIAN DATE DIRECTOR OF COMMUNITY DEVELOPMENT 15 III y 01 PNtil� 0[���t I 73-510 FRLD WARING DRIVE I'illm DLSERI, CALIFORNIA 92260-2578 TEL: 760 346—o6u FAX: 760 341-7098 infuC-palm-descrt.org CITY OF PALM DESERT PUBLIC NOTICE CASE NO. ZOA / CUP 10-228 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council on March 10, 2011 to consider a request by Vons for approval of a Mitigated Negative Declaration, 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 Zone Ordinance Amendment to Chapter 25.30 of the City Zoning Ordinance to allow supermarkets not exceeding 60,000'gross square feet as Conditional Uses in the Regional Commercial PC-3 Zone located at 72-280 Highway 111. SAID public hearing will be held on Thursday, March 10, 2011, at 4:00 p.m. in the Council Chambers at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Palm Desert City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE KLASSEN, CITY CLERK February 10, 2011 Palm Desert City Council Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 CITY OF PALM DESERT CEQA Environmental Checklist & Environmental Assessment 1. Project title: VONS Waring Plaza Center CEQA Lead agency name and address: City of Palm Desert 2. 75-510 Fred Waring Drive Palm Desert, CA 92260 Contact persons and phone number: City of Palm Desert: 3 Lauri Aylaian; Community Development Director Tony Bagato; Associate Planner (760) 346-0611 4 Project location: 72-280 Highway 111, Palm Desert, Riverside County, California. APNs 640- 020-025. Project sponsor's name and address: KKE Architects (for VONS) 5. 8 Mills Place Pasadena, CA 91101 6. General Plan Designation: (C-R) Regional Commercial 7 Zoning: Regional Commercial P.C.-(3) Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation.) Proposed Action: The proposed project involves minor renovations and facade modifications to an existing retail commercial building within the Waring Plaza development located at the northwest corner of Fred Waring Drive and Highway 111. In addition to approval of the revised Precise Plan No. 90-16 approved for the development of a VONS supermarket and three additional retail outlets at the now vacant Mervyn's department store, the subject project includes the following: • amendment of Condition of Approval No. 10 for Resolution 91-5 to allow development of a supermarket at this location 8. • amendment to Chapter 25.30 of the City Zoning Ordinance to allow supermarkets in the PC-3 zone of 70,000 square feet or less (current limit 50,000 sf). Site Plan 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 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 building totals approximately 78,633 square feet. The northwest portion of the subject building is connected to another narrow building, and the entire Waring Plaza project encompasses approximately 190,394 square feet. -t- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Building setbacks range from 360± feet from Fred Waring Drive, 270± feet from Highway 111, 84± feet from residential lands to the east and 75± feet from residential lands on the north. The existing enclosed loading area is approximately 45 feet south of the referenced residential neighborhood. The entrance to the proposed VONS would face Fred Waring Drive, and the existing loading dock area located on the north side of the building would remain as currently configured. The three additional retail spaces are existing and are include Retail Space No. 1 located along the west side of the subject building and encompassing 16,379± square feet; No. 2 located at the southwest corner of the building and encompassing 3,080± square feet; and No. 3 located at the southeast corner and encompassing 2,031± square feet. The building site is not modified by this proposal. No new site work is to be performed beyond repair to damaged pavers and other restorative improvements. No new site lighting is proposed. A landscaper plan has been prepared in conformance with City guidelines. Building Height, Massing; and Elevation The subject building has a maximum height of 34.6 feet at the highest portions of the articulated facade, 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 screening the roof - mounted mechanical equipment (HVAC). Three of these HVAC units are to be replaced with new ones. While minor modifications to the south elevation of the building the only elevation change affecting the overall height of the building is a 6-foot addition to the tower at the southwest corner. Otherwise, the overall height of the existing building is to remain as presently build. Access and Parking Access to the VONS and three other retail spaces will continue to be primarily from Fred Waring Drive, where east and west bound traffic has access to a major entry located opposite the proposed VONS entrance. According to the parking needs assessment conducted by the project architects, 372 parking spaces are required to serve the VONS and three additional retail spaces. A total of 382 parking spaces are provided, providing a surplus of 10 spaces. It should also be noted that the subject building is part of a larger retail center and parking efficiencies are typically realized from the size and mix of retail uses. Therefore, adequate parking is provided for this and other uses in the center. ADA stalls are to remain as currently provided. Other Approvals As noted above, the proposed supermarket use is currently prohibited per previously imposed conditions of approval. The proposed market also exceeds the currently allowed maximum supermarket size, which is limited to 50,000 square feet. Therefore, in addition to deleting the referenced conditions prohibiting a supermarket at this location (Condition No. 10 per Resolution 91-5, a Zone Text Amendment is also requested to Chapter 25.30 of the Zoning Ordinance to allow supermarkets of 70,000 square feet or less on lands designated PC-3, which currently limits supermarkets to 50,000 square feet or less. . -2- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Surrounding land uses/zoning and setting: North: R-M (Medium Density Res.) and R-1 (Single Family Residential). 9. South: Fred Waring Drive; C-R (Regional Commercial) and PC-3. West: Highway 111; C-R (Regional Commercial) and PC-4 East: R-M (Medium Density Residential and R-1 (Single Family Residential) Other public agencies whose approval is or may be required (e.g., permits, financing approval, 10. or participation agreement.) None. Summary of CEQA Findings: The proposed VONS, allowance of a supermarket at this location, and the Zone Text Amendment to allow supermarkets of up to 70,000 square feet in the PC-3 zone are expected to have a less than significant impact on potential environmental factors with the implementation of mitigation measures set forth in this Initial Study/Mitigated Negative Declaration. The environmental factors that have the potential to be impacted by this project have been reduced to levels that are less than significant through the application of appropriate mitigation measures. Purpose of this Initial Study This Initial Study has been prepared in conformance with Section 15063 and other applicable sections of the CEQA Guidelines, to determine if the project, as proposed, may have a significant effect upon the environment. Based upon the findings contained within this report, the Initial Study will be used in support of the preparation of a Mitigated Negative Declaration. 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the. fnllnwina nnaac Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology/Soils Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation• I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been X made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature (Lauri Aylaian, Community Development Director, I Date City of Palm Desert) -4- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20. 10 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level 5) Earlier analyses may be used where, pursuant to the tiring, program EIR or EIS, or other CEQA or NEPA process, an effect has been adequately analyzed in an earlier EIR or EIS or negative declaration or FONSI. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance -5- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20. 10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic X buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and X its surroundings? d) Create a new source of substantial light or glare, which would adversely X affect day or nighttime views in the area? sources: calm Desert General Plan and EIR; Palm Desert Zoning Ordinance, 2004; Terra Nova Field Survey & Site Assessment; Application Site Plan, Building Elevations, 2010. Findings of Fact: The project area, the City and the Coachella Valley benefit from significant viewsheds created by the area's varied geology of mountains and deserts. On the north, the Valley is bordered by the San Bernardino and Little San Bernardino Mountains, as well as the Indio Hills. Much of this land is protected as open space in perpetuity by the creation of the Joshua Tree National Monument. The San Jacinto Mountains comprise the western boundary of the Coachella Valley, along with the significant peak of San Gorgonio. The San Jacinto Mountains rise sharply from the Valley floor, and represent the steepest gradient in North America. The San Jacinto range is partially visible from the subject property. Project site and area conditions affecting area viewsheds, include on -site and surrounding topographic relief, development adjoining and near the Highway 111 and Fred Waring Drive corridors, and parkway landscaping, all of which significantly affect viewsheds seen from the highway and adjoining lands. The subject property and surrounding lands are located on the valley floor but in proximity to the foothills of the Santa Rosa Mountains. The most important mountain viewsheds associated with the subject property are to the west and south, and include the foothills and mountains of the Santa Rosa Mountains. Views of the spur of foothills are also visible to the west and southwest with intervening lands being developed with commercial uses, including the Desert Crossing project. The San Jacinto and Santa Rosa Mountains were designated a National Monument by Congress in 2000, ensuring their preservation as a valuable scenic resource for the long term. Highway 111 and Fred Waring Drive are designated as "Arterial Street" on the City General Plan Circulation Element, with an assigned right-of-way (R/W) of 150-feet. Highway 111 is one of the oldest routes through Palm Desert and the Coachella Valley. Fred Waring Drive (east -west) provides important viewsheds to the traveling public as well. Development in the area is comprised of a mix of community and regional commercial uses, with multi -family and single family residential to the north and east. 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 The field surveys conducted for this environmental assessment included the taking of photos and measuring the height of walls on the east and north perimeter of the subject property, as well as the wall enclosing the loading dock. Along the east project boundary, an 8-foot masonry wall separates the subject property from the side yards of residences to the east. Along the north and opposite the loading dock, the masonry wall on the project boundary ranges from 8-feet to 9.5-feet above grade, and another 8-inches from the roadbed of the service drive. The north boundary wall steps down from 9.5±-feet to just over 6-feet near the west end of the service area and well beyond the loading dock area (also see Photo Survey). Project Impacts: The proposed project and associated zone text amendment will result in a minor modification to an existing building. The 4-foot addition to the tower located at the southwest corner of the subject building will have a less than significant impact on viewsheds, being located within the heart and away from the perimeter of the project site. The allowance of supermarkets of up to 70,000 square feet will not in and of itself significantly impacts scenic vistas. Each future proposal for supermarket development in the PC-3 zone will be subject to architectural and other City review, and in such cases the potential for visual impacts will be assessed on a case -by -case basis. Therefore, the proposed action will not have a substantial adverse effect on any scenic vista. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -7- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the project: X a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? X b) Conflict with existing zoning for agri- cultural use, or a Williamson Act contract? X c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Sources: Site plan, Palm Desert General Plan and EIR; and California Farmland Mapping and Monitoring Program. Findings of Fact: No agricultural activities are known or suspected of having taken place within the site. The subject property is located in an urban environment surrounded by commercial and residential land uses, and the proposed development, which will occur within an existing buidling, does not present any potential impacts to agricultural resources in the area. As development of the proposed project does not include the conversion of farmland, there will be no impact on agricultural resources, conflict with existing zoning for agricultural use, or result in the loss of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The proposed project site is not currently in agriculture production, nor are there Williamson Act contracts on the subject property. The proposed project will not impact agricultural resources, and therefore no mitigation measures are required. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -8- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: X a) Conflict with or obstruct implement- ation of the applicable air quality plan? b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attain- ment under an applicable federal or state ambient air quality standard (including re -leasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to X substantial pollutant concentrations? e) Create objectionable odors affecting a X substantial number of people? Sources: Palm Desert General Plan and Environmental Impact Report; South Coast Air Quality Management District CEQA Handbook, 1993; Coachella Valley State Implementation Plan for PM1o, 2007 Air Quality Management Plan; and the Air Quality and Greenhouse Gas Impact Analysis, Terra Nova Planning & Research, Inc. December 2010. Findings of Fact: As discussed below the proposed project is expected to have a less than significant impact to air quality. A project specific air quality and greenhouse gas study was conducted in order to identify any potential air quality impacts that may occur as a result of project implementation. The Study analyzes project related air quality emissions for the development and described the current regulatory and environmental setting in the project vicinity and region. The full report is included in Appendix B of this document. The following discussion summarizes the findings of the appended Air Quality Study. Air pollution in the project area is attributed to a combination of regional activities, including grading, construction and vehicular traffic, as well as heating, cooling, and ventilation equipment. In addition, a considerable amount of the existing air pollution in the project vicinity is due to local geology and geographic and climatic conditions. In 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 The South Coast Air Quality Management District (SCAQMD) maintains two monitoring stations in the Coachella Valley portion of the Salton Sea Air Basin (SSAB). These stations monitor concentration of criteria pollutants including ozone, nitrogen dioxide, carbon monoxide, particulate matter under 10 microns (PM10) and fine particulate matter 2.5 microns in size (PM2.5). Criteria air pollutants are contaminants for which state and federal air quality standards have been established (See Table 1 of the AQ technical report). The two primary pollutants of concern in the Coachella Valley are particulate matter (PM10) and ozone (03). Ozone (03) is formed when byproducts of combustion react in the presence of ultraviolet sunlight. This process occurs in the atmosphere where oxides of nitrogen combine with reactive organic gases, such as hydrocarbons, in the presence of sunlight. Ozone is a pungent, colorless, toxic gas, and a common component of photochemical smog. Although also produced within the Coachella Valley, most ozone pollutants are transported by coastal air mass from the Los Angeles and Riverside/San Bernardino air basins, thereby contributing to occasionally high ozone concentrations in the Valley. The Coachella Valley has a history of exceeding regulatory ozone standards, although the number of days and months the Federal one -hour standard has dropped steadily over the past decade. Under the Federal Clean Air Act, the SSAB is classified as a "serious" ozone non -attainment area for the 8-hour state standard, which means that the region must come into compliance with Federal ozone standards by June 2013. SCAQMD recognizes that due to the SCAB's contribution of ozone, the SSAB will not be able to obtain this deadline and has therefore asked for a reclassification of "severe-15," which must achieve attainment by June 15, 2019.' Particulate Matter (PM10 and PM2.5) consists of fine suspended particles of ten microns or smaller in diameter, which are byproducts of road dust, sand, diesel soot, wind storms and the abrasion of tires and brakes. PM10 or smaller is one of the most prevalent forms of pollution in the Coachella Valley and is associated with land disturbance and strong desert winds. Fine particulate matter poses a significant threat to public health. The elderly, children, and adults with pre-existing respiratory or cardiovascular disease are most susceptible to the effects of PM10. More than half the smallest suspended particles can be inhaled and deposited in the lungs, resulting in permanent lung damage. Elevated PM10 levels are also associated with an increase in respiratory infections and occurrences of asthma attacks. The Coachella Valley is classified as a PM10 non -attainment area for both the federal and state standards. SCAQMD employs effective measures to reduce particulate matter in the District, sets forth new measures that could further reduce particulate matter, and lists those new measures that need further evaluation prior to implementation. In addition, applicable state code and AQMD Rules, including Rule 403 (Fugitive Dust), enforce fugitive dust compliance. The Coachella Valley is defined as unclassifiable for PM2.5, based on the 2007 State Area Designations and does not require a State Implementation Plan to demonstrate attainment. Grading and Construction Related Emissions Potential impacts to air quality from the proposed development may result from the limited facade modifications and renovations that area proposed. These include removal of portions of the south facade, including portions of the tower element located at the southwest corner of the subject building. These modifications are expected to be quite limited, and impacts associated with these are expected to be less than significant. No site grading or other site disturbance is associated with the proposed project. Development of larger supermarkets allowed under the proposed zone text amendment would not in and of itself increase the potential for site development or potential air quality impacts. ' "2007 Air Quality Management Plan," prepared by South Coast Air Quality Management District, June 2007. -10- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 While potential impacts associated with the minor building renovations are expected to be less than significant, a conservative analysis of these impacts has been performed. In order to limit impacts from fugitive dust that may be generated during grading activities, SCAQMD Rule 403 and dust control measures such as watering exposed surfaces and applying soil stabilizers shall be implemented, where applicable. Table 1 below summarizes emissions from construction activities including equipment and workers vehicle trips from limited demolition, delivery of construction materials and off gassing from the application of architectural coating. Table 1 Construction Emissions for the Proposed Project (pounds er day) CO NOx ROG Sox PM10 PM2.5 Unmitigated 20.01 22.67 60.81 0.01 1.70 1.51 Mitigated 20.01 17.38 54.87 0.01 0.30 0.22 SCAQMD Threshold 550.00 100.00 75.00 150.00 150.00 55.00 Significant No I No No No No No See Appendix A for detailed tables. Value shown represents average daily emission over entire construction period. As indicated by the above table, unmitigated grading and construction activities are expected to be well below the SCAQMD daily emission threshold for all criteria pollutants. It should be noted that construction related impacts are short-term and will occur over a limited period of time and then will end. Air quality impacts from all construction activities are projected to result in less than significant emissions. Therefore, the proposed project is not expected to adversely impact local or regional air quality during construction. Operational Buildout Emissions Operation of the VONS and three retail outlets project includes area source emissions such as combustion of fuels, landscaping maintenance, use of consumer products, and application of architectural coatings, as well as emissions from moving sources. The table below summarizes the estimated emission level for each criteria pollutant associated with day-to-day operations of the proposed project at buildout. As shown in Table 2, operation of the proposed project will not exceed any of the established SCAQMD thresholds. Table 2 Operational Emissions for the Proposed Project (pounds per day) CO NOx ROG sox PM10 PM2.5 Area Source 5.34 0.89 0.93 0.00 0.02 0.02 Electricity 5.54 8.99 0.61 5.64 4.03 N/A Moving Sources 350.36 43.37 36.65 0.37 64.11 12.51 Combined 361.24 53.25 38.19 6.01 68.16 12.53 SCAQMD Threshold 550.00 100.00 75.00 150.00 1 150.00 55.00 Significant No No No No No No See Appendix A and B for detailed tables. Value shown represents average daily emission across summer and winter activities. 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Tables 2, above, shows that at buildout of the proposed project emissions of all criteria pollutants are below established thresholds. Therefore, operational impacts to air quality are expected to be less than significant. Climate Change and Greenhouse Gases Air quality has become an increasing concern because of human health issues, and because air pollutants are thought to be contributing to global warming and climate change. The primary contributor to air pollution is the burning of fossil fuels through the use of motor vehicles, power and heat generators, and industrial processes. Emissions from the combustion of fossil fuels are responsible for the poor air quality that is evident in industrial centers worldwide. Some air polluting agents are also greenhouse gases, such as carbon dioxide (CO2), methane (CH4), nitrous oxide (N20), and fluorinated gases (hydrolflourocarbons, perflourocarbons, and sulfur hexafluoride), which are released into the atmosphere through natural processes and human activities. For the purpose of this analysis emission of carbon dioxide, methane, and nitrous oxide are evaluated. The Global Warming Solutions Act (AB 32) requires the state to cut GHG emission to 1990 levels by the year 2020. Therefore, the project would have a significant impacts if GHG's emitted by the project interfere with the ability of AB 32 to achieve the intended reductions by 2020. GHG Construction Emissions Construction activities will generate short-term GHG emissions during demolition, remodeling, paving, and architectural coating. The following table summarizes estimated GHG emissions from construction of the proposed project. Due to the project's limited scope and implementation of project design features, including the installation of new HCAC systems in portions of the development, construction activities are not expected to interfere with the objectives of AB 32. Therefore, as indicated in the table below, GHG emissions from construction of the proposed project are expected to be quite limited. Table 3 GHG Emissions from Construction of the Proposed Project (metric tons) CO2 Tons CH4 N20 CO2e Construction Activities 50.62 0.003 0.002 51.15 See Appendix A for detailed Urbemis Output tables. CH4 and N20 figures assume a ratio of 0.00006 and 0.00003, respectively, per ton of CO2 emitted, pursuant to figures for diesel operated construction equipment provided in the California Climate Action Registry General Reporting Protocol, Version 3.1, January 2009. CO2E accounts for a global warming potential of 21 for CH4 and 310 for N20. See Appendix B for detailed Urbemis output tables. GHG emissions from construction activities are expected to be less than significant since the proposed undertaking will involve very limited construction. The existing retail building will be updated and remodeling to accommodate the intended use. Construction activities will be very limited and of short duration, and associated air quality emission will end once construction in complete. Operational GHG Emissions At buildout the proposed project will result in the emission of greenhouse gasses primarily through the consumption of fossil fuels through motor vehicles and use of electricity generated by power plants. The use of natural gas and the transportation of water also contribute to operational emission of GHG's. As seen in the table below, operation of the VONS and the other three retail outlets is projected to generate 7,799 metric tons of carbon dioxide equivalent per year. -12- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Table 4 GHG Emissions from Operation of the Proposed Project (metric tons) Emission Source CO2 Equivalent Electricity 1,560 Natural Gas 0.17 Moving Source 6,239 Total 7,799 See Appendix A and B for detailed tables. Values shown represent the annual GHG emission projections for operation of the proposed project. For comparison purposes, the total carbon dioxide equivalent emissions in California for the year 1990 was estimated to be 427 million metric tons. At buildout the project will contribute approximately 0.001 % of the total California emissions limit for 2020 as established by the California Air Resources Board (CARB). In 2005, the total carbon dioxide equivalent emissions for the United States was estimated at 7,260.4 million metric tons. The project represents 0.0001% of the total emissions for the US as estimated in year 2005. Conservative Analysis It is important to note that the subject air quality analysis assumes that emission of criteria pollutants and GHGs are new. While this approach is appropriate given that the subject building already exists and has until been previously occupied, a net impact analysis that evaluates previous emissions versus those associated with the new tenants would also have been appropriate. Therefore, the above analysis, and the detailed analysis provided in the Air Quality and Greenhouse Gas Impact Analysis should be viewed as very conservative. The net impacts to local and regional air quality are expected to be substantially less than those projected. As noted above, the project design features sustainability guidelines and principles. In addition several mitigation measures set forth below are intended to reduce greenhouse gas emissions. Based on project design principals and with implementation of the mitigation measures outlines below, operation of the Palm Desert Hotel is not expected to interfere with the objectives of AB 32. Therefore, impacts from the emission of greenhouse gases during operation are expected to be less than significant. Mitigation Measures Mitigation Measures for Reducing Impacts to Climate Change No specific mitigation measures are required to offset any significant impacts. Nonetheless, the follow mitigation measures are recommended and are derived from consensus recommendations for reducing global warming and air pollution. They are intended to further limit the project's contribute to criteria and greenhouse gas emissions: A. General Control Measures 1. To reduce fugitive dust during construction activities trucks leaving the sites with a burden of dust or mud should be washed off; haul trucks should maintain 2 feet of freeboard and/or be covered; equipment should be properly tuned and maintained; and low sulfur fuels should be used for construction equipment. -13- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 2. To reduce construction -related traffic congestion, the developer and contractors shall configure construction parking to minimize traffic interference; provide a flag person to ensure safety at construction sites, as necessary; and schedule operations affecting roadways for off-peak hours, as practical. B. Air Quality and Climate Change Mitigation The follow mitigation measures are recommended for consideration and are derived from consensus recommendations for reducing global warming and air pollution and are intended to limit the project's contribute to greenhouse gas emissions: 1. Landscaping designs shall consider the use of trees and other vegetation to maximize the shading of buildings in order to reduce energy requirements for heating and cooling and provide carbon storage. 2. Onsite buildings shall be equipped with energy efficient and water conserving appliances and fixtures. 3. Natural lighting and ventilation shall be considered for feasibility during remodeling. 4. Recycling facilities and programs shall be made available to divert the landfill waste stream. The following design strategies will reduce reliance on traditional automobiles for transportation: Where feasible, consider providing interconnecting pedestrian and bicycle paths to the commercial center; and 2. Promote the use of electric vehicles and alternative modes of transport by providing safe and convenient bicycle parking and preferential plug-in stations for electric vehicle parking. The design strategies listed below will encourage operational efficiency and sustainability: 1. Install light colored "cool" roofs and cool pavement; 2. Incorporate the use of solar energy for onsite energy production including solar hot water heaters; 3. Install water efficient irrigation systems and devices; 4. Utilize desert landscaping techniques to minimize water demand; and 5. Promote recycling by providing convenient programs including composting green waste. Mitigation Monitoring and Reporting A. Prior to the issuance of grading permits, the City Public Works Department shall require, review and approve a detailed dust management plan consistent with the project demolition plan. The dust control plan or equivalent documentation shall also address issues of construction vehicle staging and maintenance. Implementation of dust control measures will ensure that impacts associated with PMio are mitigated to a less than significant level. Responsible Parties: General/Demolition Contractor; Public Works Department, Building Department. -14- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? -15- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Sources: Palm Desert General Plan and Environmental Impact Report; Riverside County General Plan and Environmental Impact Report; and Coachella Valley Multiple Species Habitat Conservation Plan and EIR/EIS, 2007; Site Survey. Findings of Fact: The subject property is located in the urban core area of the City and is adjacent to the heavily traveled Highway 111 and Fred Waring Drive. The site does not support habitat for sensitive species, as it is located in an urban environment surrounded by commercial and residential land uses. Common species that may occur in the area include small mammals, a variety of birds and perhaps common small reptiles. No sensitive or special status species have been identified onsite and none are expected to inhabit the subject property or adjacent properties. No trees or other assemblages of vegetation with significant habitat value currently exist onsite. The project boundary and vicinity does not contain any riparian or wetlands habitat, and it does not serve as a migratory corridor or nursery site. Given the very limited on -site vegetation, development of the proposed project is not expected to conflict with the Migratory Bird Treaty Act (MBTA). The site is not identified as a Conservation Area in the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). The subject property was disturbed and developed prior to 1996 and is also for this reason exempt from payment of the impact mitigation fee established by the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). The proposed project will not interfere with any City policies regarding the preservation of plants or animals. Landscape plans for the proposed project will require approval by the City of Palm Desert. The proposed project will result in any new temporary and permanent disturbance to land, already been significantly impacted and does not serve as viable habitat for species. Therefore, development of the project will not impact sensitive species of plants, or animals, or natural communities and no mitigation measures will be required. Mitigation Measures None required Mitigation Monitoring and Report None required ffm 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: X a) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? X c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d) Disturb any human remains, including those interred outside of formal cemeteries? Sources: Palm Desert General Plan and Environmental Impact Report; Riverside County General Plan and Environmental Impact Report. Findings of Fact: Cultural resources are generally defined as those resources of traditional, cultural, religious, or historic importance to Indian tribes, other socio-cultural groups, or to the American people in general. They include, but are not limited to, archeological, historical, and traditional cultural historic districts, sites, buildings, structures, landscapes, or objects. Important historic resources in the area include the Cocomaricopa Trail, which passed through the Coachella Valley along the base of the Santa Rosa Mountains and closely following the current Highway 111. Originally an Indian trade route, the Cocomaricopa Trails connected the coastal region of California with the Colorado River, and later served as the primary thoroughfare for stagecoaches traveling through the Coachella Valley between coastal southern California and the gold fields of Arizona. Palm Desert was founded on the south side of Highway 111 in 1945-1946 by the four Henderson brothers, who were involved in early development, and organized the Palm Desert Corporation to promote their new desert town, and by 1947, the population was sufficient to establish a post office. In 1951, Palm Village and Palm Desert merged into a single community, forming the present urban core of the city. -17- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 The cultural resources sensitivity assessment prepared for the City General Plan indicates that the subject property is located just northwest of an area designated as having the "High Sensitivity for Prehistoric Archaeological Resources". The subject lands themselves are not designated as sensitive. Again, it must be noted that the project site was fully developed in the early 1990s and no new site disturbance is proposed. The entire site has been disturbed numerous times in association with previous on -site development and nearby road construction. No cultural resources have been identified within or adjacent to the project area in past studies, and there is no evidence to indicate that cultural resources exist on site. The proposed project will not impact any known paleontological resource or culturally significant geological features. Development is not expected to disturb any known cultural resources or human remains; therefore no mitigation measures are required. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -18- 52256320 Terra Nova/City of Pahn Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to poten- X tial substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? X iii) Seismic -related ground failure, X including liquefaction? iv) Landslides? X b) Result in substantial soil erosion or X the loss of topsoil? d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code, creating substantial risks to life or property? X e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Sources: Palm Desert General Plan and Environmental Impact Report; "Soils Survey of Riverside County, California, Coachella Valley Area," U.S. Soil Conservation Service, September 1980. Findings of Fact The subject property is located in an area that is susceptible to geotechnical conditions and hazards, which have been addressed in the engineering of the existing building. Each major area of potential concern is addressed below. 0ME 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Quaternary Alluvium Alluvial deposits occur in the vicinity of the project site at the mouths of drainages from the Santa Rosa Mountains. These sediments of Holocene alluvium are deposited rapidly, and are not well consolidated, so that the major engineering concern affecting this stratum would be collapse upon introduction of irrigation water. It is underlain by soils classified as Carsitas gravelly sand (CdC), consisting of well drained to excessively drained sands and gravels with a low water holding capacity. These soil types include coarse -grained soils, sands, clean sands, and poorly graded sand. The site's geotechnical characteristics are expected to provide for a stable building foundations and any potential geotechnical hazards are expected to have been reduced to less than significant levels. Seismicity and Groundshaking The project site is located approximately 8.5 miles southwest of the seismically active San Andreas Fault. The site is not located within an Alquist Priolo Fault Hazard Study Zone and no active faulting is expected to occur on site or in the project vicinity. The site, as with the rest of the City, has the potential to be subject to significant ground movement and shaking in the event of a major earthquake on the San Andreas Fault Zone. Structures and fill, if any, associated with this project are expected to meet the City's and the State's standards for construction, which include Uniform Building Code requirements for the site's seismic zone. Compliance with the Uniform Building Code ensures that potential impacts from ground shaking are reduced to less than significant levels. Liquefaction and Subsidence The potential for liquefaction is considered to be low, given the distance from active faults, existing soils conditions, and the depth to groundwater, which is in expected to be greater than 250 feet in this area due to the area's location on somewhat elevated alluvium in proximity to the bedrock of the mountains, and the location of the main portion of the aquifer farther north on the Valley floor.' The presumed groundwater gradient of the site is toward the northeast generally following the topographic gradient of the Valley. Although the site is located within an area that is considered to have a high susceptibility to seismically induced settlement, compliance with the Unified Building Code during construction will have minimized impacts in the event that ground shaking were to occur. The potential for slope failure is non-existent. Soils Erosion: The site is located in an area that is considered subject to a severe wind erosion hazard, with soils that can be eroded by strong winds when disturbed. During construction activities, temporary wind erosion may impact the site and its vicinity. Since strong winds are common within the subject area, appropriate measures will be taken to ensure that potential dust generation from wind will be kept to a minimum during construction. Mitigation Measures None required Mitigation Monitoring and Reporting None required. 2 "Coachella Valley Urban Water Management Plan," prepared by the Coachella Valley Water District, 2005. -20- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the project: X a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a X list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land X use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the area? f) For a project within the vicinity of a private X airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically X interfere with an adopted emergency response or evacuation plan? -21- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 h) Expose people or structures to a significant X " risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Sources: Palm Desert General Plan and Environmental Impact Report; Project description and development plans, 2010. Findings of Fact: Based on known surrounding land uses, there are currently underground tanks in the project vicinity and associated with the gasoline service station located at the southeast corner of Highway 111 and Fred Waring Drive. There are no known buried materials, or aboveground tanks known to be associated with the project site. No strong, pungent, or noxious odors were detected during staffs site survey. Southern California Edison electric transformers are located on site and in the vicinity. No leakage or areas of stains or corrosion were observed in association with the on -site transformer or elsewhere on site during the site visit. There is a limited but less than significant possibility that lead -based paint may have been used in the original building materials or in materials added as part of improvement activities, in that construction of these structures did not occurred prior to the 1992 (Residential Lead -Based Paint Hazard Reduction Act (Title X)). With the limited demolition completed on these structures, it is expected that levels of lead on building coatings are less than significant. Potential Development Impacts The proposed project is not expected to result in a substantial increase in the use, generation or disposal of hazardous materials. There are no uses planned on site that might generate substantial volumes of hazardous materials wastes. The sale and use of common household cleaners, batteries, fluorescent tubes, mercury -containing devices, and electronics is not expected to present any significant hazard associated with exposures to these materials. All of these products, termed universal wastes, are considered hazardous materials since they could harm people or the environment if they are not disposed of properly. In order to safely dispose of these wastes local jurisdictions operate collection sites that accept antifreeze, batteries, oil, and latex paint. Routine landscaping and other on -site maintenance may require the storage, use and transport of fuels and other chemical substances, including fertilizers, herbicides, and insecticides. However, potential impacts to the public are expected to be mitigated through sound landscaping management practices, which minimize the use of chemical agents, and indicate proper use, as well as strict adherence to applicable policies and laws. Neither is the application of fertilizers and other organic and inorganic chemicals expected to have a significant impact on either surface or groundwater. The project will not make a cumulatively significant contribution to the generation or release of hazardous or toxic materials. Neither will it have cumulative effects on emergency response capabilities, or contribute to an increased wildland fire hazard. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -22- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or X waste discharge requirements? b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, in a manner resulting in substantial erosion/siltation on- or off -site? d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on - or off -site? e) Create or contribute runoff water which X would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g) Place within a 100-year flood hazard X area structures, which would impede or redirect flood flows? Sources: Palm Desert General Plan and EIR; Proposed development description and plans, 2010. 1PAI 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Findings of Fact: The desert floor receives a very low mean annual rainfall, averaging from 4 to 6 inches per year. In some years, no measurable rainfall has been reported. In general, precipitation occurs during the winter months, between December and March. The surrounding mountain slopes generally receive rainfall that increase with elevation. The mountains and upper elevations are generally cooler, with about a 5°F drop in temperature with every 1,000-foot increase in elevation. Daytime temperatures in the Valley reach up to 125°F occasionally during the summer season and winter temperatures rarely fall below freezing. Flash flooding in the Coachella Valley is generally limited to washes extending from mountain canyons, floodways and floodplains adjacent to rivers and low-lying drainages. Flooding on alluvial fans can be particularly damaging because floodwaters move at high velocities and spread across wide unchannelized areas. Given that most of the City is situated on alluvial fans, the hazard posed by flooding is significant if not mitigated. The subject property is located in an area that has in the past experienced significant flooding originating from mountains and canyons to the south. In the past two decades, major flood control facilities, including the Palm Valley channel located a short distance to the east, have been constructed that have removed this area and other portions of south Palm Desert from the 100-year flood hazard area. However, this site and surrounding lands are located in a FEMA Zone B, designating areas with a flood hazard between the 100-year and the 500-year storm event. There are no existing subsurface drainage facilities in the area. Existing curbs and gutters along the local roadways convey local runoff eastward to the Palm Valley Channel and ultimately to the Whitewater River located approximately one mile northeast of the site. The project site is located within City Drainage Area 113, which is bounded on the east by the Palm Valley Channel and on the west by the City limits. The northern boundary is Park View Drive, which also forms the north boundary of the Waring Plaza development within which the project site is located. This area consists of relatively flat terrain in the north and hillside in the south. Two systems have been designed for this region. The Joshua Road storm drain (Line 113-1) conveys runoff in the Joshua Road area to the Palm Valley Channel. The second storm drain system carries flows from Painters Path to Fred Waring Drive. This system heads east on Fred Waring Drive and terminates in the Palm Valley Channel. Both of these systems are adequate to convey the 25-year storm to the Palm Valley Channel and will relieve these areas of the troublesome runoff. Project Impacts The proposed project will not result in any new development. Most of the site is covered with impermeable surfaces, with and about 15% as landscape area. Stormwater runoff from the project is managed by a combination of on -site facilities that will reduce maximum site runoff. The City's Drainage Area 1 B system will convey the 25-year runoff and the street rights -of -way are designed to carry higher volumes to the Palm Valley and Whitewater River stormwater channels. No new drainage facilities are associated with the proposed project. Development of the proposed project will not result in the generation of new contaminated urban runoff or otherwise compromise local or regional water quality. NPDES permit requirements have already been met for this project. Therefore, based on previous hydraulic analysis and existing project and City drainage facilities, the project is expected to have a less than significant impact on water quality standards. -24- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Water Demand Water demand for commercial land uses was calculated using the appropriate American Water Works Association water demand factor'. For hotel, commercial, and office land uses the AWWARF figures offer a low and high estimate for each projected demand. In order to be consistent the low and high estimates the commercial use factors were averaged and the resultant values was used. The potable water demand factor 0.08 gallons per square foot per day for commercial space (30.5 gallons per year per square foot) was used to calculate potential water demand for this project. Square footages were then multiplied by the average per square foot AWWARF water demand factor in order to quantify the total potable water demand expected to be generated by the project.' Based upon this analysis, project demand will total approximately 6,291 gallons per day or 2,296,215 gallons or approximately 7 acre-feet per year. It should be noted that these demand figures do not reflect the substantial reduction in demand likely to result from adherence to state and local water conservation regulations and ordinances. Therefore, the estimated daily water demand should be considered conservative. A water -efficient landscape palette has been developed in consultation with City staff and is comprised primarily of native desert and other drought -tolerant materials and should limit water demand. The proposed project will meet the requirements of the City's water -conserving landscaping ordinance. The project will not interfere with groundwater recharge, and the project will not violate any water quality standards or waste discharge requirements. The project's long-term demand for water resources is expected to be less than significant, and the implementation of water conservation standards will reduce potential impacts to less than significant levels. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. 3 American Water Works Association, estimates of Commercial and Residential End Uses of Water #241(b). 4 Project #241B, Commercial and Industrial End Uses of Water, AWWARF, Summer 2000. -25- 52256320 Terra Nova/City of Palm Desert VONS Retail Center (a, Warine Plaza CEQA Initial Studv/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: X a) Physically divide an established community? X b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? Sources: Palm Desert General Plan, and Palm Desert Zoning Ordinance; Development plans and surrounding land use analysis, 2010. Findings of Fact: The proposed project is located within an existing commercial retail center that provides approximately 190,394 square feet of gross leasable space. The subject lands are designated C- R (Regional Commercial) on the City General Plan land use map. The site is also located along two major roadways, State Highway I I I 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 existing loading dock is located on the north side of this 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. Over the past decade, supermarkets have sought to locate in larger buildings and to occupy more square footage. This strategic move has been a response to an increasingly competitive market and the need for enhanced economies of scale that cannot be as easily realized in smaller stores. As a result, supermarkets have closed smaller and less strategically located stores in favor of larger stores that allow the provision of a greater scope and selection of consumer products, as well as providing space for pharmacies, banking and other services. -26- 5225632v3 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 The proposed VONS at Waring Plaza would provide 57,143 square feet and 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. It would also provide three additional retail commercial spaces of 16,379 square feet, 3,080 square feet and 2,031 square feet. These spaces are expected to be occupied by general retail outlets. The subject building is currently vacant, which may be 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. Economic and Social Effects The proposed actions was also analysed within the context of Section 15131 (Economic and Social Effects) of the CEQA Guidelines, specially as the action may relate to the closing of the existing VONS within the Palms to Pines shopping center. A field visit was conducted on this center, which is approximately 90% occupied, with a few vacancies on the extreme west end along El Paseo and elsewhere in the center. While the closing of the VONS in this center may somewhat reduce foot traffic, other uses, including banks, restaurants, gyms, spas and other users are expected to maintain string levels of foot traffic. It should also be noted that a supermarket would not necessarily be the initial destination at such a center. Rather, assuming the purchase of perishable goods, a supermarket would most likely be the last stop within such a center. It should also be noted that the conditions of improvements at this center are quite marketable and another, properly sized specialty store, including specialty grocery outlets, could be located at the current VONS space. Based upon the physical conditions, current mix of tenants and the relatively low vacancy rate at the Palms to Pines center, the closing of the VONS at this location is not expected to have significant adverse impacts as defined by Section 15131 of the CEQA Guidelines. The proposed VONS would not significantly alter the subject building but will make minor modifications to the front (south) elevation facing Fred Waring Drive, including a six-foot addition to the existing tower located at the southwest corner of this building. As noted above, the existing loading dock is located on the north side of the building and includes a "well" that slopes to joint the bed of delivery trucks with the receiving bed of the loading dock. Loading Dock and Deliveries 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 via an 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. There are six homes located along Cactus Drive that could be impacted by noise and possibly security lighting associated with the loading dock. It should be noted that the front of these homes face the direction of the VONS site and are separated by a street. It should also be noted that security lighting on the subject property is building and wall -mounted and well shielded. To the east are also single-family homes located off of Joshua Road and taking access from short perpendicular roads and from the aforementioned Cactus Drive (see aerial of subject site and surrounding lands). Up to -27- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 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 8-foot masonry wall. The project is not located within a Conservation Area designated by the Coachella Valley MSHCP (and associated NCCP). The subject property was fully disturbed prior to 1996 and is therefore not subject to the payment of the development impact fee established by the MSHCP. General Plan Land Use Policy Consistency The following discussions provide an analysis of relevant General Plan Land Use Element goals and policies, and the degree to which the proposed project is consistent with them. Each goal and policy is verbatim from the General Plan and is in Italics. General Land Use Goals and Policies The following overarching goals and policies are taken from the beginning of the City General Plan Land Use Element. The relevance of these is briefly discussed below. Goal 2 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 palm as 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 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 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. -28- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 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 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 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 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. Commercial Land Use Goals and Policies GOAL I 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. -29- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 GOAL 2 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. Zoning Ordinance Consistency The proposed text amendment to the PC-3 zone updates and modernizes this portion of the City Zoning Ordinance, adapting to the evolving needs of the neighborhood commercial and, more specifically, the supermarket market. While there will continue to be a place for the specialty neighborhood -oriented markets, including such businesses as Bristol Farms, Trader Joe's and Jensens', such supermarkets as VONS provide a scale, affordability and diversity of consumer products that is especially appropriate at this location. Larger supermarkets are also needed to compete with and complement the big -box discount centers that have recently ventured into groceries and produce, but which are not conveniently located to nearby residents, especially those of more modest means. By increasing the maximum allowable size of supermarkets to 70,000 square feet, the City will be able to better serve its residents and assure that these businesses can compete in coming years. Summary of Impacts 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, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. 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. Surrounding residential development is generally internally oriented, with walls and entrances being located along local roads. In consideration of the whole, the development of this project will have no significant adverse impacts to existing land uses and planning. The proposed project will not make a significant cumulative contribution to land use incompatibilities, and no mitigation measures are required. Also, please see the evaluation of potential traffic and noise impacts in this IS/MND. Mitigation Measures No mitigation measures required. Mitigation Monitoring and Reporting No mitigation monitoring or reporting required. -30- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: X a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Sources: Palm Desert General Plan and Environmental Impact Report; and Riverside County General Plan and Environmental Impact Report; Mineral Land Classification: Aggregate Materials in the Palm Springs Production -Consumption Region, prepared by the California Department of Conservation Division of Mines and Geology, 1988. Findings of Fact: Aggregate resources in the Coachella Valley were evaluated by the California Department of Conservation, Division of Mines and Geology (DMG), now known as the California Geological Survey, (CGS) in a 1988 report entitled, "Aggregate Land Classification; Aggregate Materials in the Palm Springs Production -Consumption Region."' The proposed VONS site is located within an established urban core where extensive development has occurred. The subject site is fully developed and not available for mineral extraction. The Coachella Valley has licensed more than 300 million tons of sand and gravel mining elsewhere. The proposed project will not impact an identified mineral resource area and is located adjacent to existing and approved land uses that would be incompatible with mineral extraction operations if such activities were possible. The proposed project will have no impact on local or regional mineral resources nor will it generate any cumulative effect on mineral resources; therefore, no mitigation measures are required. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. 5 "Mineral Land Classification: Aggregate Materials in the Palm Springs Production -Consumption Region," prepared by the California Department of Conservation Division of Mines and Geology, 1988. -31- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Sources: Palm Desert General Plan and EIR; Project plans and site survey; Palm Desert Noise Control Ordinance; "VONS Palm Desert Store Project Acoustical Analysis report", prepared by HELIX Environmental Planning, Inc., November 2010; "Traffic Impact Analysis - VONS Palm Desert", prepared by Linscott, Law & Greenspan, December 2010. Findings of Fact: Noise is simply defined as unwanted sound. Excessive noise affects physical health, psychological wellbeing, social cohesion, property values and economic productivity. Development and urbanization often lead to increased levels of noise. Excessive noise levels can be undesirable and have -32- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 the potential to contribute to temporary and permanent physical impairments including, hearing loss, fatigue, stress, annoyance, and anxiety. Noise is largely line -of -sight, although sound energy can be reflected from hard surfaces and other materials. In order to prevent noise levels from becoming excessive, standards can be adopted and implemented. Also certain mitigation measures can be applied to reduce noise levels and ensure that a high quality of life is preserved in urban areas. In the present case, noise sources can be categorized as either "line sources," such as a street, or "point sources," such as a bell tower or a loading dock. The movement of sound is affected by a number of factors including temperature, wind speed and direction, ground surfaces, vegetation, and walls and buildings. Sounds can be absorbed and damped as they pass over various surfaces. For example, earth and vegetation have a noise reduction rate of about 6.0 dBA per doubling of distance whereas the noise reduction rate of asphalt and concrete is about 4.0 dBA for the same distance. The principal noise generator within the community is vehicular traffic, including automobiles, trucks, buses, and motorcycles. The level of noise produced by vehicular traffic generally varies in relation to the volume of traffic, the percentage of trucks, and average traffic speed. Sensitive noise receptors identified in the project area are limited to those residences located immediately north and east of the proposed VONS site. In addition to construction and future traffic noise, these receptors could also be subject to mechanical noise. The operation of mechanical equipment, including HVAC and especially that which is roof -mounted equipment, generates noise that can penetrate into adjacent neighborhoods and affect sensitive receptors. The constant drone produced by fans and compressors can degrade the enjoyment of the outdoors and negatively affect the quality of life for nearby residents. Existing and Long -Term Noise Environment The Waring Plaza shopping center was built in the early 1990s and has until recent years been fully occupied with a variety of uses, including apparel and general merchandise stores, restaurants and commercial service companies. The subject building was previously occupied by the Mervyn's department store and is currently vacant. The Waring Plaza center is bounded on the south by Fred Waring Drive and on the west by State Highway 111. Primary customer access to the subject building proposed for the new VONS is provided by two access drives located along Fred Waring Drive. Both provide right -in and right -out access, while the westerly most also provides an eastbound left -in via a turn pocket and median break. Vehicular traffic dominates the local noise environment. While the previously occupied Mervyn's department store is now vacant, an estimate of traffic volumes that would have been generated by this store was calculated by the project traffic engineers. Based upon standard trip generation references, including the 8th Edition of "Trip Generation" published by the Institute of Transportation Engineers (ITE), Mervyn's would have generated approximately 3,828 average daily trips (ADT) with 314 trips during the midday peak hour (157 inbound / 157 outbound) and 220 trips during the PM peak hour (110 inbound / 110 outbound).' A noise impact analysis was also prepared for the proposed VONS store', which included field measurements of existing noise levels on site and in the project vicinity. The two sites selected for "Traffic Impact Analysis - VONS Palm Desert", prepared by Linscott, Law & Greenspan, December 2010. "VONS Palm Desert Store Project Acoustical Analysis report", prepared by HELIX Environmental Planning, Inc., November 2010 -33- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 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. Based upon these field measurements, a series of hourly noise calculations were made for a 24-hour midweek period, with noise levels along Parkview Drive ranging from a low of 43.9 dBA (CNEL) between the hours of 1 and 3 AM, to 63.3 dBA (CNEL) at 4 PM. Measurements taken at the rear of the proposed VONS were measured at 42.6 dBA Leq (15 minute interval). Measurements taken on Cactus Drive north of the 9.5±-foot masonry wall were measured at 46.5 dBA Leq. These relatively low noise measurements are to be expected given the highly shielded nature of these locations. The existing commercial buildings and the 9.5±46ot masonry wall are very effective at isolating the surrounding residences from roadway traffic on the surrounding streets. Cactus Drive traffic volumes are negligible, as are related traffic noise impacts. Potential Project Impacts As set forth in the project noise study, calculations of future noise conditions were calculated based upon assumed increases in background traffic, as well those that associated with the occupation by VONS and the three additional retail tenants of the currently vacant building. Measured traffic noise (and traffic volumes) was adjusted to provide one -hour volumes from which associated noise conditions could be calculated. These calculations were then compared to noise levels monitored in the field to verify the accuracy of the modeling. Appropriate adjustments were made to account for field conditions, including hard and soft site conditions (noise reflective and absorptive conditions). Along Parkview Drive, the calculated 62.3 dBA Leq compared favorably with the field measured 63.1 dBA Leq. The impact analysis was also conducted based upon projected traffic volumes from the buildout of the new VONS and associated retail space (78,633 square feet total). Construction Noise Impacts During the remodeling of the existing building, there will be ongoing construction activity within the project site, primarily along the Fred Waring side of the building and associated with the proposed front facade renovations. Noise from the limited planned facade renovations will be short-term, and is not expected to produce significant excessive or intrusive noise levels from the demolition or re- construction phase. There is no grading and excavation associated with these renovation activities. Therefore, the demolition and construction activities associated with the VONS renovations will have a less than significant impact residents located north and east of the project site. Operational Noise Operational noise associated with the day-to-day business activities at the VONS and three general retail outlets is expected to be very limited, with the most pronounced source of noise expected to be associated with loading dock deliveries, which are discussed below. Potential noise impacts associated with non -delivery traffic is also discussed below. Roof -Mounted Mechanical Equipment: Development plans, including roof plans provided by the applicant, indicate that HVAC equipment is surrounded by a 4-foot parapet wall the top of which is at 28-feet 8-inches above grade. The roof -mounted HVAC equipment will be acoustically and visually screened by this parapet, which also serves as an architectural screen. -34- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 The applicant intends to replace some of the existing roof -mounted HVAC mechanical systems with new units to provide building HVAC. Manufacturer's data (see Appendix C of the noise study) were used to calculate the total noise impact from the HVAC systems. The unattenuated noise generated by rooftop HVAC units in continuous simultaneous operation mode would be approximately 41.0 dBA LEQ at the property line of the closest residence to the north and 39.0 dBA in the backyard of the residence adjacent the eastern fence. The aforementioned parapet surrounding these units is expected to further reduce HVCA noise levels at the surrounding property lines. Therefore, potential impacts to surrounding sensitive receptors from roof -mounted mechanical equipment will be less than significant. Trash Compactors: In addition to the aforementioned loading dock, a hydraulic trash compactor is also located at the rear portion of the proposed VONS building. This piece of equipment is located against the building projection and at an elevation that is approximately 4-feet below the grade of the adjoining service road (see Photo Survey). The compactor is also screened by a solid masonry wall, which is approximately 11-feet high adjacent to the compactor and 7-feet high on the service road side. The compactor operating cycle runs for approximately one minute. According to the noise analysis prepared for this project, it is uncommon for facilities similar for the proposed project to run trash compactors more than once per hour, and such a rate of operation was assumed for the analysis. While these units can generate relatively high intermittent noise levels, the noise generated by these compactor in operation for 1-minute out of the hour would be lower than 28.0 dBA LEQ at the north boundary wall and 3.0 dBA in the backyard of the residence along eastern wall. Loading Dock Operations: 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. There are three sources of noise associated with delivery trucks and dock operations, including tractor engine noise, on -board diesel -operated refrigeration units, and beeping vehicle backup alarms. The analysis conducted for this project assumes 5 mph truck speeds and two deliveries per hour (worst case) during those periods of the day when deliveries are permitted. The noise study indicates that the noise from the truck exhaust will be approximately 41.0 dBA Leq at the residential property line to the north and 40.0 dBA in the backyard of the residence adjacent to the east property line. The project noise study also states that the typical tractor backup alarm generates a noise level of 109.7 dBA at 4-feet and at a single frequency of 1,000 Hertz (1 KHz). The noise from a backup alarm was modeled assuming the alarm is mounted 3-feet or less in height on the tractor that is traveling at 5 mph. As with the exhaust noise analysis, two tractor deliveries per hour are assumed. This results in a noise level of 36.9 dBA Leq at the property line to the north and 34.7 dBA in the backyard of the residence adjacent the eastern wall. According to the noise study prepared for this project, each delivery truck is expected to be equipped with a diesel -operated refrigeration unit. These units can generate significant noise levels that range from approximately 30 dB at lower frequencies to 75 dB in the 200 to 1200 hertz range.' http://www.hse.gov.uk/noise/casestudies/refrigeration.htm -35- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 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 discussion below. Traffic Noise Impacts: The traffic study prepared for this project evaluated the change in trip generation that would be realized by the location of the VONS and the re -occupation of the remaining space in the subject building. The traffic impacts associated with this project are discussed in greater detail below. When compared with the original Mervyn's and the traffic volumes that would be expected to be associated with that use, the proposed VONS project is projected to generate a net increase of 2,748 additional average daily trips (ADT). For purposes of this noise analysis, it is conservatively assumed that 100% of these trips will enter and exit the site from the two driveway located on Fred Waring Drive. It should be noted that at this approximate location along Fred Waring Drive the City General Plan projects traffic volumes of 24,471 ADT. The noise impact analysis prepared for the City General provides projected noise contours along major City roadways, including Fred Waring Drive west of Monterey Avenue. At General Plan buildout, a 71.8 dBA CNEL noise contour is projected at 100-feet from the roadway centerline, and the 65 dBA CNEL contour is projected to occur 282-feet from the roadway centerline. The distance to the nearest residential lot located along Fred Waring Drive and adjacent to the project site is approximately 312- feet. In conjunction with the existing 6-foot masonry wall located on the south side of the drive serving these homes, which can further reduce traffic noise by an additional 7.5 dBA, the noise level at this home is expected to be below 60 dBA CNEL at the property line. The existing home at the northwest corner of the Palm Valley Channel and Fred Waring Drive is buffered from the roadway by a 7+46ot masonry wall and the 20% of projected net additional traffic totaling approximately 550 ADT will also not be significantly impacted by future traffic on Fred Waring Drive. Therefore, the conservatively estimated incremental increase in traffic along Fred Waring Drive will have a less than significant impact on nearby residences. Noise Regulation and Impact SummarX The City has established community -wide noise standards that emphasize the value of an acceptable noise environment and are intended to regulate excessive noise from existing uses and associated activities. They are also meant to serve as a guide for identifying other pertinent noise regulations so as to direct the location of potential noise generators and sensitive land uses. The regulations for noise measurement and monitoring, as well as special provisions and exemptions, are set forth in the City's Noise Control Ordinance as part of the Palm Desert Municipal Code.9 By conforming to the City Noise Ordinance and the mitigation measures set forth below, 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. The following measures should be implemented to assure that noise impacts are kept at less than significant levels. 9 "Noise Element the City of Palm Desert Draft General Plan," prepared by City of Palm Desert and Terra Nova Planning & Research, Inc., 2003. -36- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Mitigation Measures In order to assure the limitation of potential noise impacts from the proposed development, the following mitigation measures shall be implemented: Construction Noise 1. 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. 2. All operations shall comply with the City Noise Ordinance. 3. 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. 4. All construction -related activities that could result in high noise levels should be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No construction should be allowed on Sundays or public holidays, except in cases of emergency. 5. 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. 6. To the extent practicable, the construction contractor and City shall limit haul truck arrivals and departures to the same hours specified for construction equipment, and haul routes shall limit passing sensitive land uses or residential dwellings to the greatest extent feasible. On -Site Operational and Stationary Noise 7. 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; 8. 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; 9. 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; -37- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 10. As set forth in the project noise impact analysis, the original (1991) Condition 17c shall be modified as follows: All truck engines will be immediately shutdown when the truck is parked at the loading dock; 11. As set forth in the project noise impact analysis, the original (1991) Condition 17m shall be modified as follows: 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; 12. 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. 13. As applicable, the City shall continue to require compliance with and enforce the other original (1991) Conditions of Approval 17a through item 17o as detailed in the original facilities operating conditions in the project's original approval. Mitigation Monitoring and Reporting Program Pre -Construction A. 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. Responsible Agencies: City Building and Safety Department, City Planning Department, and the City Engineer. C. Designate acceptable truck/construction equipment route(s), as appropriate. Responsible Parties: Public Works Department During Construction D. Ensure functional mufflers are installed on all construction equipment. Responsible Parties: Project Proponent, General Contractors, Building and Safety Department, Code Enforcement. E. Ensure designated truck routes are being utilized. Responsible Parties: General contractor, Building and Safety Department, Code Enforcement. F. Ensure construction equipment operates only during those hours designated by the City Noise Ordinance, except in emergencies. Responsible Parties: Project Developers, General Contractors, Building and Safety Department, Code Enforcement. -38- 52256320 Terra Nova/City of Palm Desert VONS Retail Center c@ Waring Plaza CEQA Initial Study/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: X a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Sources: Project description and exhibits, and Palm Desert General Plan and Draft Environmental Impact Report. Findings of Fact: The proposed project is consistent with the General Plan Land Use Element and associated designations for the property. The project will result in allowing the VONS supermarket to occupy the subject building. The proposed action will also modify the allowable size of supermarkets in the PC-3 zone from 50,000 to 70,000 square feet. The current (200910) household size for the City of Palm Desert is 2.156 persons, and the project will not affect the City's. The proposed project will not have a direct effect on the loss or construction of housing or on changes in population in the City or area. The project will potentially result in a substantial increase in retails sales activity within the City, but will not significantly induce growth or displace an existing community. Additional job opportunities will be provided beyond those under existing conditions, especially in the retail commercial industry. The project will have neither direct nor indirect effects on housing or population. The Project will not induce substantial population growth or displace an existing community. Therefore, no mitigation measures are required. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. 10 Department of Finance, Table 2: E-5 City/County Population and Housing Estimates, 1/l/2009. -39- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial X adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perform- ance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Sources: Palm Desert General Plan and Environmental Impact Report. Findings of Fact: Although the subject building is currently vacant, it has heretofore been occupied thereby generating a demand for a full range of public services and facilities. City fire and police services are based on target population ratios, and the City has a well -staffed police force and fire department provided under contract from the County Sheriff's Department and Cal Fire, respectively. The subject building is located within the urban core of the City and is well within 5-minute response times for fire and police. Existing fire and police protective services are expected to be sufficient to meet the needs of the proposed VONS and associated additional retail outlets. The project will not increase calls for service to the project area. No new school impact fees will be levied. The proposed project will not increase demand for City parks, open space areas or trails in the City or vicinity. The proposed project will not result in any cumulatively significant impacts to public services or facilities. The project is not expected to generate a significant demand for parks, libraries, or recreational facilities. Buildout of the project is not expected to have a significant adverse impact on public services or facilities. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -40- 52256320 Terra Nova/City of Palm Desert VONS Retail Center a Waring Plaza CEQA Initial Study/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- X a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Sources: Project description/site plans; and Palm Desert General Plan and Environmental Impact Report. Findings of Fact: The City of Palm Desert's 15-park system features amenities such as public art, community gardens, dog parks, a rose garden, an amphitheater, a variety of trail systems, playgrounds, and sports facilities. Several of these City recreational amenities are located within walking or biking distance of the proposed development. The proposed project does not result in any new demand for City recreational facilities. It will not increase the use of any existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. Neither will the proposed project include any recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -41- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic, which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency X access? f) Result in inadequate parking capacity? X g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Sources: Palm Desert Zoning Ordinance, Palm Desert General Plan and EIR, 2004; "Traffic Impact Analysis - VONS Palm Desert", prepared by Linscott, Law & Greenspan, December 2010. ERA 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Findings of Fact: A Traffic Impact Analysis was prepared for this project." Roadways potentially affected by the proposed development are limited to the existing Fred Waring Drive and Highway 111. The City General Plan identified traffic volumes on the subject segment of Fred Waring Drive to be approximately 15,700, with General Plan buildout volumes projected to reach approximately 24,471 ADT (2020). The City General Plan also identified traffic volumes on the subject segment of Highway 111 to be approximately 36,700, with General Plan buildout volumes projected to reach approximately 40,966 ADT (2020). The project traffic study evaluated existing and future conditions at 12 intersections, including those along Highway 111, Parkview Drive and Fred Waring Drive serving the Waring Plaza development; these are discussed in the project traffic report. Three major roadways were analysed for this project, including Highway 111, Fred Waring Drive and Parkview Drive. Each is briefly described as follows: Highway 111 is classified as a Major Arterial in the Palm Desert Circulation Element. Highway 111 is currently constructed as a six -lane divided roadway within the project vicinity. The posted speed limit is 45 mph, curbside parking is generally not allowed and bus stops are provided intermittently. No bike lanes are provided. Fred Warin2 Drive is classified as an Arterial Roadway in the Palm Desert Circulation Element. Fred Waring Drive is currently constructed as a six -lane divided roadway within the project vicinity. The posted speed limit is 45 mph and curbside parking is generally not allowed. Bus stops and bike lanes are not provided. Parkview Drive is classified as a Secondary Street in the Palm Desert Circulation Element. Parkview Drive is currently constructed as a two-lane undivided roadway with a two -way -left -turn lane within the project vicinity. The posted speed limit is 45 mph, curbside parking is generally not allowed and bus stops are not provided. Bike lanes are provided along Parkview Drive. All of the potentially affected roadway segments and intersections are currently operating at acceptable levels of service, these intersections will operate at acceptable levels of service with the implementation of planned improvements. Existing; Levels of Service The primary analysis of existing conditions for the proposed VONS project involved the assessment of study area intersections using the methodologies described in the project traffic study, which was developed in close coordination with the City Traffic Engineer. It should be noted that, since existing counts were conducted after the existing Mervyn's had closed and the trip generation accounts for the removal of Mervyn's trips, the trips which were previously generated by Mervyn's were added to the traffic counts to form the baseline existing traffic volumes. Peak hour intersection operations were analysed for 15 separate intersections, including those serving Waring Plaza. As indicated in Table XV-1 below, all existing intersections are currently operating at Level of Service (LOS) C during the midday (MID) and PM peak hours, except Highway 111 at Bob Hope Drive in Rancho Mirage, Highway 111 at Fred Waring Drive (LOS D during PM peak hour), Fred Waring Drive at Monterey Avenue (LOS D during the midday and PM peak hours), and Highway 111 at Town Center Drive/El Pasco (LOS D during the midday and PM peak hours). "Traffic Impact Analysis -VON S Palm Desert", prepared by Linscott, Law & Greenspan, December 2010. -43- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 TABLE XV-1 EXISTING INTERSECTION OPERATIONS Intersection Control Peak Existing Type Hour Delaya LOSb 1. Highway 111 / Bob Hope Drive Signal MID 20.7 C PM 38.0 D 2. Highway 111 / Magnesia Falls Drive Signal MID 21.1 C PM 20.8 C 3. Joshua Road / Magnesia Falls Drive AWSCc MID 7.3 A PM 7.1 A 4. Highway 111 / Parkview Drive Signal MID 20.8 C PM 22.6 C 5. Parkview Drive / Project Driveway #1 OWSCC MID 13.1 B PM 11.6 B 6. Parkview Drive / Project Driveway 92 OWSCC MID 10.2 B 7. Parkview Drive / Joshua Road TW SCE 8. Monterey Avenue / Parkview Drive Signal 9. Highway I I I / Project Driveway #3 OWSCC 10. Highway I I I / Fred Waring Drive Signal 11. Fred Waring Drive/Project Drway #4 OWSCc 12. Fred Waring Drive/Project Drway #5 OWSC,� 13. Fred Waring Dr/Town Center Way Signal 14. Fred Waring Dr/ Monterey Ave Signal 15. Hwy III/Town Center Way/El Paseo Signal PM 10.1 B MID 11.2 B PM 10.9 B MID 28.6 C PM 29.6 C MID 9.5 A PM 9.5 A MID 28.2 C PM 49.9 D MID 9 A PM 8.8 A MID 8.8 A PM 8.7 A MID 30.4 C PM 31.9 C MID 35.2 D PM 35.4 D MID 36.3 D PM 37.5 D Project Impacts The Waring Plaza shopping center was built in the early 1990s and has until recent years been fully occupied with a variety of uses, including apparel and general merchandise stores, restaurants and commercial service companies. The subject building was previously occupied by the Mervyn's department store and is currently vacant. The Waring Plaza center is bounded on the south by Fred Waring Drive and on the west by State Highway 111. Primary customer access to the subject building proposed for the new VONS and associated retail outlets is provided by two access drives located along Fred Waring Drive. Both provide right -in and right -out access, while the westerly most drive also provides an eastbound left -in via a turn pocket and median break. Vehicular traffic dominates the local noise environment. -44- 52256320 Terra Nova/City of Palm Desert VONS Retail Center aw Warin2 Plaza CEOA Initial Studv/Revised 12.20.10 Trip Generation While the previously occupied Mervyn's department store is now vacant, an estimate of traffic volumes that would have been generated by this store was calculated by the project traffic engineers. Based upon standard trip generation references, including the 8th Edition of "Trip Generation" published by the Institute of Transportation Engineers (ITE), Mervyn's would have generated approximately 3,828 average daily trips (ADT) with 314 trips during the midday peak hour (157 inbound / 157 outbound) and 220 trips during the PM peak hour (110 inbound / 110 outbound). The traffic study prepared for this project evaluated the change in trip generation that would be realized by the location of the VONS and the re -occupation of the remaining space in the subject building. The traffic projected to be generated by the proposed project was estimated assuming a mix of Supermarket, Specialty Retail Center and Restaurant (High Turnover) trip rates taken from the ITE Trip Generation manual. To accurately estimate trips generated by the retail and restaurant components of the project, "pass -by" reductions were applied to the gross project -generated trips. This appropriate weighting accounts for instances when the total number of trips generated by a retail development is different from the amount of new traffic added to the external street system serving the project. Retail -oriented sites attract a portion of their trips from traffic passing by the site (i.e. traffic already on the street system) on the way from an origin to an ultimate destination. These trips are not new traffic to the surrounding street system. Based upon this analysis, when compared with the original Mervyn's and the traffic volumes that would be expected to be associated with that use, the proposed VONS project is projected to generate a net increase of 2,748 average daily trips (ADT). Trip Distribution and Assignment An assessment of likely trip distribution and assignments has been conducted for this project. It the case of the proposed VONS project, trip distribution is relatively straightforward and is affected by the project's location of two major roadways, the distribution of the market area the project serves, and the area -wide roadway network and traffic patterns. Trip assignments are also affected by similar issues, as well as the location of the store and access drives. The other stores in the Waring Plaza center and the location of other supermarkets in the area are also important considerations. Trip assignments were reviewed by the City traffic engineer and found acceptable. Traffic into and out of the project, including restricted turning movements (right -in and right -out only) for the two access drives located on Fred Waring Drive were also considered. These restricted driveways necessitates the eastbound shopping center patrons to make U-turns at surrounding intersections, especially at Highway 111 and Fred Waring Drive, or alter their routes in order to accommodate preferred travel patterns. Access into and out of the shopping center is not proposed to be changed. Approximately 15% of the proposed project's traffic is assumed to be local in nature, that is from neighborhoods in the immediate vicinity of the project. Approximately 18% is assumed to originate from Rancho Mirage via Highway 111, with 11% originating from Monterey Avenue north of Fred Waring Drive and about 9% originating from Fred Waring Drive west of Monterey Avenue. Another 14% is expected to originate from residences to the south via Highway 111. -45- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Intersection Impacts Intersections are the most constrained portion of the roadway system and, as with the existing conditions analysis, the potential roadway impacts from the proposed VONS project are evaluated for their effects at local intersections. Peak hour intersection operations are analysed for opening day. The delay increases caused by the addition of project traffic are relatively low. The intersection of Highway 111 / Parkview Drive will see the greatest increase in delay due to project traffic, with an increase of 5.2 seconds. However, this intersection continues to operate an acceptable LOS C with the addition of project traffic. With the addition of project traffic at all intersections will meet the City's LOS C goal during the midday and PM peak hours, except for the following: • Highway 111 / Bob Hope Drive (LOS D during the PM peak hour) • Highway 111 / Fred Waring Drive (LOS D during the PM peak hour) • Fred Waring Drive / Town Center Way (LOS D during the PM peak hour) • Fred Waring Drive / Monterey Avenue (LOS D during the midday and PM peak hours) • Hwy 111/ Center Way/El Paseo (LOS D during the midday and PM peak hours) The VONS project traffic report also evaluated the project's potential impacts for the Year 2015 along with cumulative projects listed in the traffic report. These included the expansion of the Gardens on El Paseo, San Pablo Village, El Paseo Hotel project, Monterey Properties project (Monterey Avenue and Town Center Drive), the Prest/Vuksic project at the same location and the Santa Rosa Way project. Based upon this analysis, with the addition of project traffic all intersections are calculated to meet the City's LOS C goal during the midday and PM peak hours except the following: • Highway 111 / Bob Hope Drive (LOS D during the PM peak hour) • Highway 111 / Parkview Drive (LOS D during the PM peak hour) • Fred Waring Drive / Town Center Way (LOS D during the PM peak hour) • Fred Waring Drive / Monterey Avenue (LOS D during the PM peak hour) • Highway 111 / Town Center Way / El Pasco (LOS D during the midday and PM peak hours) Project Access Impacts As assessment of the project's potential impacts on access drives serviung Waring Plaza was also conducted. Waring Plaza is currently served by a total of five vehicular access points with two on Parkview Drive, one on Highway I I I and two on Fred Waring Way. The access points on Highway 111 and Fred Waring Drive provide only right in/right out access. The westerly most Fred Waring Drive access point also allows eastbound left turn entry but, as noted, outbound left turns are prohibited. These restricted driveways necessitate the need for shopping center patrons to make U-turns at surrounding intersections or alter their routes in order to accommodate preferred travel patterns. The project does not propose any changes to the existing access points. The critical movements at all project driveways are calculated to operate at LOS C or better. Impact Summary Based upon the traffic impact analysis prepared for this project and review by the City Traffic 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. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -46- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS Would the project: X a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g) Comply with federal, state, & local solid waste statutes and regulations? -47- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Sources: Project description and application materials; Palm Desert General Plan and Draft Environmental Impact Report; Coachella Valley Water Management Plan and associated Final EIR, Coachella Valley Water District, Adopted October 2002. Findings of Fact: Domestic Water Service Coachella Valley Water District (CVWD) currently provides potable water to the subject property via the existing water supply system. CVWD utilizes deep wells to extract groundwater from the Whitewater River Subbasin. CVWD's domestic water system, which serves the City, includes 50 wells with an average depth of 900 feet. CVWD also has a total of 27 reservoirs serving the City, with an average capacity of 1.8 million gallons each. Some of these reservoirs may also serve pressure zones, which extend beyond the City. The largest (i.e., main or trunk) water lines are generally located along section lines, with smaller lines branching into individual sections. Non -potable water is now being delivered to portions of the City and area from the Coachella Valley Branch of the All -American Canal. In the immediate project vicinity, CVWD has a wide range of main and distribution lines serving the subject property and surrounding development, including a 12-inch water line adjacent to the site that is expected to more than suffice to deliver required water flows to the proposed development. Water Demand Water demand for commercial land uses was calculated using the appropriate American Water Works Association water demand factor12. For hotel, commercial, and office land uses the AWWARF figures offer a low and high estimate for each projected demand. In order to be consistent the low and high estimates for the commercial use factors were averaged and the resultant values were used. The potable water demand factor 0.08 gallons per square foot per day for commercial space (30.5 gallons per year per square foot) was used to calculate potential water demand for this project. Square footages were then multiplied by the average per square foot AWWARF water demand factor in order to quantify the total potable water demand expected to be generated by the project.13 Based upon this analysis, project demand will total approximately 6,291 gallons per day or 2,296,215 gallons or approximately 7 acre-feet per year. It should be noted that these demand figures do not reflect the substantial reduction in demand likely to result from adherence to state and local water conservation regulations and ordinances. Therefore, the estimated daily water demand should be considered conservative. A water -efficient landscape palette has been developed in consultation with City staff and is comprised primarily of native desert and other drought -tolerant materials and should limit water demand. The proposed project will meet the requirements of the City's water -conserving landscaping ordinance. The project will not interfere with groundwater recharge, and the project will not violate any water quality standards or waste discharge requirements. The project's long-term demand for water resources is expected to be less than significant, and the implementation of water conservation standards will reduce potential impacts to less than significant levels. 12 American Water Works Association, estimates of Commercial and Residential End Uses of Water #241(b). 13 Project #241 B, Commercial and Industrial End Uses of Water, AWWARF, Summer 2000. -48- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Wastewater Collection and Treatment Wastewater collection and treatment services are provided by the CVWD. Wastewater is conveyed through sewer trunk lines generally ranging in size from 4 to 24 inches, relying primarily on gravity flow. Effluent from the area is conveyed to CVWD's Cook Street treatment plant (Water Reclamation Plant No. 10), which has a current capacity of 18 million gallons per day. CVWD continually increases the capacity of its plants by constructing new treatment ponds, aeration plants and other structures. This plant also has tertiary treatment facilities with a capacity of more than 10 million gallons per day, which generates reclaimed water for use on local golf courses and public landscape areas. Compared to previous uses in the subject building, the proposed project will result in a modest and less than significant incremental increase in demand on existing wastewater collection and treatment facilities. Retail and supermarket uses generate wastewater flows that average about 80% of total water use,14 which yields a project wastewater discharge of less than 6,291 gallons per day. Drainage Facilities The project site is located within City Drainage Area 113, which is bounded on the east by the Palm Valley Channel and on the west by the City limits. The northern boundary is Park View Drive, which also forms the north boundary of the Waring Plaza development within which the project site is located. This area consists of relatively flat terrain in the north and hillside in the south. Two systems have been designed for this region. The Joshua Road storm drain (Line 1 B-1) conveys runoff in the Joshua Road area to the Palm Valley Channel. The second storm drain system carries flows from Painters Path to Fred Waring Drive. This system heads east on Fred Waring Drive and terminates in the Palm Valley Channel. Both of these systems are adequate to convey the 25-year storm to the Palm Valley Channel and will relieve these areas of the troublesome runoff. Local Water Supplies The Coachella Valley, although located in one of the driest regions of the country, has a substantial subsurface groundwater basin. The charging of the underground aquifer has occurred over millions of years and has accumulated over time primarily by local water runoff from surrounding mountains. The geology of the Coachella Valley has created a deep spreading zone with several thousand feet of sediment that have created the groundwater storage basin. The groundwater basin in the Coachella Valley is a northwest -southeast trending sub -surface aquifer, which generally extends from the Whitewater River in the northwest to the Salton Sea in the southeast. The Whitewater River Subbasin encompasses approximately 400 square miles and is bounded on the north by the Garnet Hill Fault, on the east by the San Andreas Fault, and on the south by the San Jacinto and Santa Rosa Mountains. The Subbasin is expected to contain about 28,800,000 acre-feet of groundwater within the first 1,000 feet below the ground surface.15It should also be noted that CVWD is a contractor with the State Water Project (SWP) and receives annual deliveries of Colorado River water in exchange for its contracted amount of SWP water. CVWD is also part to the party to the Quantitative Supply Agreement (QSA), which assures up to 459,000 acre-feet per year to CVWD. Based upon an assessment of existing water supplies, it is determined that there are sufficient water supplies available to serve the project from existing entitlements and resources without the need for new or expanded entitlements needed. Therefore, the proposed development will have a less than significant impact on local or regional water resources. 14 "Environmental Impact Analysis Handbook," prepared by John G. Rau and David C. Wooten, 1980. 15 Coachella Valley Water Management Plan and State Water Project Entitlement Transfer, Coachella Valley Water District, Adopted October 2002; and associated Final EIR (SCH#s: 20000031027 & 1999041032). -49- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Community Waste Collection and Landfill Capacity The proposed VONS and associated retail outlets are expected to generate a level of solid waste comparable to what would be expected from other permitted uses on these lands. Supermarkets and related uses are projected to generate one pound of solid waste per customer per day or 17 pounds per employee per day. Based on assumed levels of solid waste generation the proposed project will generate approximately 2,052 pounds of solid waste per day. The proposed project will be served by the City's solid waste hauler, Burrtec Waste and Recycling Services, which currently hauls the City's waste to the Edom Hill transfer station. From there, waste is transported to one of several regional landfills, including the Lambs Canyon, Badlands and El Sobrante landfills. These landfills have sufficient capacity to accommodate the proposed project. Through the City development review and approval process, it is expected that the proposed development will comply with all applicable federal, state, & local solid waste statutes and regulations. Summary of Impacts The proposed development is expected to have a less than significant impact on water supplies and service, wastewater facilities, drainage facilities, landfills or other utilities and services. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. 51111 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage X of long-term environmental goals? c) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively consider- able" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental X effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Sources: Project Description, and Palm Desert General Plan and Draft Environmental Impact Report. Findings of Fact: The subject property has been completely disturbed and developed. The proposed VONS relocation and occupation of additional space by other retail outlets does not have the potential to significantly degrade the quality of the environment. The project will not have a significant impact on sensitive wildlife or habitat, or impact important historic or cultural resources, since neither occurs on site or within an area of potential affect. By intensifying the use of the subject property, the project enhances the use of limited land and other resources in a more efficient manner. No significant cumulative impacts have been found to be associated with this project, and no mitigation is required. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -51- 52256320 Terra Nova/City of Palm Desert VONS Retail Center @ Waring Plaza CEQA Initial Study/Revised 12.20.10 List of Exhibits A. Vicinity Map B. Aerial View -High Altitude C. Aerial View -Low Altitude D. Project Site Plan E. Building Roof Plan F. Building Elevations G. Photo Survey Technical Appendices Prepared for this Environmental Assessment A. Building/Site Plans, Roof Plans and Elevations for the Proposed VONS Palm Desert Project, prepared by KKE Architects, 2010. B. "Air Quality Analysis for the VONS Palm Desert Remodel Project", prepared by Terra Nova Planning and Research Inc., December 14, 2010. C. "Traffic Impact Analysis - VONS Palm Desert", prepared by Linscott, Law & Greenspan, December 2010. D. "VONS Palm Desert Store Project Acoustical Analysis report", prepared by HELIX Environmental Planning, Inc., November 2010 Other Sources: A. "Palm Desert Comprehensive General Plan," prepared by General Plan Advisory Committee Community, Development Department City of Palm Desert and Terra Nova Planning and Research, Inc., adopted March 15, 2004. B. "Palm Desert Comprehensive General Plan Draft Environmental Impact Report," prepared by Terra Nova Planning and Research, Inc., 2004. C. "Palm Desert Zoning Ordinance," adopted February 25, 1999, as amended. D. "CEQA Air Quality Handbook," prepared by the South Coast Air Quality Management District, April 1993. E. "2003 Coachella Valley PM10 State Implementation Plan," prepared by Julia C. Lester, Ph.D., and Laki Tisopulos, Ph.D., August 1, 2003. F. "Final 2007 Air Quality Management Plan," prepared by South Coast Air Quality Management District, et al., adopted May 2007. G. "Riverside County General Plan" prepared by County of Riverside Transportation and Land Management Agency, adopted October 2003. H. "Riverside County General Plan Environmental Impact Report," prepared by County of Riverside Transportation and Land Management Agency, certified October 2003. -52- 52256320 1; fn -n 13 < - Acotl3tical Analysis Repott I j'j,j 4 f;,[ Novomber 18, 2010 'M 0 if) K ik, APPENDICES Letter Title A City of Palm Zoning Map B 1990 City Council Negative Declaration of Environmental Impacts C Seasons 4 HVAC Manufacturer's Noise Specifications LIST OF FIGURES Follows Number Title Page 1 Project Vicinity Map.......................................................................:...........................4 2 Aerial Photograph.......................................................................................................4 LIST OF TABLES Number Title Page 1-1 Land Use Compatibility for Palm Desert Community Noise Environments..............4 4-1 On -site Noise Measurement Conditions and Results..................................................8 4-2 Traffic Conditions.......................................................................................................8 4-3 Traffic Percentages During Measurement..................................................................9 4-4 Site Noise Monitoring.................................................................................................9 4-5 Calculated Versus Measured Traffic Noise Data......................................................10 5-1 Project Trip Generation.............................................................................................11 5-2 Opening Day Traffic.................................................................................................12 5-3 Opening Day Traffic Noise.......................................................................................12 5-4 Compactor Sound Power..........................................................................................13 5-5 Backup Alarm Sound Power.....................................................................................13 m GLOSSARY OF TERMS AND ACRONYMS A -weighted sound levels Decibels (referenced to 20 micro -Pascals) as measured with an A -weighting network of standard sound level meter; abbreviated dBA ADT Average Daily Traffic ANSI American National Standards Institute CARB California Air Resource Board City City of Palm Desert CNEL Community Noise Equivalent Level: A 24-hour average where sound levels during the evening hours of 7:00 p.m. to 10:00 p.m. have an added 5-dB weighting, and sound levels during the nighttime hours of 10:00 p.m. to 7:00 a.m. have an added 10-dB weighting; this is similar to and often used interchangeably with LDN (see below) daytime The period from 7:00 a.m. to 7:00 p.m. dB Decibel(s) dBA A -weighted sound pressure level evening The period from 7:00 p.m. to 10:00 p.m. FHWA Federal Highway Administration HNL Hourly Noise Level HVAC Heating, ventilation, and air conditioning Hz Hertz LDN Day -Night Sound Level: A 24-hour average where sound levels during the nighttime hours of 10:00 p.m. to 7:00 a.m. have an added 10-dB weighting, but no added weighting on the evening hours LrQ The equivalent sound level, or the continuous sound level, that represents the same sound energy as the varying sound levels over a specified monitoring period L; IAX The highest measured RMS sound level value (typically "slow" or 1-second interval) during the measurement time period mpA Micro -Pascal mph Miles per hour nighttime The period from 10:00 p.m. and 7:00 a.m. Noise Any audible sound that has the potential to annoy or disturb humans, or to cause an adverse psychological or physiological effect in humans noise level measurements Unless otherwise indicated, the use of A -weighted and "slow" response of instrument complying with at least Type 2 requirements of latest revision of American National Standard Institute (ANSI) S I A., Specification for Sound Level Meters proposed project Vons #3242 Palm Desert Store project RMS Root mean squared sound power The total acoustic power radiated from a given sound source as related to a reference power level SPL Sound pressure level SWL Sound power level TNM Traffic Noise Model VPDS Vons #3242 Palm Desert Store ry EXECUTIVE SUMMARY This acoustical analysis report has been prepared in accordance with the acoustical requirements of the City of Palm Desert (City). Its purpose is to assess the potential of the Vons #3242 Palm Desert Store (VPDS) project (proposed project) to act as a "noise generator" by producing noise that may adversely affect surrounding land uses, as well as assess the project as a "noise receptor" by creating land uses that may be adversely affected by surrounding noise sources (e.g., traffic). Where significant noise impacts may occur, this report identifies mitigation measures to reduce or avoid impacts. The proposed project is intended to provide a supermarket for the surrounding community. Also included in the floor plan for the VPDS is lease space for several tenant businesses. The 6.40-acre project site consists of one parcel (Assessor's Parcel Number 640020027) and is located in the western portion of the City (Figure 1). More specifically, the property is located at the northeastern corner of Fred Waring Drive (441" Street) and California I I I (Figure 2). The primary noise source in the vicinity of the project site includes automobile and truck traffic noise from Fred Waring Drive and California I I I with negligible contributions from De la Valle Place, Arroyo Rosita, and Polo Point. All other noise sources are considered to be negligible. Project -related noise would result from construction activity, as well as operational noise from increased traffic and stationary sources (such as rooftop HVAC equipment, and delivery trucks). The proposed project would not involve activities that would generate noise that could adversely affect adjacent land uses; implementation of the proposed project features will reduce project impacts to below a level of significance. Therefore, no mitigation would be required. Operation of the proposed Vons #3242 Palm Desert Store is feasible within compliance of the Palm Desert Noise Element and Noise Ordinances. However, strict attention to truck operating practices within compliance of the stated requirements is necessary to maintain this compliance. Idling trucks at the dock or waiting to get to the dock and continuous operation of truck refrigeration units with internal engine power will fail to comply with the project requirements. HELIXEnvironmental Planning Acoustical Analysis Report for the ions ,'3242 Palm Desert Store Project / November 18, 2010 ES-1 THIS PAGE INTENTIONALLY LEFT BLANK HELIX Environmental Planning Acoustical Analysis Report for the Vons #3242 Palm Desert Store Project / November 18, 2010 ES-2 1.0 INTRODUCTION This acoustical analysis report has been prepared in accordance with the acoustical requirements of the City of Palm Desert (City). Its purpose is to assess the potential of the Voris #3242 Palm Desert Store (VPDS) project (proposed project) to act as a "noise generator" by producing noise that may adversely affect surrounding land uses, as well as assess the project as a "noise receptor" by creating land uses that may be adversely affected by surrounding noise sources (e.g., traffic). Where significant noise impacts may occur, this report identifies mitigation measures to reduce or avoid impacts. 1.1 NOISE AND SOUND LEVEL DESCRIPTORS Sound can be described as the mechanical energy of a vibrating object transmitted by pressure waves through a liquid or gaseous medium (e.g., air) to a hearing receptor, such as a human ear. Noise is defined as loud, unexpected, or annoying sound. In the science of acoustics, the fundamental model consists of a sound (or noise) source, a receiver, and the propagation path between the two. The loudness of the noise source and obstructions or atmospheric factors affecting the propagation path to the receiver determine the sound level and characteristics of the noise perceived by the receiver. The field of acoustics deals primarily with the propagation and control of sound. Frequency Continuous sound can be described by frequency (pitch) and amplitude (loudness). A low - frequency sound is perceived as low in pitch. Frequency is expressed in terms of cycles per second, or Hertz (Hz) (e.g., a frequency of 250 cycles per second is referred to as 250 Hz). The audible frequency range for humans is generally between 20 Hz and 20,000 Hz. Sound Pressure Levels and Decibels The amplitude of pressure waves generated by a sound source determines the loudness of that source. Sound pressure amplitude is measured in micro -Pascals (mPa). One mPa is approximately one hundred billionth (0.00000000001) of normal atmospheric pressure. Sound pressure amplitudes for different kinds of noise environments can range from less than 100 to 100,000,000 mPa. Because of this huge range of values, sound is rarely expressed in terms of mPa. Instead, a logarithmic scale is used to describe sound pressure level (SPL) in terms of decibels (dB). The threshold of hearing for young people is about 0 dB, which corresponds to 20 mPa. Addition of Decibels Because decibels are logarithmic units, SPL cannot be added or subtracted through ordinary arithmetic. Under the decibel scale, a doubling of sound energy corresponds to a 3-dB increase. In other words, when two identical sources are each producing sound of the same loudness, the resulting sound level at a given distance would be 3 dB higher than one source at the same HELIX Environmental Planning Acoustical Analysis Report for the Vons #3242 Palm Desert Store Project / November 78, 2010 j distance. For example, if one automobile produces an SPL of 70 dB when it passes an observer, two cars passing simultaneously would not produce 140 dB; rather, they would combine to produce 73 dB. Under the decibel scale, three sources of equal loudness together produce a sound level 5 dB louder than one source. To create an overall 3 dB change in traffic noise, the traffic volume must double while maintaining the same speed. All noise -level or sound -level values presented herein are expressed in terms of decibels with A - weighting, abbreviated "dBA," to approximate the hearing sensitivity of humans. Time -averaged noise levels are expressed as "LEQ." LEQ represents an average of the sound energy occurring over a specified period. In effect, LEQ is the steady-state sound level containing the same acoustical energy as the time -varying sound that actually occurs during the same period. Unless a different time period is specified, "LEQ" implies a period of one hour. Some of the data also may be presented as octave -band -filtered and/or A -octave -band -filtered data, which are a series of sound spectra centered about each stated frequency, with half of the bandwidth above and half of the bandwidth below each stated frequency. These data are typically used for machinery noise analysis and barrier -effectiveness calculations. CNEL is a 24-hour average A -weighted hourly sound level for a given day, after addition of 5 dB to sound levels for the evening hours of 7:00 p.m. to 10:00 p.m., and 10 dB to sound levels during the nighttime hours of 10:00 p.m. to 7:00 a.m. CNEL is used to evaluate transportation noise sources. Sound levels expressed in CNEL are always based on dBA. The result of this weighting is that noise produced during the evening and nighttime hours is factored in more significantly due to its disruption of an otherwise peaceful time of the day. This is similar to the Day -Night Sound Level (LDN), which is a 24-hour average with 10-dB weighting added onto nighttime hours but no added weighting onto evening hours. These data unit metrics are used to express noise levels for both measurement and municipal noise ordinances and regulations, for land use guidelines, and enforcement of noise ordinances. No known studies have directly correlated the ability of a healthy human ear to discern specific levels of change in traffic noise over a 24-hour period. Many ordinances, however, specify a change of 3 CNEL as the significant impact threshold based on the concept of doubling the noise energy and the 3-dBA change as audible. The Federal Highway Administration (FHWA) utilizes the LMAx metric as the noise source level for construction equipment. LMAx is the highest measured RMS sound level value (typically "SLOW" or 1-second interval) during the measurement time period. Noise emission data is often provided using the industry standard format of Sound Power, which is the total acoustic power radiated from a given sound source as related to a reference power level. Sound Power differs from Sound Pressure, which measures the fluctuations in air pressure caused by the presence of sound waves, and is the format generally used to describe noise levels as heard by the receiver. Sound Pressure is the actual noise experienced by a human or registered by a sound -level instrument. When Sound Pressure is used to describe a noise source, it must specify the distance from the noise source to provide complete information. Sound Power is a HELIX nning Acoustical Analysis Report for the Vons #3242 Palm Desert Store Project /November 18, 2010 specialized analytical method to provide information without the distance requirement, but it may be used to calculate the Sound Pressure at any desired distance. 1.2 PROJECT LOCATION The 6.40-acre project site consists of one parcel (Assessor's Parcel Number 640020027) and is located in the western portion of the City (Figure 1). More specifically, the property is located at the northeastern corner of Fred Waring Drive (441h Street) and California 111 (Figure 2). The project site gently slopes toward the north. Elevations on the property range between 201 feet above mean sea level at the northeastern corner to 208 feet above mean sea level at the southwestern corner. The site is approximately rectangular and is currently developed as a department store and associated parking lot. The project site is currently zoned Planned Commercial (P.C.-(3), (SP)). According to the City of Palm Zoning Map (attached as Appendix A), the adjacent residential structures are zoned Residential Single Family (RI) Please see Appendix B for a copy of a 1990 City Council resolution approving a negative declaration of environmental impacts for the existing onsite facility. 1.3 PROJECT DESCRIPTION The proposed project is intended to provide a supermarket for the surrounding community. Also included in the floor plan for the VPDS is lease space for several tenant businesses. 1.4 SENSITIVE RECEPTORS Off -site sensitive receptors in the vicinity include single-family residences and other commercial uses. While not considered sensitive uses, impacts to nearby offices and commercial uses may be considered significant if noise exceeds the City's established thresholds described below. 1.5 APPLICABLE NOISE REGULATIONS AND STANDARDS Applicable noise standards for this project are codified in the following: City of Palm Desert Noise Element of the General Plan Within the City, the applicable limit one -hour average for outdoor noise levels in residential areas is 55dBA from 7 a.m. to 10 p.m., and 45 dBA from 10 p.m. to 7 a.m. (Ordinance 9.24.030). The standard used for maximum outdoor noise levels in residential areas in California and the City specifically is a CNEL of 65 dBA. A selection of project -relevant land use compatibility noise levels for the City is shown in Table 1-1 below. HELIX Environmental Planning Acoustical Analysis Report for the Voris #3242 Palm Desert Store Project / November 18, 20 1 o 3 Table 1-1 LAND USE COMPATABILITY FOR PALM DESERT COMMUNITY NOISE ENVIRONMENTS Land Uses CNEL (dBA 50 55 60 65 70 75 80 Residential — Single Family Dwellings A B C D Office Buildings, Business, Commercial and Professional A B D Source: Palm desert General Plan Update Noise Background Study, Urban Crossroads, 2003: and California Department of Health Services, "Guidelines for the Preparation and Content of the Noise Element of the General Plan," 1990 Notes: A Normally Acceptable: With no special noise reduction requirements assuming standard construction. B Conditionally Acceptable: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirement is made and needed noise insulation features included in the design. C Normally Unacceptable: New construction discouraged. If new construction does proceed, a detailed analysis of noise reduction requirements must be made and needed noise insulation features included in the design. D Clearly Unacceptable: New construction or development should generally not be undertaken. Noise Ordinance 9.24.030 Sound level limits. A. Regardless of whether an objective measurement by sound level meter is involved, it is unlawful for any person to make, continue, or cause to be made or continued, within the city limits any disturbing excessive or offensive noise or vibration which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area or that is plainly audible at a distance greater than fifty feet from the sources point for any purpose. The following ten-minute average sound level limits, unless otherwise specifically indicated, shall apply as indicated in the following table as it relates to a fixed noise source or pool equipment pursuant to Section 25.16.110 or leaf blowers pursuant to Section 9.24.075. HELIX Environmental Planning Acoustical Analysls Report for the Vons , `3242 Palm Desert Store Project/ November 78, 2010 4 U a� O a- Lc, w O of O v U) O � a w U) w � o J �O d N� CN N M it U) Z O �- C', LU M J w ry O N U) w w y o J Q a 04 �j N M 4t N Z O O > 7 aA 5 J� W;Ci Zone Time Applicable 10-Minute Average Decibel Limit (A -Weighted) Residential —All Zones 7 a.m. to 10 p.m. 55 10 p.m. to 7 a.m. 45 Public Institutional 7 a.m. to 10 p.m. 65 10 p.m. to 7 a.m. 55 Commercial 7 a.m. to 10 p.m. 65 10 p.m. to 7 a.m. 55 Manufacturing Industrial Agricultural 7 a.m. to 10 p.m. 70 10 p.m. to 7 a.m. 55 B. If the measured ambient noise level exceeds the applicable limit as noted in the table in subsection A of this section, the allowable average sound level shall be the ambient noise level. The ambient noise level shall be measured when the alleged noise violation sources is not operating. C. The sound level limit between two zoning districts shall be measured at the higher allowable district. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 1126A § 1, 2006; Ord. 1125 § 1, 2006; Ord. 691 § 2, 1992; Ord. 647 § 1, 1991; Ord. 420, 1985) 9.24.070 Construction activities. No person shall perform, nor shall any person be employed nor shall any person cause any other person to be employed to work for which a building permit is required by the city in any work of construction, erection, demolition, alteration, repair, addition to or improvement of any building, structure, road or improvement to realty except between the hours as set forth as follows: October 1st through April 30th onday through Friday: 7 a.m. to 5:30 p.m. Saturda : 8 a.m. to 5 p.m. Sunda one Government code holidays: None May 1st through September 30th Monday through Friday: 6 a.m. to 7 p.m. Saturday: 8 a.m. to 5 p.rn. Sunda one Government code holidays: None emergency work and/or unusual conditions may cause work to be permitted with the consent of the city manager upon recommendation of the building director or the city engineer. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 752 § 1, 1994: Ord. 420 (part), 1985) HELIXEnvironmental Planning Acoustical Analysis Report for the ions k3242 Palm Desert Store Project / November 18, 2070 2.0 ENVIRONMENTAL SETTING 2.1 SURROUNDING LAND USES The project site and surrounding areas are within the City (refer to Figure 2). Existing uses to the north and east of the project are residential development. Land uses to the west and south are commercial. 2.2 SURROUNDING ROADWAY DESCRIPTIONS Fred Waring Drive has a functional classification of a six -lane major arterial along the project frontage with three lanes in each direction, as well as frequent protected turn-offs nestled in the median. It has a posted speed limit of 45 miles per hour (mph). Towards the western end of the site, westbound Fred Waring Drive adds a right -turn lane and two left -turn lanes to accommodate traffic turning onto California t I I north and south respectively. Adjacent the project site, California I I I has three lanes in each direction with a posted 45-mph speed limit, and two left - turn lanes to accommodate traffic turning east onto Fred Waring Drive. 2.3 EXISTING NOISE ENVIRONMENT The primary noise source in the vicinity of the project site includes automobile and truck traffic noise from Fred Waring Drive and California I I I with negligible contributions from De la Valle Place, Arroyo Rosita, and Polo Point. All other noise sources are considered to be negligible. 2.4 FUTURE NOISE ENVIRONMENT The surrounding project area is completely built out. Buildout of other areas in the region, however, would lead to additional traffic on the roadways in the area. This additional traffic would generate traffic noise increases. Fred Waring Drive has an ultimate classification of six -lane major arterial. California I I I also has an ultimate classification of six -lane major arterial along the property frontage. Both roads are expected to maintain the posted 45-mph speed limit. 3.0 STUDY METHODS, EQUIPMENT, AND PROCEDURES This section discusses the methods and procedures followed for the noise study, including the selection of noise measurement and receiver locations, noise measurement procedures, and noise impact evaluation. 3.1 METHODOLOGY A "one -hour" equivalent sound level measurement (LEQ, A -weighted) was made at a representative noise -sensitive location on the site (see Figure 2). During the on -site noise measurement, start and end times were recorded, and vehicle counts were made for cars, medium HELIX Environmental Planning Acoustical Analysls Report for the Vons #3242 Palm Desert Store Project / November 18, 2070 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 (by measuring or estimating), angles -of -view, slopes, elevations, roadway grades, and vehicle speeds. 3.2 EQUIPMENT The following equipment was used at the project site to measure existing noise levels: • Larson Davis Model 831 Sound Level Meter • Larson Davis Model CA250 Calibrator The sound level meter was field -calibrated prior to and following the noise measurement to ensure accuracy. All sound level measurements conducted and presented in this report were made with a sound level meter that conforms to the American National Standards Institute specifications for sound level meters ANSI SIA-1983 (R2001). All instruments are maintained with National Bureau of Standards traceable calibrations, per the manufacturers' standards. 3.3 NOISE MODELING SOFTWARE Modeling of the non -traffic outdoor noise environment is accomplished using Computer Aided Noise Abatement (CADNA) Version 3.5, which is a model -based computer program developed by DataKustik for predicting noise impacts in a wide variety of conditions. CADNA assists in the calculation, presentation, assessment, and mitigation of noise exposure. It allows for the input of project information, such as noise source data, barriers, structures, and topography to create a detailed CAD model, and uses the most up-to-date calculation standards to predict outdoor noise impacts. 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. TNM 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, and may be used as the equivalent to CNEL with peak hour traffic of 8 to 10 percent of the average daily traffic (ADT). If peak hour traffic is projected to exceed 1,800 passenger car equivalent vehicles per hour (maximum free flow conditions) six percent of the ADT may be used to approximate the CNEL by the adding 2 to the calculated LEQ. HELIX Environmental Planning Acoustical Analysis Report for the ions #3242 Palm Desert Store Project / November 18, 2010 4.0 EXISTING NOISE ENVIRONMENT This section discusses the existing noise environment, including the site noise measurements and comparison calculations, and calculated noise level. 4.1 SITE NOISE NIEASUREMENTS AND COMPARISON CALCULATIONS As described in Section 2.3, the dominant noise source at the project site is traffic on the adjacent streets. An on -site inspection and traffic count were conducted in the afternoon of November 11, 2010. A "one -hour" equivalent measurement was made on the north side of Parkview Drive west of Joshua Rd. The microphone was placed at approximately five feet above the existing site grade. As indicated in Table 4-1, the measured noise level was 63.1 dBA LEQ. This location was at the approximate property line edge of residences along Parkview Dr (50 feet from the roadway centerline). Table 4-1 ON -SITE NOISE MEASUREMENT CONDITIONS AND RESULTS Date Wednesday, November 10, 2010 Time 2:30 p.m. — 2:45 p.m. Conditions Clear skies; winds from the west at one to two mph; temperature in the high 70s (degrees Fahrenheit with low humidity Measured Noise Level 63.1 dBA LE Traffic counts were taken during the site visit to form the basis of noise calculations made to calibrate the noise analysis. The results of these counts are shown in Table 4-2 and the calculated percentages from the count are shown in Table 4-3. Table 4-2 TRAFFIC CONDITIONS Roadway Percentage Traffic Automobiles Medium Trucks Heavy Trucks of Hour Parkview Counted 83 2 0 Drive 25.0% Hourl calculated 332 7 0 HELIX Environmental Planning Acoustical Analysis Report for the Vons #3242 Palm Desert Store Project / November 18, 2010 8 Table 4-3 TRAFFIC PERCENTAGES DURING MEASUREMENT Roadway. Total Autos Medium Heavy Count Calculated % Count Calculated % Count Calculated % Parkview Drive 85 83 97.6 2 ' 2 4 0 0 Table 4-4 provides the approximate hourly noise levels and calculated measurement location CNEL based on nonnal hourly traffic distribution. Table 4-4 SITE NOISE MONITORING (CNEL) 12:00 AM 49.9 6:00 AM 59.3 12:00 PM 62.3 6:00 PM 61.8 1:00 AM 43.9 7:00 AM 62.5 1:00 PM 62.0 7:00 PM 60.1 2:00 AM 43.9 8:00 AM 62.0 2:00 PM 62.6 8:00 PM 58.8 3:00 AM 43.9 9:00 AM 60.8 3:00 PM 62.9 9:00 PM 57.7 4:00 AM 46.9 10:00 AM 61.2 4:00 PM 63.3 10:00 PM 55.9 5:00 AM 53.9 11:00 AM 61.8 5:00 PM 63.2 11:00 PM 54.3 CNEL 63.0 23-Jan-08 LDN 63.0 Measurements were also taken in the back of the proposed Vons between the loading dock and the back wall where the measured noise level was 42.6 dBA LEQ (15-minute) and on Cactus Dr. opposite the loading dock are where the measured noise was 46.5 dBA LEQ (15-minute). 4.2 CALCULATED NOISE LEVEL TNM software Version 2.5 was used to calculate the modeled noise levels. Noise levels were calculated for the project site using the methodology described earlier based on the location, conditions, and traffic volumes presented above. For each receiver, traffic volumes counted during the short-term measurement periods were normalized (i.e., converted) to one -hour volumes. These normalized volumes were assigned to the corresponding project area roadways to simulate the noise source strength at the roadways during the actual measurement period. Modeled and measured sound levels were then compared to determine the accuracy of the model and if additional calibration of the model is necessary. Adjustments are intended to account for site -specific variances in overall reflectivity or absorption, which may not be accurately represented by the default settings in the model. The calculated (modeled) noise level for the same location along Parkview Drive was 62.6 dBA LEQ (Table 4-5). The measured noise level of 63.1 dBA LEQ along Parkview Drive was compared HELIX Emrronmentat Planning Acoustical Analysis Report for the eons #3242 Palm Desert Store Project / November 18, 2010 9 to the calculated (modeled) noise level for the same weather conditions and traffic flow. No adjustment was deemed necessary to model future noise levels for this location based on the 0.5 dB discrepancy between the measured and calculated noise levels. Table 4-5 CALCULATED VERSUS MEASURED TRAFFIC NOISE DATA Calibration Receiver Calculated Measured Difference Correction Position None Parkview Drive 62.6 dBA LEQ 63.1 dBA LEQ 0.5 dB applied 5.0 IMPACTS The impact analysis below is based on build -out traffic conditions, as the build -out conditions include the highest traffic and the worst -case noise scenario. All noise analysis for the site is based on the future build -out traffic volumes. 5.1 SIGNIFICANCE THRESHOLDS According to the City's Noise Element and Noise Ordinances, noise impacts may be significant if the project would: CONSTRUCTION Require construction outside the hours of 7 a.m. to 5:30 p.m. Monday through Friday, or 8 a.m. to 5 p.m. Saturday, between October I" and April 301h, or outside the hours of 6 a.m. to 7 p.m. Monday through Friday, and 8 a.m. to 5 p.m. Saturday, between May Is' and September 30`h. OPERATIONAL Operational noise is analyzed for both transportation noise on the basis of the 24-hour weighted CNEL and stationary noise sources by the hourly average noise level for daytime and nighttime (parking lot noise is analyzed based on the hourly average noise). Transportation Noise Expose surrounding residential areas to noise levels in excess of 65 CNEL. Stationary Noise (includes deliveries) Expose surrounding residential areas to noise levels in excess of 55 dBA LEQ between the hours of 7 a.m. to 10 p.m. and 45 dBA LEQ between 10 p.m. to 7 a.m., or adjacent commercial areas to 65 dBA LEQ between the hours of 7 a.m. to 10 p.m. and 55 dBA LEQ between 10 p.m. to 7 a.m. HELIXnnning Acoustical Analysis Report for the Vons #3242 Palm Desert Store Project / November 18, 2010 10 5.2 CONSTRUCTION NOISE IMPACTS Exterior construction for the site is minimal. There will be rooftop modifications required for the new air-conditioning systems as well as minor changes to the fascia of the building. No construction is anticipated outside the specified hours for construction. Therefore there is no impact. 5.3 OPERATIONAL NOISE IMPACTS Operational noise impacts could occur on site, as well as in the surrounding area. On -site impacts would be related to exterior noise sources (e.g., traffic) adversely affecting the nearby residents or onsite stationary sources impact nearby residents or other nearby commercial uses a discussion of these various sources follows. Traffic Impacts to On -site Land Uses The onsite land uses are all commercial and are not further considered. Impacts to Off -site Land Uses Traffic noise will be analyzed only for Parkview Dr., as no other street has residences in the immediate area of the proposed project. Expected traffic volumes are depicted in Table 5-1. Table 5-1 PROJECT TRIP GENERATION Land Use Daily AM Peak Hour PM Peak Hour Total In Out Total In Out Vons Total 2,748 101 57 44 195 103 92 '30urce Lmscott Law & Greenspan Vons, Palm Desert, California, November 4, 2010 Table 5-2 provides the opening day traffic for Parkview Dr. between Joshua Road and Monterey Avenue (area with residences) project only, without the project, and with project. "LlIx Environmental Pranning Acoustical Analysis Report for the Vons #3242 Palm Desert Store project/ November 18, 2010 Table 5-2 OPENING DAY TRAFFIC Road / Segment Project Traffic No Project Traffic + Project Traffic am m am pm am pm Parkview Drive Joshua Rd to MontereyAve 25 51 491 448 1 516 499 Table 5-3 OPENING DAY TRAFFIC NOISE Road / Segment Change in Residential Noise Due to Project am pm Parkview Drive Joshua Rd to Monterey Ave 0.2 dBA 0.4 dBA A change of 0.4 dBA at during the peak hour project traffic is not audible and should not increase the overall level of traffic noise at any outdoor usable space location on any of the residences along Parkview Drive to exceed 65 CNEL. Therefore there would be no impact. Stationary Noise (includes deliveries) HVAC Equipment The facilities will utilize new Seasons 4 HVAC units to provide building HVAC. These units will replace some of the existing rooftop systems. The manufacturer's data for the Seasons 4 units is provided as Appendix C and is used as the basis for calculating the total noise impact from the HVAC systems. The noise generated by these rooftop HVAC units in continuous simultaneous operation would be approximately 41.0 dBA LEQ at the property line of the closest residence to the north and 39.0 dBA in the backyard of the residence adjacent the eastern fence. Trash Compactors Trash waste compactors are large hydraulic presses that have a containment bin. The compactor is turned on causing a large hydraulic press to compact the waste in the bin. The machine runs a full cycle and turns off automatically. The compactor cycle typically last slightly over 1 minute. Typical data used in analysis is shown in Table 5-5. HELIX Environmental Planning Acoustical Analysis Report forthe ions #3242 Palm Desert Store Project / November 18, 2010 12 Table 5-4 COMPACTOR SOUND POWER (S„I) Octave Frequency (Hz) 31.5 63 125 250 500 1 K 2K 4K L,yCompactor E8KfdB Continuous 88 8 88.2 85.8 82.9 97.8 92.1 83.5 87.8 .5 Compactor for One Minute Per Hour 71.0 70.4 68.0 65.1 80.0 74.3 65.7 70.0 62.5 79.7 It is uncommon for facilities similar for the proposed project to run trash compactors more than once per hour, so such a rate of operation has been assumed for this analysis. The noise generated by these compactor in operation for 1-minute out of the hour would be lower than 28.0 dBA LEQ at the property line of the closest residence to the north and 3.0 dBA in the backyard of the residence adjacent the eastern fence. Delivery Trucks Delivery trucks may create noise from three sources: at the proposed project backup alarms, tractor engine noise approaching and backing into the dock, and diesel -operated refrigeration unit noise. Analysis is based on two units per hour making a delivery (probable worst case) with the truck moving at 5 mph. The noise from the truck exhaust moving at 5 mph along the nonnal entrance and exit path is approximately 41.0 dBA LEQ at the property line of the closest residence to the north and 40.0 dBA in the backyard of the residence adjacent the eastern fence. Specific diesel refrigeration unit noise will vary from unit to unit. The California Air Resources Board (CARB) requires refrigeration units to be updated with new engines at least every 7-years. Typical noise for a modern unit is 75 dBA or less at 21 feet. The noise from a refrigeration unit mounted on the front of a trailer at 7 feet in height and traveling at 5 mph for two units entering and exiting the loading docks is less than 41.7 dBA LEQ at the property line of the closest residence to the north and 40.2 dBA in the backyard of the residence adjacent the eastern fence. Typical backup alarms generate noise of 109.7 dBA at four (4) feet at a single frequency of one (1) KHz. Typical data used in analysis is shown in Table 5. Table 5-5 BACKUP ALARM SOUND POWER (SWi) Octave Frequency (Hz) 31.5 63 125 250 500 1 K 2K 4K 8K dBA LEQ Alarm 12.7 1 12.7 1 12.7 12.7 12.7 109.7 12.7 12.7 12.7 109.7 HELIX Environmental Planning Acoustical Analysis Report for the ions #3242 Palm Desert Store Project / November 18, 2010 13 The noise from a backup alarm mounted on the back of a truck 3 feet in height or less and traveling at 5 mph (for two units backing into the loading docks over the course of an hour) is less than 36.9 dBA LrQ at the property line of the closest residence to the north and 34.7 dBA in the backyard of the residence adjacent the eastern fence. The noise from all of the sources of two trucks per hour arriving at, backing into, and then leaving the loading docks is approximately 42.0 dBA LEQ at the property line of the closest residence to the north and 41.0 dBA in the backyard of the residence adjacent the eastern fence. The noise from all of the operational building HVAC systems when combined with the noise from a trash compactor cycle and two delivery truck cycles is less than 45.0 dBA LI;Q at the property line of the closest residence to the north and 45.0 dBA in the backyard of the residence adjacent the eastern fence. Therefore the operational noise impacts from the facilities are not significant. 6.0 REQUIRED PROJECT FEATURES Continued enforcement of items 17a through item 17o as detailed in the original facilities operating conditions attached to this report as Appendix B with specific additional or modified elements: 1. All rooftop mounted equipment must be within the existing rooftop enclosure area. 2. The rooftop equipment area must be surrounded by a wall higher than the top of any of the rooftop mounted equipment; 3. The existing loading dock wall must be extended to fully shield the line of site view of any truck at the loading dock as shown on the attached project plans; 4. Modification of 17c: All truck engines will be immediately shutdown when the truck is parked at the loading dock; 5. Modification of 17m: 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 than can be operated from an on -site electric power connection it may operated from electric power while at the dock. 7.0 MITIGATION Implementation of the proposed project features will reduce project impacts to below a level of significance. Therefore, no mitigation would be required. HELIX Eawronmentai Planning Acoustical Analysis Report for the ions ll3242 Palm Desert Store Project / November 18, 2010 14 8.0 CONCLUSION Operation of the proposed Vons #3242 Palm Desert Store is feasible within compliance of the Palm Desert Noise Element and Noise Ordinances. However, strict attention to truck operating practices within compliance of the stated requirements is necessary to maintain this compliance. Idling trucks at the dock or waiting to get to the dock and continuous operation of truck refrigeration units with internal engine power will fail to comply with the project requirements. 9.0 CERTIFICATION The findings and recommendations of this acoustical analysis report are based on the infonnation available and are a true and factual analysis of the potential acoustical issues associated with the Vons #3242 Palm Desert Store Project located in the City of Palm Desert, California. This report was prepared by Charles Terry. Charles Terry Date Group Manager Noise, Acoustics, & Vibration HELIX Environmental Planning Acoustical Analysis Report for the Vons 0'3242 Palm Desert Store Project / November 78, 2010 15 10.0 REFERENCES City of Palm Desert. 2004. Noise Element. City of Palm Desert. 2010. Noise Ordinance Harris, Cyril M. 1998. Handbook of Acoustical Measurements and Noise Control, 3rd Edition. Acoustical Society of America. Irvine, Leland K., Richards, Roy L. 1998. Acoustics and Noise Control Handbook for Architects and Builders. Kreiger Publishing Company. U.S. Department of Transportation. Traffic Noise Model. HELIX Environmental Planning Acoustical Analysis Report for the Vons #3242 Palm Desert Store Project /November 18, 2010 APPENDIX A City of Palm Zoning Map _ r H.P,R.�� `r. INDL4N ,Py�¢ SPRINGS QP R-1•M .SILVER SPUR R-1-M I P.R.-5 P.R.-5 APPENDIX B 1990 City Council Negative Declaration of Environmental Impacts RESOLUTION NO. 91-5 „ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN OF DESIGN FOR A 194,000 SQUARE FOOT RETAIL/COMMERCIAL CENTER FOR A 20+/-ACRE AREA AT THE NORTHEAST CORNER OF HIGHWAY 111 AND FRED WARING DRIVE. CASE NO. PP 90-13 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of December, 1990, hold a duly noticed public hearing, which was continued to January 10, 1991, to consider the request of DSL SERVICE COMPANY for the above mentioned project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined that the project will not have a significant impact on the environmental and a negative declaration has been prepared; and WHEREAS, the proposed mix of uses in the center as delineated in the DSL Service Company letter dated December 18, 1990 provides an appropriate mix to justify a parking reduction of up to 10 percent as provided for in municipal code section 25.58.311 (B); and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts to justify its actions, as described below: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the council in this case. 2. That the Negative Declaration of Environmental Impact Exhibit "A" attached is hereby certified. RESOLUTION NO. 91-5 3. That a parking adjustment of up to 10% is hereby granted subject to conditions 20 and 21 of Exhibit "S". 4. That Precise Plan PP 90-13 dated 10-24-90 on file in the department of community development is hereby approved, subject to conditions (Exhibit "B"). PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th day of February, 1991, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, WILSON, SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATE SHEILA R. GI IGAN,3t, Clerk City of Palm Desertifornia SRS/tm WALTER H. SNYDER, Mayor v7 2 RESOLUTION NO. 91-5 EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO• PP 90-13 APPLICANT/PROJECT SPONSOR: DSL Service Company 3501 Jamboree Road, Suite 5000 N Newport Beach, CA 92658-6030 PROJECT DESCRIPTION/LOCATION: Precise plan of design for a 194,000 square foot retail center for property at the northeast corner of Fred Waring Drive and Highway 111. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. February 14,_1991 RAMON A. DIAZ uATh; DIRECTOR OF COMMUN DEVELOPMENT SRS/tm 3 RESOLUTION NO. 91-5 EXHIBIT "B" CONDITIONS OF APPROVAL CASE NO. PP 90-13 Department of Community Development/Planning: 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. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 3. 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. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. That the wall along the east property line, adjacent to the single family residences, be moved six feet onto the DSL site and landscaping be placed on both sides of the wall. 6. That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 7. Project is subject to Art in Public Places fee per Ordinance No. 473. 4 RESOLUTION NO. 91-5 8. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee ($1.00 per square foot). 9. That the landscaping in the parking lot comply with the provisions of the Master Parking Lot Tree Plan. 10. That the center shall not include a supermarket. 11. That direct access from Highway ill shall be limited to right turn in and right turn out. No median break or left turn movements shall be permitted. 12. That security and parking lot lighting shall be mounted on the east perimeter wall and directed downward and toward the DSL site. In addition a light plan shall be required confirming compliance with the city's parking lot lighting restrictions. 13. Delivery hours to the center shall be limited to 6:00 a.m. to 10:00 p.m. 14. Store hours for the center shall be limited to 6:00 a.m. to 12:00 p.m. (midnight) 7 days a week. 15. That the perimeter driveway behind the buildings shall have speed bumps installed at 100-150 foot intervals. 16. That the south end of Joshua Road be cul-de-sacced to prevent access to or from Fred Waring Drive and that for the convenience of residents of the Joshua Road area (i.e. residents on Joshua Road, Manzanita Drive, Brushwood Drive, Cactus Drive and Choila Drive) DSL shall install an automatic gate in the wall at the west end of Manzanita Drive and issue to residents of the area remote control devices to operate said gate. 17. That pursuant to the noise study prepared by Gordon Bricken and Associates, the following conditions shall be imposed: a. Enclose loading docks at the majors and market. b. Post signs requiring all loading and entrance doors to remain closed at all times except during loading and unloading. C. Require all engines to be shut off if a truck is parked more than five (5) minutes. Post accordingly. d. Install bumpers on docks to cushion impacts of trucks when backing up. 5 RESOLUTION NO. 91-5 9. 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. f. Prohibit all horn blowing. Post accordingly. g. Prohibit loud talking and radios. Post accordingly. h. Prohibit use of forklifts except within the closed section of the docks. i. Prohibit all the external mechanical equipment on any store except trash compactors. j . Prohibit exiting exhausts or location of fans on the east wall of the shops. k. Require evaluation of the mechanical equipment designs for compliance prior to issuance of the building permits. 1. Prohibit parking of trucks or trailers overnight within 500 feet of the residences or in the alley. M. Require all refrigeration equipment mounted on trucks or trailers to be shut down if not required for on -board contents, and in no event, to remain longer than one hour. n. Erect an eight (8) foot wall along the east property line (this must be re-evaluated after the grading plans are complete) adjacent to residences on lot nos. 1, 2, 3, and 4 (see Exhibit 2). o. Erect an eight foot (81) wall around the trash compactors, or enclose the hydraulic pump box. 18. That the developer (owner) shall agree to participate in any district formed to facilitate construction and/or operation of a people mover system to the extent that the subject property benefits. 19. That a six foot high masonry wall be constructed along the north side of Fred Waring Drive between the Whitewater Channel and the east limit of the DSL site. Said wall to include a keyed gate for pedestrian access from Joshua Road. Said wall and gate shall be maintained by the applicant and/or his successors. 20. That the mix of types of uses and their sizes shall generally conform to those delineated in the letter from DSL Service Company, dated December 18, 1990 (attached Exhibit "C"). R RESOLUTION NO. 91-5 21. That deviation from the type of use and/or specific tenant delineated in Exhibit "C" shall be permitted subject to approval of the Director of Economic Development. Department of Public Works: 1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 shall be paid prior to issuance of any permits associated with this project. 2. Any drainage facilities construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the department of public works prior to start of construction. 3. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city and Caltrans standards. Improvements shall include, but not be limited to the following: * Construction of a deceleration/acceleration lane for the Highway 111 project entry. * Construction of a deceleration/acceleration lane for the Fred Waring Drive entries. * Provisions for the installation of a raised, landscaped median island in Fred Waring Drive and Fred Waring Drive entry. * Construction of perimeter sidewalk in an appropriate size and configuration along all property frontages. * Construction of bus bays in accordance with Sunline Transit Agency specifications. * Dedication of any right-of-way required to accommodate these improvements shall be provided prior to the issuance of any permits associated with this project. In addition to the above noted items, those traffic mitigation measures identified in the project Traffic Impact Study prepared by ASL Consulting Engineers shall be provided. The subject report and proposed mitigation measures shall be approved by the public works department. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. 5. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the director of public works for checking and approval before construction of any 7 RESOLUTION NO. 91-5 improvements is commenced. Offsite improvement plans to be approved by the public works department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 6. All public and private improvements shall be inspected by the department of public works and a standard inspection fee shall be paid prior to issuance of grading permits. Those improvements impacting state right-of-way shall be constructed and permitted in accordance with Caltrans standards. 7. Landscaping maintenance on the property frontages shall be provided by the property owner. 8. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the director of public works for checking and approval prior to issuance of any permits. In addition to all standard engineering design parameters, the plan shall address appropriate circulation -related issues. 9. Traffic safety striping on Highway 111, Fred Waring Drive and Park View Drive shall be provided to the specifications of the director of public works and Caltrans and shall include the use of approved thermoplastic paint and raised pavement markers. A traffic control plan must be submitted to, and approved by, the director of public works prior to the placement of any pavement markings. 10. Applicant shall provide for the design of a raised, landscaped median island in Fred Waring Drive. The design shall be to the specifications of the director of public works. 11. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the department of public works and Caltrans. 12. Prior to the issuance of any permits associated with this project applicant shall provide for a minimum dedication of additional right-of-way of five feet on State Highway 111 and fifteen feet on Fred Waring Drive. 13. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check the fire department recommends the following 8 RESOLUTION NO. 91-5 fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and USC and/or recognized Fire Protection Standards. 2. Provide, or show there exists a water system capable of providing a potential gallon per minute 1500 for single family, 2500 for multifamily, and 3000 for commercial. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for two hours duration at 20 psi residual operating pressure. 3. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 4. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/2" ), located not less than 25' nor more than 200' single family, 165' multifamily, and 150' commercial from any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the fire department prior to request for final inspection. 6. A combination of on -site and off -site Super fire hydrants, (6" x 4" x 2-1/2" x 2-1/211), will be required, located not less than 25' or more than 200' single family, 165' multifamily, and 150' commercial from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 7. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the county fire department for review. No building permit shall be issued until the water system plan has been approved by the county fire chief. Upon approval, the original will be returned. one copy will be sent to the responsible inspecting authority. On next submittal of site or water plans be sure to include existing super hydrants. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a registered civil engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." E RESOLUTION NO. 91-5 8. Comply with Title 19 of the California Administrative Code. All buildings with occupant load 50+. 9. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, not less than 25' from the building and within 50' of an approved hydrant. All buildings over 5000 square feet. 10. Install a fire alarm (waterflow) as required by the Uniform Building Code, 3803 for sprinkler system. All sprinklered buildings. 11. Install tamper alarm on supply valve for sprinkler systems. 12. Certain designated areas will be required to be maintained as fire lanes. 13. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code. 14. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance. 15. Install hood/duct automatic fire extinguishing system. Commercial cooking facilities. 16. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior wails of the first story. The roadway shall not be less than 24' of unobstructed width and 1316" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn- around (55' in industrial developments). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 51' radius or 10' diameter. It appears this condition has been met. 17. Contact the fire department for a final inspection prior to occupancy. City Council Conditions: 1. That the sign program come back to the city council for review as well as parking lot requirements. 2. That the city have the ability to use the corner of Highway 111 and Park View Avenue for a public art entry statement that is acceptable both to the city and to the property owner. 10 RESOLUTION NO. 91-5 3. Reaffirm that the fountain in the courtyard near Highway 111 and Park View Avenue be designed to be interactive with people in the courtyard. 4. That the stamped concrete be brought in from Fred Waring Drive to Mervyn' s and continued along the store fronts over to Park View Drive. 5. That the developer and/or the landscape firm hold discussions with the Living Desert Reserve or the Coachella Valley Water District in terms of asking for a living garden to see if they would pick up the maintenance and maybe the planting. SRS/tm 11 APPENDIX C Seasons 4 HVAC Manufacturer's Noise Specifications SOUND POWER LEVELS - ROOF MOUNTED UNIT REVISED DATE: 11/18/2010 PROJECT: t s l". <rCA UNIT: :)06h i2 OCTAVE BAND COMPONENTS 63 125 250 500 1000 2000 4000 8000 A -weighted CONDENSERFANS (6)1140 RPM, 1 HP Fans 85.2 93.2 95.2 93.2 92.2 89.2 83.2 79.2 96.6 DISCHARGE PWL - COND FANS 85.2 93.2 95.2 93.2 92.2 89.2 83.2 79.2 96.6 Cabinet/Coil Attenuation -1.1 -2.7 -3.3 -4.8 -6.3 -7.5 -6.6 -5.4 RADIATED PWL - COND FANS 84.2 90.5 91.9 88.4 85.9 81.7 76.6 73.8 90.9 COMPRESSORS PWL- dB - (3) Scroll Compressors 55.1 55.1 66.1 80.5 79.1 80.2 73.8 69.1 84.9 RADIATED PWL - COMPRESSORS 55.1 55.1 66.1 80.5 79.1 80.2 73.8 69.1 84.9 CONDENSING UNIT RADIATED PWL - COMPS & FANS 84.2 90.5 91.9 89.1 86.7 84.0 78.4 75.1 91.8 SUPPLY FAN(S) PWL- dB - (1) AF PLC 402 98.3 101.6 97.1 92.0 87.4 84.6 79.9 74.0 94.8 DISCHARGE PWL - SUPPLY FANS 98.3 101.6 97.1 92.0 87.4 84.6 79.9 74.0 94.6 Radiated casing factor -15 -18 -21 -39 -38 -49 -55 -55 RADIATED PWL - SUPPLY FANS 83.3 83.6 76.1 53.0 49.4 35.6 24.9 19.0 1 70.6 TOTAL UNIT RADIATED POWER (dB re 10A-12W) 86.8 91.3 92.0 89.1 86.7 84.0 78.4 75.1 91.9 HORIZONTAL SOUND PRESSURE - TOTAL UNIT dB re 20 microBar Sound Pressure at 50 ft from unit 55.3 1 59.8 60.6 57.6 55.3 52.6 46.9 43.6 60.4 Sound Pressure at 75 ft from unit 51.8 56.3 57.0 54.1 51.7 49.0 43.4 40.1 56.9 Sound Pressure at 100 ft from unit 49.3 53.8 54.5 51.6 49.2 46.5 40.9 37.6 54.4 RESOLUTION N0. 91-5 8. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee ($1.00 per square foot). 9. That the landscaping in the parking lot comply with the provisions of the Master Parking Lot Tree Plan. 10 That the center shall not include a supermarket. 11. That direct access from Highway 111 shall be limited to right turn in and right turn out. No median break or left turn movements shall be permitted. 12. That security and parking lot lighting shall be mounted on the east perimeter wall and directed downward and toward the DSL site. in addition a light plan shall be required confirming compliance with the city's parking lot lighting restrictions. 13 Delivery hours to the center shall be limited to 6:00 a.m. to 10:00 p.m. 14. Store hours for the center shall be limited to 6:00 a.m. to 12:00 p.m. (midnight) 7 days a week. 15. That the perimeter driveway behind the buildings shall have speed bumps installed at 100-150 foot intervals. 16 That the south end of Joshua Road be cul-de-sacced to prevent access to or from Fred Waring Drive and that for the convenience of residents of the Joshua Road area (i.e. residents on Joshua Road, Manzanita Drive, Brushwood Drive, Cactus Drive and Cho11a Drive) DSL shall install an automatic gate in the wall at the west end of Manzanita Drive and issue to residents of the area remote control devices to operate said gate. 17. That pursuant to the noise study prepared by Gordon Bricken and Associates, the following conditions shall be imposed: a. Enclose loading docks at the majors and market. b. Post signs requiring all loading and entrance doors to remain closed at all times except during loading and unloading. C. Require all engines to be shut off if a truck is parked more than five (5) minutes. Post accordingly. d. Install'bumpers on docks to cushion impacts of trucks when backing.Vp. 5 RESOLUTION NO. 91-b' r 21. That deviation from the type of use and/or specific tenant delineated in Exhibit "C" shall be permitted subject to approval of the Director of Economic Development. Department of Public Works: 1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 shall be paid prior to issuance of any permits associated with this project. 2. Any drainage facilities construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the department of public works prior to start of construction. 3. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city and Caltrans standards. Improvements shall include, but not be limited to the following: - * Construction of a deceleration/acceleration lane for the Highway Ill project entry. * Construction of a deceleration/acceleration lane for the Fred Waring Drive entries. * Provisions for the installation of a raised, landscaped median island in Fred Waring Drive and Fred Waring Drive entry. * Construction of perimeter sidewalk in an appropriate size and configuration along all property frontages. * Construction of bus bays in accordance with Sunline Transit Agency specifications. * Dedication of any right-of-way required to accommodate these improvements shall be provided prior to the issuance of any permits associated with this project. In addition to the above noted items, those traffic mitigation measures identified in the project Traffic Impact Study prepared by ASL Consulting Engineers shall be provided. The subject report and proposed mitigation measures shall be approved by the public works department. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. 5. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the director of public works for checking and approval before construction of any 7 MINUTES REGULAR MBEITNG OF THE PALM DESERT CITY COUNCIL DEER 13, 1990 i• i t i# i# i## i i i# i i i i t i## i i# i i i i#### i i i advan fteous not just to the business but also to the consumer in terms of explaining what the business has to offer. At the same time, the Committee felt Palm Desert is as beautiful as it is because of the concern everyone shares in trying to avoid clutter, and having too much information on signs could be dangerous and distract people who are driving. MRS. JUNE PEEVER, 74-123 Aster Drive, said she would like to see an ordinance requiring the posting of visible street numbers on businesses. Councilman Kelly stated that the Council agreed there was a problem and that the Police Advisory Committee had been working with staff on this particular issue. With no further testimony offered, Mayor Snyder declared the public hearing gjQsed Councilmember Benson moved to waive further reading and pass Ordinance No. 01 to second reading. Motion was seconded by Kelly and carried by unanimous vote of the Council. Councilman Kelly said Council had recently denied requests from several applicants to include goods and services on their signs. He asked if they would be notified of this sign ordinance amendment. Mr. Diaz responded that staff would notify these applicants. Mayor Snyder called a t+eoess at 10:05 p.m. and r000nvened the meeting at 10:15 p.m. F. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT, CHANGE OF ZONE, PRECISE PLAN OF DESIGN, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF APPROXIMATELY 190,394SQ. FT. OF RETAIL AND COMMERCIAL BUILDINGS ON THE EAST SIDE OF HIGHWAY I I I BETWEEN FRED WARING DRIVE AND PARKVIEW DRIVE. DSL SERVICE COMPANY. APPLICANT, Mr. Smith reviewed the staff report, noting that residents of Joshua Road had submitted petitions at the August 21, 1990, Planning Commission meeting in opposition to this project. Since that time, the applicant had met and worked with those residents and made many changes to the plan, including reduction of the retail and commercial buildings to 190,0900 square feet from 220,000 square feet, cul-de-saccing Joshua Road at Fred Waring, and providing an access gate with remote control. He added that all buildings would be single story and that landscaping had been increased from 20% to 23% on the site. He noted a letter had been received from Planning Commission Bob Downs who was absent from the November 6, 1990, Planning Commission meeting stating that he would have voted in favor of the project. He said two conditions had been added since the Planning Commission meeting: 1) agreement to participate in an assessment district for the People Mover should such a district be formed; 2) requirement for a six foot masonry wall across the end of the cul-de-sac. Mayor Snyder declared the public hearing g2gn and invited testimony from the applicant. r 32 MJNU'I'ES REGULAR N MT NG OF c PALM DESERT CITY COUNT DECEMBER 13, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * s * * * * * * * * * * * MR. MORRIS McALLISTER, 9918 Hailden Avenue, Downey, Chairman and President of Downey Savings & Loan, said DSL was a wholly -owned subsidiary of Downey Savings. He noted they had three offices in the Coachella Valley, with approximately 2,000 customers in Palm Desert, Customers doing their banking in La Quinta and Palm Springs had been asking for years to have a branch office in Palm Desert, which they would have if this project is approved by the Council. MR. WENDELL HINDLEY, Vice President of Real Estate for DSL Service Company, residing at 2781 Spur Lane in Rossmore, stated DSL had worked very diligently in the last five months with adjacent residents to make this a project they would be proud of and able to live with. He said he had a petition signed by residents of 20 of the 30 homes in favor of this project. He noted one of the main concerns was inclusion of the Albertson's market as part of the development but said it would add 60 to 65 new jobs ctmt',�in the City as well as transferring an additional 20 individuals into the area who reside outside the community. With regard to parking and landscaping, he said they would be providing more spaces than required, close to four and a half acres of landscaping, and one tree for every three parking stalls. He concluded his report and said objections relative to noise, lighting, trash, etc., had been mitigated. MR. RON GREGORY, project landscape architect, 73-550 Pinyon Street, said he would be using state-of-the-art water -efficient landscaping design. The Iawn area had been reduced to 50% and would be watered with drip irrigation. He added that the landscaping would screen the supermarket so it would not look like a market was in the project. Mayor Snyder invited testimony in FAVOR. The following individuals were in favor of the project because of reduced traffic, the addition of a supermarket and Downey Savings branch in the City, and keeping sales tax in Palm Desert: Beverly Vorwailer, 72-445 Cholla Drive Charles Whitney, The Lakes Country Club Leonard Penzino, 39-123 Warner Springs, Palm Desert Greens Jim Gangwer, 74-457 Fairway Drive Ray and Olga Contrusi, 41-370 Woodhaven Drive West Howard and June Peever, 74-123 Aster Drive Marilyn Estenson, 74-N3 El Cortez Mayor Snyder invited testimony in OPPOSITION to this request. MRS. DONNA EVERS, 72-450 Manzanita, said she was very intimidated by the idea of having a cul-de-sac adjacent to her property and was concerned with the traffic. She agreed DSL had been very easy to work with, but she did not like the feeling of being trapped in a high commercial area. She suggested having a gate instead of a wall at Joshua and Fred Waring and leaving the other end open. With no further testimony offered, Mayor Snyder declared the public hearing closed' 33 MINUTES REGULAR MH 9MG OF THE PALM DESERT CITY COUNCEL DECEM BER, 13, 1990 ••• i i i i i i i i i i t i i f i f i# t i t## i i i# f f i f f f i 1rIItes@ Felt this was the product of a lot of work, compromise, and understanding between people and goes a long way to solving problems in this area. Impressed by the recycling issue and landscaping. Would welcome DSL as a member of the community. Objected to parking spaces behind the buildings because people would not drive around to the back and had a difficult time including those spaces as part of the parking requirement for the project. Felt the site was enormously important to the future of Palm Desert and needs to tie in with the Palm Desert Town Center, Ahmanson project, and People Mover project. Did not think any additional markets were needed along Highway 111. Agreed with Crites. Felt Albertson's mi ht be a good addition to the City in m other location but not here. Commended DSL for what they have done at that corner, w t is t e entrap the City. However, felt it was too valuable a piece of property to have a sea of cars out in front. Said the Council had decided in 1974 that the City should not have supermarkets or used car lots on Highway 111, and she did not feel it was an appropriate use at this corner. Wilson: Said the project had a lot of pluses; felt it looked good and that the landscaping looked good. Agreed with most of the people who testified and would like to see a Downey Savings branch in Palm Desert. However, was concerned that this property and the Ahmanson property across the Highway from Toys R Us should be an integral part of the shopping experience and should be tied in with the Palm Desert Town Center and Highway III shopping centers. Said Council had talked about a grocery store at this location and had denied it over and over again but had compromised a bit with a Farmer's Market that would be different from a typical grocery store. Felt the site needs to blend in and provide a shopping experience that will not have conflicting traffic but will have people who will go to one location, park, and use the People Mover to take care of different shopping. Had trouble with the grocery store part of the project. Kelly: Impressed both with this being the first project to really talk about recycling and with the landscaping design. Said he lived near the Ralph's grocery store in Indian Wells, felt it was one of the nicest looking shopping centers. However, agreed that this was not a good place for a grocery store. Snyder* Felt this was a beautiful project; however, was against the &Lqma store because of its-loccation. Agreed the Ralph's center at the entrance to Indian Wells was a beautifu place and this could be the same. Mr. Hindley stated that if the supermarket was the only problem and a retail development would be satisfactory as presented without the Albertson's, DSL would request that Council approve the General Plan Amendment, Zone Change, and Precise Plan, excluding a supermarket as a use. Upon question by Kelly, he responded that they had Memo's as a tenant and had also talked to TJ Mack and Ross. Mr. Erwin stated that with regard to the General Plan Amendment and Change of Zone, he did not believe the specific use of the land for a market had any application. 34 REGULAR MEETMG OF T. PALM DESERT CITY COUNCL DECEMBER 13, 1990 * * * * * * * * * * * • i * * * * * * * * t * * * * "* * * * * * * * * * * Mr. Diaz suggested amending the regional commercial zone ordinance to delete supermarkets because there was only one other piece of property zoned regional commercial along Highway 111, which was the Ahmanson piece across the street. He asked the City Attorney whether Ordinance No. 632 could be introduced at this meeting, with second reading to be held subject to the amendment to the zoning ordinance deleting supermarkets from the regional commercial zone. Mr. Erwin responded that such deletion would require going through the Planning Commission hearing process. Councilman Crites said he agreed with Councilman Wilson and felt the property anchors the western end of the core commercial area, and whatever is put there needs to provide a "shopping experience", something that draws people to the area. He added that he was still concerned with whether some 150 parking spaces were really useable parking spaces. Mr. Hindley said those spaces had been set up as employee parking. Councilman Crites moved to continue this matter to the meeting of January 10, 1991. Motion died for lack of a second. Councilmember Benson asked whether the applicant had indicated this would not be a viable project without the supermarket. Mr. Hindley responded that it would just not be as good economically. Benson said although she was against the supermarket, she did not see the urgency in approving the project without first knowing exactly what stores would be included. Councilman Kelly said he felt it was a good project without the supermarket. Mayor Snyder agreed and said he did not see where approving the zone change would cause any difficulty since the applicant must come back with a precise plan which will indicate what the other building will be. Councilman Wilson said he would like to move ahead but would hate to sign a blank check. He said he had yet to see any imaginative effort put into this site, which is the key location and entrance to the community. He asked if there was a way to move ahead with first reading of the ordinance, providing that not only do we move ahead with the amendment to exclude grocery stores but also move ahead with a creative effort to come up with some uses before second reading. Mr. Erwin responded that Council could pass the ordinance to second reading and hold second reading, the Precise Plan, and the General Plan Amendment until after the amendment to exclude grocery stores as a use for regional commercial. 35 MINUTES REGULAR MEBMG OF THE PALM DESERT CITY COUNCIL. DECEMBER 13, 1990 • • • t # # t # # # t i # # t t t # t t # t t # t # # # # # t # t t t # # Councilman Wilson moved to: 1) Waive further reading and pass Ordinance No. = to second reading; 2) Instruct staff, including the Planning Department, Economic Development division, and City Manager's office, to sit down with the developer in a brainstorming session to try and come up with something imaginative and creative that would convince the Council to put the final adoption on this project. Motion was seconded by Crites and carried by unanimous vote. G. REQUEST FOR APPROVAL OF FINAL MAP FOR TRACT 24289-R REVERSION TO ACREAGE (PALM DESERT REDEVELOPMENT AGENCY, APPLICANT). Mr. Joe Gaugush reviewed the staff report, noting that this was for the Civic Center site. He said he would also be asking the Redevelopment Agency Board to authorize the Chairman to execute the map on behalf of the Agency. Mayor Snyder declared the public hearing tom. and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and he declared the public hearing clok Councilman Crites moved to waive further reading and adopt Resolution No. 90-142, approving Tract No. 24289-R. Motion was seconded by Kelly and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Crites, second by Kelly, and unanimous vote of the City Council, Mayor Snyder adjourned the meeting at 11:43 p.m. ATTEST: SHEILA R. GILLIGAN, CI Y CLERK CITY OF PALM DESE , CALIFORNIA WALTER H. SNYDER, MAY 36 MINTTTFS REGULAR PALM DESERT 'TY COUNCIL MEETING *' * * * • * * * * * * * * * * * • * * * • * * k JANUARY 10, 1991 * * • * * * * * * * * 5. Waive further reading and adopt Agency Resolution No. 2L, approving proposed Amendment No. 7 to the Redevelopment Plan, As Amended, for Project Area No. 1, As Amended, and the Negative Declaration prepared in connection therewith. 6. Waive further reading and adopt City Council Resolution No. 91-1, approving proposed Amendment No. 7 to the Redevelopment Plan, As Amended, for Project Area No. 1, As Amended, and the Negative Declaration prepared in connection therewith. 7. Waive further reading and pass City Council Ordinance No. Q to second reading, approving and adopting Amendment No. 7 to the Redevelopment Plan, As Amended, for Project Area No. 1, As Amended. Councilman Wilson seconded the motion, and it carried by unanimous vote of the Council and Agency Board. Chairman Snyder recessed the Redevelopment Agency meeting at 7:25 p.m. until adjournment of the City Council meeting. B. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT, CHANGE OF ZONE, PRECISE PLAN OF DESIGN, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF APPROXIMATELY 190,394SQ. FT. OF RETAIL AND COMMERCIAL BUILDINGS ON THE EAST SIDE OF HIGHWAY I I I BETWEEN FRED WARING DRIVE AND PARKVIEW DRIVE. DSL SERYICE COMPANY. APPLICANT. (Continued from the Meeting of December 13, 1990.) Mr. Diaz reviewed the staff report, noting that this matter was continued to allow staff and the applicant to work out revisions to the plan that would provide something different and imaginative in terms of this particular development. He stated that the s ket use had ben_dmgM and that there were changes in the estgn o the buildings and tenant improvements. He said there had been some feedback in terms of the plot plan and architectural design of the buildings, which the applicant would address. He said staff continued to recommend approval as indicated in the staff report. Councilman Crites asked if there was anything that tied the zoning of this property to the plan and whether a development agreement would ensure that what is approved is what goes in. Mr. Diaz responded that there was nothing to prevent someone else from coming in with a different design. Councilman Wilson said the project was being sold on the idea that there are some very attractive tenants proposed to go into it, and he asked what guarantee there was that the plan would go through with these tenants. Mr. Diaz responded that there was nothing to guarantee it. 19 K NUTES REGULAR PALM DESERT TY COUNCEL hCMnING • • • • • • • • • • • . a • • • • • • • • • • • • JANUARY 10, 1991 • • • • • • • • • • • Councilman Kelly asked if there was anything that could be written into a development agreement to assure that, the tenants being considered are the ones that will in fact be there. Mr. Erwin responded that it could be done by the development agreement but that it must be done very specifically so that it is not an invalid condition. Mayor Snyder noted this public hearing was still g= and invited testimony from the applicant. MR. WENDELL HINDLEY, representing the applicant, said he had met with staff regarding uses, layout, parking, etc., and had come up with a plan satisfactory to staff. He said the Architectural Review Commission had approved the architecture; however, if it was not what the Council wanted, the applicant was willing to work with staff to provide whatever would be satisfactory to the Council. He noted that the applicant had tried to provide a different tenant mix with Mervyn's, Silo, Bookstar, etc. Upon question by Councilman Kelly relative to whether a lease had been signed by Mervyn's, Mr. Hindley responded that the applicant had a sale with Mervyn's and was negotiating a development agreement with them. He added that they had leases with Silo and Bookstar. t Councilman Crites stated that one of the Council's concerns was that this proposal does not have any excitement. He said he had visited a new mall just east of Scottsdale, Arizona, which had included a lot of different and unique things to bring people in and make them want to stay, and he suggested that the applicant look at this project. He added that the architecture needs to consider innovative uses for space. Councilman Wilson said he had met with the applicant to review the renderings and expressed concern that this was another cookie cutter example of the 111 Town Center project. He asked if the applicant had any new ideas with him at this time. Mr. Hindley responded that the applicant was willing to work with the Architectural Review Commission on the facade and architectural treatment to provide whatever the Council wished. Councilmember Benson said she thought the applicant would be returning to this meeting with ideas for unique features that could be included in the project; however, all that had been done was to remove the supermarket, and she did not see anything different that what was shown previously. Mr. Hindley responded that the architecture was not brought up at the last meeting, only issues dealing with parking and with unique uses that would bring people to Palm Desert. MR. RON GREGORY, landscape architect for the project, reviewed the proposed landscaping, noting that the intent was not -to handle a maximum number of people in the three public space areas but was for smaller groups of people who do not want to 20 R13GUL AR PALM DESERT 'TY COUNCIL bG%-MG JANUARY 10, 1991 • • • • * * * * * * * * * * * * * * * * * * * 3h . * * * * * * * * * * • mbe around a lot of other people. He added that each of the area would accommodate approximately 20 people comfortably. Mayor Snyder invited testimony in FAVOR of this project. None was offered. He invited testimony in OPPOSITION to the project. David Evers, 72-451 Manzanita, asked whether approval of the project would automatically cul-de-sac Parkview. He also expressed concern with the air conditioning and trash compactors, noting that they had inside locations in the previous plans. Mr. Hindley responded that all conditions placed on the project would still be in effect. Mr. Holtz added that with regard to the cul-de-sac, it would be done at the southerly end of Joshua Road. With no further testimony offered, Mayor Snyder declared the public hearing closed S WM: Felt it would be appropriate for City staff and the City Attorney to work with the developer to include a condition relative to requiring specific tenants by name or comparable worth value. He suggested that two Councilmembers visit the Scottsdale, Arizona, project previously mentioned and then sit down with the applicant and his staff to brainstorm ways to make this project exciting. K" Felt naming particular companies as tenants was probably not appropriate but felt some kind of wording needed to be included requiring that a new tenant be comparable; if a tenant is changed, Council would have the opportunity to approve or disapprove said change. This would keep it at the level the citizens of Palm Desert want. Felt the developer had addressed concerns expressed at the last meeting and that this was an opportunity to provide something the citizens of Palm Desert have asked for. If conditions could be placed as discussed at this meeting, the project should move ahead. Wilson: Said he was still looking for the "wow"and had not found it in this project. Said the Council was being asked to make a major decision to amend the General Plan and change the zone, and a good reason was needed to do so. Said if Council could see some pictures or if there was some way to continue this matter to be sure Palm Desert gets a "wow"project, he would like to see the project move forward. Snyder: Said he was tired of looking at this blank piece of property. Liked the landscaping, the treatment to the two corners, the plaza in the middle, the number of trees, and the effort the applicant had made to provide a beautiful project. Felt the project was a long time coming and said he was ready to go ahead with it. Wilson: Said he was unhappy with the architecture and having the same mold of mediterranean look from corner to corner. Asked if this was something the Architectural 21 MINUTES REGULAR PALM DESERT TY COUNCIL M]MEM0 i i i# i i i# i i#. i i i i# i i i i i i i# JANUARY 10, 1991 i i i i i# i i i•# Review Commission is comfortable with or it if was inherent in the development of Palm Desert. Mr. Diaz responded that he felt the Commission had become comfortable with the particular look. Also, the charge to the Architectural Review Commission was not to come up with something unique but rather to have something be compatible. If Council wishes to change that, the Commission needs to be advised not to be afraid to be a little more imaginative. Felt Councilman Crites' suggestion to appoint a subcommittee, including some members of the Architectural Review Commission, to look at the architectural design and also the lease issue was a good one. This could be placed as a condition of the Precise Plan. &114 Felt now was a good time to appoint a subcommittee of two representatives from the Architectural Review Commission and two Councilmembers to work with staff on this project and work towards something different from what we have. He added that he liked the indian pueblo type of architecture. Councilman Kelly moved to, by Minute Motion, move ahead with the project with added conditions relative to appointment of a subcommittee to include representatives from the Architectural Review Commission and City Council to work with staff to come up with something different and also — look at other ways to attract high level customers to the project. Motion was seconded by Snyder. Upon question by Crites, Mr. Diaz confirmed that approval of the Precise Plan would approve the location of the buildings and take away the ability to move anything around. Councilmember Benson agreed that this project did not have any exciting features and was not in favor of approving it until seeing what the architecture will look like and where the buildings will be located. She said she still liked the lot and that it was okay with her to keep it the way it is now. Mr. Diaz stated there had been a great deal of discussion between the applicant and homeowners and that if the main concern was the bad location of the buildings, he felt something could be worked out. Upon question by Councilman Wilson, Mr. Erwin responded that it was his suggestion, because of concerns expressed with regard to tenant usage, etc., that the Council hold second reading of the ordinance for the zone change and the plot plan until conditions can be rewritten. He suggested a motion to continue the matter. Mr. Diaz said that if this matter was going to be continued, he would suggest continuing it for one month and appointing the subcommittee to work with staff and the applicant on specific details and concerns while he and the City Attorney work on the wording of the conditions of approval. Mayor Snyder called for the vote on Kelly's motion. Motion was defeated by a 2-3 vote, with Councilmembers Benson, Crites, and Wilson voting NO. 22 MIN rrES REGULAR PAL w Dmija TY COUNt,7L MEETING • • • ! t 0 i • 0 • ♦ r 0 i • • * « ♦ t R • i M Mayor Snyder mgZmcd the public hearing. JANUARY 10, 1991 f*•• i♦• i! t t Councilman Wilson moved to continue the item for one month, appoint a subcommittee of two members of the City Council, two members of the Architectural Review Commission, and staff to mat with the applicant and work vigorously in attempting to identify some of kind of architectural space and creative environment that will make the project worthy of a change of zone and general plan amendment. Councilman Crites seconded the motion, and it carried by a 3.2 vote with Councilmen Kelly and Snyder voting NO. Subsequent action included the appointment of Councilmen Wilson and Kelly as the City Council representatives to the subcommittee. Mr. Diaz said he would ask the Chairman and Vice Chairman of the Architectural Review Commission to participate. C. REOUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW CONSTRUCTION OF AN 80,300 SQUARE FOOT COMMERCIAL RETAIL CEN71ER ON AN 8.5 ACRE SITE AT THE SOUTHEAST CORNER OF FRED WARING DRIVE AND TOWN CENTER WAY. Mr. Drell reviewed the staff report, noting that this was Site 14 of the original Ahmanson proposal approved by Council last year. He said the property had been sold by Ahmanson to a company called Enjoy Development. He said Enjoy was asking to be released from the condition reserving a depth of 100 feet along Fred Waring Drive for professional office use only and wanted the entire project to be retail. He said one resident from Fairhaven had attended the Planning Commission hearing and requested that the landscaping and palm trees be no higher than the walls. He noted that Mr. Ben Pickell had requested that a pedestrian access be included because he uses the lot as a shortcut to the Palm Desert town Center and that the applicant had agreed to have such a condition added. He said the project would include commercial recycling; included in every lease would be a program of implementation and collection from the tenants to facilitate recycling on the site. He reviewed the proposed access to the project. Councilman Kelly said that what makes a recycling program successful is good publicity and education. He suggested combining Public Works conditions #5 and #12 into one. Upon question by Councilman Crites relative to right turn access on Town Center Way and how far down the street the curb would have to be painted red, Mr. Drell responded that it was the opinion of the Fire Marshal that in order for the snorkel truck to turn into the project, all parking on the street would have to be eliminated, with red curbs 50 to 100 feet. That was the main reason for a new left turn cut on Fred Waring Drive. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 1991 • • i # • # ♦ i # # • • • • i # • i # # # # # # # # i i i ! • • • • • # • XVIU. PUBLIC HEARINGS A. gEOUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT, CHANGE OF ZONE, PRECISE PLAN OF DESIGN, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF APPROXIMATELY 190,394SQ. Fr. OF RETAIL AND COMMERCIAL BUILDINGS ON THE EAST SIDE OF HIGHWAY I I I BETWEEN FRED WARING DRIVE AND PARKVIEW DRIVE. DSL SERVICE COMPANY APPLICANT. (Continued from the Meetings of December 13, 1990, and January 10, 1991.) Associate Planner Steve Smith reviewed the staff report, noting that there were several issues from the January 10, 1991, meeting that needed to be addressed, such as site layout, building architecture, and firming up of the actual tenants to occupy the buildings. He said there was still one stand alone building, which was the DSL branch, and that the applicant would explain the reasons for keeping it as such. He said Conditions #20 and #21 had been added to the Precise Plan to assure a certain type of tenant. He said concerns raised by Council were signs, parking lots being screened from street view, and the bus pullout (which would be provided on Highway 111). With regard to the Art -in -Public -Places fee, he said there were two generous open space areas: Fred Waring/Highway Ill and Parkview/Highway 111. The intent was to get some unique facility or art at both corners, with perhaps the applicant providing art at Fred Waring/Highway I I I and the City providing the art at the Parkview/Highway I I I site. In closing, Mr. Smith stated that he had met with Mr. and Mrs. Henry Hoyle, property owners to the north, and they were pleased with the project. He recommended adoption of the resolution and ordinance, such to conditions. Mayor Snyder noted the public hearing was still g= and invited testimony from the applicant. MR. WENDELL HINDLEY, Downey Savings & Loan, commended Mr. Smith on his presentation and for covering aspects of concern to the Council as well as measures and steps taken to mitigate those concerns. He said because several members of the Council had expressed concern with perimeter sidewalks, they had tried to give them special treatment and would have 36 to 42 inches of mounding. With regard to the parking lot, he said he had considered to including 15 % for car ports because one of the Councilmembers had brought up the subject; however, the committee formed by Council at the last meeting had discounted the idea. With regard to the sign program, he said an exhibit to the leases would be added which would require that letters be specific sizes and individually lit. 18 la� MINUTES REGULAR PALM DES f CITY COUNCIL. MEETING FEBRUARY 14, 1991 With regard to the lone, free-standing building, he said there were several reasons to keep it as proposed. He said Downy Savings & Loan had been in business for over 35 years, and almost all of the branches were stand-alone buildings, which they felt was necessary for identity. He showed proposed elevations of the project, including the two comers and the Ross and Mervyn's areas. Councilman Crites said signage was important to the Council as well as to the developer, and he asked if there would be any objection to holding the sign issue until the Council has an opportunity to review and discuss it. He also asked if the applicant would object to continuing the stamped concrete effect in from Fred Waring around to the front of Mervyn's and along the frontages of the other stores. Mr. Hindley agreed to both. Upon question by Councilmember Benson relative to light standards for the project, Mr. Hindley responded that this had not been specifically addressed. He said there would be parking lot lighting as well as lighting in front of the buildings; the parking lot lights would not be the typical box lighting but would be more ornate. MR. HENRY HOYLE, property owner at the northwest corner of Parkview and Highway 111, said he endorsed the project 100% and felt it would bring a lot more retail business into the City. MR. SCOTT NELSON, Real Estate Manager of Mervyn's, said he felt this was an excellent project. He said Mervyn's had over 100 stores in the State and contributes 5 % of pre-tax profits back into the communities it serves. He added that like the City, Mervyn's was also concerned with the environment and recycling. MS. ERATO J. LEYN, 42-570 Christian Street, said she felt it was very important to have shade for the cars in the parking lots during the summer. MR. LENNIE ROLAN, 366 Red River Road, said he felt the landscaping would enhance the beauty of the project. Mayor Snyder invited testimony in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Council Comments/Questions- Crites; Said the City of Palm Desert had the strongest commercial shade tree parking lot ordinance in the State of California and had hired staff to enforce it. Suggested the following conditions (get from action minutes) IUO r MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 1991 Benson: With the City and its Art -In -Public -Places Committee doing one of the corners, hoped that the other corner did not end up with another treatment like the ARCO station on the corner of Highway I I I/Portola Avenue. Said did not want to see any signs on the fountain. Wilson: Appreciated the patience of the developer, architect, and everyone working on this project for the past several months. Felt this may have been a frustrating time but also felt everyone will come out with a better project, and he commended the developer. &Uy; Said he had enjoyed working on the subcommittee formed by Council and felt this was a good project. Councilmember Benson asked whether the trellises for the parking lot should be sent back to Architectural Review Commission (ARC) to see if it could be done. Mr. Smith responded that this would be taken through the ARC as part of the normal processing. With regard to the DSL building itself, Councilmember Benson said she had not seen any pictures of what it would look like but would wait until the ARC reviews it, and Council could bring it up if it did not like it. Councilman Crites suggested the following additional conditions be imposed on the project, if approved: 1) That the sign program come back to the City Council for review as well as parking lot requirements; 2) That the City have the ability to use the corner of Highway I I I and Parkview Avenue for a public art entry statement that is acceptable both to the City and to the property owner; 3) Reaffirm that the fountain in the courtyard near Highway I I I and Parkview Avenue be designed to be interactive with people in the courtyard; 4) That the stamped concrete be brought in from Fred Waring Drive to Mervyn's and continued along the store fronts over to Parkview Drive; 5) That the developer and/or the landscape firm hold discussions with the Living Desert Reserve or the Coachella Valley Water District in terms of asking for a living garden to see if they would pick up the maintenance and maybe the planting. He noted that the C.V.W.D. was looking for such a project and perhaps so was the Living Desert Reserve. Councilman Wilson moved to: Waive further reading and adopt Resolution No. 91-4 approving a General Plan Amendment, Case No. GPA 90-2; waive further reading and adopt Ordinance No. W, approving Change of Zone 90-7; waive further reading and adopt Resolution No. 91-1, approving Precise Plan of Design No. 90-13, subject to the five conditions outlined by Councilman Crites. Councilman Crites seconded the motion, and it carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW CONSTRUCTION OF AN 80,300 SQUARE FOOT COMMERCIAL RETAIL CENTER ON AN 8.5 ACRE SITE AT THE SOUTHEAST CORNER OF FRED WARING DRIVE AND TOWN CENTER WAY. (Continued from the Meeting of January 10, 1991.) ENJOY DEVELOPMENT. APPLICANT. Mr. Drell reviewed the staff report, noting that one item left from the last meeting dealt with a vehicular link between this development and the Palm Desert Town Center. He 20 73-5 t o FRED WARING DRIVE PAL.Ni DESERT, CAUFORNIA 9226o-2573 TEL: 760 346-o6r i FAX: 760 34 t-70g3 intijW palm-dewrt.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: February 9, 2011 Mr. Brian Arial 8 Mills Place Pasadena, CA 91101 Re: Case No. ZOA/CUP 10-228 The Planning Commission of the City of Palm Desert considered your request and took the following action at its regular meeting of February 1, 2011: THE PLANNING COMMISSION APPROVED CASE NO. ZOA/CUP 10- 228 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2543, SUBJECT TO CONDITIONS. MOTION CARRIED 3-1 (COMMISSIONER LIMONT VOTING NO, COMMISSIONER CAMPBELL ABSENT). Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. Lauri Aylaian, Secretary Palm Desert Planning Commission /tb cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal Fife MINUTES PALM DESERT PLANNING COMMISSION February 1 2011 VI. APPROVAL OF MINUTES Request for approval of the January 18, 2011 meeting minutes. Action: Commissioner De Luna moved and Commissioner Schmidt seconded the approval of the January 18, 2011 meeting minutes. Motion carried unanimously 4-0 (Commissioner Campbell ABSENT). VII. CONSENT CALENDAR A. Case No. Case No. PMW 10-232, Donald J. Merlino, and Big Horn Homeowners Association, Applicants Approval of Parcel Map Waiver (PMW 10-232) to adjust the west parcel line of lot 20 of Tract No. 25296-3 to accommodate existing walls constructed at 607 Rocky Creek, Palm Desert, CA 92260 (APN 771-470-010). Action: Commissioner Tanner moved and Commissioner Schmidt seconded the motion to approve case the consent calendar by minute motion. Motion for approval carried 4-0 (Commissioner Campbell ABSENT). Vill. PUBLIC HEARINGS Chair Limont stated that anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. ZOA/CUP 10-228, KKE Architects, Applicant. Recommendation to City Council for Approval of: • 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 Ordinance to allow supermarkets not exceeding 70,000 gross 3 MINUTES PALM DESERT \ \ _ COMMISSION February1 square feet as Conditional Uses In the Regional Commercial PC(3) Zone; and • Exterior Modifications and a Tower Element (as provided for by PDMC 25.56.300) to increase the west tower element from 34 feet to 40 feet located at 72-280 Highway 111; 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). Assistant Planner, Kevin Swartz orally presented his staff report and PowerPoint presentation to the Planning Commission. The current restrictions on the PC 3(4) zone do not allow a grocery store larger than 50,000 square feet. There is an Albertsons located on Deep Canyon Drive that is zoned PC 2 and is 62,000 square feet. Vons is currently located at 72-675 Highway 111. The corporate office recently shut down their Rancho Mirage location at Highway 111 and Bob Hope Drive. They are looking to close the Palm Desert/Highway 111 location and relocate to a larger location where they may expand their product line to better compete with rival grocery stores. The building totals 70,638 square feet, but Vons would only use about 57,000 square feet. The rest of the building would be divided into three other spaces. The exterior modifications to the buildings include [in part] new sliding glass doors, new metal trellises and new windows. There would also be added stone veneer to the columns and a raised tower to a height of 40'. These modifications were approved by the Architectural Review Committee. The traffic analysis was reviewed by the City's Transportation Engineer. A noise impact analysis was performed and the findings reviewed by City staff. Staff added conditions of approval to mitigate the potential noise impact to the neighbors by extending the block wall at the loading dock to 24' in length and 8' in height to block the sound of the trucks. Conditions 24-31 were added to the list of conditions and have been reviewed by the applicant. The applicant would like to amend condition number 24, letter 'O' (page 10 of the resolution) to add an exception permitting trucks to stay overnight prior to the Thanksgiving and Christmas holidays. Staff recommends approval of the zoning ordinance amendment and is ready to answer any questions. S MINUTES PALM DESERT PLANNING COMMISSION February 1, 201 Commissioner Tanner began by asking about the existing block wall and how tall it is. Mr. Swartz stated that it is 6' high now. Commissioner Tanner asked if there had been any discussion about the possibility of enclosing the loading area completely. Mr. Swartz said that in the current set of conditions, Condition number 31 states [in part] that the applicant will be required to enclose the loading tunnel in the event that there are further noise issues raised by the neighbors. Commissioner De Luna asked about the frequency of trucks delivering to the grocery store, and would that number be significantly different from the number of trucks that delivered to Mervyns. Mr. Swartz deferred that answer to the applicant. He did state that he believes that the delivery trucks do not 'beep' when they back up to a loading dock. The refrigeration and the trucks are turned off during loading and unloading. Commissioner De Luna stated that upon personally viewing the loading dock area, she noticed that three of the adjacent neighbors ,are even closer than the others. With the frequency of the deliveries, have these neighbors been considered? Mr. Swartz stated that again he would defer to the applicant. Commissioner De Luna ended by speaking about traffic flow. She noticed that coming in and out of Fred Waring is a right turn only and that would cause a `traffic snarl' with the increase in traffic since Highway 111 and Fred Waring is quite busy. Commissioner Schmidt began her question by asking about if there were any other buildings in the City that are located in a PC 3 zone that a supermarket of this size could occupy. Mr. Swartz stated that Bristol Farms and Albertsons on Deep Canyon are close in size to this newly proposed Vons size, but that neither is 70,000 square feet. Hearing no other questions, Chair Limont declared the public hearing oven. Mr. Brian Arial is the principal architect of KKE Architects, 8 Mills Place, Pasadena, CA who represents the project. Mr. Arial offered to answer any questions, and added that Mr. Brian Braaten from Vons and Mr. John Criste from Terra Nova are also present to answer any questions. Regarding the Commissioner's question about frequency of the trucks, Mr. Arial stated that only one grocery tuck comes once per day, seven days per week. There are usually three frozen trucks that come three times [variable] per week and one dairy truck three times per week. All trucks stagger their deliveries throughout the week to prevent backlogs at the loading dock. Smaller trucks from the chip and soda vendors do make infrequent deliveries, but they deliver to the front. 5 MINUTES PALM DESERT PLANNING COMMISSION -• 1 Commissioner De Luna asked specifically about the trees around the building and how they block the taller tower and its signage. She wanted to ask the architect if they could instead make the roof line 'band' align with the column band, with more mass at the base, instead of cutting the band and making the column stand out even more. She wanted to see the base of the tower increased to be more 'grand' without obstructing any pedestrian traffic. She also mentioned' that she'd like to see the columns increase in size and possibly use more of the stone veneer. She likened them to appearing like a big "linebacker with skinny legs". With regards to the trees that are blocking views or signage, what will be done with those? Mr. Arial stated that there are a few palm trees that will be relocated. If there are any dead or dying trees, those will be replaced. Commissioner De Luna stated that she understood that, at the time of the original approval, the economic conditions, the time and the needs of the neighborhood were all very different. She wanted to impress upon the applicant that if this type of project is going to be undertaken, then the aesthetic modifications should make a statement and reflect this type of project. Commissioner Schmidt asked about the other three spaces in the center that would be created and what did the applicant have in line for those spaces, if anything. Mr. Brian Braaten of Vons Corporation -Real Estate Division, 218 E. Newman Avenue, Arcadia, CA, answered by saying that they have been very active about courting various businesses to fill those locations (e.g. sporting goods, fitness centers). His goal is to bring new life to the shopping center and is pleased that this project will divide up the entire 80,000 square foot space into smaller segments to allow other interested tenants to fill a very large (and difficult) space. Commissioner Schmidt asked more specifically who might the other tenants be. Mr. Braaten indicated that they would be looking for dry -goods, non- food stores unless a cafe (like Starbucks) wanted to occupy the smallest of the three spaces created. Commissioner Schmidt clarified that the overall project would be 57,000 square feet for the grocery store, not the 70,000 that was being requested. Mr. Braaten said that a grocery store of today needs over 60,000 square feet in order to meet the needs and compete in today's market. He stated as an example A MINUTES 11_ESERT PLANNING COMMISSION February1 that years ago, there was not any bottled water, and now there are nearly two aisles dedicated to water today. Commissioner Schmidt asked if that third space could be a restaurant if one chose to occupy that space. Mr. Braaten stated that was a possibility depending on the needs of the tenant. He also wanted to make an additional comment reminding the Commission that if the applicant had been anyone else but a grocery store, then they wouldn't be required to offer up the amenities and incentives that are being asked of Vons (loading dock, truck noise, outward aesthetics); and, that this can be a positive step to revitalize the shopping center and benefit everyone. Commissioner Schmidt stated she wasn't convinced that the wall would mitigate the noise and do anything other than make it harder to get the trucks in and out. But she did appreciate the fact that Mervyn's also had trucks come in there to deliver. She wanted to also state that she did not like the tower and that it would only detract and create an exception to a stead -fast rule held in Palm Desert. Mr. Braaten stated that he appreciated and understood the idea behind the rule about which Commissioner Schmidt spoke, but wanted to counter by saying something, from the standpoint of a retailer that just closed down stores in Rancho Mirage and Palm Springs and soon in Palm Desert: visibility is everything and these stores, in addition to being small, were not visible. He said it's difficult to have retail and then require the retailer to hide their brand name; that those opposing forces can lead to visibility problems and later, viability problems. Commissioner De Luna asked one final question about the loading dock bays. She said that she thought that the rubber gasket along the bays would further help keep the noise quiet and also protect the trucks. Mr. Braaten said that was indeed correct and the rubber also helps seal the bay and the truck against the elements (heat, cold) and keeps the food fresh while unloading. She asked how many feet from Highway 111 the tower is, approximately. Mr. Swartz said that it was nearly 400'. Commissioner Tanner posed the question about the number of signs that would be used. Mr. Braaten said that Vons would have two signs (one for each side of the store) and if there is a Starbucks or a Pharmacy, they too would have a sign next to 'VONS" but smaller, alerting the public that is what the store offered within. The other tenants would only have one sign each. Commissioner Tanner 7 MINUTES PALM DESERT PLANNING COMMISSION - • 1 mentioned this because he wasn't sure that would be allowed under the Palm Desert sign policy. Mr. Swartz spoke saying that this would require a sign program and go before the Architectural Review Committee. Mr. Arial wanted to clarify that Mervyn's had four loading docks and the Vons store would only utilize two. The other area would be used to create an enclosed trash enclosure. Commissioner Limont asked for anyone IN FAVOR to come and speak. Susan Hayes, 73050 Guadalupe Ave, Palm Desert approached the podium to speak in favor of the project. She has been an employee of Vons for nearly 29 years and she currently works at the Pavilion's store. She worked previously for the Rancho Las Palmas store in Rancho Mirage. She has experience with deliveries and stated that Vons' trucks don't 'beep' when they back in. She stated that she knows that the Palm Desert store is terribly undersized and very tight and isn't well seen behind the bank (Washington Mutual). She stated that she heard people saying that they didn't even know the store was there because it was hidden behind the bank. She also indicated that, to her knowledge, there weren't any complaints from the Rancho Las Palmas residents about noise of that store, which was located quite close to the residents there. She asked that the Commissioners vote favorably for this project. Ronald Groves of 72450 Cactus, Palm Desert approached the podium to speak about the project. He lives at one of the homes that is directly affected by the store and spoke favorably of the project. He asked that the Commission consider the noise from the garbage trucks and big rigs that deliver (he stated he drove one himself for over 30 years), but aside from that, he is in favor of the project. Chair Limont, hearing no other testimony declared the public hearing closed. Commissioner Tanner commented that our demographics have changed dramatically and the Coachella Valley sees more transient residents, but Palm Desert has seen more permanent residents and we must look out for them too. He sees that this could only be an improvement for Palm Desert and would like to see staff and residents and Vons come to an agreement to make this project happen, provided that all of the conditions discussed tonight are met. n MINUTES PALM DESERT PLANNINGCOMMISSION February1 Commissioner De Luna added that she ordinarily doesn't vote in favor of gratuitous height but sees the need for it in this instance. She also stated that she saw the wisdom that the 'founding fathers' had by not allowing a grocery store in that location, but she appreciates the fact that times and economics and even the very nature of that street corner has changed since the decision not to allow grocery stores was made, and this gives her way for reconsideration. By addressing the noise concerns and working with the neighbors, she will be in favor of this project. Commissioner Schmidt asked a question of the City Attorney, Dave Erwin, about the resolution, page 11. She wanted to know that in approving this resolution, are we, the City allowing stores to be built starting at the 70,000 square foot marker? Mr. Erwin stated that this is only increasing the square footage from 50,000 to 70,000 for supermarkets, as a maximum. Commissioner Schmidt understood and wanted to be certain her colleagues also understood the language as presented. Chair Limont commented on a few items mentioned tonight, namely traffic. She stated she is not in favor of the project as presented. She went to the location at various times of the day and noticed that there was always a lot of traffic in that area. She posited that the original Council that made the decision at the time did so because of traffic. And if there were traffic issues in 1990, then there certainly would be today. She said that she would love to see the shopping center reinvigorated, but didn't feel like this was the venue to do it. The item that bothered her the most was a letter that was sent from Vons to Mayor Finerty in August 2010. Commissioner Limont stated that certain inaccuracies within that letter caught her eye and stated that anyone who is willing to invest more than $12 million dollars should do their due diligence on the matter. Palm Desert prides itself on transparency and the mention of this "hidden requirement' for no grocery stores does not float with her. Palm Desert archives the minutes and the regulations and they are available to anyone. Chair Limont stated that within a few miles, she counts at least three different grocery brands and the claim that a grocery store is needed isn't accurate. Therefore, due to the above mentioned concerns, she will not be able to vote in favor of it. In response to a question from Commissioner Tanner, Ms. Aylaian clarified that this project will not go before Architectural Review again. The signage is separate and that will go back to the ARC. Commissioner Tanner amended his motion for approval to include that E: MINUTES _ll DESERT PLANNINGCOMMISSION February1 the sign conditions be met. Chair Limont seconded to bring the motion to a vote. Commissioner Schmidt asked about the square footage and how that would affect future resolutions to allow other businesses and groceries to open up to 70,000 square feet. She feels like this is a `Pandora's box' and would just like to vote on Vons at that location. Commissioner De Luna asked how many sites are left in the City that are large enough to accommodate anything near 70,000 square feet. Mr. Swartz stated that in the PC 3 zone, there is nothing left that fits that criterion. Commissioner Schmidt asked why the amendment to the zone was written this way. Mr. Swartz stated that it was just written that way to allow for this improvement. But if the Commission wished, the language could read 60,000 square feet instead. Chair Limont stated that the Commission is to approve this or deny this as written, and she further stated that conditions can be inserted on approval. Mr. Erwin stated that tonight's function is to recommend or deny what is written before the Commission. If the Commission wishes to change a recommendation, then they are free to do that. The Commission is free to recommend a change in tower height or square footage, whatever they wish to present to the City Council. Commissioner Schmidt asked if the recommendation could be site specific. Mr. Erwin said no, a change of zone is for the entire city. She asked her fellow commissioners if 60,000 was acceptable. Commissioner Tanner said that there was already a motion on the floor, but he'd be happy to change the motion if '60' was the consensus. He stated that he was ok with `70', but if `60' is what it will take to get this passed, he'd amend his original motion. Commissioners Tanner and De Luna both agreed that `60' is just fine. Commissioner Tanner amended his original motion to say, that along with all of the other conditions mentioned tonight, that the maximum allowable square footage would be 60,000 square feet for a grocery store. 10 PALM DESERT PLANNING COMMISSION February 1, 201 Action: Commissioner Tanner moved and Commissioner Limont seconded the motion to approve case ZOA/CUP 10-228 with conditions. The motion carried for approval 3-1 (Commissioner Limont voting NO, Commissioner Campbell ABSENT). Commissioner Tanner moved and Commissioner Schmidt seconded adopting Planning Commission Resolution No. 2543, recommending approval of ZOA/CUP 10-228 with conditions. Motion carried 3-1 (Commissioner Limont voting NO, Commissioner Campbell ABSENT). IX. MISCELLANEOUS Action: Action: A. Villa Portofino Discussion Discussion of terminating for cause a Senior Housing Development Agreement ("Development Agreement") with Royce International for the development of Villa Portofino due to default by the developer. Due to lack of quorum, after abstentions by Commissioners De Luna and Tanner, Chair Limont continued the matter to the Planning Commission meeting of Marchl , 2011. B. Case No. CUP 10-413 West Coast Barber College A resolution of the Planning Commission of the City of Palm Desert, California, denying a Conditional Use Permit to allow the use of a Barber College at 74-350 Alessandro Drive, Suite A-1, located in the R-3(4) Zone, (Residential Multiple Family). Ms. Aylaian informed the Planning Commission that at the January 18, 2011 meeting, the Planning Commission directed staff to create a resolution of denial for this matter and that is what is before the Commission tonight. The public hearing has already been closed and does not need to be reopened for this matter. Commissioner De Luna moved and Commissioner Tanner seconded approving the findings and recommendation for denial as present by staff. Motion carried 4-0 (Commissioner Campbell ABSENT). 11 August 11, 2010 7;-5 to FRED WAR ING DRlf F P-um DFsFRr,(A[AFORNf.AOzzho—j78 TEL: 760 346—o61I infol-1 c inntpalnutc-morg ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: ZOA/MISC 10-228 APPLICANT (AND ADDRESS): KKE ARCHITECTS, Brian Arial, 8 Mills Place, Pasadena, CA 91101 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of exterior and interior modifications to the old Mervyns building for Vons grocery store and three future tenants; and a height exception for a tower element. The building totals 78,638 square feet. Vons would be utilizing 56,877 square feet; Vons. LOCATION: 72-280 Highway 111 ZONE: PC (3) Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission granted approval subject to: 1) review and approval of ADA path of travel; and 2) landscape reviewed and approved by Landscape Specialist. Date of Action: August 10, 2010 Vote: Motion carried 4-0-1-2, with Commissioner Touschner abstaining and Commissioners Levin and Stendell absent. (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re -submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. ARCHITECTURAL RE LW COMMISSION MINUTES August 10, 2010 RV back onto her property. Ms. Chandler asked how long she had to remove the trailer and Mr. Swartz stated 30 days. Commissioner Gregory stated there was a motion and a second, and called for a vote. ACTION: It was moved by Commissioner Lambell and seconded by Commissioner Van Vliet, denied Case RV 10-188 due to not being 100% screened. Motion carried 5-0-0-2, with Commissioners Levin and Stendell absent. . 6. CASE NO: ZOA/MISC 10-228 APPLICANT (AND ADDRESS): KKE ARCHITECTS, Brian Arial, 8 Mills Place, Pasadena, CA 91101 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of exterior and interior modifications to the old Mervyns building for Vons grocery store and three future tenants; and a height exception for a tower element. The building totals 78,638 square feet. Vons would be utilizing 56,877 square feet; Vons. LOCATION: 72-280 Highway 111 ZONE: PC (3) Mr. Swartz presented the project and summarized the staff report. On February 14, 1991, the City Council approved Resolution No. 91-5 allowing DSL Service Company to construct a 190,394 square foot retail and commercial center know as Waring Plaza. Mervyns was the previous anchor tenant for approximately 12 years. Today the building is empty and Vons grocery store is requesting to relocate from their Highway 111 location. Vons is requesting minor exterior modifications to update the building, and a height exception to increase the west tower element from 34' to 40'. The applicant is requesting the tower increase for signage. The property is zoned PC (3), which has a maximum height of 35'. The zoning ordinance does allow for height exceptions for architectural tower elements to enhance the architecture not to create a taller element for signage exposure. In addition, raising one of the two towers would negatively impact the overall building design by creating two unbalanced tower elements at different heights. The exterior modifications are minor, but will revive the overall appearance of the building and the commercial center. Mr. Swartz stated that staff GAPlanningWanine Judy\Word Files\: Minutes\201TAR100810min.doc Page 12 of 15 ARCHITECTURAL RL _ .1EW COMMISSION MINUTES August 10, 2010 will go to City Council on August 26, to request the condition be removed. Mr. Brian Arial, KKE Architects stated that as you know retail today is very difficult. One of the reasons Vons was attracted to this project was this building. They feel it offers good visibility along Fred Waring, but limited visibility along Highway 111; which is the major thoroughfare. The increase in the tower height is important to them because of visibility. The building sits backs close to 400' off Highway 111. This tower is internal to the project but it also offers an icon for people shopping in the center to find the front doors of Vons, as well as a visual element as you are driving by. The symmetry of the building is problematic it is a 300' store front with two matching towers on each side and we feel that the height difference breaks up that symmetry. We feel adding the extensions onto the canopy further break up that long mass. They are hoping they can get the tower increase. They feel that it is this community's advantage for Vons to do well in this location so there isn't a dark box several years down the road. Mr. Swartz stated that the existing building is 78,638 square feet and Vons would be using approximately 57,000 square feet of the building. The remaining square footage would be divided between three future tenants. He also pointed out that the current onsite landscaping has not been maintained and is in need of being replanted. The applicant has submitted a preliminary maintenance landscape plan, which has been reviewed by the Landscape Specialist. Comments from the Landscape Specialist have been returned to the applicant. There is also a path of travel that is shown on Highway 111 that the applicant will have to show that it meets current ADA standards. Commissioner Vuksic stated that he didn't have a problem with the tower because from the Highway 111 elevation he likes what it does. From a composition standpoint, a tower is forced to be down near the height of the rest of the architecture. Mr. Swartz stated that staff was concerned because the tower is where the signage would be located. So the increase of the tower is basically to put up a larger sign. He asked the applicant if this is granted an exception but the sign has to be lowered, would they still go forward with the tower. Mr. Arial thought so, but he would defer that decision to his client. Commissioner Vuksic felt that it wasn't appropriate to have a tower just to have a sign on it, but he liked the tower. GAPlanningUanine Judy\Word Files\A Minutes\20101AR100810min.doc Page 13 of 15 ARCHITECTURAL RI EW COMMISSION MINUTES August 10, 2010 Commissioner Van Vliet asked what height the sign can be and Mr. Swartz said 20' and as proposed it is 34'. He also pointed out that the entire building would have to go through a sign program. Commissioner Van Vliet didn't have a problem with the tower. Commissioner Lambell stated that if you are going westbound on Highway 111 you are never going to see the Vons sign on the front of the main entrance. The only place you can see the Vons sign is on Fred Waring. Coming eastbound on Highway 111 is even worse because you don't have any glimpse of that corner. You are not going to know it is there unless there is a monument sign placed somewhere. Mr. Swartz stated there is a monument sign on the corner and their name would appear on that. Mr. Ariel stated that Vons did some sight studies with their signage company with visual drives and flags to identify the proper height of the tower. Commissioner Lambell said she sees the need for signage. Commissioner Gregory asked if the height mounted sign wasn't allowed would they still want the tower and Mr. Arial thought so, but would have to defer that decision to Vons. Mr. Arial believed that the current Mervyn's sign is higher than 20% closer to 30' plus. Mr. Swartz stated that the sign program changed earlier in the year. ACTION: It was moved by Commissioner Vuksic and seconded by Commissioner Lambell, to grant approval of exterior and interior modifications and a recommendation to the City Council for a height exception subject to: 1) review and approval of ADA path of travel; and 2) landscape reviewed and approved by Landscape Specialist. Motion carried 4-0-1-2, with Commissioner Touschner abstaining and Commissioners Levin and Stendell absent. 7. CASE NO: SA 10-252 APPLICANT (AND ADDRESS): VILLAGIO PIZZERIA, 37-029 Cook Street, Suite 1, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of a logo cabinet; Villagio Pizzeria. LOCATION: 37-029 Cook Street, Suite 1 ZONE: PC (2) GAPlanning\Janine Judy\Word FilesW Minutes\2010\AR100810min.doc Page 14 of 15 REALTY TRUST GROUP o February 7, 2011 U City of Palm Desert y Attn: Mayor Jean Benson 73-510 Fred Waring Drive Palm Desert, CA 92260 3 RE: Vons Application for approval REQUEST FOR APPROVAL Waring Plaza NEC Hwy 111 and Fred Waring Drive Palm Desert, CA rn o My name is Andy Weigel, and I am a managing partner for Realty Trust Group. We are commer- cial real estate investors and developers with retail holdings in 12 states, many of which are Safe way grocery anchored. While we were not a party to the acquisition of this site by Safeway, we have owned the majority of the adjacent parcels that comprise Waring Plaza since 1994. We have been residents of Palm Desert since 1987, and presently our family continues to reside at 355 Crestlake Drive much of the year. LO rn N You already have my letter of August 17, 2010 which I read into the record at the August city council meeting, whereby we positively endorse and recommend the city's approval of the issue U before you. o While this decision will certainly affect in the short run some merchants of Palm to Pines adverse- ly, please remember that Waring Plaza represents some two dozen merchants eager to see the city vote in favor of Vons tonight. 0 First, may I say that although we were not the primary developers of Waring Plaza, the present restriction to the size of grocery stores permitted was and has been until recently rediscovered, x unknown to us. This, despite almost two decades of ownership and management. I understand that does not change the facts on record. But it should speak to the relative obscurity of this re- striction until recently. Our investment into both Palm Desert, and this trophy location was predicated on it's outstanding Hwy 111 location, as a gateway to the city. While much has changed over the years, the im- 0 portance of this location - as the primary entrance from the desert cities to the west along Hwy N 111 and continuing down both Hwy 111 and Fred Waring Dr to the desert cities in the east- cer- tainly has not changed. U : Accordingly, please allow me to make a few observations. v U Of course, having the largest retail vacancy in the city sitting dark and decaying for the past three °p years is no small blight to the community. Tonight you have perhaps the only opportunity with a Fortune 50 retailer to change that. 3 - Page 1 of 2 Page 2 of 2 While you have before you a high quality Fortune 50 retailer ready and willing to invest substantially at this Hwy 111 location, it does seem a bit ironic that if this council does not vote in favor tonight, alternatives have already been presented for uses like an indoor swap meet, which given the broad zoning of this site could get a certificate of occupancy without any present restrictions. We have already received these kinds of lease inquiries. Please don't allow that to happen. Your approval of this motion would be a catalyst for the additional capital spending needed to bring the entire center into concert with the architectural improvements proposed by Vons. The turning point for a brighter future at the Hwy 111 gateway to our city is before you tonight, if you, the city council, indeed want it. So what would stand in the way of your approval tonight? Would it be environmental impact? The environmental studies, signed off by the City's Community Development Director, conclude "the environmental factors that have the potential to be impacted by the project have been reduced to levels that are less than significant." Would it be the traffic? The traffic impact analysis reviewed by the city traffic engineer, concludes that the proposed Vons is not expected to cause significant traffic effect. What about the noise? By conforming to the city noise ordinance and mitigation measures, the project is expected to have a less than significant near term operational and long term cumulative effect. But what about the impact from relocating Vons? As landlords, we certainly do sympathize with Palms to Pines. But frankly we're a bit puzzled by the mayor's sympathy. • Where was this sympathy when Circuit City relocated from Waring Plaza and expanded to Desert Crossing? • Where was this sympathy when Barnes and Noble relocated and expanded to the mall? • Where was this sympathy when Dansk Design relocated and expanded to the mall? Perhaps had we been noisier in our objections, we could have delayed the inevitable as well. But despite our objections at the time, these vacancies led the way for the expansion and relocation of new merchants like The Alley and Big 5, and now Vons. Perhaps this helps explain why, according to the CEQA study, mandated by and signed off by the city, the experts conclude "based on the physical conditions, current mix of tenants, and the relatively low vacancy rate at palm to pines center, the closing of Vons at this location is not expected to have significant adverse impacts as defined by Section 15131 of the CEQA guidelines." From our experience, that vacancy will simply open the door on for needed redevelopment, relocations and expansions along the El Paseo corridor. We submit that these independent studies speak for themselves, and clearly support the motion before you. Indeed, any other position - while demonstrating sympathy to a few smaller merchants - could not in the end be supported legally, financially, or equitably. Therefore we have every confidence that, in the end, this council will consider not just the impact this decision will have on a f4v shadow merchants who always need to adapt, but that you will conclude for yourself the overwhelming long term bene}fts the relocation of Vons brings to our city - as a whole. 1/ / Thank you 21 bertWeibel,`ffresWnt aM General Counsel T 10- 4;aL E-wy) 80250 Highway 111, Indio, CA 92201 (760) 347-7200 Fax: (760) 345-1076 Email: The AlleyCi>Ahealley.info February 10, 2011 City of Palm Desert Attn: Mayor Jean Benson 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Vons Application for approval REQUEST FOR APPROVAL Waring Plaza NEC Hwy I I I and Fred Waring Drive Palm Desert, CA We have a location in Waring Plaza and hope the city will approve Vons' move to our center. Our business has been adversely effected by the departure of Mervyn's (as well as the recession) and we believe the addition of Vons would revitalize our center. Waring Plaza is highly visible along the west Highway I I I entrance to Palm Desert and a large, empty 80,000 sq ft building is not the best advertisement for a such a vibrant city. A new Vons and the ensuing refurbishing of the parking lot would present a much better welcome to the city. Since our center is relatively small, the addition of Vons will have a major impact. The traffic created will increase sales for the surrounding merchants exponentially. Its departure form Palms to Pines will probably not have as much of an impact since the center is so large. We realize that filling in this space in our center will create an empty in the Palm to Pines center, but the move would over-all be a plus for Palm Desert. Sincerely, s William Marek Owner [01bank. Five Star Service Guaranteed *� Palm Desert Highway 111 72260 Highway 111 Palm Desert, CA 92260 760.773.1031 760.340.4571 fax February 18, 2011 City of Palm Desert Attn: Mayor Jean Benson 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 RE: Vons Application of approval REQUEST FOR APPROVAL Waring Plaza NEC Hwy I I I and Fred Waring Drive Palm Desert, CA Dear Mayor Benson; As a Branch Manager for US Bank and an ardent community partner, I and my staff serve the Palm Desert community, both consumer and business. We have heard frequently from our customers, at our Waring Plaza location, voicing their hope that Vons will have a supermarket presence in this center. We agree, and join our fellow businesses in urging for your approval of the Vons request. With their presence, Waring Plaza will again flourish for residents and small businesses alike. Thank you, Nancy Stuart Branch Manager, AVP 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 tax 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 1 11. • 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, I- . A I A I n hort DEBUT • European Hair Design 760 413 0394 cell Dr.Joseph Rehak D.D.S. Desert Dental Associates 72-210 Hwy 111 Ste E-1 Palm Desert, Ca 92260 Phone 760-773-2111 Fax 760-773-2611 Dr. Joseph Rehak D.D.S. Desert Dental Associates February 8, 2011 City of Palm Desert Attn: Mayor Jean Benson 73-510 Fred Waring Plaza Palm Desert, CA 92260 Dear Mayor Benson, As a merchant of Fred Waring Plaza and local resident of Palm Desert, I am writing to express my full support of the opening of a VONS store at our center. My business, Desert Dental Associates, has experienced a decrease in customers since the closing of Meryvn's three years ago. I have made a significant investment into our location in Fred Waring Plaza and in the City of Palm Desert. Each year since the Meryvn's closure, I have been forced to consider relocating in order to survive. I therefore find myself very sympatric to Vons' decision to relocate their current store. If a business believes they need to relocate in order to succeed, then that is what they will and should be allowed to do. It is my understanding that the primary concerns regarding this project are noise, traffic and the future of the current Vons space at the Palms to Pines mall. If we look at other grocery stores in close proximity to residential homes such as the Albertson's on Deep Canyon, the noise issues associated with a grocery store can clearly be mitigated to acceptable levels. The traffic study performed and approved by the City shows that there is no significant traffic impacts and that a contrary notion is nothing but a false perception. Lastly, it speaks very highly of Vons to state they will put every effort into finding a replacement tenant for their space at Palms to Pines. Whether or not they are successful should have no bearing on what I see to be strictly a land use issue. The studies justify the amendment of the resolution and the potential vitality of allowing grocery. A new VONS at Fred Waring Plaza will not only benefit all of our businesses in Waring Plaza but will revitalize the entrance to the City of Palm Desert and prove to be a net increase to residents. Please approve this project. Sincerely, D . Joseph Rehak 72286 Hwy 111, suite B Palm Desert, CA 92260 Ph-(760)837-3800 Dear City Council, As a resident and business owner in Palm Desert, 1 strongly support Vons and the proposed move to Waring Plaza (old Mervyn's building). This move would greatly improve a large city eye -sore in the empty Mervyn's building. Vons will be putting a tremendous amount of money into the City by renovating the building as well as revitalizing the center with a much needed and desired long term anchor grocery store. The addition of Vons will immediately rejuvenate the center as well as bring a lot of (much needed) new customers to the other retailers in the area. There is more than enough ingress and egress with a total of 5 (five) entry/exits. Also, the traffic studies have shown there is "No Impact" from any additional traffic Vons would bring to the center. All of my customers, employees as well as myself, fully support the Vons move. 1 have even had multiple customers tell me they would do more shopping in the center, if there were a grocery store in the center. We all know that once an anchor store like Vons, goes into the center, then "The Rest will come" (fill the vacancies, bring new business). This move is a win / win. It's good for Vons and it's good for our City. This move will produce new jobs, generate new revenues for the City and bring additional new businesses to the center. The current condition of this center is in need of help and definitely below the City of Palm Desert's standards and image. It is our duty as residents, business owners and City Council members to do everything we can to keep this City thriving and healthy ... and the Vons move will help do that as well as eliminate one of the biggest eye -sores the City currently has (empty Mervyn's building). This center needs Vans & needs the facelift as well as the improvements Vons is willing to make, and we all need the City Council's help in making that happen. Lastly, I would say, we all know how incredibly difficult it is to find an occupant that can occupy a building that size. So, if we do not support this move, we may never find a desirable tenant for that building. I again ask the City Council to please approve the Vons move, and I leave you with this question: If not Vons, then who??? Sincerely, Brent Schmi man Owner of Schmidy's Tavern February 14, 2011 City of Palm Desert Attn: Mayor Jean Benson 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Vons Application for approval REQUEST FOR APPROVAL Waring Plaza NEC Hwy 111 and Fred Waring Drive Palm Desert, CA As merchants of Waring Plaza and tax payers in the city of Palm Desert, we positively endorse and recommend the city's approval of the issue before you. Please vote in favor of eliminating the blight caused by the largest vacancy in the city for the past three years, by supporting Vons, a Fortune 50 retailer, in their investment in our city and this essential Hwy 111 entrance to our community. Thank you. M �&'Z�m"P Real Cslale mallager Big S sporling Goods H2, L. CI Segundo Blvd. Cl segundo, CA 902T), 13101297-7711 Direrl 13101297-761s I'm Professional Weight Control Centers A Nursing Corporation February 10, 2011 City of Palm Desert Attn: Mayor Jean Benson 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Von's Application for approval REQUEST FOR APPROVAL Waring Plaza NEC Hwy 111 and Fred Waring Drive Palm Desert, CA To Whom It May Concern: As merchants of Waring Plaza and taxpayers in the City of Palm Desert, we positively endorse and recommend the City's approval of the above issue. Please vote in favor of eliminating the blight caused by the largest vacancy in the city for the past three years by supporting Von's, a fortune 50 retailer, in their investment in our city and this essential Highway 111 entrance to our community. By this favorable vote, you will be helping many merchants in and near the proposed site. Professional Weight Control Center has been in Waring Plaza for 5% years, and for the first few years we did very well there. Since Mervyn's closed and the spaces on each side of our office became vacant, our business has gone steadily down until we are barely holding on. This Von's is our last hope. If they are not allowed to move into this new location, I doubt we will be able to stay in business —for sure not in Palm Desert. All of the comments we have heard from our patients are positive. They are looking forward to having this store in the neighborhood. Thank you for your consideration of our letter. Sincerely, �. Marcia K. Nash Corporate Office Manager Professional Weight Control Centers 72-270 Highway 111, Suite B-4 Palm Desert, CA 92260 72-270 Highway 111, Suite B-4, Palm Desert, CA 92260 Phone 760-346-5500 -- Fax 760-346-5504 February 10, 2011 City of Palm Desert Attn: Mayor Jean Benson 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Vons Application for approval REQUEST FOR APPROVAL Waring Plaza NEC Hwy 111 and Fred Waring Drive Palm Desert, CA As merchants of Waring Plaza and tax payers in the city of Palm Desert, we positively endorse and recommend the city's approval of the issue before you. Please vote in favor of eliminating the blight caused by the largest vacancy in the city for the past three years, by supporting Vons, a Fortune 50 retailer, in their investment in our city and this essential Hwy 111 entrance to our community. Thank you By - Company �I[�✓n - o b�71, Address MOM HNN59 RUPENK A7 2 2IZeSI 7 2- 2 7 0 H w y I I I Suite #13 1 Palm Desert C A 9 2 2 6 0 T e I : ( 7 6 0 ) 8 3 6 - 3 2 1 2 F a x ( 7 6 0 ) 8 3 6 - 3 3 4 2 SUBWAY 72286 HWY 111 STE.#J-2 PALM DESERT, CA. 92260 760-776-6844 760-776-6845 - FAX February 10, 2011 City of Palm Dese Attn: Mayor Jean Benson 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Vons Application for approval REQUEST FOR APPROVAL Waring Plaza NEC Hwy 111 and Fred Waring Drive Palm Desert, CA As merchants of Waring Plaza and tax payers in the city of Palm Desert, we positively endorse and recommend the city's approval of the issue before you. Please vote in favor of eliminating the blight caused by the largest vacancy in the city for the past three years, by supporting Vons, a Fortune 50 retailer, in their investment in our city and this essential Hwy 111 entrance to our community. Thank ou. t ANJU V A OWNER/OPERATOR February 11, 2011 City of Palm Desert Attn: Mayor Jean Benson 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Vons Application for approval REQUEST FOR APPROVAL Waring Plaza NEC Hwy 111 and Fred Waring Drive Palm Desert, CA As merchants of Waring Plaza and tax payers in the city of Palm Desert, we positively endorse and recommend the city's approval of the issue before you regarding VONS. Please vote in favor of eliminating the blight caused by the largest vacancy in the city for the past three years, by supporting Vons, a Fortune 50 retailer, in their investment in our city and this essential Hwy 111 entrance to our community. Thank you, sc�j By Company Address U0 �� v � PcJrA D -----s --e fb amm SHOES, INC. 72-270 .Highway 111, Suite B-9 - Palm. Desert, CA 92260 • Phone: (760) 346-2663 • Pax: (760) 346-0814 �ei�ey 9.4ao�/ A-7Wy: /n/9YA�2...Ci4�J��cC50�1 73•/3D�ED Cc�2/��A°ivE �. V�E-P/?6r -RYME Y59&,l 7hVS 8VD2/WO I�i9L�A�lT'a!JILD/Ake /.SAKI �YES�� itl !//S17M5 Aar13E61-P6= 4U Y-E. V4V-SIA)MW76A4576 O"A?15 1+677Fu6 &Ur49AV.E Ab aae. O&MIA17-Y MA) cwcy SE VI&J&b ASA ?L696e,: vorE Div }A�vae -OF uays iavEsrmEvr /AJ da L� 1 7D /hRkE -/Ye U7 Y OF l�Xm iD3m7- 72f,e-?Li4,86� ip %5N0 f'. Lvhws SA-S Sao s 7a-cl7o �v ui r71,qm`-pE-'zer; CAA 9�a Elsalon Waring Plaza 72-216 Hwy 111 Suite fl Palm Desert CA 92260 Febuary 10 2011 City of Palm Desert Attn: Mayor Jean Benson 73 -5 10 Fred Waring Drive Palm Desert CA As merchants of Waring Plaza and tax payers in the city of Palm Desert, we positively endorse and recommend the city's approval of the issue before you. Please vote in favor of eliminating the blight caused by the largest vacancy in the city for the past three years, by supporting Vons, a Fortune 500 retailer, in there investment in our city and this essential Hwy 111 entrance to our community. Thank You Brian & Elsa Listoe Elsalon February 11, 2011 City of Palm Desert Attn: Mayor Jean Benson 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Vons Application for approval REQUEST FOR APPROVAL Waring Plaza NEC Hwy 111 and Fred Waring Drive Palm Desert, CA As merchants of Waring Plaza and tax payers in -the city of Palm Desert, we positively endorse and recommend the city's approval of the issue before you regarding VONS. Please vote in favor of eliminating the blight caused by the largest vacancy in the city for the past three years, by supporting Vons, a Fortune 50 retailer, in their investment in our city and this essential Hwy 111 entrance to our community. Thank you, B� Company d Address F February 11, 2011 City of Palm Desert Attn: Mayor Jean Benson 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Vons Application for approval REQUEST FOR APPROVAL Waring Plaza NEC Hwy 111 and Fred Waring Drive Palm Desert, CA As merchants of Waring Plaza and tax payers in the city of Palm Desert, we positively endorse and recommend the city's approval of the issue before you regarding VONS. Please vote in favor of eliminating the blight caused by the largest vacancy in the city for the past three years, by supporting Vons, a Fortune 50 retailer, in their investment in our city and this essential Hwy 111 entrance to our community. Thank yo 14 %2,�fivG�4N B J ft=.��► �r�>� LAC, Company Address Resident Letters of Super NOTE: The majority of the residents adjacent to Fred Waring Plaza have submitted letters of support. KATHIE BROWNE 43930 Joshua Road, Palm Desert, CA 92260 Tel: 760-641-9429 February 14, 2011 TO: Palm Desert City Council Re: Proposed Vons at Fred Waring and Highway 111 Dear Sir or Madam: I reside behind the former Mervyn's building at the address noted above. I am very pleased to hear that you are considering a VONS MARKET at this site. I am very much in favor of the VONS MARKET going into this shopping center. There are no other markets close by. With the building vacant, we often get people hanging around/driving around in the parking lot, which I believe would be alleviated by having a nice, new grocery store at this site. I see no reason to deny VONS MARKET an approval to put a grocery store at this site. In addition, it should bring much needed traffic to the other retail establishments in this shopping center. Thank you, Kathie Browne February 11, 2011 City of Palm Desert Attn: Mayor Jean Benson 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 Re: Voris Grocery Store Relocation Dear Mayor Benson, I am a current Palm Desert resident and would like to voice my support for the relocation of the Voris store to Fred Waring Plaza. It is my understanding that you were apart of the original decision in 1991 to restrict grocery stores at Fred Waring Plaza. While I respect and understand your reasoning behind that decision, I believe that there is now strong evidence to support a grocery store at the Fred Waring Plaza. Much has changed since 1991 and there are numerous successful examples of grocery stores nestled in high -density residential areas here in the Palm Desert. The noise concerns can be mitigated. The traffic study approved by the City shows no significant impact. Admittedly, the points of egress and ingress are not ideal at the center but let's keep in mind that too was under the City's supervision back in 1991 and will affect any type of tenant going into that space. Further, while not ideal, the configuration of the center's entrance and exit are shown in the traffic study to have no adverse affect on street traffic. It is a false notion and perception to therefore think that traffic will be a detriment and grounds to deny the project. The old Mervyn's space has been vacant for three years and will most likely remain vacant for an even longer period of time should you deny Voris the right to relocate to this space. We are lucky to have a business that is willing and able to revitalize Fred Waring Plaza and restore a tremendous blight at the entrance to our City. Please take a fresh look at the current land use issues surrounding this project. It is my hope that you will view this project to be in the best interest of good planning and acceptable use of city code. I strongly encourage the City to approve this project. Sincerely, f 4-1 Von s olppl oy-) � � /8wrovl -�� 42-mv)IUl- ivv4-E vjcy*� ett • vovy� ck,. T A- , vu S 010 cu VAO- YN I C) (--,L rPk-c- Uc OA C, A Cvt CL A+u Cal of kv- kcLa C)\ ct rYt S r b-c, C� -/,, At t I January 4, 2011 John M. Wohlmuth City Manager City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 Dear Mr. Wohlmuth, I am a current Palm Desert resident and would like to comment on the Vons relocation to Fred Waring Plaza. It is my opinion that a new Vons store in Fred Waring Plaza would address the current blight left on this mall by the Mervyn's vacancy and bring a tremendous amount of new business to not just the mall but to the City as well. With the recent closure of the Vons in Rancho Mirage, this new store would recapture some of those customers and potentially bring increased tax revenue to the City of Palm Desert. The local tenants and neighbors of Fred Waring Plaza desperately need this new Vons store. I would be deeply concerned if local government decided that their role was to deny the decision of a business to relocate. In a ideal world, Vons will be able to quickly have another tenant move into their Palm to Pines location, however, the success of this should not play a role in the City's authorization to allow Vons to relocate into another space. It is ultimately the responsibility of the property owner of the Palm to Pines center as well as the economic development arm of the City to recruit new business. The denial of Vons' relocation could result in the store leaving the City of Palm Desert altogether and that is not in the best interests of the City or it's residents. Please do the right thing and approve this project. Yours truly, .mow i 7 2 o --- FSe 5' o �, m a p s grocery stores A. Ralphs: Store 27 74884 Country Club Drive, Palm Desert, CA - (760) 776-9821 6 reviews C. Trader Joe's 44250 Town Center Way # C6, Palm Desert, CA - (760) 340-2291 6 reviews E. Bristol Farms 73101 Country Club Drive, Palm Desert, CA - (760) 674-0169 23 reviews G. Walmart Supercenter 79295 California 111, La Quinta, CA - (760) 564-3313 4 reviews Albertsons 40101 Monterey Avenue, Rancho Mirage, CA - (760) 674-4769 4 reviews ' Slwfe JrQQ Dina: 5ho'c 11i 'A Hilk, >�r �1�y r(Su7 ref \ Q �.a cy Cattle ral Cit 0 `= 41 , '.,<ir• L .,I, Rancho Mirage �roP°s `d VOAJs Notes Grocery Stores near Palm to Pines mall and Fred Waring Plaza B. Jensen's Finest Foods 73601 California 111, Palm Desert, CA - (760) 346-9393 14 reviews D. Albertsons 42095 Washington Street, Palm Desert, CA - (760) 360-6322 3 reviews F. Vons 72675 California 111, Palm Desert, CA - (760) 346-2493 3 reviews H. Trader Joe's 67720 East Palm Canyon Drive, Cathedral City, CA - (760) 202-0090 12 reviews j. Fresh & Easy Neighborhood Market 72885 California 111, Palm Desert, CA - (760) 346-1521 10 reviews r r..y - I; zs r t'r X El o +iarik Srr.;stte rryi m Ci 38V5 Ave o 'QA Y� W c 4 0 _ G rt 7 Cuurlty Club Dr % ,n 4 0 h n C Q Bermuda ' ini `k-sr•r Dunes i� fted'itianny C. = (� CD Indian Wells t n '.. &0 0 7 m t^ rrrr ©2011 Google -Map @2011 Google - Karen and Rich Prusinowski 72806 Fleetwood Circle Palm Desert, California 92260 February 15, 2011 City Council City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 RE: LETTER OF SUPPORT — VONS RELOCATION TO FRED WARING PLAZA Dear Honorable Mayor and Members of the City Council: This letter is written in support of the relocation of Vons to the Fred Waring Plaza. We currently shop at Vons in the Palms to Pines Plaza and were very excited to learn of their plans to relocate to the Fred Waring Plaza. Vons is our store of choice because of the products they carry, their excellent prices, and courteous staff. We are excited about their new location not only because it will be closer to our home (we live off of Parkview), but because we feel that parking will be better and ingress and egress will be easier. We encourage your support of this project and a favorable vote on February 24 so that they can proceed with the relocation. Sincerely, A�l Rich and Karen Prusinowski Z/J1%11 ICA ig lei -'�-�• Yam'' � ' �rn�lf�" X.cta., �-fi/1r�usd_� !/.%�u.� �uZ ��JCeFe, �✓t' �1,-t%� Cyit�Zct �,,�--ate �i��.�C,� �. ' / ---- 6r7-�- 'kq,/ •S cv d /L �� Ii �C� �'rC �1 5oi -T �1m � i� <S«lcd� f �:t -f l� Une ��cL� � pl�i c� tviv- -Z ��VL C,44Lr I kR ✓e 2 Shwi/ l C 12, /o��-��� � o i't.�. i S �f � `�� - ��' � i s 3h-�.on �� 5-. 1 IA)b LIL (t(n f .� l,Jl�'��j `�,r S lei✓ i-�' � �hau9hl i� U✓v�.��'� �h�t���J �i� �-,��s i S -�1� ca- t /Pall � ���r�l�� � f -�; r� c� � y, �n y ll,a�k YiOIA I-I,L41 February 11, 2011 John M. Wohlmuth City Manager City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 Re: Von's Grocery Store, Palm Desert Dear Mr. Wohlmuth, I am a current Palm Desert resident and would like to voice my support for the relocation of the Vons store to Fred Waring Plaza. With the absence of a grocery store in this part of the City, I believe that a new Vons store in Fred Waring Plaza would prove to be a tremendous convenience for my family. I strongly encourage the City to approve this project. l incerely, Vgjef lit 1 1 Cfe z �--� Tuesday, February 15, 2011 11:35 AM Subject: Strong support for Von Date: Monday, February 14, 2011 7:38 PM From: Shirley Baird <schasbaird@gmail.com> To: Josh Zipperman <josh@BurkeRix.com> City Council -- I strongly support a Von in Fred Waring Plaza. This would be so much more convenient for me. Thanks. Shirley Chaska Baird Page 1 of 1 February 10, 2011 City of Palm Desert Attn: Mayor Jean Benson 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 Dear Mayor Benson, It has recently come to my attention that Vons is seeking approval from the City to relocate their Palm to Pines store to the old Mervyn's location in Fred Waring Plaza. If Vons believes that this move is critical to their survival and continued presence in the City of Palm Desert, then we must try to do everything we can to support the move. With the recommendation of City staff and noise, traffic and environmental consultants, I see no reason not to fully support the Vons relocation to Fred Waring Plaza. Please approve this pro Sincerely, January 4, 2011 John M. Wohlmuth City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Von's Grocery Store, Palm Desert Dear Mr. Wohlmuth, It has recently come to my attention that Vons is seeking approval from the City to relocate their store into the old Mervyn's location in Fred Waring Plaza. With the absence of a grocery store in this part of the City, I believe that a new Vons store in Fred Waring Plaza would prove to be a tremendous convenience. In addition, I believe that a new Vons store would be a much more palatable visual for the entrance of our City than the current vacant Mervyn's. I support the Vons relocation and ask the City to approve this project. Thank you, 6A, \ L \ I � Z� January 3, 2011 John M. Wohlmuth City Manager City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 Re: Von's Grocery Store, Palm Desert Dear Mr. Wohlmuth, I am a current Palm Desert resident and it has recently come to my attention that Vons is seeking approval from the City to relocate their Palm to Pines store to the old Mervyn's location in Fred Waring Plaza. With the absence of a grocery store in this part of the City, I believe that a new Vons store in Fred Waring Plaza would prove to be a tremendous convenience for my family. I fully support the Vons relocation to Fred Waring Plaza and encourage the City to approve this project. Sincerely, -)Z q 10 C ctC ►- It S Of- (5 Ff a ` t» December 28, 2010 John M. Wohlmuth City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Von's Grocery Store, Palm Desert Dear Mr. Wohlmuth, I am a current Palm Desert resident residing at L- 3 e`� It has recently come to my attention that Vons is seeking approval from the City to have a condition removed that would allow them to relocate their store into Fred Waring Plaza. I believe that a new Vons store in Fred Waring Plaza would address the current blight left on this mall by the Mervyn's vacancy and would also serve as a real convenience to the neighbors in this part of the City where there are no other grocery stores present. The local tenants and neighbors of Fred Waring Plaza desperately need this new Vons store. I strongly support the move and encourage the City to approve this project. Sincerely, C December 28, 2010 John M. Wohlmuth City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Von's Grocery Store, Palm Desert Dear Mr. Wohlmuth, I am a current Palm Desert resident residing at q 3 _l �6 ; qs ftA �Zk It has recently come to my attention that Vons is planning on leaving their current Palm to Pines location and is seeking approval from the City to relocate to Fred Waring Plaza. I believe that a new Vons store in Fred Waring Plaza would bring in much needed new traffic to the mall and the City of Palm Desert. Residents in this area of Palm Desert and Rancho Mirage are without a local grocery store and could really benefit from a new Vons store. I feel confident that the vacated Vons store in the Palm to Pines mall will be quickly filled with another tenant and fear that if the City does not allow Vons to relocate into Fred Waring Plaza, they may leave the City altogether. The residents of Palm Desert desperately need the City to assist Vons in the relocation of their store. Please approve this project! Sincerely, D V� , , I Jkctg $t)s Et- December 28, 2010 John M. Wohlmuth City Manager City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 Re: Von's Grocery Store, Palm Desert Dear Mr. Wohlmuth, I am a current Palm Desert resident residing at It has recently come to my attention that Vons is seeking approval from the City to have a condition removed that would allow them to relocate their store into Fred Waring Plaza. I believe that a new Vons store in Fred Waring Plaza would address the current blight left on this mall by the Mervyn's vacancy and would also serve as a real convenience to the neighbors in this part of the City where there are no other grocery stores present. The local tenants and neighbors of Fred Waring Plaza desperately need this new Vons store. I strongly support the move and encourage the City to approve this project. Sincerely, December 28, 2010 John M. Wohlmuth City Manager City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 Re: Von's Grocery Store, Palm Desert Dear Mr. Wohlmuth, I am a current Palm Desert resident residing at `� U Z(A-- P,:"\w\ 6 S,-O It has recently come to my attention that Vons is planning on leaving their current Palm e � Ojcy-ac.x> to Pines location and is seeking approval from the City to relocate to Fred Waring Plaza. I believe that a new Vons store in Fred Waring Plaza would bring in much needed new traffic to the mall and the City of Palm Desert. Residents in this area of Palm Desert and Rancho Mirage are without a local grocery store and could really benefit from a new Vons store. I feel confident that the vacated Vons store in the Palm to Pines mall will be quickly filled with another tenant and fear that if the City does not allow Vons to relocate into Fred Waring Plaza, they may leave the City altogether. The residents of Palm Desert desperately need the City to assist Vons in the relocation of their store. Please approve this project! —t7, v�Z -6rTCS Sincerely, December 28, 2010 John M. Wohlmuth City Manager City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 Re: Von's Grocery Store, Palm Desert Dear Mr. Wohlmuth, I am a current Palm Desert resident residing at zlte,- �Q It has recently come to my attention that Vons is seeking approval from the City to relocate their Palm to Pines store to the old Mervyn's location in Fred Waring Plaza. With the absence of a grocery store in this part of the City, I believe that a new Vons store in Fred Waring Plaza would prove to be a tremendous convenience for nearby residents. I fully support the Vons relocation to Fred Waring Plaza and encourage the City to approve this project. Sincerely, December 28, 2010 John M. Wohlmuth City Manager City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 Re: Von's Grocery Store, Palm Desert Dear Mr. Wohlmuth, I am a current Palm Desert resident residing at 22V p$ DG64 /JX, - It has recently come to my attention that Vons is seeking approval from the City to relocate their Palm to Pines store to the old Mervyn's location in Fred Waring Plaza. With the absence of a grocery store in this part of the City, I believe that a new Vons store in Fred Waring Plaza would prove to be a tremendous convenience for nearby residents. I fully support the Vons relocation to Fred Waring Plaza and encourage the City to approve this project. Sincerely, December 28, 2010 John M. Wohlmuth City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Von's Grocery Store, Palm Desert Dear Mr. Wohlmuth, I am a current Palm Desert resident residing at rtZ "4S 0 13- It has recently come to my attention that Vons is planning on leaving their current Palm to Pines location and is seeking approval from the City to relocate to Fred Waring Plaza. I believe that a new Vons store in Fred Waring Plaza would bring in much needed new traffic to the mall and the City of Palm Desert. Residents in this area of Palm Desert and Rancho Mirage are without a local grocery store and could really benefit from a new Vons store. I feel confident that the vacated Vons store in the Palm to Pines mall will be quickly filled with another tenant and fear that if the City does not allow Vons to relocate into Fred Waring Plaza, they may leave the City altogether. The residents of Palm Desert desperately need the City to assist Vons in the relocation of their store. Please approve this project! Sincerely, December 28, 2010 John M. Wohlmuth City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Von's Grocery Store, Palm Desert Dear Mr. Wohlmuth, I am a current Palm Desert resident residing at It has recently come to my attention that Vons is planning on leaving their current Palm to Pines location and is seeking approval from the City to relocate to Fred Waring Plaza. I believe that a new Vons store in Fred Waring Plaza would bring in much needed new traffic to the mall and the City of Palm Desert. Residents in this area of Palm Desert and Rancho Mirage are without a local grocery store and could really benefit from a new Vons store. I feel confident that the vacated Vons store in the Palm to Pines mall will be quickly filled with another tenant and fear that if the City does not allow Vons to relocate into Fred Waring Plaza, they may leave the City altogether. The residents of Palm Desert desperately need the City to assist Vons in the relocation of their store. Please approve this project! Sincerely,- December 28, 2010 John M. Wohlmuth City Manager City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 Re: Von's Grocery Store, Palm Desert Dear Mr. Wohlmuth, I am a current Palm Desert resident residing at JL � /� It has recently come to my attention that Vons is seeking approval from the City to have a condition removed that would allow them to relocate their store into Fred Waring Plaza. I believe that a new Vons store in Fred Waring Plaza would address the current blight left on this mall by the Mervyn's vacancy and would also serve as a real convenience to the neighbors in this part of the City where there are no other grocery stores present. The local tenants and neighbors of Fred Waring Plaza desperately need this new Vons store. I strongly support the move and encourage the City to approve this project. Sincerely, December 28, 2010 John M. Wohlmuth City Manager City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 Re: Von's Grocery Store, Palm Desert Dear Mr. Wohlmuth, I am a current Palm Desert resident residing at It has recently come to my attention that Vons is seeking approval from the City to have a condition removed that would allow them to relocate their store into Fred Waring Plaza. I believe that a new Vons store in Fred Waring Plaza would address the current blight left on this mall by the Mervyn's vacancy and would also serve as a real convenience to the neighbors in this part of the City where there are no other grocery stores present. The local tenants and neighbors of Fred Waring Plaza desperately need this new Vons store. I strongly support the move and encourage the City to approve this project. Sincerely, ;a ; C#�cA eq d4f S Yes, I would like to be informed of recent updates ❑ Yes, I would like to participate in showing my support by attending a Planning Commission and/or City Council Meeting ❑ Yes, I would like to attend the Neighborhood Town Half a e Joslyn Center on Wednesday January 5th from 3:60pm to 4:0Op ,k, F <> Name Address % 7 ale St_� 1 Zip <�� , U City ,� `74z I '�� C Phone (Evening) Phone (Day) A Email Yes I woul ilce to be orm d of recent. updates , ❑ Yes, I wo like to ppar'hcipate in shoe my support by attending a Planning commission and/or City Council Meeting. ❑ Yes, I would likfo attend the Neighbo Joslyn Center, )A )Wdnesday January 5th froIN ame Address x City e 4— Zip 9.12 G, Phone (Day) gone (Evening)' �-w Email G o ents C,-v o L-"A- ^ • 7 � .... ......:........... .pry ........ L- Yes, I would like to be informed of recent updates ayes, I would like to participate in showing my support by attending a Planning Commission and/or City Council Meeting. 3'Yes, I would like to attend the Neighborh d T wn k Joslyn a�u... Center on Wednesday January 5th from 3: 0 4:OOPM.' a Name,c:. Ji. Address City iz-- City G z f tate_ Zip Phone (Day) _ one (Evening) 7,�-n _ Email, ej ]@ Yes, I woul b" ❑ Yes, I wou "c like Planning,,Comm; ❑ Yes, I would like Center on Wedhi to be Uormed^of recent updates to participate in showing''my support by attending a Ission and/or City Council Meeting. to attend the Neighbor, ' T wn . Joslyn �sday January 5th fro ` 3 4 Name x S T u f 5 5 .r L. Address U r 5 City PAL YvA(Z).Q ,-e,.,,+ $ (°/a- Zip Phone (Day) � 4o - G - !� In r hone (Evening) Email Wl ents D D 1O C c.t> fkv v ►U N ) ' i �. u c t 6�- Z 1 -k� U'Yes, I would like to be informed of recent updates Lj Yes, I would like to participate in showing my support by attending a Planning Commission and/or City Council Meeting. ❑ Yes, I would like to attend the Neighborhood Town Joslyn T , Center on Wednesday January 5th f I 4:00pmI from 3: Name Address -7 gti, (2o City 'Sate zip—l� Phone (Day) -I c 1 qjS-610 Ce,)j hone (Evening) e Email r le to be md&qf re- Xes, I woul,41,r Ur% 4r, sn� cent updates ❑ Yes `I` wqt like to paiiicipate"I In show n my support by attending a ng, 'o Planning mmissf n and/or City Council Meeting. LI Yes, I would like, to attend the Neighbori Joslyn Center on­`/Wedfiesday January 5th fro Name Address City�J h zi p Phone (Day) --��hone (Evening) Email VN-\ n n r� (S\, " / -,, — is 0 El ❑ Yes, I would like to be informed of recent updates Yes, I would like to participate in showing my support by attending a Planning Commission and/or City Council Meeting ❑ Yes, I would like to attend the NeighborhgQ „ , wn H Joslyn Center on Wednesday January 5th from I 0 4.00�tvt Name Ms Peygr A. collias — Address 7zrzs IW3ehoy sf :. Palm Desert cA nuo-wi City tote Zip Phone (Day) ,7, 0, "4%one (Evening)' Email40- 4Yes' I woul ilce to be rmed of recent updates ❑ Yes, I woule like to participate in showing my support by attending a PlanninCommisslon and/or City Council Meeting. ❑ Yes, I would like46 attend the Neighbo oslyn Center on Wednesday January 5th fro k" Name //Jo Uis rr a Address t. `$ 6 —LCE7T 0J.0ojQL City M C. Zip a a �, D Phone (Day) 76 _ -7 7 (_ 6 3o.' , one (Evening) Email _Kp/�t�slN�u�S,/ a(�CI�YoliLrnD�SEQ'i. ��G *" Yes, I would like to be informed of recent updates Yes, I would like to participate in showing my support by attending a Planning Commission and/or City Council Meeting Y ❑ Yes, I would like to attend the Neighborhood T wn I _ Joslyn Center on Wednesday January 5th froto 4:00 Name Address " S ��---� �'�' CRO City tate�' fi- Zip 9 (aCi Phon (Day) (Q ®~ n hone (Evening) 7� 7 7 z1 Email --t-g t S ceD- !1 $ i �t'�f" . �i'►, r ents vy'C_ + fie_ czm" �GQ of recent updates 3. Name Address City Pc-l✓A Phone (Dayk, Email Aonv) F14 An attending a .. ......... ..................... .............................. Yes, I would like to be informed of recent updates �K(Yes, I would like to participate in showing my support by attendii Planning Commission and/or City Council Meeting. Yes, I would like to attend the Neighbor.Wn H Jos Qcv�" M"! Center on Wednesday January 5th from Name r Z- / tK Address 727 7 Y iE City Phone (Day) Email c 5 7-'t 4 2- 0 CA - zip. (Evening) _ 17 Z- z 6 49 — d `#'Yes, I woul Ike to be rm6d of recent updates LI Yes, I woul, jike to participate in sh6�4ifi b attendii g my support y Planning-g ommissx,O-n and/or City Council Meeting. Yes, I would likei-fo attend the Neighb R&W 1 CIS Center 0 Aesday janu'ary-,5th '0 f, " -"' Name Address City "k Zip_ 17 2. a Phone (Day) 7( , 0 - 5*(, IA one (Evening) Email A", Onents 'e L) 5. ❑ "Yes, I would like to be informed of recent updates f(Yes, I would like to participate in showing my support by attending a Planning Commission and/or City Council Meeting. Yes, I would like to attend the Neighborhood Town Hai, e Joslyn Center on Wednesday January 5th from 3:OOPM to 4:OOPM. = Name 1- CeAJT i,J Address 73 (ci 5 d >4 AP -A R--cs-A Ct4A City FaL-rr, State CA' Zip of 2'i2--t> G Phone (Day) -34/ - 52`-/5 ` Phone (Evening) - A rn u Email /,o i (,,,7 l� V V6P-I OA)a V(5T Comments I ❑ Yes, I woul rike to be itArmed of recent; updates Yes, I woujO like to participate in shotwing`my support by attending a Planning Commission and/or City Council Meeting. ,< Yes, I would lik io attend the Neighbox Joslyn Center on Wednesday January 5th fr 3: Name�%� Address p City VA Lill -- Zip - Phone (Day) p • `' one (Evening) Email IV '� ents �-- I Yes, I would like to be informed of recent updates ❑ Yes, I would like to participate in showing my support by attending a Planning Commission and/or City Council Meeting. 0 Yes, I would like to attend the Neighborhood Town Hall " ate Joslyn Center on Wednesday January 5th from 3:00pm to 4:00pm. Name Sh1r& Address duroo Ir%� nCreN ��' City P&Zrn' State Zipy Phone (Day) 1- 76 0 -9 9 `I-S`s�6� Phone (Evening) Email s LA O-s 6O-" i ►nk C4m. t L ,con-► 4Yes, I woul ` �e to bed11 ^rmed of recent updates s, I wo d' like toYparticipate in sYlowiri my "support Planning* ommissron and/or City Council Meeting. . �es, I would liketo attend the Neighbo Center art�nesday January 5th fro: Name Addr s City Zip — Phone (Day) - 0 2 one (Evening)'_a Emailen 01flon y attending a Joslyn N I would like to be informed of recent updates Ye , I would like to participate in showing my support by attending a anning Commission and/or City Council Meeting. Yes, I would like to attend the Neighborhood Town Hall at the Joslyn Center on Wednesday January 5th from 3:90pm to 4:00PM. Name Address L $ j p stir `C2 City P �f� OLDS�-� State � Zip Phone (Day) -1 �oq�- �a-'hone (Evening) Email' � .�v���".-e? c-�Q-- Q` I 1`-i E�-�(C�' ' 0:1• G�i\ 1 Yes, I wouldlike to be armed of recent updates Yes, I would like to participate in showing my support by attending a Planning C.bmmission and/or City Council Meeting. Yes, I would like: to attend the Neighbo n'V oslyn Center on Wednesday January 5th fro' 3 4 Name Address City T? S t Q Zip g Z z w 7� Phone (Day)Yf' hone (Evening). Email * is Yes, I would like to be informed of recent updates WYes, I would like to participate in showing my support by attending a Planning Commission and/or City Council Meeting Yes, I would like to attend the Neighborhoq wn Joslyn Center on ..' Name _ Address City Phone (Day) Email ,Cd ents 7777jgW_ ................................... eYees, I wouldliike to be m rmed of recent updatess, I woufd like to artici ate in showui m support b attending a 4., participate YP Y g Planning!Q6mmission and/or City Council Meeting. 'lyes, I would like. to attend the Neighbo '�� n oslyn Center on Wednesday January 5th Name: Address _ Charles & Betty Gaylord 72805 Parkview Dr Apt 21 City Palm Desert CA 92260-9387 _ Zip Phone (Dal _� �.,,� �. �L V .. Ling) Email' ents /rl�9✓�t/U'4 ................. ...................................... Yes, I would like to be informed of recent updates Yes, I would like to participate in showing my support by attending a Planning Commission and/or City Council Meeting.r� Yes, I would like to attend the Neighborhood Town H' Joslyn h Center on Wed � esday January 5th from Id io 4:OC�K, Name Address �jDj 05 City R Vv11..- State 64 Zip q 2_2-4o'b $r Phone (Da) hone (Evening) Email OF (� ODP1�(/✓ 111 ents Yes, I woul�Iike to t in ormed of recent updates ❑ Yes, I would like to participate in showing my support by attending a i Planning Commission and/or City Council Meeting." ❑ Yes, I would like to attend the Neighbor , Joslyn Center on Wednesday January 5th from 3 0 4 Name N fi H Address I,;W o -tom 00 M 9Ai ! Ci1 CY , 14V'L• City OALM 7) F-3'KT �✓-1 Zip `JRAS 9Phone(Day) -- io!e (Evening) '1 [�. Email ents _ fAA 1.P C, . LLl=4 e�rr� �1A CAA-'k�- W ki Yes, I would like to be informed of recent updates Yes, I would like to participate in showing my support by attending a Planning Commission and/or City Council Meeting ❑ Yes, I would like to attend the Neighborh�o ,d Twn I �, <� Joslyn Center on Wednesday January 5th from 3: ' P 4:00PM -, Name Address City Phone (Day) Email Mary Lemke 44600 Monterey Ave., Apt A109 Palm Desen, CA 92260 Zip (Evening) I ents ) ----------------------------------------- Submitter DS ID : 1185 Submitter's language : Default language IP address : 24.9.100.132 Time to take the survey 23 min. , 50 sec. Submission recorded on 8/11/2010 3:12:45 PM Survey answers ----------------------------------------- Your Contact Information First name: * ROBERT Last name: * WEIGEL E-mail Address: * REALTYTRUSGROUP(@AOL.COM Address line 1 355 CRESTLAKE Address line 2 Not answered City PALM DESERT State CA Zip code: * 92211 Phone number Not answered I Am a: Palm Desert Business Owner [x] Palm Desert Resident [x] Comments: CITY COUNCIL OF PALM DESERT WE ARE PLEASED THAT YOU HAVE SUPPORTED VONS MOVE INTO THE FORMER MERVYNS BUILDING AT WARING PLAZA. WITH THE CLOSING OF VONS AT BOB HOPE AND HY 111, THIS WILL INDEED BE A GREAT SERVICE, CONVIENCE, AND ASSET TO THE NEIGHBORHOOD WITH SIGNIFACANT BENEFITS TO THE CITY. WE PERSONALY SHOPPED AT THE VONS AT BOB HOPE AND NOW WILL HAVE CONSIDERABLE LESS DRIVING AS WILL ALL THE RESIDENTS ,RESULTING IN LESS TRAFFIC ON MAJOR STREETS. VONS PRESENCE WILL ALSO BE BENEFICIAL TO CROSS SHOPPING IN THE CENTER, AND OTHER CENTERS IN THE AREA . IT IS LONG OVERDUE FOR SUCH A FINE FOOD STORE IN THIS AREA, AND WE DO THANK YOU. BOB AND JODY WEIGEL VONS August 18th, 2010 Cindy Finerty, Mayor City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Vons Grocery Store, Palm Desert Dear Ms. Finerty, As you know, our company has purchased the abandoned building previously occupied by Mervyns in Palm Desert with the intent of opening a Vons grocery store to serve the surrounding community. We are a sophisticated operator of approximately 1,700 grocery stores in North America. As you can imagine, we thoroughly vet locations for new stores based on a myriad of factors to include local demand, suitability of a property for operations, available workforce and applicable zoning and permitting requirements. We routinely buy our stores and have been a property owner and developer for over 90 years. We were alarmed to recently learn of Resolution 91-5, passed by the City Council on February 14th, 1991. In the conditions of approval of this nearly 20-year-old document, Item #10 states that a supermarket is precluded from operating at this location. The document was recently discovered by Kevin Swartz (Assistant Planner) in an archived case file. As you can imagine, we are shocked to just now be learning of this document after two years of intense due diligence on this project to include a close working relationship with the staff of City of Palm Desert prior to our acquisition of the property. Vons first became aware of the opportunity to purchase the Mervyns building in October of 2008 when it appeared on a possible disposition list resulting from Mervyn's bankruptcy and ultimate closure. In December of that year, after the store closed following the Thanksgiving holiday, we began working with the ownership group towards the purchase. As we commenced negotiations, we also began extensive due diligence on the property. Upon review of the Independent Appraisal, the professional appraiser did not discover any City conditions that would preclude a grocery store onsite. This would have been researched as it would have affected valuation. On December 8, 2008 our attorney rep iL wed the Reciprocal Dectm ation of Covenants RestriLtions and Cindy Finerty, Mayor City of Palm Desert August 18, 2010 Page 2 Easements Agreement (the REA). This is a document that is recorded and is forever tied to the property title. It is intended to detail any and all rules, covenants and restrictions that are associated with the development and operation of the shopping center, to include City restrictions of any kind. This document was recorded against title on November 22,1991, nine months after the Resolution No 91-5 was executed. In the REA there is not a single mention of such resolution or the supermarket restriction. Despite the fact that the REA was agreed to by DSL (Downey Savings and Loan) the same company that is named in the Resolution as the then owner / developer of the shopping center, there is no record of this document on title. In October of that year, after protracted negotiations, we put the location under contract to purchase. As part of our due diligence we obtained an up-to-date title report on the property from Old Republic Title Company. The title report showed that neither Resolution No. 91-5 nor the supermarket restriction referred to in the Resolution were of record. At this time, our due diligence went into high gear and we approached the City of Palm Desert to investigate the need to pursue any necessary entitlements. In the first week of November, our architect confirmed that the current site and zoning allows for the intended use and alcohol sales. No Conditional Use Permit (CUP) was required. Over the course of the next several months, we continued the dialogue and were assured via numerous emails we have on file, that there were no conditions that would limit our company from the intended use. From that point, we proceeded to closing with great reliance on the significant due diligence we had completed over the preceding year. At great expense, above and beyond the purchase of the property, plans were developed and reviewed with the city in preparation for the first Architectural Review Board (ARB) review. The plans were reviewed by a Christina Canales, an engineer with the City Public Works Department, who wrote on July 16, 2010 that the landscaping needed to be significantly augmented to adhere to new regulations imposed by the ARB. Kevin in the interim decided to search city archive files to see if lie could locate the original landscape plan under which the project was approved. In doing so, he came upon the Resolution in question. On August 3rd, 2010, nearly 9 months after the City staff confirmed our ability to operate a grocery store at this location, a copy of the Resolution 91-5 was delivered by email to our architect. On August 10, 2010 the ARR approved our landscaping plans. Cindy Finerty, Mayor City of Palm Desert August 18, 2010 Page 3 We would never have made a $12 million purchase of a building that was restricted from grocery operations by the City of Palm Desert. There was absolutely no evidence from any source that such a restriction existed. The document was not known to exist by any member of city staff, verifiable by written comments in processing our application. The Resolution 91-5 was found entirely by accident after being hidden for nearly 20 years. It is our contention that the Resolution 91-5, as adopted by the City of Palm Desert nearly 20 years ago, was intended as rules, restrictions and guidelines under which the shopping center was to be developed. It was a guide for the developer that set forth the conditions of approval as they built the shopping center prior to receiving the Certificate of Completion. Ninety three percent of the 56 conditions are developmental in nature and do not address in any way the operations of the buildings or allowable uses. We believe that once the conditions were satisfied, the document became superfluous and was intended to be filed as completed and we are making this application under protest reserving all rights to claim that additional approval is unnecessary.. The resolution was never legally recorded. Hypothetically, if there was intent for conditions of approval to survive the shopping center's completion and run with the land, then the conditions would have been recorded against title or mentioned in any surviving documents of record. They were not. With the exception of this very serious and troubling new development, our experience with the City of Palm Desert to date has been second to none. We are eager to continue working closely with you, the City staff and City Council as we continue to work toward opening a state of the art grocery store that is desperately needed in this area. We will generate approximately $250,000 in annual local sales tax revenue for the City as well as provide an anchor store for what has become a blighted property in your City. This will in turn encourage other retail stores to co - locate with us and generate even more revenue for the City. Added to that, we will create 80 new interim construction jobs and 200 permanent jobs at our store, accounting for nearly $3,500,000 in permanent annual payroll wages in our community. In these devastation economic times, neither our company nor your city can afford to miss such a wonderful opportunity in Palm Desert. Cindy Finerty, Mayor City of Palm Desert August 18, 2010 Page 4 As such, we respectfully request that you and the City Council eliminate the Condition of Approval #10 from Resolution 91-5, so that we may proceed with confidence toward opening a new Vons store at this location. Thank you for your consideration of this matter. If you have any questions please (to not hesitate to contact me at brian.braaten@safeway.com (email) and 626-821- 7047 (phone). Sincerely,l,`/ ,= Brian K. en Vice President Real Estate Vons (a division of Safeway, Inc.) cc: Jim Ferguson, Mayor Pro Tern Robert Spiegel, Councilmember Jean Benson, Councilmember Richard Kelly, Councilmember John Wolmuth, City Manager August 18, 2010 Cindy Finerty, Mayor City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Vons #3242 Palm Desert, CA Dear Mrs. Finerty: VON$ Please find enclosed Vons' Owner's Policy of Title Insurance for the above -referenced property. You will see that neither Resolution No. 91-5 nor any of the restrictions referred to in the Resolution are of record. Conditions such as those contained in Resolution No. 91-5 are usually recorded against the property to which they relate and form part of the title to the property. Very truly yours, THE VONS CO ANTES, INC. Brian K. raaten Vice President Real Estate Enc. Owner's Policy of Title Insurance C E 1 'V JE American Land Titfe Association owner's Polley 6-17.06 JuK 15 zoo Polley Number A04232-OX-130208 REAL EgTATLp'A G f k * Issued by Old Republic National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPU13UC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the "Company'l Insures, as of Date of Policy and, to the extent stated In Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or Incurred by the Insured by reason of: 1. Title being vested other than as stated In Schedule A. 2. Any defect in or Ilan or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by (1) forgery, fraud, undue influence, duress, Incompetency, incapacity, or impersonation; (II) failure of any person or Entity to have authorized a transfer or conveyance; (III) a document affecting Title not property created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise Invalid power of attorney; (vl) a document not properly filed, recorded, or Indexed In the Public Records Including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments Imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violatlorn, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing Improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or govemmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection If a notice, describing any part of the Land, is recorded In the Public Records setting forth the violation or Intention to enforce, but only to the extent of the violation or enforcement referred to In that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded to the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain If a notice of the exercise, describing any part of the Land, Is recorded in the Public Records. S. Any taking by a governmental body that has occurred and Is binding on the rights of a purchaser for value without Knowledge. 9, Title being vested other than as stated In Schedule A or being defective (a) as a result of the avoidance in whole or In part, or from a court order providing an alternative remedy, of a transfer of all or any part of the the to or any interest In the Land occurring prior to the transaction vesting Title as shown In Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, stlite.lnsalvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting T1tle as shown In Schedule A constitutes a preferential transfer under federal bankruptcy, state Insolvency, or similar creditors' rights laws by reason of the failure of Its recording in the Public Records (1) to be timely, or (11) to Impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect In or lien or encumbrance an the Title or other matter Included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Comparry will also pay the costs, attomeys' fees, and expenses incurred in defense of any matter Insured against by this Policy, but only tD the extent provided In the Condltlarm Issued through the alike Of Old Republic Title Company 101 North Brand Blvd., 14th Floor Glendale, CA. 91203 Authortzed 5Vnat0fy Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis, Minnesota 55401 By Altest President Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (a) the character, dimensions, or location of any Improvement erected on the Land; (III) the subdivision of land; or (Iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk b. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, Hens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Clalmant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10), or (e) resulting In loss or damage that would not have been sustained If the Insured Claimant had paid value for the Title. 4. Any daim, by reason of the operation of federal bankruptcy, state Insolvency, or similar credtors' rights laws, that the transaction vesting the Title as shown In Schedule A, Is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated In Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in Public Records that vests Title as shown in Schedule A. ALTA Owner's Polity (6-17.06) Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis, Minnesota 55401 SCHEDULE A Policy No: A04232-OX-130208 Amount of Insurance: $ 12,000,000.00 Order No: 2476007491-33 Premium: $ 9,840.00 Date of Policy: June 1st, 2010 at 8:00:00 AM Address Reference: palm Deser2280 t, III c 1. Name of Insured: THE VONS COMPANIES, INC. 2. The estate or interest in the Land that is insured by this policy is: Fee as to Parcel(s) A and an Easement as to Parcel(s) B 3. Title is vested In: The Voris Companies, Inc. 4, The Land referred to In this policy is described as follows: Parcel A: Parcel 2 of Parcel Map 27065, in the City of Palm Desert, County of Riverside, State of California, as shown by map recorded in Book 172 Pages 81 to 86 inclusive of Parcel Maps, Records of said County. Parcel B: Non-exclusive easements for parking, ingress and egress, utilities, pedestrian traffic, comfort and convenience facilities over common area of Parcels 1 and 3 to 11 inclusive of Parcel Map 27065, as shown by map recorded in Book 172 Pages 81 to 86 inclusive of Parcel Maps, Records of said County, as disclosed by that Reciprocal Easement Agreement recorded November 22, 1991 as Instrument No. 408127 Official Records. Page_._.of__� Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No A04232-OX-130208 ALTA Owner's PoBcy (6-17-06) SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. 2. K� 4. 5. Taxes and assessments, general and special, for the fiscal year 2010 - 2011, a lien, but not yet due or payable. Code No. 018-006 Assessor's Parcel No 640-020-025-3 The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq., of the Revenue and Taxation Code of the State of California. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To California Electric Power Company For public utilities Recorded October 16, 1959 in Official Records as Instrument Number 88941 Affects the Easterly 5 foot of Parcel A Release and relinquishment of abutter's or access rights to or from Highway III and Fred Waring Drive, over the adjacent boundary line of premises, as set forth on the filed Map of said band. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as shown on the filed map. For storm drain Affects Parcels A & B 6. Matters as contained or referred to in an instrument, Entitled "Grant Of Reciprocal Easement, Declaration of Covenants, Running With The Land and Development Agreement" Recorded November 22, 1991 in Official Records as Instrument Number 408127 Which Among Other Things As therein provided Provides Page_Lof_JPage OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No A04232-OX-130208 ALTA owner's Policy (6-17.06) 7. Matters as contained or referred to in an instrument, Entitled Indemnification Agreement Executed By Mervyn's and DSL Service Company Recorded November 26, 1991 in Official Records as Instrument Number 411617 Which Among Other Things As therein provided Provides 8. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To Coachella Valley Water District For sewer pipelines Recorded April 14, 1992 in Official Records as Instrument Number 131383 Affects said land 9. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To Coachella Valley Water District For water pipeline Recorded April 14, 1992 in Official Records as Instrument Number 131387 Affects said land 10. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To . Coachella Valley Water District For . water pipeline Recorded May 11, 1992 in Official Records as Instrument Number 167283 Affects said land 11. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To GTE California, Inc. For telephone plant facilitis Recorded May 14, 1993 in Official Records as Instrument Number 179772 and 179773 Affects said land Page-,L,of_5_Page OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No A04232-OX-130208 ALTA owners Poky (6-17.06) 12, An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following 13. 14. Granted To GTE California, Inc. For telephone plant facilities Recorded June 30, 1993 in Official Records as Instrument Number 252579 Affects ; said land An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To Coachella Valley Water District For pipeline Recorded May 3, 2005 in Official Records as Instrument Number 05-351371 Affects said land Any unrecorded and subsisting leases. Page 4 of-5-Page OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ENDORSEMENT Attached to: Policy No: A04232-OX-130208 Order No:2476007491-33 * * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY * a Corporation, of Minneapolis, Minnesota The Company hereby assures the Insured that the Company will not deny liability under the policy or any endorsements Issued therewith solely on the grounds that the policy and/or endorsements) were Issued electronically and/or lack of signatures in accordance with Paragraph i5(c) of the Conditions. This endorsement is issued as part of the policy. Except as It expressly states, It does not (1) modify any of the terms and provisions -of the policy, (11) modify any prior endorsements, (in) extend the Date of Policy, or (Iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement Is Inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Countersigned: By X . validating Officer Page 1 of 1 Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Mlnneapolls, Minnesota 55401 (612) 371-1111 ny * . - *%; President Attest �* P Secretary J r ;aura o* :sspsp i io L rebsg rorg dry( sooit 4 JOPIM30n� :uo dFsoap h tit C R ti CONDITIONS DEFINITION OF TERMS The following terms when used In this policy mean: (a) "Amount of Insurance: The amount stated In Schedule A, as may be Increased or decreased by endorsement to this policy, Increased by Section 8(b), or decreased by Sections 10 and II of these Conditions. (b) "Date of Policy': The date designated as "Date of Polky in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (I) The term "Insured' also Includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (0) successors to an Insured by dissolution, merger, consdidatlon, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (0) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Tide (1) if the stock, shares, memberships, or other equity Interests of the grantee are wholly -owned by the named insured, (2) If the grantee wholly owns the named Insured, (3) E the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) If the grantee is a trustee or beneficiary of a trust created by a written Instrument established by the Insured named In Schedule A for estate planning purposes. (11) With regard to (A), (e), (C), and (0) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge' or "Known": Achral knowledge, not constructive knowledge or notice that may be Imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": She land described In Schedule A, and affixed improvements that by law constitute real property. The temp "Land' does not Include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement In abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is Insured by this porky. (h) "Mortgage': Mortgage, deed of trust, trust deed, or other security khstrument, including one evidenced by electronic means authorized by law. (1) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. with respect to Covered Risk 5(d), "Public Records" shall also Include environmental protection liens filed In the records of the clerk of the United States District Court for the district where the Land Is located. (I) "Tide': The estate or interest described in Schedule A. (k) "Unmarketable Title': Tide affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend If there Is a contractual condition requiring the delivery of marketable title. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy In favor of an Insured, but only so long as the Insured retains an estate or Interest In the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have IlablKy by reason of warranties In any transfer or conveyance of the Title. This policy shall not continue In force in favor of any purchaser from the Insured of either (i) an estate or Interest In the Land, or (11) an obligation secured by a purchase money Mortgage given to the Insured. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly In writing (1) in case of any litigation as set forth In Section 5(a) of these Conditions, (10 in case Knowledge shall come to an Insured hereunder of any claim of title or Interest that is adverse to the Title, as Insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (III) If the Title, as insured, Is rejected as Unmarketable Tide. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the polky shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter Insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. S. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request try the Insured, and subject to the options contained in section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured In litigation In which any third party asserts a claim covered by this policy adverse to the Insured. This obligation Is limited tD only those stated causes of action alleging matters Insured against by this policy. The Company shall have the right to select counsel of Its choke (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses Incurred by the Insured In the defense of those causes of action that allege matters not Insured against by this policy. (b) The Company shall have the r(ght, in addition to the options contained In Section 7 of these conditions, at its own cost, to Institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as Insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not It shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises Its rights under this subsection, It must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and It expressly reserves the right, in Its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, Including the right to use, at its option, the name of the Insured for this purpose. whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (1) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (11) In any other lawful act that in the B. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or opinion of the Company may be necessary or desirable to damage sustained or incurred by the Insured Claimant who has establish the Title or any other matter as insured. U the suffered loss or damage by reason of matters Insured against by this Company Is prejudiced by the failure of the Insured to furnish policy, the required cooperation, the Company s obligations to the Insured under the policy shall terminate, Including any liability (a) The h t�Cie palessn air loss or damage under extenticy ofli n�lity f the or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such (1) the Amount of Insurance; or (11) the difference between the value of the Title as Insured and cooperation. the value of the Title subject to the risk Insured against by (b) The Company may reasonably require the Insured Claimant to this policy. b If the Company pursues Its rights under Section 5 of these () under oath by any authorized submit nt live of of the Company and to produce for examination, Condklons and Is unsuccessful In establishing the Title, as representative inspection, and copying, at such reasonable times and places as insured, (1) the Amount of Insurance shall be increased by 10%, and may be designated by the authorized representative of the Company, all records, in whatever medlun maintained, (II) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made including books, ledgers, checks, memoranda, correspondence, reports, e-malls, disks, tapes, and videos whether bearing a by the Insured Claimant or as of the date It Is settled and date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized paid. (c) In addition to the extent of liability under (a) and (b), the also those costs, attorneys' fees, and expenses representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of Company will pay incurred In accordance with Sections 5 and 7 of these Conditions. the Company to examine, Inspect and copy all of these records in the custody or control of a third party that reasonably pertain All Information designated as 9. LIMITATION OF LIestablishes ABILITY the Title, or removes the alleged (a) If the Comparry the loss or damage. confidential by the Insured Claimant provided to the Company defect, lien, or encumbrance, or cures the lack of a right of access the Land, or cures the claim of Unmarketable Title, all pursuant to this Section shall not be disclosed to others unless, In the reasonable judgment of the Company, it is necessary in Claimant to or from as Insured, In a reasonably diligent manner by any method, Including litigation and the completion of any appeals, it shall the administration of the claim. Failure of the Insured to submit for examination under oath, produce any reasonably have fully performed Its obligations with respect to that matter be liable for any loss or damage caused to the requested Information, or grant permission to secure reasonably and shall not necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, Insu(b)� of any litigation, Including litigation by the Company Company's consent� the Company slap have no shall terminate am liability of the Company under this policy as e loss or damage until there has been a final liability for to that calm. determination by a court of competent Jurisdiction, and OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS, disposition of all appeals, adverse to the Tide, as Insured. The iable for loss or damage to the In (c) Company TERMINATION OF LIABILITY in case of a claim under this policy, the Company shall have the for;lab lty voluntarily assulm d by the Insured In settling any�rd claim or suit without the prior written consent of the Company. following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and OF LIABILITY All payments under this policy, except payments made for costs, expenses Incurred by the Insured Claimant that were authorized attorneys' fees, and expenses, shall reduce the Amount of Insurance by the Company up to the time of payment or tender of by the amount of the payment payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and 11. LIABILITY NONCUMULATIVE amount the The Amount of Insurance shall be reduced by any obligations of the Company to the Insured under this pollcyr other than to make the payment required In this subsection, Companyany policy l Scnsuring a hedule to which the age to which Ps ys under has agreed, shall terminate, including any liability ar obligation to defend,exception assumed, or taken subject, or which Is executed by an Insured after prosecute, or continue any litigation, Date of Policy and which is a charge or hen on the Tltle, and the (b) To Pay or Otherwise Settle With Parties Other than the Insured amount so paid shall be deemed a payment to the Insured under this or With the Insured Claimant. policy. (1) To pay Or otherwise settle with other parties for or In the name of an Insured CJalmant any claim Insured against under this poky. In addWon, the Company will pay any 12, PAYMENT OF LOSS when liability and the extent of loss or damage have been definitely costs, attorneys' fees, and expenses Incurred by the fixed In accordance with these Conditions, the payment shall be made Insured Claimant that were authorized by the Company up within 30 days. by the time of payment and that the Company is obligated 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT to pay; or (11) To pay or otherwise settle with the Insured Claimant the shall have settled and paid a claim under (a) this policy, Whenever the Company it shall be subrogated and entitled to the rights of the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses Incurred Insured Claimant in the Title and all other rights and remedies In to the claim that the Insured Claimant has against any the insured Claimant that were authorized by the Company respect person or property, to the extent of the amount of any loss, costs, up to the time of payment and that the Company Is attorneys' fees, and expenses paid by the Company. If requested obligated to pay. by the Company, the Insured Claimant shall execute documents Upon the exercise by the Company of either of the options provided to evidence the transfer to the Company of these rights and for in subsections (bX1) or (0), the Company's obllgatlons to the Insured under this policy for the claimed loss or damage, other than remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle In the name of the Insured Claimant the payments required to be made, shall terminate, Including any and to use the name of the Insured Claimant In any transaction or liability or obligation to defend, prosecute, or continue any litigation, litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of 18. NOTICES, WHERE SENT the Insured Claimant, the Company shall defer the exercise of Its Any notice of claim and any other notice or statement In writing right to recover until after the Insured Claimant shall have recovered required to be given to the Company under this policy must be given to Its foss. the Company at 400 Second Avenue South, Mlnneapolls, Minnesota (b) The Company's right of subrogatlon Includes the rights of the 55401-2499. Insured to Indemnities, guaranties, other policies of Insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogatlon rights. 14, ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration RLies of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may Include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service In connection with its Issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance Is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance Is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this polgr and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arblirator(s) may be entered In any court of competent jurisdiction. 15. LIABILITY UNITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, If any, attached to It by the Company Is the entire policy and contract between the Insured and the Company. In Interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arlses out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly Incorporated by Schedule A of this policy. (d) Each endorsement to this policy Issued at any time is made a part of this policy and is subject to all of Its terms and provisions. Except as the endorsement expressly states, it does not (1) modify any of the berms and provisions of the policy, (ii) modify any prior endorsement, (III) extend the Date of Policy, or (Iv) increase the Amount of Insurance. 16, SEVERABIIITY In the event any provision of this policy, in whole or In part; Is held Invalid or unenforceable under applicable law, the policy shall be deemed not to Include that provision or such part held to be Invalid, but all other provisions shah remain In full force and effect 17. CHOICE OF UAW, FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting Interests In real property and applicable to the Interpretation, rights, remedies, or enforcement of policies of title Insurance of the jurisdiction where the Land is located, Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land Is located to determine the validity of claims against the Title that are adverse to the Insured and to Interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply Its conflicts of laws principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its ten•lWrles having appropriate jurisdiction. a cD pA1 � �'� �R 0 CQOE ?OlQ AUG 25 PM 5; 03 To the Honorable City Council City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Public Hearing to consider removing or modifying the "No Grocery Store" restriction at the shopping center located at 72-280 ,Fred Waring Drive_ Public Hearing Date August 26, 2010 Dear Members of the Council: My name is Daniel Saparzadeh and I am one of the four owners of the shopping center located on 72655-72705 Highway 111 in Palm Desert with 'V'ons grocery store as the anchor tenant. This letter is in response to the proposed change in the use restriction on the shopping center located at 72-280 Fred Waring Drive to allow for a grocery store. The proposed conversion of the old Mervyn's store to allow Von's to relocate to this center will have a disastrous impact on the existing Palms to Pines center where Von's is currently located. While fully acknowledging that the closed Mervyn's store has had a major negative impact on that center, changing the restrictions on the allowed uses within that center will simply transfer the economic impact from that center to our existing successful center. The economic impact of the potential relocation on this existing center is of major concern to us and to the entire tenant base in the center. The change in use does not impact only the Von's space. There are 16 other small and local family owned and operated businesses that will be devastated by the relocation. Not only that, the change in the use restriction under consideration in combination with intended future modification to allow larger grocery stores in the area will put our site in even more disadvantage and financial jeopardy. Just because the restriction was "missed" in the due diligence by the new owner, doesn't mean it doesn't exist, It does. The new owner and the realtor should have been aware of it. Conditions of Approval and the operating regulations contained in a project's 11910 SAN VICENTE BLVD., SUITE 200 LOS ANGELES, CA 90049 T. 310.442.6006 F. 3 10.442.6002 diligence is the obligation of the purchaser, not the ci� nor anyone el approval are matters of public record established by public action. Adequate due something was missed, does not mean that the error and financial imp se. now because transferred to another existing and successful business center and to the families involved. They are already in the city. The lives of those families and the success of those businesses should be seriously considered by the council in their deliberations. The impacts to existing small businesses would be devastating and the welfare of these families of the owners and the employees should be given the highest priority that despite the current economical conditions have been able keep their doors open and waiting for the time until things get turned around. For your consideration, the removal of the restriction prohibiting grocery stores at the Waring Plaza Center will not generate new jobs; the Von's employees will likely transfer from one center to the other within the city. There can be no doubt, however, that the restriction removal wrill cause many local families and small business owners at the Palms to Pines center to close, As to temporary center just underwent a major renovation just: two years ago tion Vie have bthe een doing s to pines per• g The council is respectfully requested to deny the application for the rl hav emoval of the use restriction. The decision to do so is totally discretionary. It impact on existing businesses and will transfer economic iznp It from one centeas r in the city to another at the expense of a successful center. The change to allow larger grocery stores in the area will have an additional impact causing the cxisting center to be at a disadvantage in any future- Of overwhelming concern, the removal of the use restriction will cause terrible consequences to the small business and the families impacted by the change in the use restriction. This Von store is very successful and the only reason Vons purchased this site was to eliminate a potential competitor to come and open a new grocery store. It was purely a defensive and strategic move by Vons only. Your considered attention in this matter is respectively appreciated, please do not approve the existing use restriction on the Waring Center Commercial Center. I can be reach4lkMO-442-6006 Office or my cell 31-709-7555. Regards. baniel Saparzadeh ' Managing Member 26 Del Sure Palms LLC 45-025 Manitou Drive, Suite 3 - Indian Weli A bye,' Phone 760.360. 7666 Fax 76% j76(J?X Rob �tRobBernhemiett� Z -4Q tD r^ August 26, 2010 The Honorable Cindy Finerty, Mayor City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Re: Agenda Item XVII B. Resolution 2010-68 Opposition to Removal of Supermarket Restriction at Waring Plaza Dear Mayor Finerty: This firm has the privilege of representing the tenants of Palms to Pines shopping center. Having just been made aware of this matter, I will unfortunately be out of town during the Council meeting and ask that this letter be made a part of the record. The tenants of Palms to Pines rely extensively on the traffic generated by the anchor tenant of the center, Vons supermarket. While Vons has every right to leave the Palms to Pines center in accord with its own business interests, we have a number of concerns when the City of Palm Desert is asked to change the use and character of another shopping center in direct contradiction to its original approval of that center when the result would be trading one empty center for another in the City. It is troubling that the City of Palm Desert might change the rules without fair public input and debate. I understand the staff report was not made available to the public until August 24"', just two days before your Council meeting. Further, the removal of Condition No. 10 has not been reviewed by the Planning Commission, which could additionally allow for public input. We believe a Planning Commission hearing is required to change the conditions of approval. Significantly, the removal of Condition No. 10 from the Waring Plaza conditions of approval raises concerns that must be addressed by the California Environmental Quality Act. CEQA applies to discretionary projects approved by a city (Public Resources Code § 21080). Waring Plaza was subject to CEQA review in 1991 when it was approved. The scope of the development then was limited by the conditions of approval imposed by the City to properly mitigate the impacts of the project. Clearly the debate in 1991, as highlighted in the minutes from the Council meetings and attached to the current staff report, reflect concerns of traffic, noise and other impacts with regards to a supermarket at this site. Removing the supermarket restriction undoubtedly creates new impacts at this center. These impacts go to the heart of CEQA. Just as the approval of the project in 1991 was a discretionary approval subject to CEQA review, so too is e� r ROBERT A. BERNHEIMER The Honorable Cindy Finerty August 26, 2010 Page 2 today's discretionary removal of a significant condition. A supermarket at Waring Plaza will change the use of the shopping center in a manner not previously reviewed or mitigated under CEQA. Staff points out that CEQA will be analyzed when Voris brings back its application for a 57,000 square foot supermarket. However, if Condition No. 10 is removed without CEQA analysis, any supermarket that complies with the zoning code (up to 50,000 square feet) will be allowed at Waring Plaza. The discretion of the City will then be significantly reduced. There may not be an opportunity for CEQA review. Therefore, if Vons changes its proposal to a 50,000 square foot store, the application would conform to the zoning code and the shopping center revised conditions and public review might be limited. Condition No. 10 in the Waring Plaza conditions of approval is the critical element of the City's discretion that provides it both the control over future development and the reason why CEQA must be followed now. Given the significant impacts to the businesses of Palms to Pines, the lack of opportunity for public input to date and the failure to comply with CEQA, we ask that the City deny the request to remove Condition No. 10 from the Waring Plaza conditions of approval. Cordially, �`� i i Robert A. Bernheimer cc: Jim Ferguson, Mayor Pro Tern Jean Benson Bob Spiegel John Wolmuth, City Manager Lauri Aylaian, Director of Community Development Dave Erwin, City Attorney Michelson, Wilma From: Jessica Jimenez Wimenez c@naicapital.comj Sent: Thursday, August 26, 2010 12:34 PM To: CityhallMail Subject: (NEWSENDER) - Von's - Case #PP90-13 Attachments: Palms To Pines Ltr to PD City Council dtd 8-26-10.pdf On behalf of Greg "Zimmerman please see below. Thank ,you, Jessica Jessica Jimenez Office Manager 74-199 E1 Paseo Suite 103 Palm Desert, CA 92260 Tel (760) 346-1566 F.xt 10 Fax (760) 346-1309 jiimenez a. naicakital.com N 1 Capital COmmaeid Flied [�Itke 3avic�ee, Wblidwlde. ;-A OkE L':,er ,e 000806840 ■ 5.000 Professlonsle ■ 325 offices ■ 66 Countries a 200 Malian SP of Properly Management a $45 Billion m Annual TransaeWn Volume f%:p c7 c -U "; r— � 3 r tr C7 rn CYN rnMrr 7c _ ZX1 r12 -{ O cy O D n m If this email is with regards to a transaction, information and/or opinions expressed herein have been provided by a principal or principals in the transaction, their representative or representatives or other third party sources. No warranty as to the accuracy or completeness of the information and/or opinions or capability of the individual providing such information and/or opinions is intended. Such information and/or opinions should be independently investigated and evaluated and may not be a bads for liability M NAI Capital, Inc. or its agents. APlease consider the environment before printing this message From: Greg Zimmerman[mailto:gzimmerman@naicapital.com] Sent: Thursday, August 26, 2010 12:21 PM To: 'Jessica Jimenez' Subject: Von's - Case #PP90-13 To All That It May Concern: As a supplement to the letter that was delivered by Mr. Robert Bernheimer, I was asked to prepare a letter on the behalf of certain Palms To Pines tenants, and where possible, obtain signatures. As this was very last minute, I was not able to obtain 100%, but that is primarily because some businesses required off -site company officers to sign (forthcoming), others were out of town on vacation and two were closed when I visited. Clearly, it is an assumable fact that a dark anchor space, ESPECIALLY a supermarket, will adversely affect shop tenants in the vicinity. Thus the points addressed in the letter are not heavily based in opinion. I hope that you will not mind if I follow-up with additional signatures in the very near future. Certainly, you are free to contact me regarding issues at Palms To Pines, or shopping center leasing issues in general. Thank you for your attention to this matter. Greg Zimmerman Vice President Retail Leasing/Sales DRE # 01050335 74-199 El Paseo Suite 103 Palm Desert, CA 92260 Tel (760) 346-1566 Ext. 15 Cel (760 673-9030 Fax (760) 346-1309 Qzimmerman@naicapital.com ereoueHoe, f ' Capita' ■ Professionals 326 • 323 Of{icee s 55 Countries �'�.� Cdnrrtelr�id F tli E�tats 9eiMoN, Wt�ldwlds s 200 Millon SF of Property Wnegerrtent CA ORE L,Cense #00806840 s M Billion in Ann ual Transaction Volume AP6oaw consider the environment before printing this message. If this email is with regards to a transaction, information and/or opinions expressed herein have been provided by a principal or principals in the transaction, their representative or representatives or other third party sources. No warranty as to the accuracy or completeness of the information and/or opinions or capability of the individual providing such information and/or opinions is intended. Such information and/or opinions should be independently investigated and evaluated and may not be a basis for liability of NAI C<jpital, Inc. or its agents. V TENANTS OF PALMS TO PINES SHOPPING CENTER August 26, 2010 To: The Honorable City Council City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 We the small business owners at the Palms To Pines Shopping Center are requesting that the City Council deny the application for the removal of the use restriction which now prohibits grocery stores at the Waring Plaza Center. We as small business owners rely on the foot traffic that is generated by the Von's Grocery store to help support our businesses. If the Von's store is allowed to relocate to the Waring Plaza Center, our businesses will suffer greatly. It is apparent that the Von's Corporation has little or no concern for the remaining sixteen plus tenants that will remain in the Palms to Pines Shopping center after Von's relocates. In addition to the loss of foot traffic, the center will not be an appealing place to shop with the Von's store closed and an empty parking lot. We have witnessed several centers over the past couple of years lose their major anchor tenant and the center has suffered greatly. New small businesses do not move into the center and most of the small businesses are force to close their doors. Please sincerely consider denying this request. Your vote against this request will tell the small business owners In Palm Desert that you, as a governing body, are concerned about our welfare and future. This approval will not bring new jobs to our city, but will be instrumental In hurting the existing small business now In existence, effectively reducing jobs. In lieu of a future approval for PP 90-13, we would ask that council somehow add their power to help facilitate a lease with a replacement grocer. I think that language that would make it absolutely necessary for Von's to do everything within we've all seen examples in the past where departing grocers did the exact opposite, so as to keep competitors out of the trade area. Lastly, we merely ask that council take into consideration the future status of the Palms To Pines shopping center and its tenants when making this decision. Thank you for listening to our concerns and request. TENANTS OF PALMS TO PINES Busines By: Its: Business: C CJPOhCk' By: cw— Its: _�5 _2!Y1`l1, ,cC. p. _ Busin s: `0 �' � 1 colt n , Its: � • Business: C.tLyFad; TILAVFiI� By: - PA 1*''c4c ry'y Its: Ow ti - Business: 40b /4.5 h''14101 BY: _,[ Y9 0 N6,14 Its: Ok4 6 _ Business: POhl )2s eA?,1, C 4 By: Its: Business: By: Its: Business: By: Its: Business: By: Its: Business: By: Its: Business: By: Its: Business: By: Its: R CEIVED CITY CLERK'S OFFICE August 17, 2010 PALM DESERT, CA 2010 AUG 26 PM 1 z 08 The City of Palm Desert Palm Desert Civic Center 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Proposed New Vons NEC Fred Waring and Hwy 111 Waring Plaza Honorable Mayor and Council Members, My name is Andy Weigel, and I am a managing partner for Realty Trust Group. We have proudly owned the majority of the parcels that comprise Waring Plaza for the past two decades. We are responsible for managing the common area for the entire center on behalf of the various parcel owners and merchants, including the largest parcel now owned by Safeway. I am also proud to have been a full time resident of Palm Desert for 17 years, where our family continues to own a home and spend much of the winter to this day. While we were not a legal party to the recent acquisition of the former Mervyns by Safeway, we positively endorse and recommend the city's full cooperation be given to Safeway in their relocation, expansion, and improvement of their flagship Hwy 111 grocery store. Of course we are all aware that your decision tonight will have a direct impact on the future of scores of merchants, some negatively, but many more positively. Waring Plaza has over two dozen merchants eager to see the city vote in favor of Vons tonight. But more than that, what is at stake: • The future of one of the most visible retail corners in the desert is at stake. • The future of the largest retail vacancy in the city is at stake. (Largest by a factor of 2) • The challenge of meeting the changing needs of the marketplace is at stake. • The encouragement of significant investment, construction. expansion and improvement is at stake. • The opportunity to visibly improve the gateway to the city from the West is at stake. • And of course, the opportunity to increase taxable income for one of the city's largest retailers is at stake. Few merchants in this economic climate are willing to invest, to expand, and to change with the times to survive as Safeway is wisely asking to do, Those merchants who do so not only survive, but reposition themselves to better serve their communities. Those who can't are forced to stagnate or simply close their doors. Many you will hear from tonight are here out of fear of losing tenants or losing business. We know. We are truly sympathetic to that, because we too have been there. In the mid 90's this council voted to allow Desert Crossing to relocate Circuit City across the street from Waring Plaza. We didn't like it either. Page 2 of 2 Palm Desert City Council Vons Expansion The decision was made, it seemed at the time, unfairly, even contradicting a resolution this council voted on restricting that developer from relocating any existing businesses within the city at that time. In the short run we were hurt. But in the long run the more important needs of the community were being met and we were asked to adapt as well. Circuit City needed to double their space and in retrospect the decision to relocate them better served the community from both centers for the next 15 years. We survived, we adapted, and we brought in a more appropriate tenant for that space, The Alley, which has been a real asset to the community. With the encouragement to reposition and redevelop their center, Palms to Pines West too will survive and adapt and improve as well. In the end, your decision tonight should not be about preserving the old, but making room for the new. It's not about what is in the best interest of the few, but what is in the best interest of the community. How are those decisions best made? The marketplace makes those decisions. Operating at its best, local governance manages and reasonably cooperates with what the marketplace is asking for. What is the market asking for? A bigger, newer, better located, more highly visible grocery store. Surely our city will support this. Surely, if our city doesn't, another nearby city will. If you want grocery stores in Palm Desert to survive, don't let them suffer the slow death of keeping the status quo. Please, weigh what the market today, not two decades ago, is asking for. Weigh it against the voices of those seeking to preserve the status quo which may not be in the best interest of the larger community. Weigh it, and give Vons the ability to invest, to expand, to survive, and to improve their service to our community. To that end, we pledge our support, our cooperation, and our own capital improvement dollars on the adjoining parcels we own, to see this highly visible corner revitalized and repositioned with the pride of ownership Safeway is asking you for. Respectfully, Andrew Weigel, CCIM, CPM VP Real Estate Realty Trust Group r Michelson, Wilma From: Sent: To: Subject: Honorable city council, Reza Syed [syedreza01@msn.com] Thursday, August 26, 2010 1:29 PM CityhallMail [NEWSENDER] - VONS RELOCATION I the small business owner at the palms to pines shopping center am requesting tha the city council deny the application for the removal of the use restriction which now prohibits grocery stores at the Waring plaza center. we as small business owners rely on the anchor stores like Vons. If Vons moves out of this shopping center Our business will be highly effected, due to not having enough foot traffic. as we have seen other centers where an anchor store relocates and how the small businesses suffer greately some do not even manage to stay open. please sincerely consider denying this reuest. Your support to us will make us feel that you are concerned about our welfare and future. thank you for listening to our concerns. thanks, Syed Reza v 0 q > 3 D � Cl) rn = n r r�1 N OMC-) N�rn — m `^ M 00 N n -n Dn N m I:CEIYED Michelson, Wilma _ [IT „ ,,, �., ... _ PACA From: c7761000@aol.com LM DESERT. Sent: Wednesday, August 25, 2010 5:16 PM 20j0 AUG 26 PM Z: To: CityhallMail 38 Subject: [SPAM) - att.: honorable city council Ref Public Hearing to consider removing or modifying the no grocery store restriction at 72 280 Fred Waring Dr. From Patrick Crofoot, of Crofoot Travel I am writing you to express my concerns with Vons grocery store's request to amend restrictions at 72280 Fred Waring Dr. We have been at the Palms to Pines complex going on 4 years, and moved here for the main reason that Vons brings in a lot of foot traffic for our office. In that time we have followed all rules of our lease and the city ordinances. My understanding is that Vons has purchased the old Mervin's building with the purpose of moving to that location, breaking their contract where they are currently. I find it very bold and self rightous to purchase a building which has a no grocery store restriction, expecting the city to amend or remove that restriction. It was obviously put into place for a reason. They have no regard for the other small businesses that have opened at Palms to Pines based largely on their draw to bring in the public and generate business. If it were at a time when their lease obligations were expiring it would be more understandable. But they wish to break their promise and agreement and then expect the city to ammend its own restictions to placate them. I hope the city council would stand up for the small business owners that have kept their contactual agreements and make Vons do the same. respectfully submitted Patrick Crofoot Owner Crofoot Travel 72695 Hwy 111 A7 Palm Desert Monday, February 14, 2011 2:32 PM Subject: FW: Vons Palm Desert Date: Monday, February 14, 20112:32 PM From: Josh Zipperman <josh@BurkeRix.com> To: Kevin Swartz <kswartz@cityofpalmdesert.org> Forwarded Message From: William Kamenar <billmimik@dc.rr.com> Date: Mon, 14 Feb 2011 15:37:14 -0600 To: Josh Zipperman <josh@BurkeRix.com> Subject: Re: Vons Palm Desert Dear Sirs: To who it concerns,my wife and I fully support the plan to move Vons to the new location, hopefully, it will be larger and well done and more convenient to us. Sincerely, Mr. & Mrs. William S. Kamenar 72-765-"D",Mesquite Court Palm Desert, CA.92260 End of Forwarded Message Page 1 of 1 13 -rl Cy —<eee Z�L=- 6P; -7C2 jx*� D rVIIV eCele Y6, Tcrra Nova/City of Palm Desert VONS at Warine Plaza VONS AT WARING PLAZA PHOTO SURVEY Introduction The following photos were taken of the proposed VONS at Waring Plaza. Each photo is described below and the description corresponds to the numbered photos on the following pages. This view is taken at the rear of the proposed VONS building from the wall located at the eastern boundary of the site. The view is looking west to the loading dock and also shows the 8.5-foot to 10-foot wall located on the north property line. 2. This view is a close -in shot of the loading dock and also provides a view of the 7-foot block wall on the north side of the dock and the service road to the immediate right. 3. This view better shows the service road looking west and the relationship of the loading dock wall, service road and north project boundary wall. 4. This view is taken from the bay opposite (west of) the loading dock bay. It shows the wall separating the compactor and bay from the service road, the service road itself and the north boundary wall. One of the wall -mounted security lights is just visible behind a tree. 5. This view looking east is taken of the bay and trash compactor located opposite (on the west side of) the loading dock bay. The wall separating the compactor from the service road is 7± feet high on the compactor side and 6± feet high on the service road side. 6. This view is a close up of View No. 5, showing the relationship of the trash compactor to the screen wall between it and the service road. 7. This view is taken of the front (south elevation) of the proposed VONS building showing the main entrance and the west end of the front (facing Fred Waring Drive). Note that the tower clement to the extreme left and behind landscaping is proposed to be raised an additional 6-feet. 8. This view is also of the front of the proposed VONS, showing the entry and the east side of this (south) elevation. The tower on the right is to remain as is, and is the same height (34-feet) as that on the opposite building corner that is proposed to be raised 6-feet (to total 40-feet). 9. This view is looking northwest along the western portion of the front (south) elevation, and includes other building in Waring Plaza that also back onto Highway 111. 10. This view is taken from the east side of the proposed VONS building, looking north toward the rear of the building, with the north boundary wall in the background and the eastern boundary wall on the right. 11. This view is taken from the same location as View No. 10 and shows the 8-foot masonry wall separating the project from residences to the east. Terra Nova/City of Palm Desert VONS at Warine Plaza IN VONS AT WARING PLAZA PHOTO SURVEY 2. 4. 5. 6. Terra Nova/City of Palm Desert VONS at Warine Plaza El 9. 10. VOR March 8, 2011 John M. Wohlmuth City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Sir, Our consultants at Burke Rix Communication have asked use to provide you a few statistics associated with our existing and proposed business' in Palm Desert. As you are most likely aware, the sale of non -prepared food for the most part is tax exempt. However much of the grocery store's business includes prepared foods, liquor, floral, general merchandise, drugs, health and beauty aids, which are all non-exempt. Not including state and county taxes, our existing store generates approximately $70,000 per year in city sales tax revenue alone, which will disappear upon closing. Based on the forecasted sales of our proposed new store in the Mervyn's building, this amount should immediately grow to just over $100,000 per annum. In addition of course are the three other retail spaces which will be created in the building and given value by our presence. This 21,000 SF of space will contain one large and two small retailers. It is very difficult for us a grocer to estimate their sales, but suffice it to say being non -grocery, they will be 100% taxable at the 8.75% rate. We currently have 73 employees working at our existing store. The new store workforce will increase to approximately 125 employees representing a payroll of $3,500,000 annually. Further, during the construction period our store alone will engage approximately 80 interim construction personal, further stimulating the local economy. Yours truly, Brian K. Braaten Vice President Real Estate Vons Safeway Inc. Vans Division 618 MichillindaAve. Arcadia, CA 91007-6300 P.O. Box 513338 Los Angeles,CA 90051-1336 Beverly Vorwaller 72875 Parkview Drive Palm Desert, CA 92260 = I, (760) 568-2204 ©fi f'n March 9, 2011 *� r7-n City of Palm Desert © "' Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Case No. ZOA/CUP 10-228 Ladies and Gentlemen: I am a former resident of the Desert Paradise tract and a current property owner. I lived in the neighborhood when the DSL/Mervyn's complex was approved and built out. Although I would like to attend the hearing today am unable to do so. I would like to express my concerns that the conditions of approval for the original complex be maintained. Specifically, the maintenance of the access gates, codes and landscaping inside and outside of the Joshua Road cul-de-sac. Also, that all lighting and noise is mitigated to the greatest extent possible. I am also concerned that the other conditions specifically benefitting the residents of the Joshua Road neighborhood of approval be preserved as listed on the conditions of approval in the final approval of Case No. PP 90-13. To date Von's has been responsive to my stated concerns. While generally in favor of the Vons proposal, changing the ordinance and plan to allow a supermarket, I am hopeful that the concerns of the neighborhood, then and now, will be incorporated into the approval, specifically stated as before so as to secure these interests in perpetuity. However, the ability to put the conditions in writing, similar to the last approval, lies with the Planning Commission. Please include the same conditions, relating to the neighborhood when this amendment is approved. I have addressed concerns about the lack of code enforcement after hours and have been told that there will now be a code enforcement officer working evenings and weekend. Thank you. Lastly, even with great planning, sometimes things don't work out as planned. would like to know what the procedure would be to address items that come up after the fact. Thank you for your attention to this matter. Sincerely, Beverly Vorwaller MESSAGE FOR LQ_Wt'f DATE 3-10 TIME TELEPHONED LEASE CALL CAME TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU RUSH RETURNED YOUR CALL SPECIAL ATTENTION SIGNED A (%64-1� Re: Von's Supermarket Relocation 3/10 @ 2:55 p.m. -Alice Kukec who lives on Acacia St. in Palm Desert supports the move to the Mervyn's building with the possibility of a much larger Von's market. She stated because it is the only market in the area, it is much too small and crowded.