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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
• THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT,
PURSUANT TO SECTION 15074 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
SUBMITTED BY: Kevin Swartz, Assistant Planner
APPLICANT: KKE Architects
Brian Arial
8 Mills Place
Pasadena, CA 91101
CASE NOS: ZOA/CUP 10-228
DATE: May 12, 2011
CONTENTS: Draft Ordinance, Exhibit A
Draft Resolution, Exhibit A, Negative Declaration of Environmental
Impact
Legal Notice
Draft Initial Study
Acoustical Analysis Report by Helix Environmental Planning dated
November 18, 2010
Resolution 91-5 Conditions #10 and #21
City Council
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City Council Minutes dated December 13, 1990, January
10, 1991, and February 14, 1991
Planning Commission Minutes dated February 1, 2011
Letters submitted in opposition to and in favor of the project
Architectural Review Commission minutes dated August 10, 2010
Plans and Exhibits
Recommendation:
That the City Council waive further reading and:
1. Pass Ordinance No.1221 to second reading, approving an amendment to
Chapter 25.30 of the Palm Desert Municipal Code to allow supermarkets
not exceeding 60,000 gross square feet as conditional uses in the
Regional Commercial PC (3) Zone;
2011-15
2. Adopt Resolution No. and a Mitigated Negative Declaration, and
approve the findings for approval of ZOA/CUP 10-228subject to the
attached conditions.
Citv Council Meeting, Mav 12, 2011:
At its meeting of May 12, 2011, the City Council continued the issue to the meeting of May
26, 2011, based upon further CEQA review and to come up with a solid backfill plan. Prior
to the May 12, 2011 meeting, a letter was submitted by Robert Bernheimer an attorney
representing Palms to Pines shopping center, dated May 12, 2011, stating the CEQA
studies were flawed in regard to the traffic and noise studies. The City Council requested
the applicant address the concerns outlined in the May 12, 2011 letter and work with staff.
As of the date the staff report was written, staff has not seen a written backfill plan. The
applicant is continuing to work with Palms to Pines and will present the backfill plan at the
May 26, 2011 City Council meeting.
Also, at the May 12, 2011 meeting, the applicant withdrew their request to increase the
west tower element from 34 feet to 40 feet, and leave the west tower as is.
Planning Commission Recommendation:
At its meeting of February 1, 2011 the Planning Commission approved the project on a 3-1
vote, with Commissioner Campbell absent.
The Planning Commission agreed with the Architectural Review Commission comments
and recommendation of the interior and exterior modifications, along with the increase to
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one architectural element from 34 feet to 40 feet. During the discussioin leading to
approval of the project, Commissioner De Luna recommended massing around the tower
to add more girth to an apparent narrow base. The Commission also had concerns
regarding staff's recommendation of a zoning ordinance amendment to allow supermarkets
not exceeding 70,000 gross square feet in a PC (3) zone. after learning that in the PC (3)
zone, there is nothing undeveloped land left that would accommodate a 70,000 SG grocery
store Commissioner Tanner amended his original motion, to say the maximum allowable
square footage in the PC (3) zone would be 60,000 square feet for a grocery store.
Architecture Review Commission Recommendation:
At its meeting of August 10, 2010, the Architectural Review Commission (ARC) reviewed
and approved the project.
The Commission supported the exterior modifications. Commissioner Vuksic stated that he
felt the height increase to the west tower was needed and liked what it did from a view
standpoint from Highway 111. Commissioners Van Vliet and Lambell also liked the tower
increase and agreed with Commissioner Vuksic. The ARC granted approval of the exterior
and interior modifications and recommended to the City Council the height increase to the
west tower on a 4-0-1-1 vote, with Commissioner Touschner abstaining and
Commissioners Levin and Stendell absent.
Executive Summar
Vons is requesting an amendment to Resolution No. 91-5 removing Department of
Community Development Condition of Approval No. 10 that the Waring Plaza Commercial
Center not include a supermarket. Approval of staff's recommendation would allow a
supermarket in the former Mervyns building at the Waring Plaza Commercial Center.
To approve the project, a zoning ordinance amendment to Chapter 25.30 of the Palm
Desert Municipal Code to allow supermarkets not exceeding 60,000 gross square feet as
conditional uses in the Regional Commercial PC (3) Zone is also necessary. Zoning
restrictions currently prohibit supermarkets larger than 50,000 square feet in the PC (3)
zone. Approval of staff's recommendation would allow supermarkets in the PC (3) zone not
to exceed 60,000 square feet.
In addition, the proposed project involves minor renovations and fagade modifications. The
approval of the project also includes the adoption of a Mitigated Negative Declaration of
Environmental Impact as it relates to the project, pursuant to section 15074 of the California
Environmental Quality Act (CEQA).
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Background:
A. Property Description:
The project site is located at the northeast corner of Highway 111 and Fred Waring
Drive within an existing shopping center. In 1990, Precise Plan 90-13 was filed by
DSL Service Company. On February 14, 1991, the City Council approved
Resolution No. 91-5 on a 5-0 vote to construct a 190,394 square foot retail and
commercial center known as Waring Plaza. There are five vehicular access points
to the shopping center: two on Parkview Drive, two on Fred Waring Drive and one
on Highway 111. Access to the shopping center is not proposed to be changed.
B. Amendment to Condition of Approval Number 10:
On February 14, 1991, the applicant, DSL proposed the project to the City Council
with Downey Savings and Albertson's contingently signed. Residents of Joshua
Road had submitted petitions in opposition of the project due to traffic concerns and
the potential Albertson's supermarket. Other residents were encouraged by
Albertson's, because of its location and sales tax generation. The City Council did
not find a grocery store appropriate at this location, and a condition of approval was
added requiring that the center not include a supermarket. Mervyns became the
anchor tenant of the center, and occupied the building until 2008 when the company
went bankrupt. The 78,638 square foot building has been vacant since Mervyns left.
C. Prohibition of supermarkets over 50,000 gross square feet:
On February 28, 1991, the City Council passed Ordinance 636 allowing
supermarkets in the PC (3) zone not exceeding 20,000 gross square feet, which
accommodated Trader Joe's, but eliminated traditional supermarkets.
On January 12, 2006, the City Council amended the Zoning Ordinance Chapter
25.30 to allow supermarkets not exceeding 50,000 gross square feet as conditional
uses in the Regional Commercial PC (3) zone. The amendment allowed specialty
food stores (such as Bristol Farms and Whole Foods), which have grown into the
40,000 to 50,000 square foot range.
D. General Plan Designation and Zoning:
The property is currently designated Regional Commercial (C-R) in the General
Plan and is zoned Planned Commercial (PC 3).
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E. Adjacent Zoning and Land Use:
North: Planned Commercial (PC3) / Commercial
South: Planned Commercial (PC3) Toys R Us
East: Residential Single Family (R-1) / Single Family Homes
West: Planned Commercial (PC3) Commercial
Project Description:
The applicant is requesting approval of an amendment to Resolution No. 91-5 removing
Department of Community Development Condition of Approval No. 10 that the Waring
Plaza Commercial Center shall not include a supermarket, and a zoning ordinance
amendment to Chapter 25.30 of the Palm Desert Municipal Code to allow supermarkets
not exceeding 60,000 gross square feet as conditional uses in the Regional Commercial
PC (3) Zone. In addition, the proposed project involves minor renovations and fagade
modifications.
The applicant has purchased the old Mervyns building, which was the primary anchor
tenant for approximately 15 years. Vons is currently located at 72-675 Highway 111, and
the chain recently shut down a store in Rancho Mirage on Bob Hope Drive, across from the
River. Vons has been looking for a larger space to accommodate the two stores, and has
expanded their products including an organic section to compete with specialty markets.
Vons recently purchased the property with the intent of remodeling the building to
accommodate a new 57,000 square foot supermarket, with the additional square footage
divided between three future tenants. Vons was unaware of the condition of approval
prohibiting supermarkets within the center. Vons would employ approximately 125
employees, whereas the current store at Palms to Pines has 75 employees. The hours of
operation are from 6:00 a.m. to 12:00 a.m. Monday through Sunday, with delivery hours
from 8:00 a.m. to 10:00 p.m. Monday through Saturday.
A. Building Description:
The proposed Vons and three additional retail spaces would be located within the
existing building; no building expansion is proposed. The existing building is
comprised of single story structure roughly square in proportion and surrounded by
parking on three sides, with a service area and loading docks located on the north
side of the building. The northwest portion of the subject building is connected to
another narrow building.
The building totals 78,638 square feet, with Vons utilizing 57,000 square feet. The
three additional retail spaces are existing and are included Retail Space No. 1
located alone the west side of the subject building and encompassing 16,094 square
feet; No. 2 located at the southwest corner of the building and encompassing 3,080
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square feet; and No. 3 located at the southeast corner and encompassing 1,980
square feet.
Building setbacks are approximately 360 feet from Fred Waring Drive, 270 feet from
Highway 111, 84 feet from residential homes to the east and 75 feet from residential
homes on the north. The existing enclosed loading area is approximately 45 feet
south of a residential neighborhood. The front entrance to the proposed Vons would
face Fred Waring Drive.
B. Architecture:
The applicant is proposing exterior modifications to the building. The project
architecture is of a Contemporary architecture design, consisting of new sliding
glass doors, new clear bronze windows, two new metal trellises, adding stone
veneer on the columns, and new paint colors. The paint colors are Dunn Edwards
"Desert Gray", "Bungalow Taupe", "Black", "Flaxseed", and Benjamin Moore
"Gargoyle" and "Grant Beige".
C. Landscaping:
The current landscaping has not been maintained on -site, and the applicant is
proposing to replace and add landscaping where needed. The landscape palette will
focus on a desert theme, with plants requiring minimal water usage. Preliminary
approval from the City's Landscape Specialist has not been granted at this time. A
condition of approval has been placed on the project stating that all landscape and
lighting for the facility will be strictly on site and will not intrude onto surrounding
properties. Other conditions are: that the plant selection is in conformance with the
City's Desert Floral Palette and a final landscaping plan must be reviewed and
approved by the City's Landscaping Manager before building permits are issued.
Analysis:
In 1990 some residents on Joshua Road were in favor of a supermarket based on location
and sales tax to the City, while others opposed the Albertson's market based on traffic,
delivery hours, and noise. The applicant mitigated traffic concerns by installing a cul-de-sac
at Joshua Road and adding a pedestrian access gate.
This new location will provide residents of the affordable housing communities and single
family homes in the area the ability to walk to a supermarket. The proposed new Vons
store is not a net increase to business in the city. However, accommodating their request
reflects changes in the way grocers position themselves in the market today. Larger stores
are able to offer a larger selection of products and the ability to incorporate drugstores,
which used to be in, separate but adjacent stores.
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The original condition of approval prohibiting supermarkets conflicts with Condition of
Approval No. 21, which allows commercial uses to be approved at an administrative level.
Removing the subject condition will eliminate the discrepancy. Since Vons would be
located adjacent to residential homes, staff has placed conditions of approval similar to
ones that were placed on Bristol Farms and Albertsons, which are also adjacent to
residential homes. Additionally, staff believes that removing Condition of Approval No. 10
and allowing a supermarket in the Waring Plaza Center will help revitalize the center, and
would attract more shoppers and other businesses as well.
Over the past two years the City has tried to address the vacancy of several large
buildings, mainly in the PC (3) zone. Representatives of several food stores have
approached the City about locating in these prospective vacant spaces. The zoning
restrictions prohibit supermarkets larger than 50,000 square feet in the PC (3) zone.
Traditional supermarkets have expanded and have grown to 70,000 plus square feet.
At the February 1, 2011 Planning Commission meeting, staff originally drafted a zoning
ordinance amendment allowing supermarkets smaller than 70,000 square feet as
conditional uses in the Regional Commercial PC (3) zone. After the Planning
Commissioner's comments and research of existing building square footages within the PC
(3) zone, staff believes that 60,000 square feet is an appropriate size in the PC (3) zone.
For reference purposes, the existing Albertson's supermarket located on the northeast
corner of Highway 111 and Deep Canyon Drive is 62,000 square feet, and backs up to
residential homes (Hidden Palms). The existing Ralph's supermarket located on Cook
Street and Country Club Drive is 58,000 square feet. Other notable large exiting buildings
in the PC (3) zone are: Costco (153,000 square feet), Sam's Club (160,000 square feet),
Wal-Mart (232,000 square feet), Lowe's (151,000 square feet), Target (134,000 square
feet), Sports Authority (51,000 square feet), Toys R Us (53,000 square feet). The 50,000
square foot restriction only accommodates smaller markets such as Trader Joe's, Henry's,
Whole Foods, and Bristol Farms.
A. Parking:
Waring Plaza is designed with a total of 1103 parking spaces throughout the
shopping center. The vacant building is 78,638 square feet and Vons would be
utilizing 57,000 square feet, leaving 21,100 square feet divided into three tenants.
Section 25.58.310 requires 1 parking space per 200 square feet of gross floor area
for supermarkets, totaling 285 parking spaces. The additional 21,100 square feet is
retail and parked at 4 parking spaces per 1,000 square feet of gross floor area,
totaling 85 parking spaces. Vons and three additional retail spaces require 370
parking spaces. A total of 382 parking spaces are provided on the Fred Waring
side, directly in front of Vons, and do not take away parking spaces from the retail
and restaurant uses to the west. Waring Plaza also has a reciprocal parking
agreement throughout the retail center and parking efficiencies are typically realized
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from the size and mix of retail uses. Therefore, adequate parking is provided for this
and other uses in the retail center.
B. Land Use Compatibility:
The proposed project is located within an existing commercial retail center that
provides approximately 190,394 square feet of gross leasable space. The subject
site is designated C-R (Regional Commercial) on the City General Plan land use
map. The site is also located along two major roadways, Highway 111 and Fred
Waring Drive, which serve as major regional routes and local connectors for
commercial, tourist and residential travelers throughout the area. In addition to
general retail and apparel stores, the project also includes restaurants and other
food and drink establishments.
Surrounding land uses include a mix of regional commercial, community commercial
uses, with single family and multi -family development to the north and east. Single-
family homes are located immediately north and east of the subject building. The
proposed supermarket project appears well suited for the existing building and the
location, being located at the intersection of two major roadways that provide easy
access for a wide market area.
The proposed Vons at Waring Plaza would provide 57,000 square feet and would
also provide three additional retail commercial spaces of 16,094 square feet, 3,080
square feet and 1,980 square feet. The proposed Vons would replace the recently
closed Vons at the Rancho Las Palms shopping center in Rancho Mirage to the
west, and the currently occupied store in the Palms to Pines center to the
southwest.
Vons may leave behind an empty space when they move from their current location,
and that could result in lowered revenue to the businesses in the center and a
blighted visual appearance at the Palms to Pines location. However, from a
community wide perspective, there will be a positive impact: the old Mervyns
building is larger, more visible, and surround by a greater number of businesses and
homes that are currently being adversely impacted by the void there. The vacant
Mervyns building is also having an adverse impact on commercial activity in the rest
of the center, where important synergies are realized by the mix of services
available. It should be noted that if Vons occupies this space, it will be accessible by
foot or bicycle to residents of nearby single-family homes and affordable multi -family
housing to the north and east. Neighbors immediately adjacent to the existing Vons
at Palms to Pines will be adversely impacted by the move, but a greater number of
neighbors and businesses will be positively impacted; some residents will have to
travel farther to reach a grocery store, but more shoppers will have greater ease of
access.
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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.
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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
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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.
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Larger supermarkets are also needed to compete with and complement the
big -box discount centers that have recently ventured into groceries and
produce, but which are not conveniently located to nearby residents,
especially those of more modest means. By increasing the maximum
allowable size of supermarkets to 60, 000 square feet, the City will be able to
better serve its residents and assure that these businesses can compete in
coming years. Additional conditions have been added to the project to
ensure that all the minimum requirements of the Palm Desert Municipal Code
are met, including Public Works, Building and Safety, and the Fire
Department Conditions.
2. That the proposed location of the conditional use and the conditions under
which it will be operated or maintained will not be detrimental to the public
health, safety or welfare, or be materially injurious to properties or
improvements in the vicinity.
The proposed Vons is consistent with the intent of the City's Zoning
Ordinance as described above. The project has been conditioned to address
public health and safety and will require permits from the City's Building and
Safety Department, Finance Department, Riverside County Fire Marshal, as
well as other local agencies. The project will not physically divide an
established community or neighborhood. Based on consideration of the
whole, the proposed project does not appear to conflict with any applicable
land use plan or policies. The site has been previously designed to meet
setbacks, lot coverage, building height, land use, and parking requirements
such that it will not be detrimental to the public interest, health, safety,
welfare and will not be materially injurious to properties or improvements in
the vicinity as described in more detail in the staff report.
A condition of approval has been placed on the project that will require the
project proponent to construct all necessary on and off -site infrastructure to
provide utilities to the proposed project prior to the issuance of building
permits. Water, sanitation and public utilities and services are available in
Fred Waring Drive, a public street.
An Environmental Assessment leading to a Mitigated Negative Declaration
has been prepared which concludes that there will be no adverse
environmental effects.
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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.
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May 12, 2011
Page 14
With proper management of the Vons loading area, including lighting and
delivery times, the proposed Vons can be made compatible with the
surrounding residences without adversely affecting the quality of life of
residents living in the vicinity. The relocation of Vons to this location can also
enhance its availability to local residents, including those of lower income
where pedestrian access to neighborhood commercial services can be very
important.
Goal 3 of the General Land Use Goals, Policies, and Programs states, an
appropriate mix of commercial, resort and other revenue -generating land
uses that will continue to fund a high level of community development
activities, services and facilities in the City.
The proposed project addresses a current need of the City and vicinity in that
it allows Vons to continue to occupy space in the community in a currently
vacant building that provides the space needed by modern supermarkets. It
will also have important direct and indirect impacts on City revenues by
generating retail sales and enhancing the sales potential of the existing and
future Waring Plaza businesses.
Policy 3 of the General Land Use Goals, Policies, and Programs states, the
City shall integrate land use analysis and planning with economic and fiscal
analysis as an essential part of development of a master strategic plan for
economic development.
In considering the appropriateness of the proposed use, the City balances
the land use and planning issues with those associated with maintaining a
strong local economy that generates a revenue stream to support community
facilities and services. The proposed use broadens and strengthens the City
economic base and is consistent with the City's economic development
strategies.
Policy 4 of the General Land Use Goals, Policies, and Programs states,
every opportunity shall be exploited to enhance the character and viability of
the City's commercial areas, including Highway 111, El Paseo, the University
Park planning area and the Interstate-10 corridor, by integrating nearby
higher density residential uses with retail and office/business park land uses.
The proposed project is expected to have a very positive effect on the
business district comprised on Waring Plaza, Desert Crossing and other City
commercial areas in the vicinity. By integrating the Vons with existing higher
density residential, including One Quail Place, the project helps to meet this
and similar General Plan polices. The project has the potential to enhance
the viability of this part of the City's commercial area.
GAPlanning\Kevin Swartz\Word\Vons ZOA 10-228\CC staff report tinal.doc
City Council
Vons Staff Report
ZONCUP 10-228
May 12, 2011
Page 15
Goal 2 of the Residential Land Use Goals and Policies states, the
preservation and enhancement of the City's existing neighborhoods.
The proposed Vons does not separate or significantly affect existing
neighborhoods in the planning area. Residential developments to the east
and north are all composed of internally oriented one-story single-family
neighborhoods. Project traffic, including delivery trucks, should have little or
no impact on existing neighborhoods. The proposed project does not
separate or divide an existing neighborhood but rather helps to provide
convenient access is needed neighborhood commercial services.
Policy 3 of the Residential Land Use Goals and Policies states, the City shall
encourage in -fill development on lands located adjacent to or near existing
residential areas and utilities to maximize the efficient utilization of land and
infrastructure.
Shopping centers constitute the commercial infrastructure that supports the
residents and their needs. Over the past two decades, the subject property
has seen a variety of retail users, which has includes business that have not
been able to remain viable in the long-term. In addition to providing a much -
needed boost to retail activity at Waring Plaza, the project also provides
needed day-to-day commercial services and associated amenities that will
also be conveniently available to local residents.
Goal 1 of the Commercial Land Use Goals and Policies states, an integrated
and complementary mix of commercial land uses that meet the day-to-day
needs of local residents, fully exploit opportunities to serve the regional retail
commercial market, and provide hospitality and tourist commercial
development opportunities.
The proposed project appears to be an appropriate integration of
neighborhood, residential -serving commercial services within easy walking
distance of homes to the north and east. Both the residents and others
working in the vicinity are also expected to make expenditures at the new
Vons and keep associated retail sales revenues in the City.
Goal 2 of the Commercial Land Use Goals and Policies states, a pattern of
commercial land uses conveniently and appropriately distributed throughout
the City, meeting the community's needs while minimizing the disruption to or
incompatibilities with other land uses.
As a part of the Fred Waring and Highway 111 commercial corridors, the
proposed Vons should compliment and create synergies with the other retail
businesses at Waring Plaza and the vicinity. This enhanced mix of
commercial services provides vertical integration between general retail,
GAPlanning\Kevin Swartz\WordWons ZOA 10-228\CC staff report final.doc
City Council
Vons Staff Report
ZOA/CUP 10-228
May 12, 2011
Page 16
dining and neighborhood commercial uses supports the City's overall retail
commercial and strengthens local fiscal conditions. By keeping more
commercial traffic within such an integrated center, surrounding
neighborhoods are less impacted by additional traffic. As noted above and in
the discussion under "Aesthetics", the surrounding residential developments
are internally oriented, generally turning their backs on the subject property.
Environmental Review:
For the purposes of CEQA, the Director of Community Development has determined that the
proposed project as mitigated will not have a significant negative impact on the environment
and staff has prepared a Mitigated Negative Declaration of Environmental Impact.
Submitted by:
Kevin Swartz
Assistant Planner
W.
6hn M. Wohlmuth
ity Manager
Department Head:
a nAylaian
Director of Community Development
GAPlanning\Kevin Swartz\WordWons ZOA 10-228\CC staff report final.doc
e '1
t11C=':'SC A VON$
.' I 1 D E` _i�T. CA
2,111,11AY 10 Ali 9:25
May 9, 2011
Mayor Jean Benson
Councilmember Robert Spiegel
Councilmember Cindy Finerty
Councilmember Jan Harnik
Councilmember Willian Kroonen
Palm Desert City Hall
Palm Desert, CA
Dear Mayor and City Council Members
At the upcoming City Council Meeting on May 12th 2011, Vons will make a presentation for a
proposed new store at the site of the former Mervyn's building in Fred Waring Plaza. At that time,
we will present to you the project in its final form after having completed all the studies required of
us by the Council and City Staff. However, I wanted to take the early opportunity to clarify any
confusion or misunderstandings that may be related to our existing premises at the Palm to Pines
shopping center.
Over a year ago with the purchase of the Mervyns building we clearly exhibited our resolve to
relocate out of Palm to Pines. The decision has been made to close our store. Our goal is to
consolidate these sales with those from our recently closed Rancho Mirage store in a single
location that provides us an ability to meet our competition on a level playing field. The additional
space and superior location of the new proposed Fred Waring Plaza store will allow us to
preserve and enhance the service we provide to the Palm Desert community.
Six months before closing the existing store in the Palms to Pines shopping center, Vons has the
legal obligation under its lease to use best efforts to find a financially responsible tenant that will
operate a grocery supermarket or combination grocery supermarket, drug, variety store in our
existing premises. If, despite our best efforts, we are not able to find a suitable tenant within a
specified period of time, we must exhibit to the landlord evidence of our efforts by giving to the
landlord a list of all prospective tenants with whom Vons has communicated. The landlord then
has a specified period of time to find a suitable replacement tenant. And while all of this is
occurring, we have an obligation to continue to pay rent and all other charges for the premises. If
no suitable tenant can be found by either party in the applicable timeframes, the obligation to
lease the premises returns to us, once again all the while paying full rent and all other charges
payable under the lease for the remainder of the term. The landlord also has the right to
recapture the premises if Vons finds a tenant who will operate a use different from that referred to
above.
We will continue to market the premises using prudent industry methodology until we are
successful in leasing it out. This is in both ours and the landlord's best interest.
Safeway Inc.
Vons Division
618 Michillinda Ave.
Arcadia, CA 91007 6300
P.O. Box 513338
Los Angeles,CA
90051-1336
Mayor Jean Benson
Councilmember Robert Spiegel
Councilmember Cindy Finerty
Councilmember Jan Harnik
Councilmember Willian Kroonen
Palm Desert City Hall
Palm Desert, CA
May 4, 2011
Page 2
Should we be successful and permitted to relocate to the Mervyns building, we believe our new
store could be open prior to the end of this year. Notwithstanding, in a recent conversation with
the Palms to Pines landlord's representative, we have offered to delay the closure of our Palms to
Pines store for an additional year (to the fall of 2012). We believe this is a reasonable
compromise to permit both the landlord and ourselves sufficient additional time in a recovering
economy to locate a replacement tenant for the premises without losing the benefit of this
opportunity.
We look forward to presenting our revised project on May 12th and are hopeful that we will have
your full support.
Thank you.
Yours truly,
Vons (a Division of Safeway, Inc.
Brian K. Braaten
Vice President Real Estate
ORDINANCE NO. 1221
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER
25.30 ALLOWING SUPERMARKETS NOT EXCEEDING 60,000 GROSS
SQUARE FEET AS A CONDITIONAL USE IN THE REGIONAL
COMMERCIAL PC(3) ZONE.
CASE NO. ZOA 10-228
WHEREAS, the City Council of the City of Palm Desert, California, did on the
12tn day of May, 2011, hold a duly noticed public hearing to consider modification to
Chapter 25.30 of the Palm Desert Municipal Code; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the
14t" day of April, 2011, hold a duly noticed public hearing to consider modification to
Chapter 25.30 of the Palm Desert Municipal Code, and continued the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the
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 continued the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the
24tn day of February, 2011, hold a duly noticed public hearing to consider modification
to Chapter 25.30 of the Palm Desert Municipal Code, and continued the above noted;
and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 1 st day of February, 2011, hold a duly noticed public hearing to consider the request by
Vons, and recommended approval to the City Council of the above noted; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 10-26, and the Director of Community Development has determined that
the proposed revision to the Health and Safety Code is not a project as defined under
CEQA and no further environmental review is necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council
did find the following facts and reasons to exist to justify approval of the said
amendments:
1. The proposed text amendment would update and modernize this portion of the
City Zoning Ordinance, adapting to the evolving needs of the neighborhood
commercial and, more specifically, the supermarkets.
ORDINANCE NO. 1221
2. While there will continue to be a place for the specialty neighborhood -oriented
markets, including such businesses as Bristol Farms, Trader Joe's and Jensen's,
such supermarkets as Vons provide scale, affordability and diversity of customer
products that is especially appropriate for this location.
3. By increasing the maximum allowable size of supermarkets to 60,000 square
feet, the City will be able to better serve its residents and assure that these
businesses can compete in coming years.
4. The nature of the proposed Vons and supermarket size limit is compatible with
surrounding land uses, is a part of and complements and supports the existing
commercial center, and provides residences in walkable proximity to
neighborhood commercial services.
5. The proposed project addresses a current need of the City and vicinity in that it
allows Vons to continue to occupy space in the community in a currently vacant
building that provides the space needed by modern supermarkets. It will also
have important direct and indirect impacts on City revenues by generating retail
sales and enhancing the sales potential of the existing and future Waring Plaza
businesses.
Therefore, for these reasons, the amendments to the municipal code are deemed by the
City Council to be necessary.
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1: That the above recitations are true and correct and constitute the
findings of the City Council on this matter.
SECTION 2: Palm Desert Municipal Code Chapter 25.30 is hereby amended
and restated as described in Exhibit A, respectively, attached
hereto.
SECTION 3: That the City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Desert Sun, a newspaper
of general circulation, published and circulated in the City of Palm
Desert, California, and shall be in full force and effective thirty (30)
days after its adoption.
M
ORDINANCE NO. 1221
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this
day of , 2011, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
3
JEAN M. BENSON, Mayor
ORDINANCE NO. 1221
EXHIBIT "A"
SECTION 1
That Section 25.30.02013 be and the same is hereby amended to read as
follows:
B. Regional center (PC-3):
Such uses include, but are not limited to, supermarkets less than 60,000 -gross
square feet, department stores, banks, variety stores, professional offices, restaurants,
except drive-in or drive -through, and general retail uses, amusement and recreation
establishments including, but not limited to, theater and amusement arcades.
1. All businesses presently having five or more mechanical or
electronic games shall either apply for a conditional use within six months of the date of
the ordinance codified in this subsection, or reduce the number of said games to four.
2. If the applicant is refused a conditional use permit, the individual
shall reduce the number of games to four within sixty days of denial of permit request.
SECTION 2
That Section 25.30.026 be and the same is hereby amended to read as follows:
A. 25.30.026 Prohibited uses. Any permitted use set forth in Sections
25.30.020 and 25.30.025 is prohibited when such parcel contains any hillside area as
set forth in Section 25.26.020.
B. A "supermarket" as defined in Section 25.04.797 having 60,001 -gross
square feet or more shall be a prohibited use in the PC(3) zone.
El
RESOLUTION NO. 2011-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVAING: AN AMENDMENT TO
RESOLUTION NO. 91-5 REMOVING DEPARTMENT OF COMMUNITY
DEVELOPMENT / PLANNING CONDITION NUMBER 10 STATING
THAT THE WARING PLAZA COMMERCIAL CENTER SHALL NOT
INCLUDE A SUPERMARKET; EXTERIOR MODIFICATIONS; AND
APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT,
PURSUANT TO SECTION 15074 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA). THE PROPERTY IS
LOCATED AT 72-280 HIGHWAY 111.
CASE NO: CUP 10-228
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12t"
day of May, 2011, hold a duly noticed public hearing to consider the request by Vons, for
approval of the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 14tn
day of April, 2011, hold a duly noticed public hearing to consider the request by Vons, and
continued the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 10tn
day of March, 2011, hold a duly noticed public hearing to consider the request by Vons,
and continued the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th
day of February, 2011, hold a duly noticed public hearing to consider the request by
Vons, and continued the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 1 st day of February, 2011, hold a duly noticed public hearing to consider the
request by Vons, and recommended approval to the City Council of the above noted; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act",
Resolution No. 10-26, the Director of Community Development has determined that the
project has required an Environmental Assessment resulting in a Mitigated Negative
Declaration, and the Planning Commission recommends approval of the Mitigated
Negative Declaration in substantially the form as shown in Exhibit "A"; and
RESOLUTION NO.2011-15
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did find the following facts and reasons to exist to justify the
recommendation to the City Council of said request:
Findings of Approval:
1. That the proposed location of the conditional use is in accordance with the
objectives of the zoning ordinance and the purpose of the district in which
it is located.
The proposed location of the project is located in a PC (3), Planned
Commercial Regional Center zone. The purpose the PC-3 regional
commercial center is to provide a unified area for commercial uses which
offer a wide range of goods and services. Chapter 25.30 of the City of
Palm Desert's Zoning Ordinance section 25.30.026 states a supermarket
having fifty thousand and one gross square feet or more shall be a
prohibited use the PC (3) zone. The proposed zoning ordinance
amendment to Chapter 25.30 of the Palm Desert Municipal Code to allow
supermarkets not exceeding 60,000 gross square feet as conditional uses
in the Regional Commercial PC (3) zone, would comply with the zoning
ordinance. The proposed text amendment would update and modernize
this portion of the City Zoning Ordinance, adapting to the evolving needs
of the neighborhood commercial and, more specifically, the supermarkets.
While there will continue to be a place for the specialty neighborhood -
oriented markets, including such businesses as Bristol Farms, Trader
Joe's and Jensen's, such supermarkets as Vons provide scale,
affordability and diversity of customer products that is especially
appropriate for this location.
Larger supermarkets are also needed to compete with and complement
the big -box discount centers that have recently ventured into groceries
and produce, but which are not conveniently located to nearby residents,
especially those of more modest means. By increasing the maximum
allowable size of supermarkets to 60,000 square feet, the City will be able
to better serve its residents and assure that these businesses can
compete in coming years. Additional conditions have been added to the
project to ensure that all the minimum requirements of the Palm Desert
Municipal Code are met, including Public Works, Building and Safety, and
the Fire Department Conditions.
2. That the proposed location of the conditional use and the conditions under
which it will be operated or maintained will not be detrimental to the public
health, safety or welfare, or be materially injurious to properties or
improvements in the vicinity.
2
RESOLUTION NO.2011-15
The proposed Vons is consistent with the intent of the City's Zoning
Ordinance as described above. The project has been conditioned to
address public health and safety and will require permits from the City's
Building and Safety Department, Finance Department, Riverside County
Fire Marshal, as well as other local agencies. The project will not physically
divide an established community or neighborhood. Based on consideration
of the whole, the proposed project does not appear to conflict with any
applicable land use plan or policies. The site has been previously designed
to meet setbacks, lot coverage, building height, land use, and parking
requirements such that it will not be detrimental to the public interest, health,
safety, welfare and will not be materially injurious to properties or
improvements in the vicinity as described in more detail in the staff report.
A condition of approval has been placed on the project that will require the
project proponent to construct all necessary on and off -site infrastructure
to provide utilities to the proposed project prior to the issuance of building
permits. Water, sanitation and public utilities and services are available in
Fred Waring Drive, a public street.
An Environmental Assessment leading to a Mitigated Negative
Declaration has been prepared which concludes that there will be no
adverse environmental effects.
3. That the proposed conditional use will comply with each of the applicable
provisions of the zoning ordinance, except for approved variances or
adjustments.
The proposed use is consistent with the intent of the Zoning Ordinance,
except for a zoning ordinance amendment to Chapter 25.30 of the Palm
Desert Municipal Code, which is simultaneously proposed. The use of a
supermarket with a Conditional Use Permit (for the land use), is consistent
with the intent of the City's Zoning Ordinance as described in the staff
report. The nature of the proposed Vons and supermarket size limit is
compatible with surrounding land uses, is a part of and complements and
supports the existing commercial center, and provides residences in
walkable proximity to neighborhood commercial services.
Additionally, conditions have been added to the project to ensure that all
the minimum requirements of the Palm Desert Municipal Code are met,
including building, landscaping, public works, and the fire department
conditions, as well as the mitigated negative declaration.
3
RESOLUTION NO.2011-15
4. That the proposed conditional use complies with the goals, objectives and
policies of the City's General Plan.
The General Plan land use designation for the site is C-R (Regional
Commercial). A primary objective stated in the General Land Use Goals,
Policies and Programs is:
Goal 2, which states, a diverse resort residential community of desirable
residential neighborhoods and resorts, full commercial services, and
institutional uses that complement the employment base and provide a
variety of community services and facilities.
Palm Desert has developed as the premier commercial retail center of the
Coachella Valley, with the Town Center Mall, Desert Crossings and a
variety of other retail commercial centers. It is also the home of the
premier high -end El Paseo commercial corridor, which has evolved as a
unique and unrivaled premier shopping district of the City. The City has
also emerged as a highly diverse residential community with residential
product to appeal to a broad socio-economic cross section. The proposed
project represents an important consolidation of other supermarkets,
including the now vacated Vons at the Rancho Las Palmas shopping
center in Rancho Mirage. The proposed Vons fulfills an important need for
City residents, fills a currently vacant retail space, enhances the function
and desirability of Waring Plaza, and complement the local employment
base of the City.
With proper management of the Vons loading area, including lighting and
delivery times, the proposed Vons can be made compatible with the
surrounding residences without adversely affecting the quality of life of
residents living in the vicinity. The relocation of Vons to this location can
also enhance its availability to local residents, including those of lower
income where pedestrian access to neighborhood commercial services
can be very important.
Goal 3 of the General Land Use Goals, Policies, and Programs states, an
appropriate mix of commercial, resort and other revenue -generating land
uses that will continue to fund a high level of community development
activities, services and facilities in the City.
The proposed project addresses a current need of the City and vicinity in
that it allows Vons to continue to occupy space in the community in a
currently vacant building that provides the space needed by modern
supermarkets. It will also have important direct and indirect impacts on
City revenues by generating retail sales and enhancing the sales potential
of the existing and future Waring Plaza businesses.
rd
RESOLUTION NO.2011-15
Policy 3 of the General Land Use Goals, Policies, and Programs states,
the City shall integrate land use analysis and planning with economic and
fiscal analysis as an essential part of development of a master strategic
plan for economic development.
In considering the appropriateness of the proposed use, the City balances
the land use and planning issues with those associated with maintaining a
strong local economy that generates a revenue stream to support
community facilities and services. The proposed use broadens and
strengthens the City economic base and is consistent with the City's
economic development strategies.
Policy 4 of the General Land Use Goals, Policies, and Programs states,
every opportunity shall be exploited to enhance the character and viability
of the City's commercial areas, including Highway 111, El Paseo, the
University Park planning area and the Interstate-10 corridor, by integrating
nearby higher density residential uses with retail and office/business park
land uses.
The proposed project is expected to have a very positive effect on the
business district comprised on Waring Plaza, Desert Crossing and other
City commercial areas in the vicinity. By integrating the Vons with existing
higher density residential, including One Quail Place, the project helps to
meet this and similar General Plan polices. The project has the potential
to enhance the viability of this part of the City's commercial area.
Goal 2 of the Residential Land Use Goals and Policies states, the
preservation and enhancement of the City's existing neighborhoods.
The proposed Vons does not separate or significantly affect existing
neighborhoods in the planning area. Residential developments to the east
and north are all composed of internally oriented one-story single-family
neighborhoods. Project traffic, including delivery trucks, should have little
or no impact on existing neighborhoods. The proposed project does not
separate or divide an existing neighborhood but rather helps to provide
convenient access is needed neighborhood commercial services.
Policy 3 of the Residential Land Use Goals and Policies states, the City
shall encourage in -fill development on lands located adjacent to or near
existing residential areas and utilities to maximize the efficient utilization of
land and infrastructure.
Shopping centers constitute the commercial infrastructure that supports
the residents and their needs. Over the past two decades, the subject
property has seen a variety of retail users, which has includes business
that have not been able to remain viable in the long-term. In addition to
providing a much -needed boost to retail activity at Waring Plaza, the
61
RESOLUTION NO. 2011-15
project also provides needed day-to-day commercial services and
associated amenities that will also be conveniently available to local
residents.
Goal 1 of the Commercial Land Use Goals and Policies states, an
integrated and complementary mix of commercial land uses that meet the
day-to-day needs of local residents, fully exploit opportunities to serve the
regional retail commercial market, and provide hospitality and tourist
commercial development opportunities.
The proposed project appears to be an appropriate integration of
neighborhood, residential -serving commercial services within easy walking
distance of homes to the north and east. Both the residents and others
working in the vicinity are also expected to make expenditures at the new
Vons and keep associated retail sales revenues in the City.
Goal 2 of the Commercial Land Use Goals and Policies states, a pattern
of commercial land uses conveniently and appropriately distributed
throughout the City, meeting the community's needs while minimizing the
disruption to or incompatibilities with other land uses.
As a part of the Fred Waring and Highway 111 commercial corridors, the
proposed Vons should compliment and create synergies with the other
retail businesses at Waring Plaza and the vicinity. This enhanced mix of
commercial services provides vertical integration between general retail,
dining and neighborhood commercial uses supports the City's overall
retail commercial and strengthens local fiscal conditions. By keeping more
commercial traffic within such an integrated center, surrounding
neighborhoods are less impacted by additional traffic. As noted above and
in the discussion under "Aesthetics", the surrounding residential
developments are internally oriented, generally turning their backs on the
subject property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
1. 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.
1.1
RESOLUTION NO.2011-15
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 121" day of May, 2011, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
JEAN M. BENSON, Mayor
7
RESOLUTION NO. 2011-15
CONDITIONS OF APPROVAL
CASE NO: CUP 10-228
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development/Planning, as modified by the
following conditions.
2. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Coachella Valley Water District
City Fire Marshal
Public Works Department
Riverside County Health Department
Building and Safety Department
Evidence of said permit or clearance from the above agencies shall be
presented to the department of building and safety at the time of issuance of a
building permit for the use contemplated herewith.
3. Access to trash/service areas shall be placed so as not to conflict with parking
areas. Said placement shall be approved by applicable waste company and
Department of Community Development and shall include a recycling program.
4. Delivery hours for the supermarket shall be limited to 8:00 a.m. to 10:00 p.m.
5. No deliveries/pickups shall be made to and/or from any part of the property
between the hours of 10:00 p.m. and 8:00 a.m. No trucks or other delivery
vehicles may, stage stand or wait on the site any time unless actively engaged in
loading/unloading and parked within the loading area.
6. Store hours for the supermarket shall be limited to 6:00 a.m. to 12:00 p.m.
(midnight) seven days a week.
7. That the building colors be consistent with those shown on the material sample
board and the design is consistent as approved by the Architectural Review
Commission.
8. That any future restaurants on the site shall provide an effective means of odor
control from cooking units satisfactory to the Planning and Building Departments
prior to issuance of building permit.
E-*3
RESOLUTION NO.2011-15
9. That all signs on site be approved by the Architectural Review Commission and
conform to the ordinance requirements.
10. A detailed parking lot and building lighting plan shall be submitted to staff for
approval, subject to applicable lighting standards, plan to be prepared by a
qualified lighting engineer.
11. Construction of a portion of said project shall commence within one year from
the date of final approval unless an extension of time is granted; otherwise said
approval shall become null, void and of no effect whatsoever.
12. All sidewalk plans shall be reviewed and approved by the Department of Public
Works.
13. All Landscaping and lighting for the facility shall be strictly on site and will not
intrude onto surrounding properties.
14. The owner shall be responsible for installation and maintenance of landscaping
of the property, as indicated on the approved landscape plan.
15. All conditions of approval shall be recorded before any building permits are
issued. Evidence of recordation shall be submitted to the Department of
Community Development/Planning.
16. All HVAC roof -mounted mechanical equipment must be screened from public
view.
17. All construction vehicles or equipment, fixed or mobile, shall be equipped with
properly operating and maintained mufflers consistent with the manufacturers'
standards. Equipment operators shall place all stationary construction equipment
so that emitted noise is directed away from sensitive noise receptors.
18. All operations shall comply with the City Noise Ordinance Chapter 9.24 of the
Palm Desert Municipal Code.
19. Vehicular routes for construction -related truck traffic shall be reasonably
designated to ensure that acceptable noise levels are maintained for existing
residential neighborhoods to the north and east. Stockpiling and/or vehicle
staging areas shall be located as far as possible from existing residential
neighborhoods.
20. The construction contractor shall locate equipment staging in areas that will
create the greatest distance between construction -related noise sources and
noise sensitive receptors nearest to the project site during all construction
phases.
9
RESOLUTION NO. 2011-15
21. The design, selection, and placement or replacement of mechanical equipment
shall include consideration of the potential noise impact on nearby residences.
Roof -mounted equipment shall be screened by effective acoustical barriers, such
as parapet walls or similar architectural elements. As set forth in the project
noise impact study, all rooftop -mounted equipment must be within the existing
rooftop enclosure area and the rooftop equipment area must be surrounded by a
wall higher than the top of any of the rooftop mounted equipment.
22. Appropriate sound attenuation measures, such as silencers and/or barriers, shall
be provided where necessary on outdoor equipment, whether roof or pad -
mounted, including but not limited to cooling towers, air-cooled condensers,
refrigeration compressors/condenser units, and air intake and discharge
openings for building ventilation.
23. That pursuant to the noise study / acoustical study prepared by Helix
Environmental Planning, Inc, the following conditions shall be imposed:
a. As set forth in the project noise impact analysis, the existing loading dock
wall must be of sufficient length to fully shield the line of site view of any
truck at the loading dock as shown on the attached project plans.
b. All truck engines must immediately shutdown when the truck is parked at
the loading dock.
c. All truck refrigeration must be shut down immediately after arrival and for
the duration of the time while the truck is at the loading dock and shall not
be restarted until the unit has left the site. If the refrigeration unit is a
hybrid that can be operated from an on -site electric power connection it
may be operated from electric power while at the dock.
d. The on -site hydraulic trash compactor shall be limited to operation
between the hours of 7 AM and 7 PM, and shall be operated in an
efficient but non -continuous manner to limited potential impacts to nearby
residents.
e. Enclose loading dock doors at the majors and market.
f. Post signs requiring all loading and entrance doors to remain closed at all
times except during loading and unloading.
g. Install bumpers on docks to cushion impacts of trucks when backing up.
h. Require any bridging devices used to bridge the gap between the dock
and the truck, to be designed to be put in place and removed without
impact.
i. Prohibit all horn blowing. Post accordingly.
10
RESOLUTION NO. 2011-15
j. Prohibit loud talking radios. Post accordingly.
k. Prohibit the use of forklifts except within the closed section of the docks.
1. Prohibit all the external mechanical equipment on any store except trash
compactors.
m. Prohibit existing exhausts or location of fans on the east wall of shops.
n. Require evaluation of the mechanical equipment designs for compliance
prior to issuance of the building permits.
o. Prohibit parking of trucks or trailers overnight within 500 feet of the
residences or in the alley, except the weeks prior to Thanksgiving and
Christmas Day, and on Thanksgiving and Christmas Day's.
p. Erect an eight foot wall around the trash compactors, or enclose the
hydraulic pump box.
24. The City shall review the project improvement plans and assure that equipment
maintenance and staging areas are located a sufficiently distance from existing
residences. City inspectors, as well as the general contractors, shall regularly
monitor construction operations and associated noise generation near
residences. Operational noise issues, including roof -mounted mechanical
equipment and loading dock and trash compacting facilities, will be mitigated on
a case -by -case basis, if and when they arise.
25. Designate acceptable truck/construction equipment route(s), as appropriate.
26. The applicant must extend the loading dock block wall by 24 feet in length and 8
feet in height to screen the delivery trucks.
27. In the event that there are noise issues and/or noise complaints from adjacent
property owners when all other noise mitigation has been implemented, the
applicant shall construct an insulated truck tunnel around the loading dock area
similar to the one constructed at the Albertsons Grocery Store located on Highway
111 and Deep Canyon Road.
DEPARTMENT OF PUBLIC WORKS:
1. Easements for pedestrian access along Fred Waring Drive shall be dedicated to
the public.
2. The applicant shall modify all ramps in the ADA path of travel, including ramps in
the Public Right of Way, to meet current accessibility standards.
3. A final landscape plan must be submitted for review and approval prior to the
issuance of any permits. Applicants are advised to use the City of Palm Desert
11
RESOLUTION NO.2011-15
Design Guide when designing plans. Landscape plans must meet the following
criteria:
a. Must be water efficient in design and meet the City of Palm Desert's Water
Efficient Landscape Ordinance.
b. Planting plans must show location of proposed and existing utilities.
c. Must match approved civil plans.
d. All specs and details must be site specific.
e. Applicants must have CVWD approval of their irrigation plans prior to City
approval.
BUILDING DEPARTMENTS CONDITIONS:
Project must conform to the current State of California Codes adopted at the
time of plan check submittal. The following are the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency
Standards)
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE.
2. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1173.
3. 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:
113413.2.1
A primary entrance to the building or facility and the primary path of travel to the
specific area of alteration, structural repair or addition, and sanitary facilities,
drinking fountains, signs and public telephones serving the area.
4. All exits must provide an accessible path of travel to the public way. (CBC
1024.6 & 1127B.1)
5. Detectable warnings shall be provided where required per CBC 113313.8 and
112713.5 (7). The designer is also required to meet all ADA requirements. Where
an ADA requirement is more restrictive than the State of California, the ADA
requirement shall supercede the State requirement.
12
RESOLUTION NO. 2011-15
6. Provide an accessible path of travel to the trash enclosure. The trash enclosure
is required to be accessible. Please obtain a detail from the Dept of Building and
Safety.
7. All contractors and subcontractors shall have a current City of Palm Desert
Business License prior to permit issuance per Palm desert Municipal Code, Title
5.
8. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
9. Address numerals shall comply with Palm Desert Ordinance No. 1173 (Palm
Desert Municipal Code 15.15. Compliance with Ordinance 1173 regarding street
address location, dimension, stroke of line, distance from street, height from
grade, height from street, etc. shall be shown on all architectural building
elevations in detail. Any possible obstructions, shadows, lighting, landscaping,
backgrounds or other reasons that may render the building address unreadable
shall be addressed during the plan review process. You may request a copy of
Ordinance 1173 or Municipal Code Section 15.15 from the Department of
Building and Safety counter staff.
FIRE DEPARTMENTS CONDITIONS:
You have been release for a tenant improvement on an existing Building. This is
not occupancy Permit. Prior to opening your business, you must contact the
Fire Marshal's office to schedule an appointment for a fire Life Safety inspection.
You and the contractor must be present at time of inspection.
2. It is prohibited to use/process or store any materials in this occupancy that would
classify it as "H" occupancy per Sec. 307 of the 2007 CBC.
3. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately for approval prior to construction. Subcontractors should
contact the Fire Marshal's Office for submittal requirements.
4. Applicant/Developer shall be responsible for installing a fire alarm system /
sprinkler system required 3000 square feet or more. Plans must be submitted to
the Fire marshal's Office prior to installation.
5. Shelving, counters, etc. Must be in place; however no merchandise may be
placed in the building prior to inspection.
6. A minimum 2A10BC Fire Extinguisher, (State Fire Marshal Approved) must be
mounted in a visible location within 75' walking distance from any point in your
building or suite. Fire extinguishers can be installed by a licensed company with
a State Fire Marshal service tag attached to the extinguisher. Or purchased from
13
RESOLUTION NO.2011-15
a retail store with the sales receipt attached. A licensed company must service
extinguishers yearly.
7. All Electrical breakers must be labeled, having a clearance of not less than 36
inches and must be maintained around the panel at all times.
8. A durable sign stating "This Door to Remain Unlocked Whenever the Building is
Occupied" Shall be place on or adjacent to the front exit doors. The Sign shall be
in letters not less than one inch high on a contrasting background.
9. If towers exceed 160 cubic feet (inside space) fire sprinkles shall be
required in combustible sealed spaces throughout.
PLANNING COMMISSION CONDITIONS:
1. That the Zoning Ordinance Amendment to Chapter 25.30 of the Zoning
Ordinance to allow supermarkets not exceeding 60,000 gross square feet as
Conditional Uses in the Regional Commercial PC(3) zone.
2. All signage must be approved by the Architectural Review Commission.
14
RESOLUTION NO.2011-15
EXHIBIT "A"
MITIGATED NEGATIVE DECLARATION
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
APPLICANT/PROJECT SPONSOR:
Vons, A Safeway Company
618 Michillinoa Ave
Arcadia, CA 91007
PROJECT DESCRIPTION/LOCATION:
Mitigated Negative Declaration of Environmental Impact, to allow an amendment to
Resolution No. 91-5 removing Department of Community Development Condition of
Approval No. 10 that the Waring Plaza Commercial Center shall not include a
supermarket. Approval of staff's recommendation would allow a supermarket in the
former Mervyns building at the Waring Plaza Commercial Center; a zone ordinance
amendment to Chapter 25.30 of the Palm Desert Municipal Code to allow supermarkets
not exceeding 60,000 gross square feet as conditional uses in the Regional
Commercial PC (3) Zone; and exterior modifications
The Director of the Department of Community Development, City of
California, has found that the described project as mitigated will not ha
negative effect on the environment. A copy of the Initial Study has been
document supporting the findings. Mitigation measures, if any, included i
avoid potentially significant effects, may also be found attached.
LAURI AYLAIAN DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
15
Palm Desert,
ve a significant
attached to the
n the project to
May 16, 2011
Honorable Mayor Jean Benson
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
RE: Vons Relocation
Palm Desert
Dear Mayor Benson and Councilmembers,
.Zli.
-n
N
N
M
Thank you for receiving my comments again last Thursday at the public forum. I
have taken the liberty of forwarding them to you in print and ask you to once
again take a moment to consider the weight and wisdom of my arguments.
After some eight months of debate and politics and multiple hearings and delays,
after all the rhetoric of CEQUA studies, traffic studies, and noise studies, and
vacancies is finished- tonight we will hear the final decision of this council. The
primary question I think for the majority of Palm Desert citizens who are not here
in this chamber is - was this decision simply a lateral move, a relocation of Vons
with no long term gain for the community? Or is it tremendous step forward for
the community as a whole?
The new Vons store is not simply a lateral move. The overall impact on the
community is not simply neutral, neither is it without short term effect on a few
merchants, but it is overwhelmingly positive:
1. IMPORTANCE OF KEEPING VONS IN THE CITY. When it was first built 3
decades ago, the Palms to Pines center served Vons and the community well. But
times have changed. Today, Palms to Pines Vons store is too small, outdated, and
will be closing. Therefore the primary issue is not keeping Vons open, but does
this council want to keep Vons in Palm Desert long term?
2. IMPORTANCE OF IMPROVING THE CITY'S MOST VISIBLE ENTRANCE. Today —
three decades later, the primary visible entrance to the city has shifted west from
El Paseo to Fred Waring. Therefore it is of great urgency that the city allow the
redevelopment of the city's largest and most visible vacancy.
3. IMPORTANCE OF SCALE. Waring Plaza, on 20 acres, represents some two
dozen merchants. Palms to Pines West? Six merchant signatories. If I were one of
these shadow merchants, I wouldn't like it either. Change is hard, and it is never
without consequence. Truly we sympathize with them, as having lost several of
our anchor tenants to other retail centers in the city as well. But long term, this
change is best for the community.
4. IMPORTANCE OF REDEVELOPMENT. Desert Crossings is a good example of
the overall betterment for the entire community, despite the temporary vacancy
it left behind (Circuit City was replaced with The Alley. Barnes and Noble with Big
5). Should Desert Crossings have been delayed to appease the few merchants -
and us as their landlord having to re -tenant these vacancies? At the time, I too
argued — yes. But today, do I wish that I had stood in the way of building Desert
Crossings and improving our community? Certainly not. It's proved to be a most
valuable addition to the community, creating opportunity for bringing in new
retailers like They Alley. The relocation and expansion of Vons represents a
catalyst to move both centers forward.
We certainly sympathize with the few shadow merchants who will be impacted in
the short term. But a yes vote means yes to millions of dollars of capital
improvements to the cit primary entrance along Hwy 111, yes to progress for
the city as a whole, yes to/keeping Vons in t city long term, and yes to filling the
city's largest big 0 x vacancy with a Fort 30 retailer.
Respectfu
Andrew Weigel, IM, CP
Realty Trust Gr up
23905 Clinton Keith Rd #114-529
Wildomar, CA 92595
951-894-6132 w
866-929-6694 f
951-760-6305 c
PS Mayor Benson, please do not disregard this, or the other 150 letters you
publicly disregarded as "garbage" simply because they have a non Palm Desert
return address. Many of us have legitimate, legal, residential, and commercial
interests in our city despite our business return address Thank you
Klassen, Rachelle
From: Swartz, Kevin
Sent: Friday, May 20, 2011 11:17 AM
To: Klassen, Rachelle
Subject: FW: Letters of Support
Attachments: CCEOOOOO.pdf
From: Josh Zipperman [mailto:josh 0&BurkeRix.coml
Sent: Friday, May 20, 2011 11:09 AM
To: Swartz, Kevin
Subject: Letters of Support
Hi Kevin,
Attached a few letters of support regarding the Vons project.
I hope that you can get them in the City Council packets.
Thanks
Josh Zipperman
Senior Associate
Burke Rix Communications
431 S. Palm Canyon Drive, Suite 206
Palm Springs, CA 92262
Phone: (760) 327-9708 x24
Fax: (760) 327-9788
www.burkerix.com
�r
BURKE I PI:
COWOWNICATIONS
E-mail Disclaimer:
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This e-mail and any files transmitted with it are confidential and are intended solely for use of the individual or entity to which they are addressed. If you are not the intended recipient or
the person responsible for delivering this e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or
copying of this e-mail is strictly prohibited. This e-mail is covered by The Electronic Communications Privacy Act (ECPA), 18 U.S.C. §§ 2510-2521 and is legally privileged. This transmission
may also be protected under the attorney -client privilege, the attorney work product doctrine and/or other protective orders. These rights will be strictly enforced. If you have received this
e-mail in error, please immediately notify the sender at (760) 327-9708.
APles,se Consiclerthe enviton mentbefore printing this e-mil
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Klassen, Rachelle
From: Swartz, Kevin
Sent: Tuesday, May 24, 2011 2:27 PM
To: Klassen, Rachelle
Subject: FW: Vons Traffic study
Attachments: 20110523154636354.pdf; 20110523154736370.pdf; 20110523155410932.pdf
From: John A. Boarman [mailto•boarman@Ilgengineers.coml
Sent: Monday, May 23, 2011 4:32 PM
To: Diercks, Mark; Greenwood, Mark
Cc: Swartz, Kevin; Josh Zipperman; John Criste; Brian Braaten
Subject: Vons Traffic study
Mark and Mark,
Attached is the response letter to the May 121h Robert Bernheimer letter which included the supplemental analysis that
we discussed last week. The tables and graphic referenced in the response are also attached as well as what we call
Appendix B which is the Synchro analysis sheets. Pis call me with any questions. Thank you.
John
Appendix B can be accessed on our FTP site. To access the FTP site, use the following information:
Site: ftp://ftp.11gengineers.com/
(Recommend opening in Windows Explorer, not Internet Explorer)
Username:SD017
Password: BpC5eTU
(Both the user name and password are case -sensitive)
John Boarman, P.E.
Principal
boarman@llgengineers.com
Linscott, Law & Greenspan, Engineers
4542 Ruffner Street, Suite 100
San Diego, CA 92111
858-300-8800 Ext. 236
1
May 23, 2011
Engineers &Planners
Traffic
Transportation
Parking
City Public Works and Planning Departments
The City of Palm Desert
LinSCott,Law&
Palm Desert Civic Center
Greenspan, Engineers
73 -5 10 Fred Waring Drive
4542 Ruffner Street
Palm Desert, CA 92260
suite 100
San Diego, CA 92111
LLG Reference: 3-10-1991
858.300.8800 r
858.300.8810 r
wwwAgengineers,com
Subject: Response to the Bernheimer Letter submitted May 12, 2011
Pasadena
Costa Mesa
Dear Sirs:
San Diego
Las Vegas
Based on a letter from Robert A. Bernheimer, dated May 12, 2011, the following are
responses to the comments regarding the traffic study for the proposed Von's Palm
Desert Project. The traffic study was completed according to professional traffic
engineer's standards and is consistent with CEQA guidelines and City of Palm Desert
Traffic Study Guidelines. The findings and recommendations in the traffic report
dated 12/21/10 is an accurate and impartial analysis of the potential traffic impacts
associated with the proposed project.
1&2. "Phantom Traffic" Artificially Minimizes Project Impacts and Makes the
Traffic Study Impossible to Understand
The existing and now vacant Mervyn's store will be remodeled and re-
occupied by the proposed project, and it is therefore appropriate to assume the
project is a traffic replacement as opposed to being built on raw vacant land.
In order to account for the fact that the Mervyn's store was not generating
traffic at the time traffic counts were conducted, the Mervyn's store traffic
was properly calculated and added onto the 2010 existing traffic counts.
Therefore, Figure 3-2 of the traffic study (Existing Traffic Volumes) does
take into account and includes Mervyn's traffic. This is the standard of
Philip M. Linscott, PEne2a-mao)
practice in traffic engineering for these types of replacement projects. This is
Jack M. Greenspan, PE (Rot)
clearly explained in the study on page 8, which states "the existing traffic
William A. Law, PE (Rat.)
volumes were adjusted to account for traffic which would have been
Paul W. Wilkinson, PE
generated by the now emply Mervyn's building."
John P. Keating, PE
David S. Shender, PE
As evidence that Mervyn's traffic is included in the Figure 3-2 counts, a
John A, Boarman, PE
review of the actual traffic counts in Appendix A of the traffic report shows
Clare M. Look -Jaeger, PE
that these counts are lower than the volumes shown on Figure 3-2 since the
Richard E. Barretto, PE
figure includes Mervyn's volumes. These counts included those taken at the
Keil 0. Maberry, PE
project driveways.
An LG2W8 Company Founded l%a
N:119911ConaneutslOpposition Response Letter_5.23.11 doc
City of Palm Desert
May 23, 2011
Page 2
The u-turns associated with Mervyn's store traffic are included in the overall
left turn movement volumes (and not shown separately), as this is common
practice for an Existing Conditions figure (i.e. left -turns and u-turns are
combined and shown as a left -turn volume). Figure 3-2 shows the left -turns
and the a -turns as one combined left -turn movement. It should be noted that
Mervyn's traffic was distributed to the street system (driveways and off -site
intersections) in the same manner as the proposed Vons traffic.
Table 7-1 of the traffic study show that the Mervyn's traffic was included in
the analysis as "existing site land uses."
The traffic study used the ITE free-standing discount store land use code to
predict the trips generated by Mervyn's. The traffic study authors believe this
land use most closely matches Mervyn's. Consideration was given to using
the Department Store code and the Shopping Center code. In order to provide
supplemental information, an analysis was conducted assuming a "department
store" code for Mervyn's. Table A shows the trip generation for the site using
this assumption.
It should be noted that since the traffic generated by Mervyn's was added to
the existing counts and that the same amount was subtracted in the trip
generation table, the amount of traffic generated by Mervyn's does not affect
the "with project" traffic volumes or the analysis results.
In order to clarify the question concerning the difference between the existing
intersection operations using on -the -ground volumes versus the existing with
Mervyn's volumes factored in (using the Department Store trip rate), Table B
was prepared which shows the results of these two analyses. As can be seen,
acceptable LOS D or better operations are calculated at each project driveway
and off -site intersection. Appendix B to this letter contains the analysis sheets.
3. Assumptions as to Traffic Flow are Nonsensical and Artificially Reduce
Traffic Volumes on Fred Waring Drive
The assignment and distribution for the proposed project traffic was
determined after careful consideration of the project site's driveways, the
surrounding roadway conditions and accessibility, and several visits to the
shopping center. The fact that the two driveways on hied Waring Drive
prohibit outbound left turns combined with the fact that u-turns are not
allowed at the Fred Waring Drive/Highway 111 intersection for traffic exiting
these driveways and wishing to travel eastbound on Fred Waring, prompted
the TIA authors to assume that a portion of project trips would leave the site
by utilizing the driveway at Parkview Drive.
N:\t991\CommeotslQppnsitinn Response 1,ctter_5-23-11_doc
City of Palm Desert
May 23, 2011
Page 3
The following are a few of the reasons ingress and egress from Fred Waring
Drive will be limited:
a The Fred Waring Drive entry for eastbound traffic is unprotected and
some drivers will feel more comfortable continuing along Highway
111 to take the Highway l 11 entry rather than turn left across three
lanes of westbound traffic on Fred Waring Drive.
b Exiting onto Fred Waring Drive to go west on Highway 111 is also
avoided by some drivers. This is due to the poor sight distance at this
skewed intersection, where it is difficult to see Highway 111 traffic
coming from the east.
c Exiting at the Highway I I I and Parkview driveways for westbound
traffic provides much better sight distance.
d Exiting traffic heading northeast will find it most easy to use the
Parkview driveways and head east to the signal at Monterey Avenue.
This provides easy access for those in Monterey Country Club and
other residential development east of Monterey and for those in the
eastern portion of Rancho Las Palmas Country Club. It also provides
easy access to Fred Waring Drive and points east by turning right onto
southbound Monterey Avenue to the signal at Fred Waring Drive.
Also, it was determined that some shoppers wishing to head southbound on
Highway I I I would be less likely to utilize the driveways at Fred Waring
Road, as they would be forced to quickly weave across three lanes of traffic in
order to get into the westbound left turn lane on Fred Waring Drive
Southbound Highway 111 traffic has the option of reaching the site in one of
three ways: (1) by turning left onto Parkview Drive and turning right into the
project site; (2) by making a southbound to northbound a -turn at Fred Waring
Drive and turning right into the project site along Highway 111; or (3) by
making a left -turn at Fred Waring Drive and then turning left into the project
site. The traffic study assumes some drivers making each of these choices.
Many drivers will choose to make the southbound to northbound a -turn since
then only a right -turn is needed to reach the site. If the third option is chosen,
a second left turn is needed which many drivers would choose to avoid. The
traffic study does assume that a portion of the overall project trips will utilize
the Fred Waring Drive right turn lanes at SR 111 as shown on Figure 7-2.
Regarding footnote 3 on page 9 of the letter, as described above, the Mervyn's
traffic volumes were accounted for at the five project driveways, and were not
ignored in the study. As noted above and in our December 2010 report, traffic
counts were taken at each of the project driveways.
N:\I9911Conmtemstopposition Rcsponsc Letter_S-23-1 Ldoc
City of Palm Desert
May 23, 2011
Page 4
Area -Wide Sources of Project Traffic
In the context of the various issues raised in Mr. Bernheimer's letter, the area -
wide sources of traffic flowing to the future VONS was also further evaluated.
Our 12/21/10 report addressed the expected trip sources and distribution, and
illustrated these in Figure 7-1 of our report. We have determined it appropriate
to further explain the basis for the distribution of traffic and from where it is
originating, as shown on Figure 7-1 of the traffic report. To help put this into
context, we have also included an aerial of the vicinity showing the location of
the existing VONS, its planned new location and the location of other grocery
stores in the vicinity, which shaped our determination of traffic sources and
distribution.
As we stated in our December 2010 report, the distribution of area sources of
patron traffic is based upon a number of factors, including the project's
market / service area, the location and accessibility of the proposed VONS
and other supennarkets in the market area, real and perceived traffic
congestion and constraints, and other factors.
As shown on Figure 7-1, we estimated the following:
NW Market Area: This area is north of Parkview Drive and is associated with
residential development in Rancho Mirage, including the western portion of
Rancho Las Palmas Country Club and other residents near Bob Hope Drive
and the Magnesia Falls neighborhood. The lack of convenient grocery stores
in Rancho Mirage, they being limited to the Pavilions at Gerald Ford and Bob
Hope, and the Ralphs at Monterey and Country Club, further enhances the
new VONS' market area. This area was estimated to capture approximately
33% of the traffic.
North Market Area: This area includes the neighborhoods immediately north
and northeast of the future VONS and was estimated to provide about 5% of
the store's business, and would take access to the store from Parkview Drive.
Northeast and Immediate East: Our assessment of the market area included
the single family and multi -family developments immediately to the east,
which we believe accounts for about 2% of the fixture store's business. It also
assumed about I I% of the store's business would come from residents living
both east and west of Monterey Avenue and north of Parkview Drive.
East of Monterey Avenue: While this portion of the market area will probably
have more competition from other stores along and near Highway 111, our
assessment indicated that approximately 20% of the store's business would
originate from Fred Waring Drive east of Monterey Avenue. The breadth of
retail services at the Waring Plaza is also a factor in capturing this segment of
the market in this area.
N:119911Coimuealsk>ppusiuon Response Lencr_5.23-i LAoc
City of Palm Desert
May 23, 2011
Page 5
Southeast and South Market Area: This market area includes Sandpiper and
other residential development south of El Paseo and west of Highway 74, as
well as limited market capture from homes east of Monterey and south of Fred
Waring Drive. There is also limited VONS market capture in this area south
of Highway 111 and El Paseo and east of Monterey Avenue/Highway 74. As
can be seen from the aerial exhibit plotting the location of grocery stores, the
Highway 111 corridor east of Monterey Avenue includes the Jensen's,
Albertson's and Ralph's. Just west of Monterey is Fresh & Easy, with Trader
Joe's just south of Fred Waring and east of Town Center Way. These stores
are expected to limit VONS market capture from this geographic area.
Tn -,utn narv. the nronosed relocation of VONS offers many new amenities
that viAll Pnhnnr.P mnrket .enntnrP At the enme time the southeastern portion
of the market offers substantial competition that includes greater convenience
for some. Our further assessment of the market area for the relocated VONS
substantiates and supports our earlier conclusions. Of course, there are other
variables that from time to time may also affect the VON's market area,
including changing offerings at each store, surrounding development and
changes in accessibility. Overall, we feel that the regional traffic distribution
set forth in Figure 7-1 of our December 2010 traffic study is a credible and
realistic description of the VONS store's market area.
4. Traffic Study Recognized, But Fails to Analyze, Unusual Volume of U-
Turn Traffic Movements
The report fully includes all u-turns and left -turns, both existing and project
related, in the computerized Synchro analysis. As can be seen by adding the
volumes on Figure 8-1 (which combine left -turn and u-turn volumes), to the
volumes on Figure 7-2 (which also include left -turn and u-tum volumes), the
result is the volumes shown on Figure 8-2 (Opening Day + Project Volumes).
Again, the u-turns are combined with the left -turns on Figures 8-1 and 8-2, as
is the standard of practice in preparing traffic studies.
The question arose at the May 12°i City Council hearing as to why the traffic
study assumes the majority of northbound SR 111 traffic would utilize the SR
111 driveway as opposed to the Fred Waring driveway. The main reason for
this assumption is that, if possible, many drivers will choose to avoid turning
left on eastbound Fred Waring Drive and across three lanes of traffic. Going
straight (north) at the SR 111 / Fred Waring Drive intersection instead of
turning right allows drivers to avoid the left turn across on -coming traffic. In
order to answer the question as to how the intersection operations would
change if drivers were assumed to turn right, an analysis was conducted
assuming all northbound Highway l I l drivers turn right onto Fred Waring
Drive. The attached Table C shows that LOS D is still calculated and the
N:119911Commcntslopposition Response Lelter 5-27-11.doc
City of Palm Desert
May 23, 2011
Page 6
project induced delay increase is 1.3 seconds, an insignificant change based
on City standards.
5. Traffic Study Ignores Imminent Changes to Toys-R-Us Center Across
from Project Site
The Toys-R-Us is still in business and therefore the traffic associated with this
store is included in the existing traffic volumes. Once the Toys-R-Us site has a
new tenant, the amount of traffic generated would be expected to be similar to
the amount generated when Toys-R-Us was open. In addition, a full Year
2015 analysis was completed and included in the traffic study, which included
a 10% growth factor in background traffic. This general growth factor
accounts for potential small increases in cumulative traffic, which could arise
from a new tenant at the Toys-R-Us building and/or a new tenant at the
currently vacant old `Bananas" site at Fred Waring Drive and Highway 111.
Finally it should be noted that the City General Plan Traffic Study, which
assumes buildout of the General Plan, indicates LOS D or better operations at
all key intersections in the City, indicating that no cumulative significant
impacts would occur. The cumulative analysis contained in the traffic study
meets CEQA and City of Palm Desert Standards.
I hope the above clarifications adequately address the concerns raised in Mr.
Bernheimer's letter and as discussed with City staff. If you have any questions or would
like to discuss the supplemental information provided above, please do not hesitate to
contact me.
Sincerely,
cc: File
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Table B
Supplemental Existing Intersection Operations
Intersection
Control
Type
Peak
Hour
Existing As Counted
Existing with Meryns at
Department Store Rate
Delay
LOS
Delay
LOS
1. Highway 11 1 / Bob Hope Drive
Signal
MID
19.8
B
20.4
C
PM
32.2
C
36.4
D
2. Highway I I 1 / Magnesia Falls Drive
Signal
MID
17.5
B
18.0
B
PM
15.4
B
19.4
B
3. Joshua Road / Magnesia Falls Drive
AWSC
MID
6.9 -
A
7.2
A
PM
6.8
A
7A
A
4. Highwway 11 I / Parkview Drive
Signal
MID
14.5
B
15.3
B
PM
12.8
B
16.1
B
5. Parkview Drive / Project Driveway #I
OWSC
MID
11.6
B
12.2
B
PM
10.8
B
11.1
B
6. Parkview Drive ! Project Driveway #2
OWSC
MID
9.7
A
9.9
A
PM
9.8
A
9.9
A
7. Parkview Drive / Joshua Road
TWSC
MID
10.6
B
10.8
B
PM
10.7
B
10.7
B
8. Parkview Drive / Monterey Avenue
Signal
MID
26.0
C
269
C
PM
29.4
C
29.4
C
9. Highway 11 I / Project Driveway #3
OWSC
MID
9A
A
9A
A
PM
9.2
A
9.4
A
10. Highway I 1 I / Fred Waring Drive
Signal
MID
26.4
C
27.3
C
PM
28.9
C
29.4
C
11. Fred Waring Drive / Project Driveway #4
OWSC
MID
8.9
A
8.9
A
PM
8.7
A
8.7
A
12. Fred Waring Drive / Project Driveway #5
OWSC
MID
8.7
A
8.7
A
PM
8.6
A
8.7
A
13. Fred Waring Drive / Town Center Way
Signal
MID
28.5
C
30.1
C
PM
31.2
C
31.7
C
14, Fred Waring Drive / Monterey Avenue
Signal
MID
34.5
C
34.6
C
PM
35.0
D
35.2
D
15. Highway 1 I 1 / Town Center Way / El
Signal
MID
29.4
C
35.1
D
PM
36.7
D
37.3
D
TABLE C
OPENING DAY WITHOUT AND WITH PROJECT INTERSECTION OPERATIONS
Opening Day without
Opening Day + Project
Intersection
Control
Peak
Project
J
Opening Day + project
(with alternative
distribution)d
T e
Type
Hour
Delay °
LOs b
Delay e
LOs n
�`
Delay'
LOS n
A`
10. Highway 11 l / Fred
Signal
PM
50.3
D
50.5
D
0.2
51.6
Waring Drive
Footnotes.
a. Average delay expressed in seconds per vehicle.
b. Level of Service.
c. A denotes project induced delay increase.
d. Alternative distribution assumes all project traffic heading north on Highway
111 to enter the project site will utilize the project driveways on Fred
Waring Road
N:119911AnalysisllntersectionlOpening Day + projectlOpposition Response AnalysisUable A.doex
Klassen, Rachelle
From: Swartz, Kevin
Sent: Tuesday, May 24, 2011 2:27 PM
To: Klassen, Rachelle
Subject: FW: VONS PD: Supp Noise Ltr 5.23.11
Attachments: VONS Supp Noise Ltr Final.pdf
From: John Criste[maiIto: jcristeCd)terranova plan ning.coml
Sent: Monday, May 23, 2011 2:27 PM
To: Swartz, Kevin; Greenwood, Mark; Diercks, Mark; Aylaian, Lauri; Bagato,
A. Boarman; Brian Arial
Cc: Charles Terry
Subject: VONS PD: Supp Noise Ltr 5.23.11
Dear City and VONS Team:
Tony; Brian Braaten; Josh Zipperman; John
Attached please find the supplemental noise letter from Charles Terry of Helix prepared in response to the issues
raised by Rob Bernheimer. This letter more than addresses this issues raised and provides clarification where needed.
Please let us know if you have any questions.
Thanks!
John
r -I
L -A Terra Nova Planning & Research, Inc.®
42635 Melanie Place, Ste 101
Palm Desert, CA 92211
Phone: 760-341-4800
Fax: 760-341-4455
E-Mail: jcristegterranovaplannin- com
CONFIDENTIALITY NOTICE:
This e-mail document is covered by the Electronic Communications Privacy Act, 18 U.S.C. Subsection 2510-2521 and is legally privileged. This
e-mail and any document attached may contain confidential information belonging to the sender which is protected by the attorney -client, work
product amUor other privileges. The information is intended only for the use of the individuals or entities named below. If you received this
document in error, please shred, delete or contact the project manager.
HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
Suite 200
La Mesa, CA 91942
619.462.1515 tel
619.462.0552 fa.
www.helixepi.com
May 23, 2011
City Public Works and Planning Departments
The City of Palm Desert
Palm Desert Civic Center
73-510 Fred Waring Drive
Palm Desert, CA 92260
HELIX
Environmental Planning
Subject: Supplemental Letter in Response to Challenge "AGENDA ITEM XVII — Opposition
to Removal of Supermarket Restriction for Vons at Waring Plaza" for the Acoustics
Report for Planning Vons Store #3242 at Fred Waring Commercial Plaza in the City
of Palm Desert. Letter of challenge prepared and signed by Robert A. Bernheimer
dated May 12, 2011.
Dear Sirs:
As noted, the purpose of this letter is to address and provide clarification on the issues raised by
Attorney Robert Bernheimer regarding the noise study prepared for the planned relocation of VONS to
Waring Plaza. The findings and recommendations of the acoustical analysis report prepared by HELIX
Environmental Planning, Inc. and dated November 18, 2010 is based on the best available information
and is a true, accurate and impartial analysis of the potential acoustical effects or impacts associated
with the above -referenced project.
The Helix noise study was performed in accordance with standard industry practices and procedures,
with equipment conforming to the American National Standards Institute (ANSI) specifications for
sound level meters ANSI SI., 4-1983 (R2001), and maintained with National Bureau of Standards
traceable calibrations. U.S. Department of Transportation -approved software, Traffic Noise Model
Version 2.5, was used for all traffic -related noise modeling in the preparation of this report.
Originalport Excerpts Regarding Site Measurements and Analysis Techniques
A "one -hour" equivalent sound level measurement (LEQ, A -weighted) was made at a representative
noise -sensitive location on the site (see Figure 2). An additional sound level measurement was take
along Fred Waring Drive cast of the proposed project and is further discussed below. During the on -site
noise measurement, start and end times were recorded, and vehicle counts were made for cars, medium
trucks (double-tires/two axles), and heavy trucks (three or more axles) for the corresponding road
segment. The vehicle counts were converted to one -hour equivalent volumes by applying an appropriate
factor. Other field data gathered at the site included distances to the roadway centerline, angles -of -view,
slopes, elevations, roadway grades, and vehicle speeds.
May 23, 2011 Page 2 of 6
The Traffic Noise Model (TNM) software Version 2.5, released in February 2004 by the U.S.
Department of Transportation, was used for all traffic modeling in the preparation of this report. The
TNM utilizes the traffic volume and speed input and calculates the daytime average Hourly Noise Level
(HNL) from traffic data including road alignment, elevation, lane configuration, projected traffic
volumes, estimated truck composition percentages, and vehicle speeds. The HNL is approximately
equivalent to the LEQ. The Community Noise Equivalent Level (CNEL)l is equivalent to the LEQ with
the use of a peak hour traffic of 8 to 10 percent of the average daily traffic (ADT).
Excerpt from the City of Palm Desert Noise Element
The standard used for maximum outdoor noise levels in residential areas in California and the City
specifically is a CNEL of 65 dBA.
Challenize Issues
Essentially three issues have been raised by Mr. Bernheimer's letter regarding the Acoustics Analysis.
These are:
1. The Acoustics Analysis relies on erroneous traffic numbers provided in the project Traffic
Analysis
2. The Acoustics Analysis does not analyze the residence at the end of Joshua Rd which sides on
Fred Waring Drive or the multi -family units further to the east.
3. The dates of the traffic study and the noise study do not appear to correspond to one another.
Item 1: The Acoustics Analysis relies on the traffic numbers provided in the project Traffic Analysis
Item 1 Response: The Acoustics Analysis is based on the project traffic analysis. We have conferred
once again with the project traffic engineers and are using the correct traffic number for the analysis of
existing and future traffic conditions around this site and how they will affect the local noise
environment. John A. Boarman of LLG has discussed the traffic data with the City Traffic Engineer who
indicated that they are a realistic and acceptable characterization of project and roadway traffic.
Item 2: The Acoustics Analysis does not analyze the residence at the end of Joshua Rd which sides on
Fred Waring Drive or the multi family units further to the east.
Item 2 Response: Prior to preparing the acoustical report, an assessment was conducted based on field
and traffic data, and those areas where potentially significant effects could result were selected and
analysed in the report. The report did not discuss the individual residence at the end of Joshua Rd, which
sides on Fred Waring Drive, because this residence and others farther north are shielded by a tall noise
control wall. Nonetheless, to address the issues raised by Mr. Bernheimer, potential project traffic
impacts to this area are further discussed below.
CNEL stands for "Community Noise Equivalent Level", which represents a combined 24-hour average of all noise
sources. It adds 5 dBA to noises occurring in evening hours between 7 p.m. to 10 p.m., and 10 dBA to noises
occurring during nighttime hours from 10 p.m. to 7 a.m.
HELIXEnvau,nuentai Ptannaay
May 23, 2011 Page 3 of 6
The same issue was raised with regard to the multi -family units (presumably One Quail Place), which
begin approximately 300-feet east of the planned VONS site. It was clear that the additional VONS
traffic would not adversely affect these residences since the nearest apartment is located approximately
100-feet from the roadway centerline, the parkway is comprised of a three-foot masonry retaining wall
toped by a landscaped berm, and the subject units have no useable exterior space close to Fred Waring
Drive. Also, in light of the limited additional traffic that would be generated on this roadway by the
future VONS, it was clear that the project would have a less than significant effect.
Nonetheless, in order to further clarify the conditions and project effects along Fred Waring Drive, and
to respond to concerns raised in the comment letter, the data collected during this site visit and our
assessment of potential impacts is included below.
Fred Waring Drive Noise Measurements
During the original site visit to the proposed Vons location noise measurements were made of Fred
Waring Drive traffic noise east of the VONS site and the residence at the end of Joshua Road during the
original site visit. This measurement was taken on the west side of Fairhaven Drive north of Fred Waring
Th;WP Th;c lnrat;nn ;c annrnsrimatPlV 1 nnn feet. east of the proposed VONS store. The measurement
1 1 GU Waring Drive and approximately 75-feet
from the roadway centerline.
FRED WARING DRIVE NOISE MEASUREMENT CONDITIONS AND RESULTS
Date:
Wednesday, November 10, 2010
Time:
3:10 p.m. — 3:25 p.m.
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:
1 61.9 dBA LE
Note: It is important to keep in mind that the purpose of noise monitoring is to collect data and provide
for a comparison of existing measured conditions to the TNM modeled noise environment, which may
include noise control barriers and increases in traffic.
Other data collected along Fred Waring Drive used to characterize the noise environment are identified
in the following table. It also shows the Fred Waring Drive traffic volumes counted during the 15 minute
monitoring and noise measurement period and the extrapolated hourly traffic.
TRAFFIC COUNTS DURING MEAUREMENT
Roadway
Percentage of
Traffic
Automobiles
Medium
Heavy
Hour
Trucks
Trucks
Fred Waring
Counted
312
2
0
Drive
25.0%
Hourly calculated
1248
8
0
As noted in the above table, the measured noise in the mid afternoon along Fred Waring Drive was 61.9
dBA LEQ. Based on the traffic counts provided in the Traffic Analysis as a basis to calculate the hourly
traffic distribution volume percentages for Fred Waring Drive and a measured noise level of 61.9 dBA
LEQ at this time of day this equates to approximately 62.0 CNEL at this location. These measurements
clearly indicate that even without any sound attenuation, such as masonry walls or berms, noise impacts --
from existing traffic on adjoining residences is less than significant. -
HELIX
Ena;umntrn;¢tl F'G.nnrtrg
May 23, 2011 Page 4 of 6
The measured noise level indicated a current noise impact at the outdoor living space of the subject
Joshua Road residence in compliance with the City required outdoor living area noise maximum level of
65 CNEL. This measured noise level was made in an area not shielded from noise generated by traffic
on Fred Waring Drive and does not reflect the significant noise reduction due to the existing residential
noise control wall in the residence outdoor use area.
The residence at the end of Joshua Road has a paved parking area adjacent to Fred Waring Drive, which
does not serve as outdoor living space. Only the area between the house and the existing eastern noise
control wall perpendicular to Fred Waring Drive facing the channel qualify as outdoor living space.
Multi -Family Residences at One Quail Place
As discussed above, the existing noise levels within about 75-feet of the centerline of Fred Waring Drive
are 62 dBA CNEL. Based upon this measurement, the exterior of the closest residence at One Quail
Place is experiencing something slightly less than 62 dBA CNEL, which is well below the City and
generally accepted standard. It should also be noted that the 65 dBA CNEL standard is for outdoor living
areas, which do not occur along Fred Waring Drive but which are located farther north and are shielded
by the residential buildings.
Furthermore, as discussed below, the addition of the proposed VONS traffic to existing traffic and that
projected for the year 2015, the total contribution of project traffic yields about a 0.2 dBA to the existing
noise environment. Therefore, in 2015 with VONS traffic and projected growth in background traffic,
the CNEL noise levels at about 75-feet from the roadway centerline will be 62.3 dBA, well below the
standard and a level where a change in noise can generally be perceived.
Homes in Vicinity of Joshua Road
The home on Joshua Road closest to Fred Waring Drive is located at approximately the same distance
from the roadway and has nearly identical traffic volume as the location of monitoring on Fred Waring
Drive. Therefore, the noise measurements originally taken on Fred Waring Drive are directly applicable
to the residences on Joshua Road. The existing and projected future traffic volumes at this location have
been taken to account. Homes farther to the north along Joshua Road are farther setback from Fred
Waring Drive have the same back noise control wall and will have yet lower noise impacts from traffic
on Fred Waring Drive.
In addition to the existing noise levels being well below City standards for outdoor living space, is must
also be pointed out that these homes are surrounded by solid masonry walls along Fred Waring Drive
frontages, as well as along the shared interior property line shared with the future VONS site. The noise
control wall ranges from approximately 7.75 feet above the roadway at the eastern end of the wall along
Fred Waring Drive, and rising to a height of 8.25 feet adjacent the western edge of the home closest to
the street.
Noise Modeling Along Fred Waring Drive
The effect of these noise walls was evident at the time that the original noise study was prepared, and
reinforced our conclusion that no further documentation of potential impacts at this location was needed.
Nonetheless, to further demonstrate that the future VONS traffic will have no adverse effect on the local
noise environment, we have analyzed this effect in detail, as shown below.
HELIX
£nwrunaoc�ntai FiBnnuiy
May 23, 2011
5 of 6
The project traffic report provides traffic volumes for Fred Waring Drive in the vicinity of the two
VONS access drives. These traffic volumes used in the following noise analysis are presented in the
table below.
RESIDENCE WITH NOISE CONTROL FENCE ON JOSHUA ROAD ADJACENT FRED
WARING DRIVE.
Traffic Conditions
Fred Waring
Drive
East to West
Fred Waring
Drive
West to East
In Back Yard
Midday/PM
Midday/PM
Opening Da W/O Project
676/668
462/539
50.5 dBA'
Opening Da + Project
691/698
466/545
50.7 dBA'
2015 W/O Project calculated from data
695/684
500/583
50.7 dBA'
2015 + Project
710/714
504/589
50.9 dBA
'The TNM model includes the PM hour (largest traffic volumes) listed above for each direction of traffic
on Fred Waring Drive. This represents the total traffic on Fred Waring Drive at the peak traffic hour.
Therefore this noise level represents the worst case sum of the loudest hourly traffic noise impacts.
As can be seen in the table above the additional project -related traffic expected to be generated along
this segment of Fred Waring Drive will make an approximately 0.2 dBA contribution to the existing
noise levels on opening day. Growth in background traffic between opening day and 2015 is projected to
add an additional 0.2 dBA to the noise environment. This means that the residence on Joshua Road
adjacent Fred Waring Drive will have an unmitigated outdoor use area that is substantially less than the
65 CNEL both before and after the new Vons store is opened.
It should also be noted that although the project traffic report does not analyze Fred Waring Drive traffic
beyond 2015, the City General Plan projects community buildout traffic volumes of 24,751 ADT on
Fred Waring Drive, which is nearly double the current volume. This doubling of traffic will create noise
levels approximately 3 dBA louder than under current conditions. Therefore, it is clear that the very
small contribution that the VONS project traffic will make to noise along Fred Waring Drive, which is
only about 0.2 dBA on opening day, will have a progressively more limited effect on the total noise
environment.
To further emphasize how limited the change in traffic noise impacts will be due to the proposed VONS
store it is useful to understand the human ear's response to changes in noise. Studies of human response
to noise have shown that a change of 3 dBA in noise is about the level where a change in noise level can
be detected. That is, 3 dBA is a reasonable normal planning threshold for the recognition of an audible
noise change. An increase of 3 dBA is typically used as the threshold of significance for an individual
project's contribution to the local noise environment. As is shown above, the change due to the VONS
generated traffic is in compliance with this reasonable standard and will probably not even have an
audible impact on the residents living in the vicinity.
As can be seen from this analysis, the single family homes in the project vicinity and the multifamily
residences at One Quail Place will not be adversely affected by noise generated by future project traffic.
Item 3: The dates of the traffic study and the noise study do not appear to correspond to one another.
HELIX
EuvarunraeM7a N aneruq
May 23, 2011 Page 6 of 6
Item 3 Response: The acoustics Analysis Report is dependent on the Traffic Analysis prepared by LLG
for all traffic information used as a basis for the Acoustics Analysis. The traffic data used in the
Acoustics Analysis Study are provided in the study and are identical to the later published final Traffic
Analysis. The exact traffic numbers and the subsequent calculated noise impact levels remain unchanged
between the Project Traffic Report prepared by Linscott Law & Greenspan, VONS, Palm Desert,
California, November 4, 2010 and the subsequent study dated December 21, 2010.
Inadvertent Report Text
We have noted that the executive summary of the November 2010 acoustics analysis report
inadvertently references the streets De la Valle Place, Arroyo Rosita, and Polo Point. These cited streets
were carried over from an executive summary template and are hereby deleted from the report. They
have no bearing or effect whatsoever on the subject acoustical report.
Summary
-----id to the issues raised in the letter prepared and
signed by Robert A. Bernheimer dated May 12, 2011. John A. Boarman of LLG has discussed the traffic
ua:a Wiiil UIC; %-ILy L11%, iiai114- uaLa III «a:!� in a manner consistent with applicable
PIUIU�5N1011ai lluiae analysl� �'CallualuJ. ino putcuual llunc, impacts associated with VONS project traffic
on single-family and multi -family homes in the project vicinity is in the worst case a 0.2 dBA CNEL
increase over existing conditions; these impacts are well below any reasonable standards or threshold of
significance. Finally, while there were minor changes to the traffic study subsequent to that version used
to prepare our noise report for the VONS project, those changes had no bearing or effect on the data
used for our analysis.
The Acoustics Analysis Report as presented is a full and complete analysis and correctly represents the
required project feature elements to allow the project to fully comply with the City of Palm Desert
project planning requirements.
Sincerely,
Charles Terry
Group Manager
Noise, Acoustics, & Vibration
sV�j
Date
HELIXEnuironmentai Rannino
10
DEBUT European Hair Design
72-210 Highway 1 1 1; Suite E5
Palm Desert, CA 92260
May 22, 2011
City of Palm Desert
Attn: Mayor Jean Benson
73-510 Fred Waring DR
Palm Desert, CA 92260
Dear Mayor Benson,
I am writing once more to express my full support of the opening of the new Safeway
VONS store at Waring Plaza. I have attached my original February 8, 2011, letter. As
previously noted, my wife and I have owned DEBUT European Hair, located at Waring
Plaza, since 1997.
Again, I ask that you consider the LONG - TERM ECONOMIC BENEFITS the VONS
relocation offers to THE CITY OF PALM DESERT!!
• In addition to keeping the 73 employees, VONS will hire an additional 50.
• 76,000 sq ft of prime Palm Desert real estate will no longer sit empty, eliminating
the blight that has existed since the exit of MERVYNS. VONS at Waring Plaza will
allow for this property, located at the Western entrance of Palm Desert, to realize
its full potential. It will revitalize businesses and prevent any long-term blight
caused by a vacant 80,000 square foot building.
• VONS at Waring Plaza will draw on the traffic that already exist at the intersection
of Waring and Highway 1 11.
• VONS at Waring Plaza compliments Desert Crossing - taking advantage of this
destination customer.
• VONS at Waring Plaza will draw on customers in the neighboring Rancho Mirage
community who recently lost their VONS in the Rancho Las Palmas Shopping
Center.
• VONS at Waring Plaza is one more anchor that attracts people to these smaller
Palm Desert businesses.
• Traffic? In today's economy everyone is looking for ways to attract that customer
dollar. One should be thankful that VONS attracts that dollar.
• It not VONS, then who? And will this potential recruit have the branding leverage
as VONS?
Today's economy brings little certainty. However, for many years VONS has brought
certainty, and long term commitment to the Coachella Valley. Please vote to support
the relocation of VONS to Waring Plaza, as it ensures strategic opportunities for the City of
Palm Desert; it is an important step to take for Waring Plaza's long term economic
livelihood; it benefits Palm Desert's residence and for the prosperity of the small
businesses.
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Allen Short
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DEBUT • European Hair Design
760 413 0394 cell
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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 111.
• VONS at Waring Plaza will compliment the retail at Desert Crossing - taking
advantage of this destination customer.
• VONS at Waring Plaza will draw on customers in the neighboring Rancho Mirage
community who recently lost their VONS in the Rancho Las Palmas Shopping
Center.
• VONS at Waring Plaza will allow for this property, located at the Western entrance
of Palm Desert, to realize its full potential. It will revitalize businesses and prevent
any long-term blight caused by a vacant 80,000 square foot building.
o It not VONS, then who? And will this potential recruit have the branding
leverage as VONS?
o If not now, then when? Today's economy is anything but certain. VONS
brings certainty, and long term commitment.
o At what cost to the city? VONS has committed to slurry, landscaping, new
paint, loading dock improvements, etc.
o At what cost to the small businesses of Palm Desert?
o Traffic? Studies supported by the City show that the level of service will
have no impact on traffic along Fred Waring and Highway 111.
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,
1 -
Allen Short
DEBUT • European Hair Design
760 413 0394 cell
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