HomeMy WebLinkAbout1/19/2000 - STAFF REPORTS (3) DATE: January 19, 2000
TO: City Council
FROM: Director of Planning& Building
CASE NO. 5.0816 (PLANNED DEVELOPMENT DISTRICT 256) -APPLICATION BY
JAMES MCINTOSH FOR A PLANNED DEVELOPMENT DISTRICT FOR THE
DEVELOPMENT OF A TWO-PHASED,MASTER PLANNED COMMERCIAL/RETAIL
COMPLEX WITH PHASE ONE DEVELOPMENT CONSISTING OF A WALGREENS
DRUG STORE WITH DRIVE-THROUGH PHARMACY FACILITIES AND PHASE TWO
CONSISTING OF TWO FUTURE OFFICE/RETAIL BUILDINGS, LOCATED AT THE
SOUTHWEST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY, C-I-
AA AND R-4-VP ZONES, SECTION 14.
RECOMMENDATION:
That the City Council approve Case No. 5.0816- Planned Development District No.256 for
the development of two-phased,masterplanned commercial/retail complex with phase one
development consisting of a Walgreens Drug Store with drive-through pharmacy facilities
and phase two consisting oftwo future off ce/retail buildings,located at the southwest corner
ofTahquitz Canyon Way and Sunrise Way,C-1-AA and R-4-VP zones,Section 14,through
adoption of the attached Resolution of Approval with Conditions, as amended. Also, staff
recommends that the City Council approve an Ordinance to change the zoning designations
on the Zoning Map to PD 256 and adopt a Mitigated Negative Declaration for the project.
The applicant is James McIntosh of McFadden and McIntosh Architects representing
Walgreens.
BACKGROUND:
This supplemental report is intended to clarify Condition Nos. 97 and 32 and 33 from the
attached recommended conditions of approval for the above-referenced project.
1. Building Design:
Condition No. 97 currently states:
"The mass and scale of the main building entry element shall be reduced to a more
pedestrian scale and in closer context with the mass and scale of the majority of the
building. Revised building elevations indicating the proposed modifications to the
entry element shall be reviewed in conjunction with the Final Development Plans by
the Planning Commission, prior to the issuance of any grading or building permits
for Phase One of the project".
The applicant has expressed concern that this condition may impact their interior floor plan
and pedestrian access to the building.
To address the concerns of the applicant and meet the intent of the Condition, staff is
suggesting that the applicant consider the following:
— Provide a landscape planter adjacent to the exterior of the north and east elevations
of the building and;
Introduce a decorative metal grille as a design element between the block columns
along the north and east elevations of the building.
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Both of these recommendations are intended to enhance the pedestrian experience and soften
the appearance of expanse of storefront glass along the north and east sides of the building.
Staff feels that, with the recommended elements described above,the interior functionality
of the building and pedestrian access to the main entrance will not be compromised. If the
City Council desires, it could add these points of clarification to Condition No. 97. Staff
would then continue to work with the applicant on the physical exterior design of the
building entry,proceeding with the knowledge of interior functionality and pedestrian access
concerns expressed by the applicant.
2. Utility Undergrounding:
Condition No. 32 currently states:
"All existing and proposed utility lines that are under 35 kV on/or adjacent to this
project shall be undergrounded. The location and size of the existing overhead
facilities shall be provided to the Engineering Division along with written
confirmation from the involved utility company(s) that the required deposit to
underground the facility(s) has been paid,prior to issuance of a grading permit.
All undergrounding of utilities shall be completed prior to issuance of a Certificate
of Occupancy".
Mr. Ernie Nola, representing the Tribal Allottee of the property, has stated that Southern
California Edison has easement rights through the property for approximately another 10
years. Mr.Noia claims that,if the existing utility lines were required to be undergrounded,
it is possible that the Tribe would make Southern California Edison remove or relocate the
utility line in 10 years, making the requested undergrounding a short-term improvement.
It is doubtful that a further extension of the easement rights will be granted to Southern
California Edison across this property. However, it should be stressed that it can only be
speculated as to how this issue may be dealt with ten years from now.
In reviewing the Municipal Code, Section 8.04.401 states that:
"No certificate of occupancy for new buildings or structures shall be issued unless
or until all existing and proposed electrical lines of thirty-five thousand volts or less
and overhead service drop conductors, and all gas, telephone, television cable
service, and similar service wires or lines, which are on-site, abutting, and/or
transecting, are installed underground Lmless specific restrictions are shown in
General Orders 95 and 128 of the California Utilities Commission, and service
requirements published by the utilities.
The recommended condition,as originally written, is consistent with the current Municipal
Code requirements for undergrounding utilities. Staff consulted with planning representative
of Southern California Edison and it was concluded that no restrictions in General Orders 95
and 128 of the California Utilities Commission apply to this situation. Staff has prepared an
amendment of Condition No. 32 so that there are two possible relief mechanisms:
1. If the City Council amends the Ordinance so that undergrounding is not required of
interior utility lines (not adjacent to a street), or where such lines are on Indian
parcels, then undergrounding would not be required; or
2. If a covenant is recorded against the property so that the lessee agrees to underground
the lines after 10 years if the line is still in existence.
Staff has suggested language to this effect in Condition No.32(attached). In that Condition
No. 33 appears to be redundant, it is recommended to be removed from the conditions for
this project.
DOUGLAS�' . EVANS, Director
Planning and Building
City Manager
ATTACHMENTS:
1. City Council Staff Report dated January 5, 2000
2. Resolution/Modified Conditions
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DATE: January 5, 2000
TO: City Council
FROM: Director of Planning &Building
CASE NO. 5.0816 (PLANNED DEVELOPMENT DISTRICT 256) -APPLICATION BY
JAMES MCINTOSH FOR A PLANNED DEVELOPMENT DISTRICT FOR THE
DEVELOPMENT OF A TWO-PHASED,MASTER PLANNED COMMERCIAL/RETAIL
COMPLEX WITH PHASE ONE DEVELOPMENT CONSISTING OF A WALGREENS
DRUG STORE WITH DRIVE-THROUGH PHARMACY FACILITIES AND PHASE TWO
CONSISTING OF TWO FUTURE OFFICE/RETAIL BUILDINGS, LOCATED AT THE
SOUTHWEST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY, C-1-
AA AND R-4-VP ZONES, SECTION 14.
RECOMMENDATION:
That the City Council approve Case No. 5.0816- Planned Development District No.256 for
the development of a two-phased,master planned commercial/retail complex with phase one
development consisting of a Walgreens Drug Store with drive-through pharmacy facilities
and phase two consisting of two future office/retail buildings,located at the southwest corner
of Tahquitz Canyon Way and Sunrise Way, C-I-AA and R-4-VP zones, Section 14,through
adoption of the attached Resolution of Approval with Conditions. Also, staff recommends
that the City Council approve an Ordinance to change the zoning designations on the Zoning
Map to PD 256 and adopt a Mitigated Negative Declaration for the project. The applicant
is James McIntosh of McFadden and McIntosh Architects representing Walgreens.
BACKGROUND:
James McIntosh has filed an application on behalf of Walgreens Drug Stores for a Planned
Development District for a two-phased,master planned commercial/retail complex on 4.02
acres. The proposed on-site development plan includes two phases. Phase One consists of
a 15,112 square foot Walgreens Drug Store with drive-through pharmacy on the northerly
2.28 acres of the project site, which is located at the southwest corner of Tahquitz Canyon
Way and Sunrise Way and is bounded by Arenas Road to the south. The second phase of
development encompasses the remaining 1.74 acres at the southerly portion of the site, and
consists of two future office/retail buildings totaling 11,400 square feet. The building
footprints for Phase Two is shown in concept for"Master Plan"purposes only at this time;
the specific development plans for Phase Two will be subject to review as part of the Phase
II Final Plamied Development District by the Planning Commission.
Since the application contemplates a multiple-phased commercial/retail development and the
site has split zoning, the project is best suited to be processed as a Planned Development
District, pursuant to the provisions of Section 9403.00 of the Zoning Ordinance. It is the
intent of the developer that future phases would be developed with uses that would be
individually reviewed pursuant to the use provisions of the C-1-AA and R-4-VP zones and
the development standards approved as per this Planned Development District and/or the C-
1-AA and R-4-VP zones, as applicable.
Vehicular circulation for the site will be provided via primary vehicular access on Sunrise
Way lining up with the driveway for the Jensen's Shopping Center across the street. A
second driveway on Tahquitz Canyon Way is located near the western edge of the property
to maintain as much distance as possible from the Tahquitz Canyon Way/Sunrise Way
intersection. A median island on Tahquitz Canyon Way precludes left turns out of this
driveway. A driveway on Arenas Road is similarly located near the western edge of the /19
property to maintain distance from the Arenas Road/Sunrise Way intersection. When filly
developed,the Arenas Road access is intended to serve as the primary entrance for any large
delivery trucks to the project.
The relatively flat site is vacant and consists of compacted dirt with native vegetation such
as creosote bush scattered across the property. The property to the north across Tahquitz
Canyon Way is zoned C-1-AA,Large Scale Retail/Commercial Zone and is currently vacant.
The property to the south across Arenas Road is zoned R-G-A(8), Garden Apartment &
Cluster Residential Zone and is developed with a residential assisted living facility(PD 101).
The property adjacent to the west is vacant and is zoned C-1-AA, Large Scale
Retail/Commercial Zone and R-4-V-P, Vehicle Parking & Large Scale Hotel & Multiple-
Family Residential & Limited Commercial Retail Zone. The property to the east across
Sunrise is zoned P, Professional Zone, and contains a neighborhood commercial center
within Planned Development District 76.
GENERAL PLAN ANALYSIS:
The northerly portion of the project site is currently designated by the General Plan as RC,
Regional Commercial,while the southerly portion of the site is designated as H 43/30,High
Density Residential. The objective of the Resort Commmercial General Plan designation is
to accommodate a full diversity of commercial uses, including retail uses. The Tahquitz
Canyon corridor is specifically referenced as a preferred location for Resort Commercial
Uses in the General Plan. The General Plan Land Use Map also indicates a Neighborhood
Convenience Center designation at the intersection of Tahquitz Canyon Way and Sunrise
Way,the intent of which is to provide an opportunity for convenience commercial uses by
means of a planned commercial complex. The proposed project is consistent with these
General Plan designations governing the site.
The subject site is located at the southwest corner of Tahquitz Canyon Way and Sunrise
Way,both of which are designated as Scenic Corridors on the General Plan. Objectives and
policies described in the General Plan regarding Scenic Corridors include the enhancement
of visual amenities,screening parking areas through building orientation or the use of screen
walls combined with landscaping, constriction of bike trails, etc. The project includes
landscaped parkways along all street frontages,and issues such as landscaping and decorative
screening walls,pedestrian amenities,etc.will continue to be specifically refined through the
Final Planned Development District plan review process.
ZONING ANALYSIS:
The northerly portion of the project site is zoned C-1-AA, Large Scale Retail/Cormnercial
Zone and the southerly half of the site is zoned R-4-V-P, Vehicle Parking & Large Scale
Hotel&Multiple-Family Residential&Limited Commercial Retail Zone. As stated earlier,
the application is being processed as a Planned Development District in lieu of a change
of zone pursuant to the provisions of Section 9403.00 of the Zoning Ordinance in order to
accommodate a multi-phased commercial/retail or office development on a site with split
zoning. The purpose of the Planned Development District is to provide for various types of
land uses which can be combined to create a compatible relationship with each other while
following good zoning practices and the General Plan and allow desirable departures from
the strict provisions of the specific zone classifications. Due to the proposed drive-through,
the drug store would be Conditionally Permitted in the C-1-AA and R-4-VP zones per the
City's Zoning Ordinance. Other individual uses proposed as part of Phase Two will be
reviewed for compliance with the applicable zoning sections of the Zoning Ordinance. The
Planning Commission determined that the proposed phased Master Plan complies with the
intent of the Planned Development District regulations.
DRAFT SECTION 14 MASTER DEVELOPMENT PLAN/SPECIFIC PLAN ANALYSIS:
The site is designated Resort Attraction pursuant to the Draft Section 14 Master
Development Plan. The purpose of the Resort Attraction designation is to promote large-
scale resort hotel complexes,hotels,and major commercial recreation attractions integrated
with retail and entertainment facilities. Within the Draft Section 14 Master
Development/Specific Plan, drive-through facilities are prohibited within the Resort
Attraction designation. Staff has consulted with representatives from the Agua Caliente
Band of Cahuilla Indians Tribal Planning staff due to this potential land use conflict. Tribal
Plaiming staff has indicated that although the proposed drive-through use is specifically
prohibited,the proposed use on the larger scale is in consonance with the spirit and intent of
the plan, providing needed supportive retail uses to tourists and residents of the area.
The project will introduce recommended design elements, such as, but not limited to,
pedestrian amenities with uniform street furniture along the Tahquitz Canyon Way frontage,
shade trees in a formal pattern along Tahquitz Canyon Way, a Type 2 Gateway into Section
14 at the Tahquitz Canyon Way/Sunrise Way intersection, which includes textured paving,
the ability to incorporate an Indian Culture Art walk along the Tahquitz Canyon Way
frontage, adding native Washingtonia Filifera palms and a combination of screen walls and
evergreen shrub massing behind the property line along the Sunrise Way frontage, as
specified per the Draft Section 14 Master Development Plan/Specific Plan. These details
have been included in the attached conditions of approval and will be required to be
incorporated into the project design for Planning Commission review in conjunction with the
Final Development Plans.
The Tribal Planning Commission has reviewed this project on November 22, 1999 and has
recommended approval the project subject to providing an acceptable colored concrete
treatment within the public sidewalk.
PROPERTY DEVELOPMENT ANALYSIS:
The proposed site plan for Phase One, the Walgreens Drug Store with drive-through
pharmacy, shows primary access to the site on Sunrise Way;this driveway lines up with the
driveway for the Jensen's shopping center across the street. Additional access has been
provided on Tahquitz Canyon Way (right turn in/out) and on Arenas Drive, the latter of
which will not be constructed until Phase II. Parking provided for the Phase I building
exceeds Zoning Ordinance requirements for mixed use development; 60 parking spaces are
required and 88 provided. Phase 1I shows a similar amount of excess parking beyond
Zoning Ordinance requirements, assuming retail or office use of Phase Two; an overall
number of 113 parking spaces are indicated on the Master Plan and 107 parking spaces
would be required based on the Master Plan building footprint sizes and retail/office use.
The project design includes a minimum 25-foot landscaped setback along Tahquitz Canyon
Way and Sunrise Way, with the exception of the bus bay turnout area adjacent to Sunrise
Way. A 10-foot minimum landscape setback is shown on Arenas Road, as measured from
the ultimate property line. It should be noted that provisions for minimum landscape
setbacks have been incorporated into the attached conditions of approval(ConditionNo. 82).
Screen walls and shrub hedges are proposed to screen cars from all public streets. These
walls will be required to be decorative in nature, consistent in design with the architecture
of the building.
A meandering eight-foot wide public sidewalk is proposed along the Tahquitz Canyon Way
and Sunrise Way street frontages. The design guidelines of the Draft Section 14 Master
Development Plan/Specific Plan recommend the use of a curvilinear sidewalk along
Tahquitz Canyon Way and an curb adjacent sidewalk with planters for tall native palms
1113
along the Sunrise Way frontage. An eight-foot wide curb adjacent sidewalk currently exists
along the Tahquitz Canyon Way frontage. This proposed sidewalk is consistent with the
provisions of the Draft Section 14 Plan along Tahquitz Canyon Way and staff would
recommend that the proposed design be installed and the existing sidewalk removed along
this frontage. Staff would also recommend, for continuity of a harmonious aesthetic
streetseape theme, that a curvilinear sidewalk be installed along the Sunrise Way frontage
as shown on the conceptual site plan. Pockets for the installation of tall palms along Sunrise
Way will be available under this scenario, as recommended in the Draft Section 14 Master
Development Plan. Staff is also recommending that the Type 2 Gateway location shown on
the Preliminary Development Plans be shifted approximately five feet westerly to
accommodate any future intersection widening for turn lanes at the Tahquitz Canyon
Way/Sunrise Way intersection.
A screen wall and a landscape buffer of 10 feet in width are proposed along the interior
(west) property line. The screen wall will be required to be composed of a decorative
material or exterior finish and have a decorative cap treatment and pilasters. Dense
landscaping will be required in this area to assist in screening the loading/unloading area
from view of Tahquitz Canyon Way. The future building pads will be required to be treated
with a dust inhibiting agent and hydroseeded with an automatic irrigation system in
conjunction with the development of Phase One.
Architecturally, the applicant has designed a building that maintains the functionality and
footprint of Walgreens corporate theme while providing a regional exterior theme and
consistent with the desert area. Materials such as stucco,brick veneer, ceramic tile accents
and storefront glass compose the balance of the exterior elevations. The building has been
oriented with the front door aimed directly at the intersection of Tahquitz Canyon Way and
Sunrise Way to be attractive to pedestrians in the area. Enhanced paving and bollards add
to the attractiveness from a pedestrian perspective. The loading area and drive-through
pharmacy window have been located to be concealed as much as possible from the perimeter
streets. The proposed signage exceeds that allowed by the Zoning Ordinance but is shown
in concept only at this time. Specific details of the Walgreens signage through a sign
program will be required to be presented to the Planning Commission prior to the issuance
of building permits for Phase I.
Other design issues, such as modifying the design of the building entry element, adjusting
the location of the Tahquitz Canyon Way vehicular entrance, providing possible future
access to the vacant property to the west and providing additional landscaping at the Sunrise
Way vehicular entrance around the perimeter of the building,have been incorporated into the
attached conditions of approval.
ENVIRONMENTAL ANALYSIS AND NOTIFICATION:
Staff has prepared a detailed Environmental Assessment of the project. In completing the
Environmental Checklist, staff found that there could be a significant enviromnental impact
in certain areas, such as traffic and circulation, water and air quality with respect to short-
term construction activities, if mitigation measures are not incorporated into the project
design. However, on the basis of the Initial Study, including all recommended mitigation
measures as recommended conditions of approval for the project,it has been determined that
the proposed project could not have a significant effect on the environment, and staff
recommends that a Mitigated Negative Declaration be prepared.
A traffic study was submitted by the applicant to assess all traffic patterns and counts in the
immediate area (current and future). Traffic patterns at both the Tahquitz Carryon
Way/Sunrise Way intersection and the Sunrise Way/Baristo Road intersection were analyzed.
According to the traffic study,it could be expected that up to 54 a.m.peak hour trips and 209
p.m. peak hour vehicle trips per hour and an average of 2,242 vehicle per day could be
generated by the project during the peak traffic season. The existing and projected levels of
service, which are currently in the acceptable range at both referenced intersections, are
forecast to change with the addition of project related trips, both under existing conditions
and with the addition cumulative project traffic counts for the year 2020. Based on the above
projected traffic figures in relationship to the current level of service and the project design
and scope,traffic mitigations were deemed necessary,such as right-of-way dedication along
Sunrise Way, signal modifications at Tahquitz Canyon Way/Sunrise Way with a longer
overlap phase, payment of Transportation Uniform Mitigation Fund (TUMF) fees upon
issuance of building permits and payment of the"fair share"for future double left turn lanes
at the intersection of Tahquitz Canyon Way and Sunrise Way, on northbound and
southbound Sunrise Way. The final intersection and turn lane design shall be reviewed and
approved by the City Engineer prior to the issuance of building permits for Phase One of the
project.
All property owners within a 400-foot radius of the perimeter of the project site have been
notified of the City Council public hearing. As of this writing, staff had not received any
opposition to the proposed project.
4000,
IS
PLANNING COMMISSIO /00
N ACTION:
On November 24, 1999 and December 22, 1999, the Planning Commission held public
hearings regarding this project. At the December 22" public hearing, the Planning
Commission,by a 5-2 vote(Mills and Raya dissented)recommended approval ofthis proj ect
subject to conditions. The applicant requested that the condition requiring the
undergrounding of overhead utilities be eliminated or modified to allow for an alternative
implementation other than physically requiring the on-site utility lines to be installed
rmderground. The site contains a 34,950 V overhead utility line approximately 10 feet
easterly of the west property line for the entire 602 foot north/south length of the property.
The Commission, although sympathetic to the applicants request, noted that project
proponents are responsible for utility undergrounding of the utility lines on-site(less than 35
kV) per City Ordinance at this time. The Plarming Commission did express an interest to
evaluate modifications the Utility Undergrounding Ordinance in the near future and possibly
advise the City Council to pursue alternative methods for undergrounding of overhead utility
lines,with a goal of finding a mechanism to expedite the physical undergrounding of utility
lines on a larger scale.
The Planning Commission also recommended,by a separate 5-2 vote(Jurasky and Matthews
dissented), adding a condition to the approval of the project requiring the developer to pay
their proportionate share for the construction and landscaping/irrigation of a new landscaped
median island along the Sunrise Way project frontage.
AUGL R. EVANS, Director
Planning and Building
City Manager
ATTACHMENTS:
1. Vicinity Map
2. Site Plan
3. Correspondence from Tribal Planning Department
4. Draft Planning Commission Minutes -November 24, 1999
5. Draft Planning Commission Minutes -December 22, 1999 (to be handed out under
separate cover if available)
6. Environmental Assessment
7. Resolution/Conditions
8. Ordinance for PD 256
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November 24, 1999 ELC7N
UE LSUI��� Steve Hayes, Principal Planner Department of Planning and Building
City of Palm SpringsIVISION
six HUNDRED P.O. Box 2743
Palm Springs, CA. 92263
EAST TAHQUITt CANYON WAY Re: Case No. 5.0816/Planned Development #256
Dear Mr. Hayes:
PALM SPRINGS
The Indian Planning Commission for the Agua Caliente Band of
Cahuilla Indians met on November 22, 1999 and reviewed the above
CALIFORNIA case.
92262 The Indian Planning Commission will recommend to the Tribal Council
approval of the project with conditions of approval and amending
condition number 85, adding that plans be returned to the Indian
TELEPHONE Planning Commission prior to the issuance of a building permit to
(760) 325-3400 approve the color of the concrete sidewalk.
If you have any questions please feel free to call me at extension 207.
FAx
(760) 325-0593 If you have any questions please contact the undersigned.
Sinc rel ,
Michael J. Atencio
Assistant Planner
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
MJA/cm ���
CITY OF PALM SPRINGS 'Ato
DEPARTMENT OF PLANNING AND BUILDING
INITIAL STUDY
Application No(s:): Case No. 5.0816 (PD 256)
Date of Completed Application: November 4, 1999
Name of Applicant: James McIntosh, McFadden and McIntosh Architects
Project Description and Location:
A proposed Planned Development District application for the development of a two-phased,master-
planned, 4.02 acre commercial/retail complex with Phase One consisting of a 15,112 square foot
Walgreens Drug Store with drive-through pharmacy facilities and phase two consisting of two
future office/retail buildings totaling 13,700 square feet, located at the southwest corner of Tahquitz
Canyon Way and Sunrise Way, C-1-AA and R-4-VP Zones, Section 14.
General Plan Land Use Designation(s): RC (Resort Commercial) and H 43/30 (High Density
Residential
Proposed General Plan Land Use Designation(s): No changes proposed
Present Land Use(s): Vacant land
Existing Zoning(s): C-1-AA (Large Scale Retail/Commercial Zone) and R-4-VP (Vehicle
Parking, Large Scale Hotel and Multiple Family and Limited Commercial/Retail Zone)
Proposed Zoning(s): Planned Development District 256
Proposed Draft Section Master Development Plan Designation: RA (Resort Attraction)
I. Is the proposed action a "project" as defined by CEQA? (See section
2.6 of State CEQA Guidelines. If more than one project is present in
the same area, cumulative impact should be considered). ■Yes ❑No
II. If "yes" above, does the project fall into any of the Emergency Projects
listed in Section 15269 of the State CEQA Guidelines? []Yes ■No
III. If "no" on II., does the project fall under any of the Ministerial Acts
listed in Section 15268 (b) of the State CEQA Guidelines? DYes ■No
IV. If "no" on III., does the project fall under any of the Statutory
Exemptions listed in Article 18 of the State CEQA Guidelines? ❑Yes sNo
V. If "no" on IV., does the project qualify for one of the Categorical
Exemptions listed in Article 19 of the State CEQA Guidelines? (Where
there is a reasonable probability that the activity will have a significant
effect due to special circumstances, a categorical exemption does not
apply). oYes NNo
VI. Project Description: The proposed project contemplates the development
of a two-phased, master-planned, 4.02 acre commercial/retail complex
with Phase One consisting of a 15,112 square foot Walgreens Drug Store
with drive-through pharmacy facilities and phase two consisting of two
future office/retail buildings totaling 13,700 square feet, located at the
southwest corner of Tahquitz Canyon Way and Sunrise Way, C-I-AA
Zone, Section 14.
The site is zoned C-1-AA (Large Scale Retail/Commercial Zone) and R-
4-VP (Vehicle Parking, Large Scale Hotel and Multiple Family and
Limited Commercial/Retail Zone) such that the split zoning and proposed
Master Plan is best suited to be processed as a Planned Development
District pursuant to the provisions of Section 9403.00 of the City's
Zoning Ordinance.
The project is located within Section 14, which is part of the Tribal
reservation lands for the Agua Caliente Band of Cahuilla Indians. The
tribe is currently in the process of completing a Master Development Plan
for Section 14, which will ultimately include development parameters for lo4ll
all of Section 14, including this site. Draft development parameters have
been drafted and have been considered in the review of the proposed
project.
VII. Site Description: The site is currently void of any structures and consists
of compacted dirt and other native vegetation. The site slopes minimally
from north to south. Curb and gutter exists along both street frontages,
as well as an 8-foot wide sidewalk along the Tahquitz Canyon Drive
frontage.
VIII. Surrounding Land Uses:
North (across Tahquitz Canyon Way): Vacant land - PD 215
South (across Arenas Road): Residential Assisted Living Facility -
PD 101
East (across Sunrise Way): - Existing neighborhood commercial
center- PD 76
West: Vacant land - C-1-AA and R-4-VP zones
Surrounding General Plan:
Project site: RC (Resort Commercial) and H 43/30 (High Density
Residential
North: RC (Resort Commercial)
South: H 43/30 (High Density Residential)
East: P (Professional)
West: RC (Resort Commercial) and H 43/30 (High Density
Residential
** - In addition, a designation of Neighborhood Commercial Center
exists as an additional overlay to the Sunrise Way/Tahquitz Canyon Way
intersection per the General Plan Land Use Map.
Draft Section 14 Master Plan Designations:
Project site: RA (Resort Attraction)
North: RA (Resort Attraction)
South: HR (Residential High)
East: Not Applicable
West: RA (Resort Attraction)
IX. Is the proposed project consistent with:
If answered yes or not applicable, no explanation is required)
City of Palm Springs General Plan ■Yes ❑No ❑N/A
Applicable Specific Plan oyes ❑No ■N/A
City of Palm Springs Zoning Ordinance ■Yes ❑No ❑N/A
South Coast Air Quality Management Plan mYes ❑No ❑N/A
Airport Part 150 Noise Study ■Yes ❑No ❑N/A
Draft Section 14 Master Development Plan NYes ❑No ❑N/A
X. Are there any of the following studies required?
1. Soils Report mYes ❑No
2. Slope Study ❑Yes ■No
3. Geotechnical Report oYes ■No
4. Traffic Study EYes ❑No
5. Air Quality Study oYes ■No
6. Hydrology ■Yes ❑No
7. Sewer Study []Yes ENo
8. Biological Study []Yes ■No
9. Noise Study oYes ■No
10. Hazardous Materials Study oyes ENo 11. Housing Analysis ❑Yes ■No 104L3
12. Archaeological Report ❑Yes ■No
13. Groundwater Analysis ❑Yes ■No
14. Water Quality Report []Yes ■No
15. Other ❑Yes ■No
XI. Incorporated herein by reference is the Final Environmental Impact Report on the General
Plan Update, Draft Section 14 Master Development Plan prepared by Gruen Assoicates,
Economic Research Associates, Inc. and J.F. Davidson Associates, Inc., Walgreens Retail
Center Traffic Impact Analysis, prepared by RBF and Associates and Drainage Stud
Walgreens Palm Springs Project, prepared by Saxon Engineering Services.
1. LAND USE AND PLANNING
Would the proposal:
a) Conflict with general plan designation or
zoning? (City of Palm Springs Zoning Ordinance ❑ ❑ ❑ ■
and General Plan, F.A.R. Part 150 Noise
Compatibility Study)
b) Conflict with applicable environmental plans
or policies adopted by agencies with
jurisdiction over the project?
❑ ❑ ❑ ■
c) Be incompatible with existing land use in
the vicinity?
❑ ❑ ❑ ■
d) Affect agricultural resources or operations (e.g.
impacts to soils or farmlands,or impacts from
incompatible land uses)? ❑ ❑ ❑ ■
e) Disrupt or divide the physical arrangement of an
established community (including a low-
income or minority community)?
❑ ❑ ❑ ■
1.a)-e) NO IMPACT. The proposed commercial/retail center master plan,including Phase One development of a 15,112 square foot
drug store with drive-through pharmacy facilities is currently on a site designated C-I-AA and R-4-VP pursuant to the City of Palm
Springs Zoning Ordinance and for Resort Commercial and High Density Residential uses per the City of Palm Springs General Plan
Laud Use Map. The General Plan Land Use Map also indicates aNeighborhood Commercial designation to be utilized at the Tahqunz
Canyon Way/Sunrise Way intersection.
The objective ofthe Resort Commercial General Plan Designation is to allow or conditionally permit a broad range of convenience and
tourist commercial services principally serving resort clientele on an auto-oriented scale.Tahquitz Canyon Drive is specifically mentioned
as apreferred location for Resort Commercial Uses in the General Plan. Although the proposed use,due to the proposed drive-through,
would be individually Conditionally'Peninitted in the C-1-AA and R-4-VP zones per the City's Zoning Ordinance, the application
Potentially
Significant
Potentially Unless Less Than No
Significant Mitigation Significant Impact
Impact Incorporated Impact
contemplates a multiple-phased commercial /retail or office-type development Therefore, the application is being processed as a
Preliminary Planned Development,pursuant to the provisions of Section 9403.00 of the Zoning Ordinance The purpose of the Planned
Development District is to provide for various types of land uses which can be combined to create a compatible relationship with each
other while following good zoning practices and the General Plan and allow desirable departures from the strict provisions of the specific
zone classifications where desirable. By incorporating the philosophy of the Planned Development District into the overall project site,
the Planned Development District is not expected to create any land use conflicts for any nearby residents or any other surrounding land
uses, conflict with applicable environmental plans or policies adopted by agencies with_jurisdiction over the project, be
incompatible with existing land use in the vicinity, affect agricultural resources or operations or disrupt or divide the physical
arrangement of an established community.
In addition,the site is designated Resort Attraction pursuant to the Draft Section 14 Master Development Plan. The purpose of the Resort
Attraction designation is to promote large-scale resort hotel complexes,hotels,and major commercial recreation attractions integrated
with retail and entertainment facilities. Within the Draft Section 14 Master Development/Specific Plan, drive-through facilities are
prohibited within the Resort Attraction designation. Staff has consulted with representatives from the Agua Caliente Band of Calmilla
Indians Tribal Planning staff due to this potential land use conflict. Tribal Planning staff has indicated that,although,the proposed
drive-through use is specifically prohibited,the proposed use on the larger scale is in consonance with the spirit and intent of the plan,
providing needed supportive retail uses to tourists and residents of the area.
2 POPULATION AND HOUSING
Would the proposal:
a) Cumulatively exceed official regional or
local population projections? El El
b) Induce substantial growth in all area either directly
or indirectly (e.g. through projects
in an undeveloped area or extension or
major infrastructure)?
c) Displace existing housing, especially
affordable housing? El IS
2. a)-c) NO IMPACT. The proposed Planned Development District of the commercial/retail planned development with Phase One
construction of a drug store with drive-through pharmacy is proposed in an area zoned C-1-AA and R-4-VP. In addition,the site is
specified as a Resort Attraction area within a Catalyst Opportunity area per the Draft Section 14 Master Development Plan/Specific Plan.
The nearest residential development to the site is immediately south of the Master Planned site, where an Assisted Living Facility
currently exists. Residential housing does not exist nor is proposed as part of the overall Master Plan for the property and although the
southern portion of the site is zoned for residential development. In the R-4-VP zone,other quasi-commercial or resort-oriented uses
are also permitted and are considered desirable immediately adjacent to amajor thoroughfare. Therefore,the project will have no impact
on regional or local population projections. Although there is a potential to create a moderate intensity commercial/retail center, no
extension of any major infrastructure will be required which could induce substantial growth in the area. Additionally,the project is not
of a size to displace existing housing and will provide a desirable service to residents of the immediate area.
3. GEOLOGIC PROBLEMS
Would the proposal result in or expose people to
potential impacts involving:
a) Fault rupture? El El El
Potentially AX
Significant
Potentially Unless Less Than No
Significant Mitigation Significant Impact
Impact Incorporated Impact
b) Seismic ground shaking? ❑ ❑ ❑ 0
c) Seismic ground failure,including liquefaction? ❑ ❑ ❑ N
d) Seiche,tsunami,or volcanic hazard? ❑ ❑ ❑
e) Landslides or mudflows? ❑ ❑ ❑
f) Erosion, changes in topography or unstable soil
conditions from excavation, grading and
fill? ❑ ❑ ❑
g) Subsidence of the land9 ❑ ❑ ❑ 0
h) Expansive soils? ❑ ❑ ❑
I) Unique geologic or physical features? ❑ ❑ ❑ 0
j) Is a major landform, ridgeline, canyon, etc.
involved? ❑ ❑ ❑
3. a)-j) NO IMPACT. The subject site is located on the valley floor and is underlain by deposits of alluvium. Because the site is
generally level, there are no unique geologic features. There are no known geological hazards present on the site other than
groundshaking potential associated with earthquakes. The subject site is not located within any Alquist-Priolo or City adopted special
study zone. There are no known unstable earth conditions associated with the project site based on review of the Seismic Safety Element
of the City of Palm Springs General Plan;additionally,the nature of the project is such that there is no possibility of creating an unstable
situation. The project will be designed to comply with the Uniform Building Code which mandates requirements for seismic safety
construction. The developer will be required to submit a precise grading plan along with a soils report for review and approval of the
City prior to the issuance of any permits. The soils report will address subsidence of land any the possibility of expansive soils on the
property,and the grading plan will be required to be in compliance with the soils report. Therefore,there will be no geologic impacts
as a result of the development of this project and the proposed subdivision of the land.
4. WATER
Would the proposal result in:
a) Changes in absorption rates, drainage
patterns, or rate and amount of surface
runoff? ❑ U ❑
b) Exposure of people or property to water
related hazards such as flooding?
❑ ❑ ❑ ■
c) Discharge into surface waters or other
alternation of surface water quality
(e.g. temperature, dissolved oxygen or
turbidity)? ❑ ❑
Potentially
Significant
Potentially Unless Less Than No
Significant Mitigation Significant Impact
Impact Incorporated Impact
d) Changes in the amount of surface water in any
water body?
e) Changes in currents, or the course or direction
of water movements?
f) Change in the quantity of ground waters, either
through direct additions or withdrawals,or through
interception of an aquifer by cuts or excavations,
or through substantial loss
of groundwater recharge capability? L1
g) Altered direction or rate of flow of
groundwater? 0 D El 0
h) Impacts to groundwater quality? El
i) Substantial reduction in the amount of
groundwater otherwise available for public
public water supplies?
j) Are there any on-site or any proposed wells? DYes ENo
4.a). LESS THAN SIGNIFICANT IMPACT.The subject site for which the drugstore and the phased project are contemplated is vacant
and covered with native vegetation.The proposed project will increase the amount of hard surface which will increase the amount of
surface runoff; however,the project will be required to demonstrate to the satisfaction of the City Engineer as part of the grading plan
check process,that surface runoff can be conveyed to all approved drainage carrier(e.g.adjacent roadways). On-site retention areas will
also be incorporated into the project design in areas not directly visible to public view, away from street edges. Additionally,due to
the size of the project, it is not anticipated that the amount of surface runoff will cause a negative impact upon surrounding roadways
and properties. Therefore,with compliance with usual City drainage requirements,impacts resulting from changes in surface runoff will
be less than significant.
4b)throughj) NOIMPACT. Based upon a review ofthe Federal Emergency Management Agency,Preliminary Flood hisurance Rates
Maps(Community Panel No.060257 0006C),and the knowledge of the Department of Planning and Building and the City Engineer,
there is no flood hazard on-site during the 100 year flood event and due to the nature of the project and its location,the project will not
create a charge in the course or direction of water movements,the quantity of ground waters,alter the flow of ground water and there
are no wells on the subject site. Additionally,according to the U.S.G.S.Topographical Quadrangle Map,no natural drainage course or
flood control channel exist on the site. The site is located north of the Tahquitz Creek channel. Therefore, the project will not be
impacted by water and flood related issues nor create impacts on water related issues
5 AIR QUALITY
Would the proposal:
a) Violate any air quality standard or contribute
to an existing or projected air quality
violation?
A/7
Potentially Ifily
Significant
Potentially Unless Less Than No
Significant Mitigation Significant Impact
Impact Lacotporated Impact
b) Expose sensitive receptors to pollutants? ❑ ❑ ❑ ■
c) Alter air movement, moisture, or
temperature,or cause any change in climate? ❑ ❑ ❑ ■
d) Create objectionable odors? ❑ ❑ ❑ ■
5.a) POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The project is generally consistent with the General
Plan mud the Zoning Ordinance. With the adoption of the General Plan update in 1993, the City Council adopted a Statement of
Overriding Considerations regarding air quality. This statement acknowledges that it is not feasible to reduce City-wide growth related
impacts to air quality to a level of insignificance at this time. Additionally, due to the relatively small size of the overall project in
regional context and the projected number of employees and patrons at any one time should not have a significant impact on the
surrounding area. The project will also be consistent with the South Coast Air Quality Management District(SCAQMD)CEQA Air
Quality Handbook. However,due to project construction amid grading activities,short term impacts to au quality could occur.The project
will thus need to comply with the City°s Fugitive Dust and Erosion Control Ordinance.Therefore,short term impacts(PM10 related)
will be mitigated to a level of insignificance.
5.b)-d). NO IMPACT. The project will be located on a site that has vacant land to the north and west. Phase One development is at
least 100 feet from development in every direction. Additionally,the size and nature of the project is such that sensitive receptors will
not be exposed to additional pollutants or objectionable odors and a change in climate will not occur. With the proposed commercial
and retail uses anticipated on the site,such as service stations and restaurants,all necessary mitigation measures will be required relative
to odor control prior to operation. Therefore, no impacts will occur as a result of this project to sensitive recepto and the current
climate.
Mitigation Measure:
I. The applicant shall be required to submit aFugitive Dust Mitigation Plan,prepared in accordance with Chapter 8.50 ofdne Palm
Springs Municipal Code regarding Fugitive Dust and Erosion Control,which shall be submitted for review and approval by
the Building Official prior to the issuance of a grading permit.
6. TRANSPORTATIONURCULATION
Would the proposal result in:
a) Estimated Average Daily Trips generated by the
project? (S.F = 10; M.P. = 6; or from)
ITE): ❑ ■ ❑ ❑
b) Increased vehicle trips or traffic congestion? ❑ ■ ❑ ❑
c) Hazards to safety from design features(e.g., sharp
curves or dangerous intersections)
or incompatible uses(e.g.,farm equipment)? ❑ ❑ ❑ ■
d) Inadequate emergency access or access
to nearby uses? ❑ ❑ ❑ ■
Potentially
Significant
Potentially Unless Less Than No
Significant Mitigation Significant Impact
Impact Ltcorporated Impact
e) Insufficient parking capacity on-site or off-
site? ❑ ❑ ❑ 0
f) Hazards or banners for pedestrians or
bicyclists? ❑ ❑ ❑
g) Conflicts with adopted policies supporting
alternative transportation (e.g. bus
turnouts, bicycle racks)? ❑ ❑ ❑
h) Rail,waterborne or air traffic impacts? ❑ ❑ ❑
6 a) -b) POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The proposed master planned development
and Phase One, with a proposed drug store with a drive-through pharmacy has the potential to generate enough traffic to impact the
existing levels of service(LOS)for the intersections of Tahquitz Canyon Way/Sunrise Way and Batiste Road/Sunrise Way. Based on
the potential impacts that the proposed project could have on traffic and circulation in the immediate area,a traffic study was prepared
to access all traffic patterns and counts in the immmediate area(current and future).
Based on traffic counts taken by the City during April, 1998,the peak daily traffic volume at the intersection of Tahquitz Canyon Way
and Sunrise Way is approximately 32,422 vehicles per clay,and the peak daily traffic volume at the intersection of Sunrise Way and
Baristo Road is approximately 20,500 vehicles per day. Peak hour traffic volumes at the Tahquitz Canyon Way/Sunrise Way intersection
averaged approximately 2,500 vehicles per hour and 1,500 vehicles per hour at the Sunrise Way/Baristo Road intersection. In order to
address the increase in traffic associated with the proposed project, a traffic study was prepared by a registered traffic engineer.
Generally,the traffic counts compiled during the preparation of the traffic study(August, 1999)were higher that those complied in
previous studies by City staff in peak season(April, 1998)due to factors such as,but not limited to,concurrent partial lane closings of
other major north/south thoroughfares,such as Palm Canyon Drive and Farrell Drive and increased tourist activity due to cooler than
average summer weather during the summer of 1999. According to the traffic study,it could be expected that up to 54 a.m.peak hour
trips and 209 p.m.peak hour vehicle trips per hour and an average of 2,242 vehicle per day could be generated by the project during
the peak traffic season. The existing and projected levels of service, which are currently in the acceptable range at both referenced
intersections, are forecast to change with the addition of project related trips, both under existing conditions and with the addition
cumulative project traffic counts for the year 2020. Based on the August 1999 traffic figures and the above factors in relationship to the
project design and scope, mitigations were deemed necessary as a result of the proposed development in the traffic study,as follows:
Mitigation Measures:
1. The developer shall comply with the recommended mitigation measures listed in the Traffic Study, as follows:
- To accommodate the increase in traffic created by the proposed development, double left turn lanes will be required at the
intersection of Tahquitz Canyon Way and Sunrise Way,on northbound and sorthbound Sunrise Way. The final intersection and turn
lane design shall be reviewed and approved by the City Engineer prior m the issuance of building permits for Phase One of the project.
The applicant will be required to pay their"fair share"of the required intersection improvements,as determined by the City Engineer;
-Right-of-way dedication,as determined necessary by the City Engineer;and
-Signal modifications with a longer overlap phase at the intersection of Tahquitz Canyon Way and Sunrise Way,to the satisfaction
of the City Engineer.
2. Transportation Uniform Mitigation Fund (TUMF) fees shall be paid upon issuance of building permits for both phases of tine
proposed project.
6. c)-h) NO IMPACT. The site plan for the project has been designed with the primary vehicular access on Sunrise Way hung up
with the across the street driveway for the Jensen's Shopping Center. The Tahquitz Canyon Way driveway has been located near the
loll q
Potentially p f A0
Significant
Potentially Unless Less Than No
Significant Mitigation Significant Impact
Impact Incorporated Impact
western edge of the property,as far as possible from the Tahquitz Canyon Way/Sunrise Way intersection,to minimize traffic conflicts
at the intersection.A median exists in Tahquitz Canyon Way to prohibit left turns out of this driveway. The project driveway on Arenas
Road is also located near the western edge of the site to minimize traffic hazards along this street and at the Arenas Road/Sunrise Way
intersection. Specific emergency access issues will be addressed with each phase of development, but the master site plan concept has
been designed to allow for reciprocal access across the parcel In addition, provisions for on-site turnaround movements for large
emergency vehicles has also been taken into consideration with the proposed development. Access to nearby uses, hazards for
pedestrians and/or bicyclists will not result forth development of the proposed project and the project will not conflict with adopted
policies supporting alternative transportation nor impact rail,waterborne or air traffic. A bus bay turnout will be provided along the
Sunrise Way frontage to augment and facilitate the use of the Sun Line bus transit system. The project proposal will include sidewalks
along Tahquitz Canyon Way(existing), Sunrise Way and Arenas Road as well as pedestrian connections from the public sidewalks to
individual pads to further facilitate pedestrian circulation in the area, Additionally, with Phase One of the Master Planned project,a
total of 98 parking spaces are proposed for the drug store,which exceeds the on-site parking provisions for the use,per Section 9306 00
of the Zoning Ordinance. Given the proposed mid anticipated building heights along with the distance(over one mile)from the Palm
Springs International Airport,there should be no significant impacts to air traffic as a result of development of this project.
7. BIOLOGICAL RESOURCES
Would the proposal result in impacts to:
a) Endangered,threatened,or rare species or their
habitats (including but not limited to
plants, fish, insects, animals and birds)? ❑ ❑ ❑
b) Locally designated species? ❑ ❑ ❑
c) Locally designated natural communities(e.g.
oak forest, coastal habitat, etc.)? ❑ ❑ ❑ E
d) Wetland habitat (e.g. marsh, riparian and
vernal pool)? ❑ ❑ ❑ 0
e) Wildlife dispersal or migration corridors? ❑ ❑ ❑
f) Is consultation will the CaliforniaFish mid Game or
the Department of Fish and Wildlife
Service,as a trustee agency,requiredv ❑YES ONO
7. a)-e) NO IMPACT. The site is presently vacant with native vegetation scattered randomly across the property. The same natural
condition exists on the vacant properties north and west of the site in question. No wetland habitats or migration corridors exist on the
property. Based on a site inspection by the Department of Planning and Building,the site is devoid of any sensitive,rue or endangered
species of plants or potential habitat for endangered,threatened or rare animal species or their habitats.The site is located in an urbanized
area of the City.Therefore, no potentially significant impacts are expected to occur on plant and animal life as a result of this project.
Potentially
Significant
Potentially Unless Less Than No
Significant Mitigation Significant Impact
Impact Incorporated Impact
8• ENERGY AND MINERAL RESOURCES
Would the proposal create:
a) Conflict with adopted energy conservation
plans? ❑ ❑ ❑ E
b) Use non-renewable resources in a wasteful and
inefficient manner? ❑ ❑ ❑
c) Result in the loss of availability of a known mineral
resource that would be of a future value
to the region and the residents of the State? ❑ ❑ ❑ E
8.a)-c) NO IMPACT. Due to the size and nature of the proposed planned development,the project will not conflict or interfere with
an energy conservation plan. Although Phase One of the project contemplates the development of a ancillary drive-through pharmacy,
the facility will be operated in an efficient manner as to minimize the waste of fossil fuels.The project will not conflict with any known
energy conservation plans or result in the loss of the availability of a known mineral resource of value. Therefore,this project should
not result in a negative impact on energy avid mineral resources.
9. HAZARDS
Would the proposal:
a) Be a risk of accidental explosion or release
substances(including,but not limited to: oil,
pesticides,chemicals, or radiation? ❑ ❑ ❑
b) Create possible interference with an
emergency response plan or emergency
evacuation plan? ❑ ❑ ❑
c) Create any health hazard or potential health
hazard? ❑ ❑ ❑
d) Create exposure of people to existing sources
of potential health hazards? ❑ ❑ ❑ 0
e) Increase the risk of fire hazard in areas with
flammable brush, grass or trees? ❑ ❑ ❑
9. a)-e) NO IMPACT. In the judgment of the Department of Planning and Building,the proposed use associated with Phase One
development should not be of a hazardous nature and have no adverse negative impact to existing or future uses in the area. The entire
site is currently vacant and no known hazardous materials are known to either be existing on the property or buried underground.
According to the General Plan,the site would be in a No Fire Risk area The proposed project will not create any possible interference
with an emergency response plan and will not create any health hazard. Therefore,this project will not result in a risk,nor create any
health hazards,nor expose people to potential health hazards
/4#al
Potentially
Significant
Potentially Unless Less Than No
Significant Mitigation Significant Impact
Impact Incorporated Impact
10. NOISE
Would the proposal result in:
a) Increases in existing noise levels? ❑ ❑ ❑
b) Exposure of people to severe noise levels? ❑ ❑ ❑
c) Will the project be compatible with the noise
compatibility planning criteria according to Table
6-F of the Palm Springs Municipal
Airport F.A.R. Part 150 Noise Compatibility
study? EYES ONO
10.a)and b). NO IMPACT. The proposed commercial/retail center,with Phase One development of a drug store will)a drive-through
pharmacy, is not expected to generate noise levels greater than noise levels stated within the Chapter 11.74 of the Palm Springs
Municipal Code. Although periodic noise levels have a potential to be higher during periods of construction,this will be temporary in
nature and all vehicles will be required to have adequate muffling devices to insure compliance with the City's Noise Ordinance. The
project site is not located in proximity to any sensitive receptor.The project is located beyond the limits of the noise impact combining
zone,as identified by the City of Palm Springs General Plan and the Zoning Ordinance.Therefore,no impact regarding noise is expected
to occur as a result of the project.
11. PUBLIC SERVICES
Would the proposal have an effect upon or result in a
need for new or altered government services in any of
the following areas:
a) Fire protection? ❑ ❑ ❑
Distance to nearest fire station 5000 FT.
b) Police protection? ❑ ❑ ❑
c) Schools? ❑ ❑ ❑
d) Maintenance of public facilities, including
roads? ❑ ❑ ❑
e) Other governmental services? ❑ ❑ ❑
11,a)-e) NO IMPACT. The proposed project is within the City's five minute response time for fire service and within a mile of the
main Police station. The Palm Springs Fire Department will require that the site be equipped with appropriate fire control measures.
The project will be adequately serviced by other public services as well,and school fees are required for all new construction to mitigate
any potential impacts to the school district. Although it is anticipated that street widening along Sunrise Way will occur in the future,
as initially recommended by the City Engineer,no additional street maintenance issues should result,since the street widening will also
be accompanied by the installation of curb, gutter and sidewalk along the project frontage.Therefore,this project is not expected to
impact public services.
Potentially
Significant
Potentially Unless Less Than No
Significant Mitigation Significant Impact
Impact Incorporated Impact
12. UTILITIES AND SERVICE SYSTEMS
Would the proposal result itr a need for new systems
or supplies, or substantial alterations to the following
utilities:
a) Power or natural gas? ❑ ❑ ❑
b) Communications systems? ❑ ❑ ❑
c) Local or regional water treatment or
distribution facilities? ❑ ❑ ❑
d) Sewer or septic tanks? ❑ ❑ ❑
e) Storm water drainage? ❑ Ll ❑
0 Solid waste disposal? ❑ ❑ ❑
g) Local or regional water supplies? ❑ ❑ ❑ E
12.a)-g) NO IMPACT. All utilities and services are currently provided to the subject area. Due to the nature and size of this project,
there should be no impacts to utilities acid service systems as a result of the project.
13 AESTHETICS
Would the proposal:
a) Affect a scenic vista or scenic highway? ❑ ❑ ❑
b) Have a demonstrable negative aesthetic effect9 ❑ ❑ ❑
IS
c) Create light or glare? ❑ ❑ ❑
13.a)-c) NO IMPACT. The subject site is located adjacent to Tahquitz Canyon Way and Sunrise Way, which are City Designated
Scenic Corridors pursuant to the General Plan. Objectives and policies set forth in the General Plan i egarding Scenic Corridors include
but are not limited to the enhancement of visual amenities of local and regional highway travel,the encouragement of landscape medians,
the construction of bike trail links,etc.The project does include landscaped parkways along all street frontages and the design of the
Phase One building includes upgraded architectural features atypical of corporate design for drug stores.Undulating landscaped berming
with an upgraded landscape palette,dense landscaping and a decorative screen wall will be required along Tahquitz Canyon Way and
Sunrise Way wrapping around on side streets and site property lines to screen vehicular and loading activities from view and to aid in
screening parking areas from view of the perimeter streets,consistently required throughout the community,as specified in the Zoning
Ordinance On-site fighting will be required to comply with all applicable provisions of the Zoning Ordinance,including limiting light
and glare beyond the limits of the project site. In addition,the project will introduce recommended design elements,such as,but not
limited to, pedestrian amenities with uniform street furniture along the Tahquitz Canyon Way frontage,shade trees in a formal pattern
along Tahquitz Canyon Way,a Type 2 Gateway into Section 14 at the Tahquitz Canyon Way/Sunrise Way intersection,which includes
textured paving, the ability to incorporate an Indian Culture Art walk along the Tahquitz Canyon Way frontage,adding tall native palms
/0Q1J
Potentially
Significant f��
Potentially Unless Less Than No
Significant Mitigation Significant Impact
Impact Leeorporated Impact
and an evergreen hedge at curb line along the Sunrise Way frontage, as specified per the Draft Section 14 Master Development
Plan/Specific Plan. The project will be processed as to require all necessary steps of Design Review by staff,any applicable advisory
groups,as well as final determination of design acceptability by the Planning Commission Therefore,this project should not result in
negative impacts on aesthetic issues.
14. CULTURAL RESOURCES
Would the proposal:
a) Disturb paleontological resources? ❑ ❑ ❑ 0
b) Disturb archaeological resources? ❑ ❑ ❑
c) Affect historical resources? ❑ ❑ ❑
d) Have the potential to cause a physical change
which would affect unique ethnic cultural
values9 ❑ ❑ ❑ 0
e) Restrict existing religious or sacred uses
within the potential impact area? ❑ ❑ ❑
14.a)-e) NO IMPACT. According to the General Plan and in consultation with the Tribal Planning staff of the Agua Caliente Band
of Cahuilla Indians , the subject site is not located within an Archaeological Resources Area such that no resources of historic or
archeological significance are identified on the site. Therefore,no impacts to archeological and historic resources should occur as a
result of this project.
15. RECREATION
Would the proposal:
a) Increase the demand for neighborhood or
regional parks or other recreational facilities? ❑ ❑ ❑ N
b) Affect existing recreational opportunities? ❑ ❑ ❑
15.a)-b) NO IMPACT. The construction of the proposed planned development is non-residential in nature and will not increase the
demand for recreational facilities nor will it affect existing recreational facilities.Therefore,a negative impact on existing or the demand
for recreational facilities will not occur as a result of this project.
16. PUBLIC CONTROVERSY
a) Is the proposed project or action environmentally
controversial in nature or can it reasonably be
Potentially
Significant
Potentially Unless Less Than No
Significant Mittgation Significant Impact
Impact Incorporated Impact
expected to become
controversial upon disclosure to the public? ❑ ❑ ❑ 0
16. NO IMPACT. As per the zoning Ordinance Section 9403.00,the project is being processed as a Planned Development,which the
proposed project is consistent inspirit and intent. In addition,the proposed project has been designed to minimize the potential for public
concern in the area.All property owners within a 400 foot radius will be notified of the public hearing for the Planned Development
application, which will require consideration by the City's Planning Commission and City Council. Thus, in the judgment of the
Department of Planning and Building,the project is not known to be environmentally controversial,nor is it reasonably expected to
become controversial upon disclosure to the public.
Iz MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade the
quality of the environment,substantially reduce the
habitat of fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community,reduce the number or restrict the range
of a rare or endangered plant or animal,or eliminate
important examples of the major periods of
California
history or prehistory? ❑ ❑ ❑
b) Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goals? ❑ ❑ ❑
c) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
effects of probable
future projects.) - ❑ ❑ ❑
d) Does the project have environmental effects which
will cause substantial adverse effects
on human beings? ❑ ❑
17. a)-d) NO IMPACT. This conclusion is based upon the responses in 1 through 16 of this environmental assessment Therefore,
there should be no potential for a significant impact with the proposed mitigation measures as a result of this project.
/4#01 N
Potentially 1��(
Significant
Potentially Unless Less Than No
Significant Mitigation Significant Impact
Impact Incorporated Impact
18. LISTED BELOW THE PERSON OR PERSONS WHO PREPARED OR PARTICIPATED IN
THE PREPARATION OF THE INITIAL STUDY:
Douglas R.Evans,Director of Planning and Building
Steve Hayes,AICP,Principal Planner
19. DETERMINATION
On the basis of this initial evaluation:
❑ I find the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
■ I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because of the mitigation measures described
in the Mitigated Negative Declaration.
I find the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project is consistent with the Program EIR on:
November 4, 1999
Doug4Rvans Date
Director of Planning &Building
Draft Planning Commission Minutes
December 22, 1999 - Page 1
PUBLIC HEARINGS:
CASE 5.0816/PD 256 - Application by McFadden & McIntosh, representing WALGREENS
DRUG STORE for a proposed Preliminary Planned Development District for a 2-phased,
master-planned, 4.02 acre commercial/retail complex, with Phase I consisting of a
15,112-square foot Walgreens Drug Store with drive-thru pharmacy, and Phase II
consisting of 2 future office/retail buildings totaling 11,400 square feet, located at the
southwest corner of Tahquitz Canyon Way, C-1-AA and R-4-VP Zones, Section 14.
Continued from meeting of November 24, 1999.
Commission response to written comments on Draft Negative Declaration; action.
Director stated the Commission had a very lengthy public hearing and discussion on this
on November 24, 1999, with a motion to continue the item to today to allow the
applicant to work with staff on planning and architectural issues raised;that staff has met
with the applicant's architect and has talked to members of the applicant's team, and
would recommend approval of the Planned Development District, as well as
preliminary architectural approval; that the Commission will review the design
development drawings prior to final approval.
He further itemized recommendations by staff resulting from Commissioners' concerns
at the last hearing, as follows: 1) review the mass, scale, and windows, and creating a
softer transition to the pedestrian corridor on Tahquitz; 2) move the driveway on
Tahquitz to the east, and extend the planter to help screen the loading area and truck
traffic; 3) entry off Sunrise Way-since this is a phased project this area would be vacant
with ground cover; staff recommends landscaping and creating a termination point next
to the undeveloped area.
Director further stated that these specific conditions relative to the design would allow
the Commission to make a decision on the land use and move into the next phase of the
project, which would be the detailed design. In addition, the staff report could be
revised relating to deferral of street improvements (primarily Arenas Road, as that phase
is not being done now); and that further planning will be done with the Section 14
Master Plan. He further stated that the applicant raised issue regarding undergrounding
the utilities; that this is a condition of approval on all projects (commercial projects in
particular);that on the property to the north (a proposed Sav-On),they were required to
underground the utilities; that early in the due diligence phase of the project, the
applicant had the opportunity to review al I the codes and ordinances of the City;that staff
shared the conditions of approval from Sav-on well over a year ago, so this condition
was clear, and staff does not recommend any adjustments to that condition. He gave an
Draft Planning Commission Minutes
December 22, 1999 - Page 2
CASE 5.0816/PD 256 - McFadden & McIntosh, representing WALGREENS - Cont'd
overview of other proposed grocery store and pharmacy projects in the area, noting that
at a recent study session a Sav-On was shown on a proposal for Sunrise and Ramon; that
grocery stores and pharmacies sometimes move quickly, but at this point the only one
that is moving forward aggressively is Walgreens.
In response to questions by Commissioners, Steve Hayes said that site circulation for
Phase I would be accommodated through the driveways on Sunrise Way and Tahquitz
Canyon Way, and that staff is recommending deferral of improvements on Arenas Road
until the second Phase of the development occurs;that truck maneuvering can occur thru
both locations, and these paths will be shown on final plans to ensure that the site can
accommodate those movements; that the concern is basically to make sure that there is
adequate turning radii and maneuvering ability for these trucks, and if modifications are
needed, those can be accommodated in final development plans; that the only new
conditions in the cover staff report are#97, 98, and in the Engineering conditions-#13a;
and thatthere are no changes in the plans from the previous meeting;that median islands
were mentioned (as well as in a public hearing on another item two weeks ago),and staff
will be forwarding those recommendations to the City Council, and the Planning
Commission can direct staff to incorporate them in the conditions for this project.
The Public Hearing was continued from the meeting of November 24, 1999, and hearing
was opened.
Ernest Noia, 429 E. Tahquitz Canyon Way, stated that he represents the Indian
landowners as a group and he is appearingtoday in support of the project;that he looked
at the site plan and suggested one shared driveway off Tahquitz Canyon Way, since the
land to the west is eventually going to be developed; that he understands the ordinance
regarding the utility poles, but would like to postpone the burying of the utility lines,
putting up a bond for one-half,so thatwhen the adjacent development comes in they can
split the cost; that they met with the Tribe, and they are probably not going to take
Arenas Road through, so he is in agreement with staff regarding Arenas Road. He
referenced the relationship of the Indian landowners of this project and the one at Ramon
and Sunrise, and stated that if the project at Ramon and Sunrise proceeds, that Sav-On
will definitely not be located across the street from subject property; that Walgreens is
ready, and emphasized that they are anxious to proceed; that the Indian Planning
Commission wants the sidewalk colors to match,as the Tribe owns the rest of that block
(except for the piece in between here) and were very critical of what wi I I be developed
at the entrance to Section 14; that they have approved the recommendation of this site,
which is indicative that they feel that as much as possible was done for it to be
acceptable to both the Indian Planning Commission and the City Planning Commission,
and urged approval. He further stated that the only question is undergrounding the utility
lines, which would be a financial burden.
Draft Planning Commission Minutes
December 22, 1999 - Page 3
CASE 5.0816/PD 256 - McFadden & McIntosh, representing WALGREENS - Cont'd
Jim McIntosh,of McFadden McIntosh Architects,stated that he understands the concerns,
and his comments are intended to clarify some of the confusion from the statements
made in the last meeting; that his job is to interpret the comments that are made and take
the direction that has been given by the Planning Commission, Design Review and staff,
and work with the building owner to try to get a project through, and does not reflect
his likes and dislikes. Referring to comments made at the last meeting, he wants to
assure the Commission of his continued cooperation and referenced a letter that he
received from staff following one of the prior meetings that expressed appreciation by
staff for his efforts in revising the plans to address concerns from previous meetings,
noting a substantial improvement in all areas of the project design and which stated that
there were still a few architectural issues, which he thought had been resolved with the
Design Review Committee by eliminating the glass tower and by taking the project a bit
further. He further stated that the project was presented by a different architect
approximately 18 months ago, and that he has been involved in the project for almost
a year, and assured the Commission that he is making every effort, and that if the project
is approved with conditions, he needs to know exactly what the concerns are. He stated
that he is more than willing to work with the Commission; however, he could not
convince his client to do architectural redesign at this stage because he is concerned
about some of the other conditions and did not want to invest additional time and effort
in redesign, and urged approval today, revisiting some of the conditions in the future, if
necessary.
Jim Schlecht, a local attorney representing the developer who would be leasing this
property from the Indian landowners, stated that they have run out of time on this
project, and referred to a similar project in Palm Desert which was started about the same
time as this one that is nearing completion of construction; that they still do not have a
design that they can go forward with,and urged the Commission to take action today and
not continue it again.
Charles Duke, attorney representing Beverly Diaz,who is one of the Indian landowners
on the property, stated that Ms. Diaz strongly encourages the Planning Commission to
approve this project so it can go forward in an expeditious fashion;that she is concerned
that this project has been going on for 18 - 24 months. He encouraged the Planning
Commission to approve it today, so that the Walgreens's can be built in a timely fashion
that will conform with City's requirements.
Draft Planning Commission Minutes
December 22, 1999 - Page 4
CASE 5.0816/PD 256 - McFadden & McIntosh, representing WALGREENS - Cont'd
Frank Tyson, 175 S. Cahuilla, stated that he has some questions/concerns about
maintaining the sanctity of the scenic corridor and how much lightwill come outthrough
the windows, as well as what kind of lighting will be there —the softer sodium or the
harsher halide—so that it fits in both night and day with the lovely atmosphere of the
scenic parkway.
Public Hearing Closed
In response to questions and comments by the Commissioners regarding the timing,
Director stated that they formally submitted the application to us in June, 1999, although
we started the pre-application process prior. Staff tells most applicants that a planned
development district will take four to six months, so we are close from the standpoint
of City processing time; that he understands Walgreens' frustrations, but he does not
think that their Palm Desert store involved land ownership that took a long negotiation
process,which is a different situation than we have here. He further stated that they have
worked very well with the City, but sometimes land acquisition takes longer than anyone
would like.
Director further responded to questions regarding the utility lines, stating that the
commercial development,the gas company, and telephone company along Sunrise Way
probably pre-dated the undergrounding ordinance, and those utility lines are probably
on their property, just as they are on the Walgreens property. The ordinance reads, "on
or adjacent to property", but when they are on your property, it's hard to say your
neighbor should pay half; that undergrounding is required by code, and is not
discretionary. If the assumption is made that the adjoining property owner would
participate, putting up one-half (without a commitment and agreement from the
adjoining property owner), you may only get half the money, and the City would then
have to come back in with public funds, and the only monies available for that are Rule
20A funds, which have been leveraged funds for another eight or nine years, and the
City has typically done this on major thoroughfares. He stated that undergrounding is a
local issue; that he has not seen any other funding sources; and that for redevelopment
funds the applicant would have to approach the Agency, and tax increment financing
would have to be done.
Commissioners expressed concern about the undergrounding, and that since this is a
City-wide issue, we need to find a more equitable way to handle it.
Draft Planning Commission Minutes
December 22, 1999 - Page 5
CASE 5.0816/PD 256 - McFadden & McIntosh, representing WALGREENS - Cont'd
Discussion continued regarding the architecture, site plan, median islands and
undergrounding; Director stated that the City Engineer did not recommend a median
island because he believes the traffic control can work without it because of the opposing
driveways and because the City does not have a vehicle that is adequate to maintain
medians,the Council's policy has been to nottake on additional maintenance of median
islands.
Motion was made by Matthews and seconded by Fontana to approve filing of the
negative declaration,and approve the application subject to the conditions of approval
in the staff report.
M/S/C (Mills/Klatchko; 5 - 2 -Jurasky and Matthews dissenting) to amend the motion
to include that the developers will be required to pay their proportionate share of the
median island for the frontage of their property in the future when other properties are
developed.
M/S/C (Matthews/Fontana; 5 - 2 - Mills and Raya dissenting) to approve filing of the
negative declaration,and approve the application subjectto the conditions of approval
in the staff report.and amended to add that the developers will be required to pay their
proportionate share of the median island for the frontage of their property in the future
when other properties are developed.
Draft Planning Commission Minutes
November 24, 1999 - pg. 1
CASE 5.08161PD 256 - Application by McFadden & McIntosh, representing WALGREENS
DRUG STORE for a proposed Preliminary Planned Development District for a 2-
phased, master-planned,4.02 acre commercial/retail complex,with Phase I consisting
of a 15,112-square foot Walgreens Drug Store with drive-thru pharmacy, and Phase
11 consisting of 2 future office/retail buildings totaling 11,400 square feet, located at the
southwest corner of Tahquitz Canyon Way, C-1-AA and R-4-VP Zones, Section 14.
Commission response to written comments on Draft Negative Declaration; action.
Steve Hayes, Principal Planner, gave an overview of the staff report recommending
approval of Planned Development District No. 256 for the development of a two-
phased, master planned, 4.02 acre commercial/retail complex with Phase I
development consisting of a 15,112 square foot Walgreens Drug Store with drive-thru
pharmacy facilities on the northern 2.28 acres of the site. The remaining 1.74 acres
to the south are proposed to contain two future pad buildings on 11,400 square feet
and this is shown in concept only, as Phase II will be presented to the Commission at
a later date. He stated that access to the site is proposed through three driveways,with
the primary access off Sunrise Way; that the Tahquitz access is designed to be far from
the intersection to facilitate traffic movement and the driveway on Arenas has been
located with similar considerations; that vacant land surrounds the property on the
north and west, Jensen's to the east, and an assisted living complex to the south. Staff
has done a detailed analysis of this project as it relates to the General Plan; the Tribal
Planning Commission reviewed this project and their recommendations were
incorporated. The project meets all streetscape and landscape requirements, and
Sunline requires a bus stop on Sunrise Way.
Hayes further stated that this project incorporates the Walgreens corporate footprint,
and the applicant has been through several reviews, and comments from Design
Review have been integrated. The orientation of the building provides a main focal
point at Sunrise Way and Tahquitz Canyon Way, and provides strong pedestrian
connection to the site. The loading area is screened by dense landscaping, and the
drive-thru is also being screened. Staff did a detai led environmental analysis, including
review of the traffic study, and found that with the recommended mitigation measures,
there should not be a significant environmental impact. Staff has received no
comments from the public on this project. Staff has met with applicant regarding
conditions of approval, and the applicant feels that undergrounding existing utilities
would be a financial hardship (these lines run the entire length of the western side of
the property and Edison bears no responsibility for relocating lines); and also has
concerns about the timing of improvements on Arenas. Signs will be brought to the
Commission separately. Staff recommends that the Commission recommend approval
of the project with conditions, and ordinance to change the zoning designations on the
Zoning map to PD-256 and adoption of a Mitigated Negative Declaration for the
project.
1
Draft Planning Commission Minutes
November 24, 1999 - 2
CASE 5.0816/PD 256 - Application by McFadden & McIntosh, for WALGREENS DRUG
STORE - Cont'd
In response to questions by Commissioners, Hayes stated that this application was
reviewed in August 1998, but was preliminary and with a different architect, and it has
been reviewed many times since then, and prior concerns have been addressed.
Commissioner Fontana requested that in the future,for similar situations, he would like
to see the original submittals. Chairman Mills agreed with that suggestion, and would
like to see the original plans in this case. Commissioner Klatchko stated that the old
drawings were shown at Design Review and that they were pleased with the current
proposal.
Hayes responded to questions by the Commissioners,and stated that the SavOn project
across the street was granted a one-year time extension in August 1999, and that the
SavOn has been undergoing company reorganization; and that there is a six-foot
decorative wall proposed with a ten-foot-wide landscaped planter adjacent to it.
Public Hearing Opened
Jim McIntosh stated that he represented Seymour Taxman,the developer of the project;
that Taxman has built numerous Walgreens drugstores; that they have responded to
the City's concerns and want to do a quality project, but for it to be financially feasible,
they would like relief from the conditions #13-18 on Arenas Road asking for the
dedication as well as improvements to that street to a full width before the
development of Phase II. He stated that 600 lineal feet of street frontage on Sunrise
Way and an additional 200+ feet, making 800 feet of street frontage, without Arenas,
for a 15,000 square foot building is a large ratio, and adding another 200 feet for
Arenas makes the ratio even greater—Arenas is only 200 feet long at this time, then it
dead-ends. The General Plan states that there is an ultimate right-of-way of 80 feet;
however, the specific plan for the Indian reservation land does not show Arenas
continuing through as a major arterial. There is a planned development shown on the
specific plan, which would be in conflict with Arenas as a major arterial. He stated
that if Arenas were definitely to become a major arterial, they would have no problem
dedicatingthat right-of-way,and proposes thatthey not be conditioned to dedicatethat
right-of-way during Phase I, but allow them to come back with Phase II, when there
might be a better indication of what is going to happen with Arenas Road. Also, the
nature of Phase II will determine where site access should be located and they would
like to leave those variables open. He stated that Edison has estimated that the
undergrounding of utilities will cost just under one-quarter million dollars, which will
be burden on a project of this scale, and they want to know if there is a program for
shared expense or cost, which could be reflected in the conditions. He further stated
that staff did a great job of presenting the project, and that the screen walls along the
west end of the property are going to be split-faced block, similar to the first seven feet
of the building.
Draft Planning Commission Minutes
November 24, 1999 - 3
CASE 5.0816/PD 256 - Application by McFadden & McIntosh, for WALGREENS DRUG
STORE - Cont'd
Tom Davis, Tribal Planning Director for the Agua Caliente Band of Cahuilla Indians,
commended staff, and stated that the Indian Planning Commission reviewed this
project, and that he has had several meetings with the applicant; that The Tribe
envisions other, more dynamic uses for that corner, but Walgreens is a viable tenant
and viable for the landowner; that they would like to see the project proceed, and that
they are pleased with the changes that were approved:the setback of the building from
the street, the increased landscaping, the entry way and decorative pavement, all of
which are all improvements over the original plans. He stated that the undergrounding
of utilities and Arenas Road improvements were not brought to the attention of the
Indian Planning Commission, but he feels that they would like to see a suitable
alternative to undergrounding the utility lines without the developer bearing the full
brunt of that, as it is his understanding that this is a quarter of a million dollar item and
could jeopardize the project. He further stated that he agrees with applicant regarding
Arenas Road; that Arenas Road (from Caballeros to Sunrise) is left off purposely in the
Section 14 Draft Master Plan, because they feel that it will be important to have some
flexibility with the rear 30-40 acres, possibly to aggregate the 6-7 parcels that are
vacant now, and that to call for a fully improved right-of-way would be premature; that
it would not be reasonable, and can be conditioned in the future, in Phase II.
Public Hearing Closed.
Commissioners expressed concerns regarding the following: advisability of placing
a drug store on this corner, while there is still an approved site plan pending for
another drugstore at the same intersection; weak entry statements on Sunrise Way and
Tahquitz Canyon Drive;site plan needs additional refinement; weak architecture-entry
element on the front is a heavy element; additional landscaping and berming needed;
desire to find an alternative to the developer of this project having to bear the full
burden of undergrounding the utilities (although this condition has been placed on
adjacent properties); and feasibility of the required improvements on Arenas Road.
David Barakian, City Engineer, stated it is a possibility, if Planning Commission so
desires, that deposits could be put up for that at some later date, or it could be
covenanted to some point in the future. As he recalled, the Savon approval went
through the same request and they were conditioned to underground the same power
lines to the south side of Tahquitz,then this development would pick it up. Therefore,
doing something different would not be consistent with what has already been done,
and the condition is there pursuantto the City's ordinance. He stated that Arenas Road
is on the City's General Plan, hence that condition for the dedication; that he would
not be opposed to deferring improvements on Arenas Road until Phase 11 is built, but
Draft Planning Commission Minutes
November 24, 1999 - 4
CASE 5.0816/PD 256 - Application by McFadden & McIntosh, for WALGREENS DRUG
STORE - Cont'd
because the entire development was going to be serviced by the truck traffic off of
Arenas, he questioned where would that go instead;that even if the City were to revise
its Master Plan, because the road does exist and does get use, the road should still be
put through.
With respect to the Section 14 issues and the street dedication, Director explained that
the Section 14 Plan is still a draft and that staff has asked for a refinement of the
localized streets in Section 14, and that the difficulties arise from the properties having
numerous owners. If the consolidation of the land in Section 14 is accomplished, this
street may not be needed.
Commissioners discussed the Arenas Road requirement, traffic circulation, and impact
on surrounding properties.
Director stated that the City wants the Arenas Road dedication, but the full street
improvements can be deferred, and that when the Section 14 Master Plan is adopted,
that if vacation of right-of-way is needed it can be done, and the actual width of that
street will be determined at that time. The developer can still do a driveway to the
existing half-street on Arenas for the truck traffic, and an interim connection can be
done with cooperation between the City Engineer and the developer. Many of the
details of the Section 14 Master Plan still need to be worked out, and it will be in the
hearing process within a year.
Director responded to Commissioners' questions, and stated that there will be a street
to the west property line of the Sunrise Royale property and this property; that if there
is a street closure or if it is not going to be extended, there will be a cul-de-sac, or it
will some kind of on-site facility and may be a private drive, connecting from Sunrise
to the Downtown; that options are not being eliminated by moving forward with a
recommendation on a secondary thoroughfare today with a fal lback position; that we
will have to get a safe turnaround in the future, and are keeping the options open.
Director stated that staff has looked at undergrounding of utilities, and he would prefer
to find a different system; that if both pharmacies worked together, the cost for each
would be less because a larger scale project costs less; that the best approach is to do
a City-wide undergrounding project and develop a per-street-frontage fee or per-acre
fee and put the money in the pool, then allocate in the future; that this idea has had
support from City Council in the past, and liked it as opposed to what we are doing it
now, and it is more equitable. However, the Planning Commission is obligated to
enforce the ordinance, but the Council could be requested to look at alternatives.
Draft Planning Commission Minutes
November 24, 1999 - 5
CASE 5.0816/PD 256 - Application by McFadden & McIntosh, for WALGREENS DRUG
STORE - Cont'd
Director suggested doing a small-scale study as part of Section 14, develop a program
for undergrounding all the utilities in Section 14, spread the cost among all, and it
would probably be a manageable program with the adoption of an ordinance. He
stated that this could be a model for the rest of the City; however, at this time the
Planning Commission cannot change the requirement of the ordinance; and the other
option is to defer this portion to Phase II.
Applicant stated that there was another architect in the beginning; that he thought they
had passed Architectural Review;that his client will wonderwhy redesign is necessary,
which will include starting over from Walgreens in Chicago; that Walgreens process
takes time, which is why it has taken him so long to come back to Commission. He
said that he tried to address comments made to the original architect; that he also tried
to address the entryway issue, and when Phase II is done there will be a focal point.
M/S/C (Fontana/Raya; 5 - 1, Matthews dissenting, Jurasky absent) to continue to
meeting of December 22, 1999.
LAW OFFICES OF
ERNEST G. NOIA
NOIA PROFESSIONAL BUILDING
429 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CALIFORNIA 92262
TELEPHONE (760) 320-6912 FACSIMILE (760) 320-5739
January 18, 2000
Mr. Doug Evans, City Planner
City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92263
Re: Walgreens Application
Dear Mr. Evans:
I am writing you this letter on behalf of my clients, the Indian Landowners, with the consent
and agreement of the Applicant, to insure that there are no miscommunications regarding
the upcoming hearing by the City Council on January 19, 2000 wherein the conditions of
approval for the Walgreens project will be discussed.
The last City Council meeting resulted in a 2-2 tie vote and the item was postponed to
determine if the 5"' Council Member could vote. We had asked for relief from four (4) of
the 100+conditions imposed on the project by the Planning Commission. I requested this
on behalf of the six (6) Indian landowners with the applicants (Chitown of Palm Springs,
LLC) knowledge and consent.
We have now revisited those issues and completed some further investigation. In
addition, we have discussed this matter with the Applicant, the Director of Planning for the
Tribe, the Bureau of Indian Affairs, the Indian Planning Commission on Monday, January
10, 2000, Charles T. Duke, Attorney for one of the six (6) landowners and David Aleshire,
the City Attorney. Based on those discussions and for the reasons briefly outlined below
we must now request the following:
1. Condition 32 -Under Groundina of Power Lines- Based on my research and the
conversations mentioned above, it has been determined that by June, 2010 the
utility poles will be removed because the right of way allowing for above ground
Electric Lines only will expire by its own terms. Since this will affect the entire
corridor from Arenas to Ramon Road, it seems prudent to eliminate said condition
at this time. Also, If it was merely deferred, the utility company may use that
deferral to unfairly shift the cost to Lessee. If there is no condition, the utility
company has no choice except to relocate the lines into Sunrise Way at its
expense.
Doug Evans, City Planner
January 18, 2000`Page Two
2. Condition 14 - Arenas Dedication - It is my understanding that the current staff
recommendation defers the Arenas dedication until Phase 2. We respectfully
request the condition requiring dedication of an 80' ROW be eliminated at this time,
for reasons previously stated including that 1) Arenas is not planned to be a
through street in the Tribes Section 14 Specific Plan and 2) even if it was to be
dedicated the maximum size will probably be 60' ROW because it will then align
Perfectly with Arenas as currently improved on the other side of Sunrise Way.
3. Condition 12A -Traffic Median - Requiring the Lessee to pay for a traffic median
that is not part of a comprehensive plan is premature. There are pros and cons
regarding the need and use of traffic medians. However, in this case the City's own
Engineer believes it is unnecessary. We agree. Therefore, that condition should
be eliminated.
4. Condition 97- Design Condition-This is one area that I believe is too subjective.
The proof is the fact that the Architectural Review Committee approved the design
and the Planning Commission did not approve. Therefore, since Walgreens has
stated they will not revise the plan again, we would request that this condition be
eliminated and the plan which was approved by the Architectural Review Committee
be utilized and the redesign condition eliminated.
After receiving this letter, if you have any questions, please contact me.
Very truly yours,
e--A 's
Ernest G. Noia, Esq.
EGNJI
cc: Indian Landowners
City Council Members
Chitown of Palm Springs, LLC
Tom Davis - Indian Tribal Planning
Charles Duke, Esq.
MEMORANDUM
TO: Dave Aleshire
FROM: John A. Ramirez
DATE: January 14, 2000
RE: Conflict of Interest Issue and Palm Springs City Councilmember Jeanne Reller-
Spurgin
This memorandum responds to your request that I research the extent to which City of
Palm Springs ("City") Councilmember Jeanne Reller-Spurgin ("Councilmember") may have a
conflict of interest under the state's Political Reform Act ("PRA").
FACTUAL BACKGROUND
As I understand the facts, the City Council has before it an application proposing to
develop and construct a Walgreens Pharmacy on a certain parcel located in the City.
Immediately adjacent to the proposed Walgreens site is a convalescent health care facility
("convalescent home"). The convalescent home provides long-term health care to elderly
patients. Most, if not all of the patients require full-time observation from convalescent home
health personnel and most of the patients are unable to leave the convalescent home under their
.own power.
The convalescent home is owned and operated by Windsor Healthcare Management
("Windsor"). Windsor owns approximately eight (8) other similar facilities in the southern
!California area.
IJ32/014084-0001
Ji9801 a01/14/00
t
Dave Aleshire
January 13, 2000
Page 2
The issue of a potential conflict arises because the Councilmember is an employee of the
convalescent home located immediately adjacent to the proposed Walgreens site. The
Councilmember is not an owner or officer of Windsor.
Within the context of these facts, you have asked whether the Councilmember may vote
on the decision of whether to approve or disapprove the proposed Walgreens project.
ANALYSIS AND CONCLUSION
The PRA prohibits a government decision maker from participating in a decision if the
decision will have a foreseeable, material financial effect on the decision maker. (Govt. Code
section 87100.) The financial interests regulated by the PRA include, among other interests,
'"economic interests in persons who are sources of income" to an official. (Govt. Code section
87103(c); 2 Cal. Code of Regs. section 18705.3.) Because "person" includes the term "business
entity" (Govt. Code section 82047), the Councilmember is deemed to have a financial interest in
Windsor. In other words, whether the Councilmember may participate in the decision of whether
to approve or disapprove the Walgreens project will depend on whether it is reasonably
foreseeable' that approval or disapproval of the project will materially affect Windsor—the
source of income to the Councilmember.
In order to make this determination, two steps are required. First, it must be determined
whether Windsor would be deemed to be "directly" or "indirectly" involved in the decision. (See
2 Cal. Code of Regs. section 18704.1.) Second, based upon the degree of involvement, it must
An effect of a decision is 'reasonably foreseeable" if there is a substantial likelihood that it
032/014084-0001
?)598.01 a01/14/00
Dave Aleshire
January 13, 2000
Page 3
be determined whether the effect of the decision on Windsor will be "material." (2 Cal. Code of
Regs. section 18704.1(b).) If the effect of approving or disapproving the Walgreens project is
deemed to be immaterial, the Councilmember may vote on the issue of whether to approve or
disapprove the Walgreens project.
A. Direct or Indirect Involvement
Under the applicable PRA regulations, a business entity is "directly" involved in a
decision when the entity "initiates the proceeding" or "is a named party" or is the "subject of the
decision. (2 Cal. Code ofRegs. section 18704.1(a).)
Here, Windsor is deemed to be "indirectly involved" in the decision because it is not the
subject of the proceeding concerning the Walgreens project.
B. Detennining Whether the Effect is Material
Having determined that Windsor would be deemed to be "indirectly" involved in the
decision, the next step is determining whether the effect on Windsor will be "material" as defined
by the applicable PRA regulations. Here, the applicable standard is set forth in regulation
18705.1(b) pertaining to "business entities." (See 2 Cal. Code ofRegs. section 18704.1(b).) As
a general matter, determining the precise materiality standard to apply (as contained in regulation
18705.1(b)) is dependant on the size of the business entity at issue.
According to Harold Walt, the Controller of Windsor(310/385-1090), the applicable
materiality standard to apply in this context is regulation 18705.1(b)(6) (copy attached).
According to Mr. Walt, the triggers contained in subdivisions (b)(1) and (b)(2) are inapplicable,
will occur. (In re Thom (1975) 1 FPPC Ops. 198.)
032/014084-0001
79598.01 a01/14/00
Dave Aleshire
January 13, 2000
Page 4
and Windsor:-.(I) has net tangible assets of at least $4,000,000, and (2) had pre-tax income for
the last fiscal year of at least $750,000, with net income from that period of at least $400,000.
Under this materiality standard, a decision is material if:
(A) The decision will result in an increase or decrease in the gross revenues for a fiscal
year of$30,000 or more; or
(B) The decision will result in the business entity incurring or avoiding additional
expenses or reducing or eliminating expenses for a fiscal year in the amount of$7,500 or more;
or
(C) The decision will result in an increase or decrease in the value of assets or liabilities
of$30,000 or more.
According to Mr. Walt, the decision of whether to approve or disapprove the Walgreens
project will not materially affect Windsor pursuant to the above-referenced standards.
According to Mr. Walt, the location of a Walgreens adjacent to the convalescent home will not
eesult in the increase or decrease of Windsor revenues, and the Walgreens project will not reduce
or increase any Windsor expenses.
Further, the Walgreens will not result in an increase or decrease of Windsor assets or
liabilities due to the fact that the Walgreens project will not alter the convalescent home
facilities. For example, the convalescent home's parking lot will not be altered and the
convalescent home will not realize any improvements to its facility as a result of the approval or
disapproval of the Walgreens.
1032/014094-0001
39598.01 a01/14/00
Dave Aleshire
January 13, 2000
Page 5
Accordingly, the Councilmember may vote on whether to approve or disapprove the
Walgreens project.
For your information, this analysis and conclusion was confirmed by the FPPC.
Please feel free to contact me should you wish to discuss this in greater detail or if you
have any further questions or concerns.
'032/014084-0001
39598 01 a01/14/00
§ 1L70S 7 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 2
2.Arnerldaeat'frled 6-4-82;effective thirtieth day thereafter(Register 82,No. Fortune Magazine Directory of the 1,000largest U.S.corporations,the
23)' tests in subdivision(b)(1)applicable to non-Fortune 1,000business enti-
3.Repealm'aod new section filed 11-23-98;operative I1-23-98 pursuant to the ties listed on the New York or American Stock Exchanges may be
1974 vrmfoa of Government Code section 11390.2and 6tle2,California Code applied.
of RegrJ>moas,section 18312(d)and(e)(Register 98,No.48). PP
(5)For any business entity notcovered by subdivisions(b)(1)or(b)(2)
§16705.1. Materiality Standard: Economic Interests in which meets the financial standards for listing on the New York Stock
Business Entities. Exchange,the tests in subdivision(b)(2)may be applied,The standards
(a)Dimntyinvolved business entities.The effect of a decision is mate- are as follows: The business entity has net tangible assets of at least
rial if anyivainess entity(other than one covered by subsections(b)(1) $18,000,000 and had pre-tax income for the last fiscal year of at least
or (bx2))in which the official has a direct or indirect investment of $2 0.
$1,000 or more, any business entity covered by subsections (b)(1) or (66))For
or any business entity not covered by subdivisions(b)(1)or(b)(2)
(b)(2)in shich an official has a direct or indirect investment of$10,000 which meets the financial standards for listing on the National Associ-
orore,tsaaybusinessenti[yinwhichtheofficialisanofficer,director, ationofSecuritiesDealersNationalMarketList,thetestsinsubdivision
rtt
as
partner,tatatee,employee,or holds any position of management,is di- has n may applied.The standards areas follows:The business entity
rectly invdved in a decision before the official's agency. h net tangible assets of at leas[$4,000,000,and had pre-tart income for
[NO11<With respect to any business entity covered by subsections the last fiscal year of at least$750,000,with net income from that period
(b)(1)or(W)in which an official has a direct or indirect investment of of at least$400,000.
(7)For any business entity not covered by subdivisions(b)(1)through
$1,000 ormore,but less than$10,000,materiality must still be analyzed (b)(6),inclusive:
pursuant ss subsection(b).] (A)The decision will result in an increase or decrease in the gross reve-
(b)Indim%ly involved business entities.The effect of a decision is ma- noesforafiscalyearlI result ion increase
esor
terial as to abrsiness entity in which an official has an economic interest
if any of tie following applies: (B)The decision will result in the business entity incurring or avoiding
(I)Formybusiness entity listed on die New York Stock Exchange or additional expenses or reducing or eliminating existing expenses for a
fiscal year in the amount of$2,500 or more;or
the Amedcaa Stock Exchange:
(A)Thedecision witlresultin aninaease or decrease tothe gross reve- (C)The decision will result in an increase or decrease in the value of
Hues for afresh year of$250,000 or more,except in the case of any bust- NOTE:
or liabilities of$10,000 or more.
ness intitylimed in themostrecently publisbedFortuneMagazine Direc- NOTE:87102Autho., riled:Becton.8,871 Government Code.Reference:Sections
87100,87102.5,87102.6,87102.6,87103,Government Code.
tory of the I,000 largest U.S.corporations,in which case the increase or ffisTORv
decrease it gross revenues must be$1,000,000 or more;or 1.New section filed 11-23-98;operative I1-23-98 pursuant o the 1974 version
(B)Thedecision will result in the business entity incurring or avoiding of Government Code section 11390.2 and tide 2,California Code of Regula-
additional expenses or reducing or eliminating existing expenses for a lions,section 18312(d)and(e)(Register 98,No.48).
fiscal yearm the amount of$100,000 or more,except in the case of any 2.Change without regulatory effectamending section heading filed 3-26-99 pur-
business listed in the most recent] published Fortune Magazine suant to section 100,title 1,California Code of Regulations(Register 99,No.
�y Y P g 13).
Directory of the 1,000 largest U.S.corporations,in which case the in-
crease or dxaease in expenses must be$250,000 or more;or
(C)Tbed dsion will result in an increase or decrease in the value of § 18705.2. Materiality Standard: Economic Interests in
assets or Habit&ties of$250,000 or more,except in the case of any busi- Real Property.
ness eatitylisled in the most recently published Fortune Magazine Direc- (a)Directly involved real property interests.Any reasonably foresee-
tory of the 100 largest U.S.corporations,in which case the increase or able financial effect on real property in which apublicoffrcial has aneco-
decrease is aiaets or liabilities must be$1,000,000 or more. comic interest,and which real property is directly involved in a decision
(2)Foranybusiness entity listed on the National Association of Secu- before the official's agency,is deemed material.
rities Dealers National Market List(securities ofcompanies on this over- (b)Indirectly involved real property interests,other than leaseholds.
thetcountaaarket list are registered with and subject to the Security and (1)The effect of a decision is material as to real property in which an
Exchange Cannlission's role requiring tape reporting of last sale infor- official has a direct,indirect or beneficial ownership interest(not includ-
mation(17 CI R section 240.77 Aa3-1]): ing a leasehold interest),if any of the following applies:
(A)Thedebsion will result in an increase or decrease in the gross reve- (A)The real property in which the official has an interest,or any part
nues for ataral year of$150,000 or more;or of that real property,is located within a 300 foot radius of the boundaries
(B)The de lion will result in the business entity incurring or avoiding (or the proposed boundaries)of the property which is the subject of the
additional expenses or reducing or eliminating existing expenses for a decision,unless the decision will have no financial effect upon the offi-
fiscal yearn she amount of$50,000 of more;or cial's real property interest.
(C)The deasion will result in an increase or decrease in the value of (B)The decision involves construction of,or improvements to,streets,
assets or liablaties of$150,000 or more, water,sewer,storm drainage or similar facilities,and the real property in
(3)Foratrybusiness entity not covered by subdivisions(b)(1)or(b)(2) which the official has an interest will receive new or substantially im-
buewbichisfiRedonthe Pacific Stock Exchange or is qualified for public proved services.
sale in this one and is listed on the Eligible Securities List maintained (C)The real property in which the official has an interest is located out-
bythe Califona Department of Corporations(which applies to partner- side a radius of 300 feet and any part of the real property is located within
ships and other business entities as well as corporations): a radius of 2,500 feet of the boundaries(or the proposed boundaries)of
(A)Thedecision will result in anincrease or decrease in the gross reve- the property which is the subject of the decision and the decision will
nues for a fiscal year of$30,000 or more;or have a reasonably foreseeable financial effect of:
(B)Thedadsion will result in thebusiness entity incurring or avoiding (i)Ten thousand dollars($10,000)or more on the fair market value of
additional exlenses or reducing or eliminating existing expenses for a the real property in which the official has an interest;or
fiscal year in ire amount of$7,500 or more;or (ii)Will affect the rental value of the property by$1,000 or more per
(C)The drasion will result in an increase or decrease in the value of 12 month period.
assets or lishifties of$30,000 or more. (2)The reasonably foreseeable effect of a decision is not considered
(4) For say business entity not covered by subdivision(b)(1)which material as to teal property in which an official has a direct,indirect or
meets the financial standards for listing on the most recently published beneficial interest(not including a leasehold interest),ifthe real property
Page 440 Register 99,No.?A;5-14-99
14 January 2000.
Hon. William G. Kleindeinst and
Members of the City Council,
City of Palm Springs,
3200 East Tahquitz Way,
Palm Springs, California 92262.
Dear Mayor Kleindeinst:
We watched the telecast of the January 5 meeting of the City Council and we
were distressed with what was going on.
The question was a proposed Walgreen's drugstore on Sunrise Way and some
members of the Council seemed so very very willing to give major unwarranted
concessions to the applicant.
Why? We ask why? Palm Springs doesn't need to lower its standards to
attract new development. This is an outstanding city in a beautiful setting. High
municipal requirements will protect the environment we have here and will make it
even more desirable for investment in the future.
We were most impressed with the recommendations of the planning staff and
with the leadership of the Mayor in this regard.
Please don't throw away important city requirements!
Thank you. R d v 4�x
Marc Herbert,
400 West Arenas, #3
cc: Doug Evans Palm Springs 92262.
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING CASE NO. 5.0816 (PLANNED
DEVELOPMENT DISTRICT NO. 256) TO JAMES MCINTOSH,
SUBJECT TO THE CONDITIONS STATED, FOR A PLANNED
DEVELOPMENT DISTRICT FOR THE DEVELOPMENT OF A
TWO-PHASED COMMERCIAL/RETAIL CENTER ON 4.02
ACRES OF LAND WITH PHASE ONE DEVELOPMENT
CONSISTING OF A 15,112 SQUARE-FOOT WALGREENS DRUG
STORE WITH DRIVE-THROUGH PHARMACY FACILITIES
AND PHASE TWO CONSISTING OF TWO FUTURE
OFFICE/RETAIL BUILDINGS TOTALING 11,400 SQUARE FEET,
LOCATED ON THE SOUTHWEST CORNER OF TAHQUITZ
CANYON WAY AND SUNRISE WAY, C-1-AA AND R-4-VP
ZONES, SECTION 14, AND MAKING FINDINGS IN SUPPORT
THEREOF.
WHEREAS, James McIntosh (the "Applicant") has filed an application with the City pursuant to
Section 9402.00 of the Zoning Ordinance, Preliminary Planned Development District No. 256 for
the development of a two-phase commercial/retail complex with Phase One development consisting
of a 15,112 square-foot Walgreens Drug Store with drive-through pharmacy facilities and phase two
consisting of two future office/retail buildings totaling 11,400 square feet, located on the southwest
corner of Tahquitz Canyon way and Sunrise way, C-1-AA and R-4-VP zones, section 14
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to
consider Applicant's application for Planned Development 256 were given in accordance with
applicable law; and
WHEREAS, on November 24, 1999 and continued to December 22, 1999, a public hearing on the
application for Planned Development 256 was held by the Planning Commission in accordance with
applicable law; and
WHEREAS,on December 22, 1999,the Planning Commission voted 5-2 to recommend approval of
the application to the City Council subject to the findings and conditions stated in Resolution No.
4676; and
WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider
Applicant's application for Planned Development 256 were given in accordance with applicable law;
and
WHEREAS, on January 5, 2000, and continued to January 19, 2000, a public hearing on the
application for Planned Development 256 was held by the City Council in accordance with
applicable law; and
WHEREAS, the proposed Planned Development District, PD 256/Case 5.0816, is considered a
"project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a
Negative Declaration has been prepared for this project and has been distributed for public review and
comment in accordance with CEQA; and
WHEREAS,the City Council has carefully reviewed and considered all of the evidence presented in
connection with the hearing on the Project, including but not limited to the staff report, all
c0.
environmental data including the initial study, the proposed Mitigated Negative Declaration and all
written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA,the City Council finds as follows:
The final Mitigated Negative Declaration has been completed in compliance with CEQA,the
State CEQA Guidelines, and the City's CEQA procedures contained in the City's CEQA
Guidelines. The Planning Commission has previously reviewed and considered the
information contained in the Mitigated Negative Declaration and the City Council has
independently reviewed and considered the information contained in the Mitigated Negative
Declaration and finds that it adequately discusses the significant environmental effects of the
proposed project, which includes mitigation measures for traffic and circulation such as, the
payment of Transportation Uniform Mitigation Fund(TUMF)fees upon issuance of building
permits of both phases of the project, the contribution to intersection improvements at
Tahquitz Canyon Way and Sunrise Way, including any additional street dedication and street
modifications for the future installation of dual left turn lanes,and modifying the traffic signal
overlap phase at said intersection and that, on the basis of the initial study and cominents
received during the public review process, there is no substantial evidence that there will be
any significant adverse environmental effects as a result of the approval of this Project. The
City Council further finds that the Mitigated Negative Declaration reflects its independent
judgment.
Section 2: Pursuant to Section 9403.00 of the Zoning Ordinance,the City Council finds that with
the incorporation of those conditions attached in Exhibit A:
a. That the use applied for at the location set forth in the application is properly one for
which a Planned Development District is authorized by the City's Zoning Ordinance.
The proposed Planned Development District will allow for a mix of commercial uses,
including a Walgreens Drug Store which includes a drive-through pharmacy and two fatare
office/retail buildings, is permitted pursuant to a Planned Development District.
b. That the proposed Planned Development District is consistent with the applicable
general and specific plans.
The subject property is designated as "RC" (Resort Commercial) and "H 43/30" (High
Density Residential) with an "NCC" (Neighborhood Commercial Center) overlay at the
intersection of Tahquitz Canyon Way and Sunrise Way on the City's General Plan Land Use
Map and C-1-AA (Large Scale Retail/Commercial Zone) and R-4-P (Vehicle Parking,
Large Scale Hotel and Multiple Family and Limited Commercial/Retail Zone)pursuant to
the Zoning Map. In addition, the site is designated Resort Attraction pursuant to the Draft
Section 14 Master Development Plan. The purpose of the Resort Attraction designation is
to promote large-scale resort hotel complexes, hotels, and major commercial recreation
attractions integrated with retail and entertainment facilities. The application entails a
planned development for the development of a two-phased commercial/retail center. The
project complies with the General Plan,in that the development and uses anticipated within
this project support its goals and policies. The proposed use on the larger scale is in
consonance with the spirit and intent of the plan, providing needed supportive retail uses to
tourists and residents of the area. Thus, the proposed project should not be a significant
impact to the surrounding neighborhood.
C. That the said use is necessary or desirable for the development of the community,is in
harmony with the various elements or objectives of the General Plan, and is not
detrimental to existing uses or to future uses specifically permitted in the zones in
which the proposed use is to be located.
The proposed Preliminary Planned Development District application for a commercial center
will provide commercial/retail and general services to both the neighboring residents and
visitors to the community which are objectives of the General Plan as well as the zones in
which the site is located (i.e. the site is designated Resort Commercial, High Density
Residential and Neighborhood Convenience Centerpursuant to the General Plan and zoned C-
lAA and R-4-VP with a Resort Overlay zone). The commercial center proposal will provide
resident and tourist conveniences such that the location is within the City's Tourist Corridor
along Tahquitz Canyon Way,yet is also in proximity to a number of low and medium density
residential areas. The subject project incorporates upgraded architectural styles and
landscaping in order to blend in aesthetically with both the resort commercial areas and the
residential areas. Additionally, driveways have been located on all street frontages in a
manner that will provide safety and aesthetic benefits and is consistent with policies of the
General Plan.
d. The design or improvements of the proposed planned development are consistent with
the General Plan.
The subject site is designated C-1-AA (Large Scale Retail/Commercial Zone) and R-4-P
(Vehicle Parking, Large Scale Hotel and Multiple Family and Limited Commercial/Retail
Zone)pursuant to the Zoning Map and "RC" (Resort Commercial) and "H 43/30" (High
Density Residential pursuant to the General Plan Land Use Map. The project will be
compatible with the General Plan and with existing previously approved land uses of vacant
land to the north(across Tahquitz Carryon Way),and has been designed to be sensitive to and
not conflict with the design of the existing commercial center to the east(across Sunrise Way),
the existing assisted living facility across Arenas Road to the south and with future
development of the vacant land adjacent to the west.
e. The site is physically suitable for the type of development contemplated by the
planned development.
The project has been designed to comply with all performance and development standards of
the "C-1-AA" and R-4-VP Zones of the Zoning Ordinance. The site is essentially flat in
topography and is void of any significant vegetation or structures,and can be directly accessed
by Sunrise Way,Tahquitz Canyon Way(right turns in and out) and Arenas Road. Thus,the
site is physically suitable for the type of development contemplated by the proposed
subdivision.
£ The site is physically suitable for the proposed density of development contemplated
by the proposed planned development.
The project site is separated from existing land uses to the north, east, and south by streets.
Nevertheless, the proposed planned development will be consistent with existing land uses
and designations to the north,west,and east,and will be compatible with existing land uses to
the south. The site is essentially flat in topography and is void of any significant vegetation or
structures,and will be accessed by via Sunrise Way,Tahquitz Canyon Way,and Arenas Road.
Thus, the project should be compatible with surrounding neighborhood.
g. That the site for the proposed use relates to streets and highways properly designed
and improved to carry the type and quantity of traffic to be generated by the proposed
use.
lez
/Cw Y
The proposed Planned Development is bordered on three sides by roadways,two of which are
major thoroughfares and one of which is a collector roadway. A traffic report was conducted
which concluded that the existing levels of service for the Tahquitz Canyon Way/Sunrise Way
and Sunrise WayBaristo Road intersections,which currently operate wider acceptable levels
of service, were forecast to change with the addition of project related trips. However, based
on the Traffic Study prepared for the project, which included mitigation measures for traffic
and circulation associated with the project such as, the payment of Transportation Uniform
Mitigation Fwnd(TUMF)fees upon issuance of building permits of both phases of the project,
the contribution to intersection improvements at Tahquitz Carryon Way and Sunrise Way,
including any additional street dedication and street modifications for the future installation of
dual left turn lanes, and modifying the traffic signal overlap phase at said intersection at
Tahquitz Canyon Way and Sunrise Way all incorporated into the recommended Conditions of
Approval for the project(Exhibit A), the vehicular circulation system will not be negatively
impacted by trips generated from this project.
h. The conditions to be imposed and shown on the approved site plan are deemed
necessary to protect the public health,safety and general welfare,including any minor
modifications of the zone's property development standards.
All proposed conditions of approval are necessary to ensure public health and safety
including,but not limited to,the requirements for traffic signal modifications,provisions for
delivery truck access, curbs, gutters and sidewalks.
i. A nexus and rough proportionality have been established for requirement of dedication
of the additional right-of-way to the City and the off-site improvements as related to
the Planned Development District.
The conditions requiring off-site improvements which are required by City ordinances are
related to the proper function of the project in the proposed location. Patrons and employees
will utilize the three surrounding streets to access the site. Conditions of approval require the
dedication of right-of-way along Sunrise Way, the undergrounding of on-site overhead
utilities, the installation of other improvements such as curbs, gutters and sidewalks. All of
the above required improvements will provide direct and immediate safety benefits to the
patrons and owners of the proposed project and the requirements will provide for an
aesthetically pleasing site for its users to enjoy. The required improvements are in rights-of-
way immediately adjacent to the site, which must be utilized by those accessing the subject
site, or completely on the property. These improvements and/or mitigation include the
payment of Transportation Uniform Mitigation Fund(TUMF)fees upon issuance of building
permits of both phases of the project, the contribution to intersection improvements at
Tahquitz Canyon Way and Sunrise Way,including any additional street dedication and street
modifications for the fixture installation of dual left turn lanes,and modifying the traffic signal
overlap phase at said intersection at Tahquitz Canyon Way and Sunrise Way. Without the
proposed project, which will provide for 26,512 square feet of commercial uses, generating
traffic and site users, these improvements would not be warranted since the site is currently
vacant and not currently impacting any City rights-of-way.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing,'the City Council hereby
approves Case No. 5.0816 (Planned Development District No. 256) subject to those conditions set
forth in the in Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy
unless other specified.
ADOPTED this_day of 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM:
l
RESOLUTION NO. XCO
EXHIBIT A
PLANNED DEVELOPMENT DISTRICT 5.0816-PD-256/WALGREENS
SWC OF SUNRISE WAY AND TAHQUITZ CANYON WAY
JANUARY 5, 2000
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall he completed to
the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the
Fie Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ENGINEERING:
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment
Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on
Major and Secondary Thoroughfares.
2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering
Division.The plan(s)shall be approved by the City Engineer prior to issuance of any grading or
building permits.
Minimum submittal shall include the following:
A. Copy of signed Conditions of Approval fiom Planning Department.
B. All agreements and improvement plans approved by City Engineer, IF applicable.
C. Proof of processing dedications of right-of-way, easements, encroachment
agreements/licenses, covenants, reimbursement agreements, etc. required by these
conditions.
TAHOUITZ CANYON WAY EAST
3. The driveway approach shall be constructed in accordance with City of Palm Springs Standard
Drawing No. 201 and have a minimum width of 24 feet. Provide proper signage for right turn
only at driveway exit.
4. Construct a minimum 8-foot wide meandering sidewalk along the entire fi-ontage in accordance
with City of Palm Springs Standard Drawing No. 210,with colored Portland Cement Concrete.
The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the
Engineering Division. The concrete shall receive a broom finish. Any portions of the sidewalk
outside of the public right-of-way shall have an easement granted to the City,to the satisfaction
of the City Engineer.
5. All broken or off grade CURB,GUTTER,AND AC PAVEMENT shall be repaired or replaced.
SUNRISE WAY SOUTH
6. Dedicate an additional right-of-way of 10 feet to provide the ultimate half street width of 50 feet
along the entire frontage, together with a property line- corner cut-back at the NORTHEAST
comer of the subject property in accordance with City of Pahn Springs Standard Drawing No.
105.
7. Construct a 160-foot long by 12-foot wide bus turn out on the SUNRISE WAY SOUTH
frontage.The configuration shall be approved by the City Engineer in conjunction with SunLine
Transit. Contact SunLine Transit for details regarding bus stop ftur iture/shelter requirements.
The additional right-of-way necessary for the installation of the required bus bay turnout shall be
dedicated to the City in conjunction with Phase One,to the satisfaction of the City Engineer.
8. The property owner shall enter into a reciprocal access agreement with the owner(s), master
lease and all sub-leases for parking and ingress/egress and provide a copy of same to the City
Engineer prior to issuance of building permit.
9. The driveway approach shall be constructed in accordance with City of Palm Springs Standard
Drawing No. 205 and have a minimum width of 24 feet. The driveway approach shall be
aligned with the driveway approach on the east side of Sunrise Way.
10. Construct a minimum 8-foot wide meandering sidewalk along the entire frontage in accordance
with City of Palm Springs Standard Drawing No.210, with colored Portland Cement Concrete.
The admixture shall be Pahn Springs Tan, Desert Sand, or approved equal color by the
Engineering Division. The concrete shall receive a broom finish.Any portions of the sidewalk
outside of the public right-of-way shall have an easement granted to the City,to the satisfaction
of the City Engineer.
11. All broken or off grade CURB,GUTTER,AND AC PAVEMENT shall be repaired or replaced.
12. Remove and replace existing pavement with a minimmun pavement section of 5 inch asphalt
concrete over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative
compaction, OR equal, from edge of proposed gutter at median island to clean saw cut edge of
pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing
No. 110 and 340. The pavement section shall be designed,using"R"values,by a licensed Soils
Engineer and submitted to the City Engineer for approval.
12A. The developer shall pay his proportionate share of the construction of a 14-foot wide
landscaped,raised median island as specified by the City Engineer from Tahquitz Canyon Way
to Arenas Road. Provide a left turn pocket on the south side of the Sunrise Way South at
Tahqu itz Canyon Way intersection. Provide a left tarn pocket on the north side of the Smirise
Way South and Arenas Road intersection. Provide left tam pockets on both sides of the project
driveway,which lines up with the project driveway for the connnercial/retail center to the east.
The nose width shall be 4 feet wide and shall have stone cobbles to the point where the
desertscape can begin. The length of the turn pockets shall be determined per Caltrans Highway
Design Manual Sec. 405 and be approved by the City Engineer.
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13. The Engineering Division recommends deferral of off site improvement ITEMS 14, 15, 16, 17,
18 and 19 at this time provided that the south half of the proposed project(Phase 2 as shown on
the revised site plan dated Nov, 19, 1999)is not constructed at this time and the driveway is not
extended south to Arenas Road. The developer shall enter into a covenant agreeing to construct
all mentioned improvements along the entire frontage upon the requires of the City of Palm
Springs Director, Department of Transportation at such time as deemed necessary. The
covenant shall be submitted with the Grading Plan. The Grading Permit will not be issued until
the completion of the covenant.
At such time that the south half of the project(Phase 2 as shown on the revised site plan dated
Nov. 19, 1999) is submitted for approval OR the driveway is extended south to Arenas Road,
the developer shall construct the above deferred items in addition to any requirements then
applicable.
14. Half-street right-of-way is required to an ultimate width of 40 feet and shall be offered via an
irrevocable offer of dedication to the City of Palm Springs.
15. Construct a 6 inch curb and gutter,32 feet NORTH of centerline along the entire frontage,with
a 35 foot radius curb return at the SOUTHEAST corner of the subject property per City of Palm
Springs Standard Drawing No. 200.
16. The driveway approach shall be constructed approximately 175 feet west of the end of curb
return at Sunrise Way South and Arenas Road in accordance with City of Palm Springs Standard
Drawing No. 201 and have minimum width of 24 feet.
17. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
18. Construct a curb ramp meeting current California State Accessibility standards at the
SOUTHEAST corner of the subject property per City of Palm Springs Std. Dwg.Nos. 212 and
212A.
19. Construct pavement with a minimum pavement section of 3 inch asphalt concrete pavement
over 6 inch aggregate base with a minimum subgrade of 24 inches at 95%relative compaction,
OR equal, from edge of proposed gutter to centerline along the entire fi-ontage in accordance
with City of Palm Springs Standard Drawing No. 110 and 325. The pavement section shall be
designed,using"R"values,by a licensed Soils Engineer and submitted to the City Engineer for
approval.
SANITARY SEWER
20. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at
manhole.
GRADING
21. A copy of a Title Report prepared/updated within the past 3 months and copies of record
documents shall be submitted to the City Engineer with the first submittal of the Grading Plan.
22. Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering Division for
plan check. Grading plan shall be submitted to the Planing Department for comments prior to
submittal to the Engineering Division.The Grading Plan shall be approved by the City Engineer
prior to issuance of any grading or building permits.
Minimum submittal includes the following:
A. Copy of final Planning Department comments.
B. Copy of signed Conditions of Approval fiom Planning Department.
C. Copy of Site Plan stamped approved and signed by the Planning Department.
D. Copy of Title Report prepared/updated within past 3 months.
E. Copy of Soils Report,IF required by these conditions.
F. Copy of the General Construction Activity Storm Water Permit from the State Water
Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to
issuance of the grading permit.
23. Drainage swales shall be provided adjacent to all curbs and sidewalks-T wide and 6" deep-to
keep nuisance water from entering the public streets,roadways, or gutters.
24. In accordance with City of Palm Springs Municipal Code, Section 8.50.00,the developer shall
post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation
measures of erosion/blowsand relating to his property and development.
25. The area in which this project is situated is indicative of desert soil conditions found in many
areas of Pahn Springs. The Engineering Division does not require a soils report. The does not
mean that subterranean conditions unknown at this time may not affect construction done on this
site.
26. Contact Building Department to get PM10 requirements prior to request for grading permit.
DRAINAGE
27. The developer shall accept all flows impinging upon his land and conduct these flows to an
approved drainage structure. On-site retention/detention or other measures approved by the City
Engineer shall be required if off-site facilities are determined to be rmable to handle the
increased flows generated by the development of the site. Provide calculations to determine if
the developed Q exceeds the capacity of the approved drainage carriers.
28. The project is subject to flood control and drainage implementation fees. The acreage drainage
fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior
to issuance of a building permit.
ON-SITE
29. The minimum pavement section for all on-site parking areas shall be 2-1/2 inch asphalt concrete
pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative
compaction, OR equal. The pavement section shall be designed, using "R" values, determined
by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for
approval.
30. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning
Ordinance, Section 9306.00.
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31. Any utility cuts in the existing off-site pavement made by this development shall receive trench
replacement pavement to match existing pavement plus one additional inch. See City of Palm
Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface.
32. All existing and proposed utility lines that are under 35 kV on/or adjacent to this project shall be
undergrounded, except as provided herein. The location and size of the existing overhead
facilities shall be provided to the Engineering Division along with written confirmation from the
involved utility company(s) that the required deposit to underground the facility(s) has been
paid,prior to issuance of a grading permit.
All undergrounding of utilities shall be completed prior to issuance of a Certificate of
Occupancy,unless the City Council has initiated an amendment of the Ordinance which would
relieve the property of this requirement or unless the requirement has been deferred through a
covenant agreement.
If any modifications occur to the City's Utility Undergrounding Ordinance occur prior to the
issuance of a Certificate of Occupancy for this project, then the provisions in the modified
Ordinance shall be applicable to this project.
33. All ptoposed
of a eertific�of Occupancy.
34. All existing utilities shall be shown on the grading/street plans. The existing and proposed
service laterals shall be shown from the main line to the property line. The approved original
grading/street plans shall be as-built and returned to the City of Palm Springs Engineering
Division prior to issuance of the certificate of occupancy.
35. The developer is advised to contact all utility purveyors for detailed requirements for this proj ect
at the earliest possible date.
36. Nothing shall be constructed or planted in the comer cut-off area of any driveway which does or
will exceed the height required to maintain an appropriate sight distance per City of Palm
Springs Standard Drawing No. 203.
37. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk
and/or curb shall have City approved deep root barriers installed per City of Palm Springs
Engineering specifications.
38. hi accordance with Planning Commission Resolution No. 1503,dated November 18, 1970,the
developer is required to plant palm trees in 4-foot by 4-foot square planter areas (14 feet from
ground to fronds in height) 60 feet apart along the entire frontage of Tahquutz Canyon Way.
TRAFFIC
39. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street
furniture, fire hydrants and other above-ground facilities for handicap accessibility. The
developer shall provide same through dedication of additional right-of-way and widening of the
sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles,
conduit,pull boxes and all appurtenances located on the TAHQUITZ CANYON WAY EAST,
SUNRISE WAY SOUTH and ARENAS ROAD EAST fiontages of the subject property.
40. The developer shall be responsible for the relocation and modification of the existing traffic
signal poles,conduit,pull boxes and all appurtenances located on the SOUTHWEST corner of
TAHQUITZ CANYON WAY EAST, SUNRISE WAY SOUTH in accordance with the
requirements of the City of Palm Springs.
41. A 30 inch"STOP"sign and standard"STOP BAR"and"STOP LEGEND"shall be installed per
City of Pahn Springs Standard Drawing Nos. 620-626 at the following locations:
SE Cor. Tahquitz Canyon Way East @ Driveway
SW Cor. Sunrise Way South @ Driveway
NW Cor. Arenas Road East @ Driveway
42. Construction signing,lighting and barricading shall be provided for on all projects as required by
City Standards or as directed by the City Engineer. As a minimum, all constriction signing,
lighting and barricading shall be in accordance with State of California, Department of
Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND
MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time
of construction.
43. This property is subject to the Transportation Uniform Mitigation Fee based on the
RETAIL/SERVICE ITE Code A land use and.shall be paid upon issuance of building permits
for both phases of the proposed project.
44. The following Engineering Conditions are required per the Traffic Study for the project:
- The developer shall pay his fair share contribution of$1,174.21 to the City Engineer for the
upgrade of the Tahquitz Canyon Way East @ Sunrise Way South intersection(right turn overlap
phase for westbound traffic on Tahquitz Canyon Way East prior to issuance of building permits.
($25,000 x .047=$1,175.00)
- The developer shall pay his fair share contribution of$3,525.00 to the City Engineer for the
additional northbound and nouthbound left turn lanes and northbound and southbound thru lanes
on Sunrise Way from Tahquitz Canyon Way East to the south approximately 300 feet.
PLANNING:
45. The proposed development of the premises shall conform to all applicable regulations of the
Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and
resolutions which supplement the zoning district regulations.
46. The owner shall defend, indemnify, and hold harmless the City of Pahn Springs, its agents,
officers,and employees from any claim,action,or proceeding against the City of Palm Springs
or its agents, officers or employees to attach, set aside,void or annul, an approval of the City of
Palm Springs,its legislative body,advisory agencies,or administrative officers concerning Case
5.0816-PD-256. The City of Palm Springs will promptly notify the applicant of any such claim,
action, or proceeding against the City of Palm Springs and the applicant will either undertake
defense of the matter and pay the City's associated legal costs or will advance funds to pay for
defense of the matter by the City Attorney. If the City of Pahn Springs fails to promptly notify
the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense,
the applicant shall not,thereafter,be responsible to defend,indemnify,or hold harmless the City
of Palm Sprigs. Notwithstanding the foregoing,the City retains the right to settle or abandon
the matter without the applicant's consent but should it do so, the City shall waive further
indemnification hereunder,except,the City's decision to settle or abandon a matter following an
adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights
herein.
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47. Pursuant to Fish and Game Code Section 711.4 a filing fee of $78.00 is required. This project
has a de mnrimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be
completed by the City and two copies filed with the County Clerk. This application shall not be
filial until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of
a money order or cashier's check payable to Riverside County.
48. The mitigation measures of the environmental assessment shall apply. The applicant shall
submit a signed agreement that the mitigation measures outlined as part of the negative
declaration or ElR will be included in the plans prior to Planning Commission consideration of
the environmental assessment.
49. The appeal period for this application is 15 calendar days from the date of project approval.
Permits will not be issued until the appeal period has concluded.
50. The final development plans shall be submitted in accordance with Section 9403.00 of the
Zoning Ordinance. Final development plans shall include site plans,building elevations,floor
plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign
program, mitigation monitoring program, site cross sections, property development standards
and other such documents as required by the Planning Commission. Final development plans
shall be submitted within two(2)years of the City Council approval of the preliminary planned
development district.
51. Final landscaping,irrigation,exterior lighting,and fencing plans shall be submitted for approval
by the Department of Planning and Building prior to issuance of a building permit. Landscape
plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to
submittal.
52. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The
applicant shall submit an application for Final Landscape Docrunent Package to the Director of
Planning and Building for review and approval prior to the issuance of a building permit. Refer
to Chapter 8.60 of the Municipal Code for specific requirements.
53. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be
submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code
for specific requirements.
54. The grading plan shall show the disposition of all cut and fill materials. Limits of site
disturbance shall be shown and all disturbed areas shall be fully restored or landscaped.
55. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep.
The irrigation system shall be field tested prior to final approval of the project. Section
14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets,
roadways or gutters.
56. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk
and/or curb shall have City approved deep root barriers installed per City of Palm Springs
Engineering specifications.
57. In accordance with Planing Commission Resolution No. 1503, dated November 18, 1970,the
developer is required to plant palm trees(14 feet from ground to fronds in height) 60 feet apart
along the entire frontage of Tahquitz Canyon Way
58. The applicant prior to issuance of building permits shall submit a draft declaration of covenants,
conditions and restrictions("CC&R's")to the Director of Planning and Building for approval in
a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy
permits. The CC&R's shall be enforceable by the City, shall not be amended without City
approval, shall require maintenance of all property in a good condition and in accordance with
all ordinances.
The applicant shall submit to the City of Palm Springs,a deposit in the amount of$2,000.00 for
the review of the CC&R's by the City Attorney.
59. Separate architectural approval and permits shall be required for all signs. A detailed sign
program shall be submitted for review and approval by the Planning Commission prior to
issuance of building permits.
60. All materials on the flat portions of the roof shall be earth tone in color.
61. All roof mounted mechanical equipment shall be screened from all possible vantage points both
existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be
considered as an element of the overall design and must blend with the architectural design of
the buildnng(s). The exterior elevations and roof plans of the buildings shall indicate any
fixtures or equipment to be located on the roof of the building,the equipment heights, and type
of screening. Parapets shall be at least 6" above the equipment for the purpose of screening.
62. No exterior downspouts shall be permitted on any facade on the proposed building(s)which are
visible from adjacent streets or residential and commercial areas.
63. Perimeter walls shall be designed, installed and maintained in compliance with the comer
cutback requirements as required in Section 9302.00.D.
64. The design, height, texture and color of building(s), fences and walls shall be submitted for
review and approval prior to issuance of building permits.
65. The street address numbering/lettering shall not exceed eight inches in height.
66. An exterior lighting plan in accordance with the lighting ordinance in effect at the time shall be
submitted for review and approval by the Director of Planning&Building prior to the issuance
of building permits.A photometric study and manufacturer's cut sheets of all exterior lighting on
the building, in the landscaping, and in the parking lot shall be submitted for approval prior to
issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights
shall be utilized.
67. Illumination levels in the parking area shall be an average of one-foot candle with a ratio of
average light to minimum light of four to one(4:1).
68. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from
curb face.
69. Submit plans meeting City standard for approval on the proposed trash and recyclable materials
enclosure prior to issuance of a building permit.
70. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public
art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-
lieu fee,the fee shall be based upon the total building permit valuation as calculated pursuant to
the valuation table in the Uniform Building Code,the feeing being 1/2%for commercial proj ects
or 1/4% for residential projects with first $100,000 of total building permit valuation for
individual single-family units exempt. Should the public art be located on the project site,said
location shall be reviewed and approved by the Director of Planning and Building and the Public
Arts Commission, and the property owner shall enter into a recorded agreement to maintain the
art work and protect the public rights of access and viewing.
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71. No outside storage of any kind shall be permitted except as approved as a part of the proposed
plan.
72. Prior to the issuance of building permits,locations of all telephone and electrical boxes must be
indicated on the building plans and must be completely screened and located in the interior of
the building. Electrical transformers must be located toward the interior of the project
maintaining a sufficient distance from the frontage(s)ofthe project. Said transformer(s)must be
adequately and decoratively screened.
73. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning
Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of
building permits.
74. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided
every 10 parking spaces. Additional islands may be necessary to comply with shading
requirements in Section 9306.00 of the Zoning Ordinance.
75. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U"
design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide
wheel stops.
75b. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15
feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5
foot walkway at the right side of the parking space; two (2) handicap spaces can share a
common walkway. One in every eight(8)handicap accessible spaces,but not less than one(1),
shall be served by an 8 foot walkway on the right side and shall be designated as 'ban
accessible".
76. Concrete walks with a minimum width of two(2)feet shall be installed adjacent to end parking
spaces or end spaces shall be increased to eleven(11)feet wide.
77. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in
diameter/width.
78. Handicapped accessibility shall be indicated on the site plan to include the location of
handicapped parking spaces,the main entrance to the proposed structure and the path of travel
to the main entrance. Consideration shall be given to potential difficulties with the handicapped
accessibility to the building due to the future grading plans for the property.
79. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10.
80. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or
other structures. Areas that are not part of the maneuvering area shall have curbs placed at a
minimum of two (2)feet from the face of walls, fences or buildings adjoining driveways.
81. As the property is Indian trust land, fees as required by the Agua Caliente Band of Cahuilla
Indians Tribal Council shall be paid prior to consideration of this project by the Planting
Commission.
82. Minimum landscape and parking setbacks for the Planned Development District are established
as follows:
Tahquitz Canyon Way-25 feet from existing right-of-way line.
Sunrise Way-25 feet from ultimate right-of-way line.
Arenas Road- 10 feet from ultimate right-of way line.
West property line- 10 feet.
82b. Minimum building setbacks for the project are established as follows (as measured from
property line):
Tahquitz Canyon Way- 35 feet.
Sunrise Way- 35 feet.
Arenas Road -25 feet.
West property line-20 feet.
83. Landscaping shall be installed along all street frontages in conjunction with Phase One
development. At a minimum,landscaping shall be installed along all street frontages at a depth
in accordance with the minimum landscape setback requirements listed in condition no. 82
above.
84. Should a parcel map for the subdivision of the approved pad sites be proposed in the future,the
C,C & R's for the project shall be modified to include provisions for reciprocal access and
parking to the satisfaction of the City Attorney and the Director of Plamung and Building and
shall be entered into by all applicable property owners prior to the approval of a Final map.
85. The developer shall incorporate design elements recommended pursuant to the Draft Section 14
Master Development Plan/Specific Plan into the final development plans for the project, as
follows:
— Pedestrian amenities with uniform street furniture along the Tahquitz Canyon Way
frontage;
— Tall native palm species along the Tahquitz Canyon Way and Sunrise Way frontages;
— Shade trees in a formal pattern along Tahquitz Canyon Way;
— Curvilinear concrete sidewalk with color agents along the street frontage of Tahquitz
Canyon Way and Sunrise Way. The color of the sidewalk shall be reviewed by the
Tribal Planning Commission prior to the issuance of building permits for Phase One;
— A Type 2 Gateway into Section 14 at the Tahquitz Canyon Way/Sunrise Way
intersection,which includes textured paving,gateway signage the ability to incorporate
an Indian Culture Art walls along the Tahquitz Carryon Way frontage; and
— Native Washingtonia Filifera palms and a combination of screen walls and evergreen
shrub massing behind the property line along the Sunrise Way frontage.
86. Design guidelines for the future development of the building pads on the master plarmed portion
of the site shall be provided to assure that an integrated architectural scheme will be provided in
the future. The design guidelines shall include provisions including,but not limited to,exterior
building materials and forms,street furniture,trellises and special paving,and shall be reviewed
in conjunction with the Final Development Plans for Phase One of the project.
87. All parking areas and drive-through lanes shall be adequately screened pursuant to Section
9306.00 of the Zoning Ordinance. As such, four foot high walls and/or berms are required.
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Should berming be used adjacent to retention basins for on-site drainage,the berming shall fit
aesthetically and shall not include extreme slopes for either the berms or the retention basins. If
walls are utilized,the design,height,texture and color of the walls shall be submitted for review
and approval by the Director of Planning and Building prior to issuance of building pen-nits.
88. The design of the on-site retention basins shall be as unobtrusive as possible and shall
incorporate more of a natural,free-flowing shape. Retention basins shall not be permitted along
Tahquitz Canyon Way or Sunrise Way. Retention basins, landscape beaming and masonry
screening walls(if proposed)shall be shown on the grading plan in order to ensure all proposed
elements fit aesthetically in the proposed locations and that the appropriate spacial relationships
are maintained. The shape of the retention basins shall be reviewed and approved by the
Planning Commission as part of the fmal Planned Development plans.
89. The screen wall north of the loading/delivery area should be extended westward to full screen all
loading activities from the vehicular entrance on Tahquitz Canyon Way,to the satisfaction of the
Director of Planning and Building.
90. A heavy landscape screen should be provided along the west property line,to screen parking and
loading activities along the west side of the building, to the satisfaction of the Director of
Planning and Building.
91. Additional vertical landscaping and shrub massing should be provided against the building,to
the satisfaction of the Director of Planning and Building.
92. As the site contemplates a phased, mixed use development, no more than 25% of the total
square footage of the project site shall include restaurant uses. Should more than 25% of the
building square footage be proposed for restaurant use,a modification to this application will be
required to be reviewed and approved by the Planning Commission.
93. Future building pads shall be treated with a dust inhibiting agent, hydroseeded and have an
automatic irrigation system installed in conjunction with the development of Phase I, to the
satisfaction of the Director of Planning and Building.
94. Each individual phase of development will be required to be processed as an Architectural
Approval application or Conditional Use Permit, as deemed applicable by the Director of
Planning and Building.
95. The project shall be designed and operated as to comply with Section 9213.04 and 9206.04 of
the Zoning Ordinance, which relates to Performance Standards for the C-1-AA and R-4-VP
Zones, respectively.
96. A bus shelter shall be constructed along the Sunrise Way frontage in conjunction with the bus
bay turnout on Sunrise Way. The design of the bus shelter shall be integrated architecturally
with the architecture of the building,to the satisfaction of the Director of Planning and Building.
Contact SunLine Transit for details regarding bus stop furniture/shelter requirements.
97. The mass and scale of the main building entry element shall be reduced to a more pedestrian
scale and in closer context with the mass and scale of the majority of the building. Revised
building elevations indicating the proposed modifications to the entry element shall be reviewed
in conjunction with the Final Development Plans by the Planning Commission, prior to the
issuance of any grading or building permits for Phase One of the project.
98. The vehicular access entrance on Tahquitz Canyon Way shall be moved easterly as to more
effectively screen the loading/unloading area from public view. A revised site plan indicating
this requirement shall be reviewed in conjunction with the Final Development Plans by the
Planting Commission,prior to the issuance of any grading or building permits for Phase One of
the project.
99. The Phase One entry off Sunrise Way shall include upgraded landscaping, trellises or other
amenities to create a visual termination for vehicles entering the site. A revised site plan
indicating this requirement shall be reviewed in conjunction with the Final Development Plans
by the Planning Commission,prior to the issuance of any grading or building permits for Phase
One of the project.
100. Monument signs must be on the right side of the outbound driveways -this also applies to the
drive-thru exit-for sight distance allowances.
101. The Section 14 Entry Statement (sculpture and special sidewalk paving) shall be moved a
minimum of 5 feet to the west to allow for street widening on Sunrise Way South.
102. Future vehicular access to the vacant property to the west shall be provided from the project site,
to the satisfaction of the Director of Planning and Building and the City Engineer.
POLICE DEPARTMENT:
103. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code.
WASTE DISPOSAL SERVICES:
104. The location of the trash enclosure is acceptable subject to approved construction details
approved by the Director of Building and Safety consistent with approved City details.
BUILDING DEPARTMENT:
105. Prior to any construction on-site, all appropriate permits must be sectored.
FIRE DEPARTMENT:
106. Construction shall be in accordance with the 1998 California Fire Code, 1998 California
Building Code, 1993 National Electrical Code, City of Palm Springs Ordinance 1523, Desert
Water Agency requirements,NFPA Standards 13,24,26, 71, 72, 72E, and 72G.
107. Exterior doors and openings shall be in accordance with the 1998 Fire Code,and 1998 Building
Code, Chapters 10 and 35. Contact building official.
108. Fire department access roads shall be provided in accordance with the 1998 California Fie Code
and 1998 California Building Code,Article 9, Sec. 902. Contact building official.
109. Marking of Fire Apparatus Roads, Addresses and Fire-Protection Equipment shall be in
accordance with the 1998 California Fire Code,Article 9, Sec. 901.4.
110. Fire Department Access Roads shall be all weather driving and support a minimum weight of
46,700 lbs. per local ordinance.
111. Construction site fencing required per City of Palm Springs Ordinance 1523. Fie department
access gates are required to be at least 14'in width and equipped with a KNOX lock. Contact
the Fire Department for KNOX application forms.
112. A construction site guard is required for combustible construction. The guard shall remain intact
until buildings are stuccoed or covered and secured with locable doors and windows. The guard
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must be on duty at the construction site during all normal non-working hours or as the Fire
Marshall deems necessary.
113. Water supplies and fire hydrants shall be in accordance with 1998 California Fire Code,Article
9, Sec. 903, and Desert Water Agency specifications.
114. An automatic fire extinguishing system equipped with 24 hour monitoring required in
accordnce with 1998 California Fire Code Article 10, Sec. 1003, 1998 California Building
Code, Chapters 3,4, 5, 9, 10, and Palm Springs ordinance 1523.
115. Standpipes shall be installed in accordance with 1998 Uniform Fire Code,Article 10,Sec. 1004
and 1998 California Building Code Chapter 9 and Standard 9-2.
116. Fire alarm systems required. hnstallation shall be in accordance wtih the 1998 California Fine
Code, Article 10, Sec. 1007 and NFPA 71 & 72.
117. Exits, emergency escapes, exit illumination and signage shall be in accordnce with 1998
California Building Code. Contact building official.
118. Exit gates,barriers, stairways and ramps shall be in accordance with 1998 California Building
Code. Contact building official.
119. Occupancy classifications shall be in accordance with 1998 California Building Code, Chapter
3. Contact building official for determination.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA
AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE
FROM C-1-AA (LARGE SCALE RETAIL COMMERCIAL ZONE) AND R-4-VP
(VEHICLE PARKING,LARGE SCALE HOTEL AND MULTIPLE FAMILY AND
LIMITED COMMERCIAL RETAIL ZONE) TO PLANNED DEVELOPMENT
DISTRICT 256 AT THE SOUTHWEST CORNER OF TAHQUITZ CANYON
WAY AND SUNRISE WAY, SECTION 14.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Pursuant to Section 9407.0013-6 of the Palm Springs Zoning Ordinance, the official
zoning map of the City of Palm Springs referred to herein, is hereby amended as follows:
Change of Zone from C-1-AA and R-4-VP to Planned Development District No. 256.
The parcel of property legally shown on Exhibit A is approved for a change of zone from C-1-AA and
R-4-VP, specifically the 4.02 acre project site for a Planned Development District for a two-phased,
master planned commercial/retail complex with phase one development consisting of a 15,112 square
foot Walgreens Drug Store with drive-through pharmacy facilities and phase two consisting of two
future office/retail buildings totaling 11,400 square feet.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days
after passage.
SECTION 3. PUBLICATION. The City Clerk is hereby ordered to and directed to certify to the
passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly
prepared according to law, to be published in accordance with law.
ADOPTED this day of 2000.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
BY:
City Clerk City Manager
REVIEWED &APPROVED AS TO FORM
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