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Home My WebLink About1/5/2000 - STAFF REPORTS (16) Y IL 4 DATE: January 5, 2000 OLD, 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,MASTERPLANNED 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, CA- 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 oftwo 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,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 Planned 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 M driveway. A driveway on Arenas Road is similarly located near the western edge of the pf a. property to maintain distance from the Arenas Road/Sunrise Way intersection. When fully 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 aresidential 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 Commercial 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, construction 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/Commercial 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 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. 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 Zoningg Ordinance requirements for mixed use development; 60 parking spaces are required and 8$ provided. Phase II 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(Condition No. 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 1 ,43 along the Sunrise Wayfrontage. An eight-foot wide curb adjacent sidewalk currenfl exists g g J Y 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 streetscape 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 environmental 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 Canyon Way/Sunrise Way intersection and the Sunrise WayBaristo 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. 4 IS PLANNING COMMISSION ACTION: /00 On November 24, 1999 and December 22, 1999, the Planning Commission held public hearings regarding this project. At the December 22"d public hearing, the Planning Commission,by a 5-2 vote(Mills and Raya dissented)recommended approval of this project 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 underground. 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 Planning 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(3urasky 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. D UGL R. EVANS, Director Planning and Building City Manager P 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 0 0 VICINITY MAP ALrJO ROAD W _W-1 Al7AD0 ROAD N.T.S. ANDRjffAS ROAD u rAnourrz CANYON WAY P;�o�ECr LOCATION z 0AP15r0 ROAD _ RAMON ROAD J rAnOUIrZ CANYON WAY I � PPOJffCr 5/re w z ARENAS ROAD 1 /7P CITY OF PALM SPRINGS CASE NO. n.08/6 -pD2!�6 DESCRIPTION PPOPOEO Dfv L PM ENr APPLICANT DlSrPIGrWrr"P 1A5E/GON5l5rlNG OF A I�,112 I7GPADDEN ff rICINT05n 50,r-r WALGPEEN5 DRUG SrOPEWrrYI ARCn(TfCrS OPNE-7I1POU611 PI'AI.'MAGY ON 4,02 AGPES LOGArED AT rl1E 5W COPNEP OF 7-N1OUrrZ CANYON WAY ff SU1VP15EWAY,C-I-M ff P-4VP ZONES,SEGrION 14, m I40 CD 3" / :I I 9 0 E N _ I i g to12 ER � I / -`I- - s��\ 7p1EI 4IYE CANYON WAY — Ed Wd©0:00 666i BZ •3QQ bT099b009L : 'ON XHd HSOlNI°W/N9QQHdcW WObd I �JA CAL/eh� November 24, 1999 D O U"�P Steve Hayes, Principal Planner Department of Planning and Building City of Palm Springs PLANNING DIVISION M, HUNDRED P.O. Box 2743 Palm Springs, CA. 92263 EAST T*QUITZ UNYOM WAY Re: Case No. 5.0816/Planned Development#256 Dear Mr. Hayes: MGM SPRINGS The Indian Planning Commission for the Agua Caliente Band of Cahuilla Indians met on November 22, 1999 and reviewed the above CAIMPNIA case. 99969 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) K5 3400 approve the color of the concrete sidewalk. If you have any questions please feel free to call me at extension 207. Fnx (760) 325-0593 If you have any questions please contact the undersigned. Sin rel , Michael J. Atencio Assistant Planner AGUA CALIENTE BAND OF CAHUILLA INDIANS MJA/cm �� CITY OF PALM SPRINGS 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) 0 0 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 mNo 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? ❑Yes ■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 ■No 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). 0Yes ■No 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-1-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 , 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 airs, 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 mYes ❑No ❑N/A Applicable Specific Plan ❑Yes ❑No ■N/A City of Palm Springs Zoning Ordinance ■Yes ❑No ❑N/A South Coast Air Quality Management Plan sYes ❑No ❑N/A Airport Part 150 Noise Study mYes oNo ❑N/A Draft Section 14 Master Development Plan EYes ❑No ❑N/A X. Are there any of the following studies required? 1. Soils Report mYes ❑No 2. Slope Study oyes ■No 3. Geotechnical Report ❑ales ■No 4. Traffic Study ■Yes ❑No 5. Air Quality Study []Yes ■No 6. Hydrology ■Yes oNo 7. Sewer Study oYes ■No 8. Biological Study ❑Yes ENo 9. Noise Study oYes ■No 10. Hazardous Materials Study oYes ■No it. Housing Analysis ❑Yes ■No / 12. Archaeological Report ❑Yes ■No AVY 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 Study for 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 fool drug store with drive-through pharmacy facilities is currently on a site designated C-1-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 Land Use Map. The General Plan Land Use Map also indicates a Neighborhood Commercial designation to be utilized at the Tahquitz Canyon Way/Sunrise Way intersection. The objective of the 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 a preferred location for Resort Commercial Uses in the General Plan. Although the proposed use,due to the proposed drive-through, would be individually Conditionally Permitted in the C-1-AA and R-4-VP zones per the City's Zoning Ordinance, the application 0 0 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 Cahuilla 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? ❑ ❑ ❑ ■ b) Induce substantial growth in an 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? ❑ ❑ ❑ ■ 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-I-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 a major 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? ❑ ❑ ❑ ■ Potentially /�/� Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact b) Seismic ground shaking? ❑ ❑ ❑ ■ c) Seismic ground failure,including liquefaction? ❑ ❑ ❑ ■ d) Seiche,tsunami,or volcanic hazard? ❑ ❑ ❑ ■ e) Landslides or mudflows? ❑ ❑ ❑ ■ t) Erosion, changes in topography or unstable soil conditions from excavation, grading and fill? ❑ ❑ ❑ ■ g) Subsidence of the land? ❑ ❑ ❑ ■ h) Expansive soils? ❑ ❑ ❑ ■ 1) Unique geologic or physical features? ❑ ❑ ❑ ■ 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 ofthe 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 sods 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? ❑ ❑ ■ ❑ 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 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? ❑ ❑ ❑ g) Altered direction or rate of flow of groundwater? ❑ ❑ ❑ h) Impacts to groundwater quality? ❑ ❑ ❑ 0 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? ❑Yes NNo 4a). LESS THAN SIGNIFICANT IMPACT.The subject site for which the drug store 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 an 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 roadway~ and properties. Therefore,with compliance with usual City drainage requirements,impacts resulting from changes in surfucc runoff will he less than significant. 4.b)throughj). NOIMPACT. Based upon a review of the Federal Emergency Management Agency,Preliminary Flood Insurance 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 change 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? ❑ ■ ❑ ❑ 0/7 Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated 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 and 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, duo 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 and grading activities,short term impacts to air qualify could occur.The project will thus need to comply with the City's Fugitive Dust and Erosion Control Ordinance.Therefore,short term impacts(PM 10 related) will be mitigated to a level of insignificance. 5.b)-cf. 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 receptor and the current climate. Mitigation Measure: 1. The applicant shall be required to submit a Fugitive Dust Mitigation Plan,prepared in accordance with Chapter 8.50 of the 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. TRANSPORTATION/CIRCULATION Would the proposal result in: a) Estimated Average Daily Trips generated by the project? (S.F = 10; M.F. = 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 Incorporated Impact e) Insufficient parking capacity on-site or off- site? ❑ ❑ ❑ ■ f) Hazards or barriers 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 it 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 ofTahquitz Canyon Way/Sunrise Way and Baristo 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 immediate 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 day,and the peak daily traffic volume at the intersection of Sunrise Way and Baristo Road is approximately 20,500 vehicles per day. Peak hourtraffic 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 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. 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 the proposed project. 6. c)-h) NO IMPACT. The site plan for the project has been designed with the primary vehicular access on Sunrise Way lining up with the across the street driveway for the Jensen's Shopping Center. The Tahquitz Canyon Way driveway has been located near the le�l q Potentially ' 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 sn cet 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 Im large emergency vehicles has also been taken into consideration with the proposed development Access to nearby uses, hazards foi pedestrians and/or bicyclists will not result form 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 ofthe Sun Line bus transit system. The pi oject 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 far the drug store,which exceeds the on-site parking provisions for the use,per Section 9306.00 of the Zoning Ordinance. Given the proposed and 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.)? ❑ ❑ ❑ ■ d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ❑ ❑ ❑ ■ e) Wildlife dispersal or migration corridors? ❑ ❑ ❑ ■ 1) Is consultation will the California Fish and Game or the Department of Fish and Wildlife Service,as a trustee agency,required? EYES KNO T a)-e) NO IMPACT. The site is presently vacant with native vegetation scattered randomly across the properly. The same natural condition exists on the vacant properties north and west of the site in question. No wetland habitats or migration corridors exisl un the property. Based on a site inspection by the Department of Planning and Building,the site is devoid of any sensitive,rare or endangered species of plants or potential habitat for endangered,threatened or rare animal species or their habitats.The site is located in an w'ban ized area of the City.Therefore, no potentially significant impacts are expected to occur on plant and animal life as a result of this protect. 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? ❑ ❑ ❑ b) Use non-renewable resources in a wasteful and inefficient manner? ❑ ❑ ❑ c) Result in the loss of availability of aknown mineral resource that would be of a future value to the region and the residents of the State? ❑ ❑ ❑ 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 ancillay 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 and 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? ❑ ❑ ❑ IN d) Create exposure of people to existing sources of potential health hazards? ❑ ❑ ❑ ■ e) Increase the risk of fire hazard in areas with flammable brush, grass or trees? ❑ ❑ ❑ IN 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 allo 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. J#4/ 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 ❑NO 10.a)and b). NO IMPACT. The proposed commercial/retail center,with Phase One development of a drug store with 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 ofPalm 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? ❑ ❑ ❑ c) Other governmental services? ❑ ❑ ❑ 11. a)-e) NO IMPACT. The proposed project is within the City's five minute response time for lire service and within a mile ol'thc main Police station. The Palm Springs Fire Department will require that the site be equipped with appropriate fire control measui es. 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 in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? ❑ ❑ ❑ e b) Communications systems? ❑ ❑ ❑ c) Local or regional water treatment or distribution facilities? ❑ ❑ ❑ d) Sewer or septic tanks? ❑ ❑ ❑ e) Storm water drainage? ❑ ❑ ❑ f) Solid waste disposal? ❑ ❑ ❑ g) Local or regional water supplies? ❑ ❑ ❑ 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 and 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 effect? ❑ ❑ ❑ 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 regarding 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 lighting 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 f'ounal pattern along l ahquitz 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 Potentially /44 Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated 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? ❑ ❑ ❑ ■ b) Disturb archaeological resources? ❑ ❑ ❑ ■ c) Affect historical resources? ❑ ❑ ❑ ■ d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ❑ ❑ ❑ ■ e) Restrict existing religious or sacred uses within the potential impact area? ❑ O ❑ ■ 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? ❑ ❑ ❑ ■ 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 0 s Potentially Significant - Potentially Unless Less Than No Significant Miagation Significant Impact Impact Incorporated Impact expected to become controversial upon disclosure to the public? ❑ ❑ ❑ 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 in spirit 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. 17, 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 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.) ❑ ❑ ❑ ■ i 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. 'I'herelore. there should be no potential for a significant impact with the proposed mitigation measures as a result of this project. Potentially /44x,( 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 Douglas R vans Date Director of Planning & Building AFFIDAVIT OF MAILING NOTICES CORRECTED HEARING NOTICE I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Corrected Notice of Public hearing before the City Council of the City of Palm Springs, in conjunction with Case No. 5.0816 (PD 256), McFadden and McIntosh Architects representing Walgreens was mailed to each and every person set forth on the attached list on the 16th day of December, 1999. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated dddaat Palm Springs,,California, this 16th day of December, 1999. PATRICIA SANDERS City Clerk CORRECTED HEARING NOTICE CITY COUNCIL CITY OF PALM SPRINGS Case No. 5.0816 (PD 256) McFadden and McIntosh Architects representing Walgreens NOTICE IS HEREBY GIVEN that the City Council of the City of Pahn Springs, California, will hold a public hearing at its meeting of January 5, 2000. The City Council meeting begins at 7:00 p.m.in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider a proposed Preliminary 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 11,400 square feet, located at the southwest corner of Tahquitz Canyon Way and Sunrise Way, C-1- AA and R-4-VP Zones, Section 14. An Environmental Assessment/Initial Study has been prepared and will be reviewed by the City Council at the meeting. Potential impacts fi-on the project include traffic and circulation, hydrology, and air quality with respect to short-term construction activity. A draft Mitigated Negative Declaration of Environmental Impact has been prepared for the subject proposal. Members of the public may view this document in the Department of Planning and Building, City Hall, 3200 East Tahquitz Canyon Way, Pahn Springs, and submit written comments to the City Council at, or prior to, the City Council hearing. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Steve Hayes, Department of Planning &Building, 760/323- 8245. PATRICIA A. SANDERS City Clerk Publish: December 19,1999 VICINln I'IAP �iLEJO ,POlD u� wlitiADO ,POAD Q N.T.S. IINDPE/15 POAD v T/i170U/TZ CAWON WAY PpoJecr OAP15T0 POAD j e rAtlON rollD J � rIYIOUITZ CANYON WADY P,pDJEcT- z N APENA5 ,POAD I �— /71p CITY OF PALM SPRINGS CASE NO. 5.0816 - PD256 DESCRIPTION PLANNED pEVCZ-oPrNENr APPLICANT DlSrRIGrWlrll PIlA5E l GONSlSrING OP A 15,112 h1CI-ADDEN 8 /1UNT05/1 50.Pr WAZ-6PEENS DPUG 5rOPEWrrll APGl1ITEG7-S (1-0RW&I 5PEEN5) DRNE-rIlPOU5rl PIlA,4 lMACY ON 402 i1G,PE5 LOC TO IT rliE 5W GOPNEP OF T lWOLV-Z CANYON WAY d 5UNW15E WAY,G-I-AA Y 9-4VP ZONES,SECTION 14 502-065-005 502-065-018 502-065-019 Palm Springs Oil Co Inc John Wessman Hosea E a Barbara Brown 3411-� E Foothill Blvd PO Box 4349 940 N Avenida Olivos Pasadena CA 91107 Anaheim CA 92803 Palm Springs CA 92262 502-161-002 502--161--003 502-161-004 Angelo J Aguanno B D Grant Evelyn Sunrise Shopping CenLLer- 37,15 E Bogert Ti l 1495 Stone Canyon Rd 215 W 5t St 910 Palrn Springs CA 92264 Los Ancleles CA 90077 Los Angeles CA 90013 502--163--005 502-163-014 L771��jj-,C- 2--1 Cert-rude Lefton Msls-Hapleridge Inc n B J777 F_ Arenas Rd 10400 Fernivood Rd RdPalm Springs CA 92262 Bethesda HD 20817 m SSprings A 92264 $o,y-Ilr3- Ors 502--163-019 502-164-006 502-164-0QCCln Dixon L a Edna Gayer Sun Bar Sun Bar 16682 Lovell Ln 771 S Williams 771 5 Williams Rd Huntington Beach CA 92647 Palm Spri ngn CA 92264 _ Palm Springs CA 92264 ,n`508-070 -026 508-070-030 /508-070-037 Marriott International Inc. Highland Service Corp `' American Stores Prop Inc 1 Marriott Dr PO Box 2727 PO Box 27447 Washington DC 20058 San Bernardino CA 92406 Salt Lalte City LIT 84127 v�508--100-OOG' 003 fC'`mo 508--100-007 Raymond S Ina belle Baddour Raymond S .,r - 'belte Baddour � Samuel D Wacl'rt S3� 4U 3tevelis Rd 333 W Stevens Rd 5775 rienridge Dr HE A240 Palm SPiingn CA .12b2 Palm Springs CI 92262 Atlanta CA 30328 508 low rrq',r y,ig _ it 508-100-032 Raymond S F< Ile Baddour Raymond S & Ina °°°°��a Baddour l*7 Royale Sunrise rj 333 W Stesena Rd 333 ins Stevens Rd 5150 Overland Ave EEC Palm Springy GA 92262 Palm Scr in,=1s CA S2-IF 2 Culver' City CA 90230 Palm Springs ❑nif. Schl.Dist V 508-100 038 �Ogu'jo6-os^I'4o�7�� 508-1U0-U40 _ .-. Usa log. 010-o35 Aqua Caliente--Band Of Cahuilla 960 E. Tahquitz Canyon Way 100 N Cndian Canyon Dr 100 N I-ri�an canyon Or 002 Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs, CA 92262 James McIntosh / AM- 2�Printed x;tia; McFadden/McIntosh Architects ✓ John Wessman 2 —� _ 73-929 Larrea,#lA Wessman Development 1 Desert, CA Palm Dese 92260 1555 So. Palm Canyon Dr. a-r-A /yd _ Palm Springs, CA 92264 AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Pahn Springs, in conjunction with Case No. 5.0816 (PD 256), McFadden and McIntosh Architects representing Walgreens was mailed to each and every person set forth on the attached list on the 16th day of December, 1999. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 16th day of December, 1999. PATRICIA SANDERS City Clerk CITY COUNCIL CITY OF PALM SPRINGS Case No. 5.0816 (PD 256) McFadden and McIntosh Architects representing Walgreens NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of January 5, 2000. The Planning Commmission meeting begins at 7:00 p.m.in the Council Chambers at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider a proposed Preliminary 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 11,400 square feet, located at the southwest corner of Tahquitz Canyon Way and Sunrise Way, C-1- AA and R-4-VP Zones, Section 14. An Environmental Assessment/Initial Study has been prepared and will be reviewed by the City Council at the meeting. Potential impacts from the project include traffic and circulation, hydrology, and air quality with respect to short-term construction activity. A draft Mitigated Negative Declaration of Environmental Impact has been prepared for the subject proposal. Members of the public may view this document in the Department of Planning and Building, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments to the City Council at, or prior to, the Planning Commission hearing. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Steve Hayes, Department of Planning & Building, 760/323- 8245. PATRICIA A. SANDERS City Clerk Publish: December 16, 1999 VICINITY l IAP ALEJO eOA1D � v AlIl1D0 rO!D N. T.S. ANDkTA5 KOAD e U TAIIOUITZ GAWON WAY IIPOJECT- LLOCftTION z a�PlSTo follD �— e ,PAI70N PoAD 7-lV70UI7-Z CANYON WAY PPOJjffCT 5/TT z J f�PENAS ,POl�D I CITY OF PALM SPRINGS CASE NO. 5508/6 PD256 DESCRIPTION p1°N°Doev�oPrNNr APPLICANT D15rP/Cr Wrrn PnA5E 1 CON515nNG OF A 15,112 rIGFlDDENSNGINT05I7 5OFrWAL6REEN5ORUa5rOPEWrrn AeC TEGTS (I-OP WAL-69'EEN5) ORNE-rnROUGn P11API'1ACY ON 4 02 ACPE5 I OGArED AT ruff 5W CORNER OF r/VIOUIrZ CANYON WAY g 5UNR15E WAY,G-1-AA 8 P-4Vf ZONES,5EG7-lON 14 502-065-005 502-065--01.8 - Palm Springs Oil Co Inc 502-065-019 Sohn n Hosea E &. Barbara Bro,n 3410 E Foothill Blvd Po Boxx 4349 4349 Pasadena CA 91107 940 H Avenida Olivos - Anaheim CA 92803 Palm Springs CA 92262 502-161-002 502-161-003 Angelo J Aguanno 502-161-004 3745 E B D Grant Evelyn Sunrise Shopping Center Bogert Tr] 14955 Stone Canyon Rd Palm Springs CA 92264 215 W 5t sL 910 Los Angeles CA 90077 Los Angeles CA 90013 502-163-005 10400 Ferrmvood Rd 502-1.63-014 Gertrude Arenas M Rd Lefton SOZ-163-01� 1777 E Arenas sls-- Age d Inc Sun In Sun Bar Palm Springs CA 92262 Bethesda MD 20817 771 JiIliurns Rd Pa'Cm :Springs CA 92264 502-153-019 502-164-006 - rU'3 - o15 Dixon L & Edna Gayer Sun Bar 502-164-007r60y 16682 Lovell Ln _ Sun Bar 771 S iams Rd 771 S Williams Rd Huntington Beach CA 92647 Pa t Springs CA 92264 Palm Springs CA 92264 508-070-026 508-070-030 Marriott International Inc SOS-070-OZ�7 Highland Se r,,i ce Corp American ,Stores Prop Inc 1 Marriott Dr PO Box <<^727 Washington DC 20058 PO Box 27447 San Bernardino CA 9240S Salt Lake City UT 84127 508-10C--002,003,OD2rOr0 508--100-003 Raymond S & Isabelle Baddour 508-100--007 333 W Stevens Rd Raymond S elie Baddour Samuel D Waoht Palm Springs CA 92262333 b " -evens Rd 5775 Glenridge Or HE 02,10 Pa rn Springs CA 92262 ,quanta GA 30328 508-100--009 _ 508-100-w o Raymond S & I� e Baddour 508--100-032 Raymond S & Isah - Baddour Royale Sunrise 333 ld -.-ve ns Rd 3.z.-r tii Stev ..' Rd Palm Springs CA 92262 `-Qlv r City C Ave Palm Springs CA 9226"L Culver City CA 90230 503-100--038 $ Sof -r oo-o3'ha jUsa -(� 5,08-100-040 508 100 024 Agua Cali Band Or Cahuil to Palm Springs Dnif. Sch 1. Dist. 100 N Indian Canyon Or lOG NCI an Canyon Dr 960 E. Tahquitz Canyon #202 Palm Springs CA 92262 Pa m Springs CA 92262 Palm Springs, CA 92262 502-065-008 23 Printed ai,** JOHN WESSMAN 1555 S PALM CANYON #G106 PALM SPRINGS, CA 92264-8303 Agar- , James McIntosh McFadden & McIntosh Architects 73-929 Larrea, #1A Palm Desert, CA 92260 AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) I, the undersigned, say: I am and was at all times herein mentioned, a citizen of the United States and employed in the County of Riverside, over the age of eighteen years, and not a party to the within action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs, California; that on the 2Id day of Novemberr,1999 I served the within (NOTICE OF PUBLIC HEARING)on PLANNING COMMISSION the purpose of the hearing to consider applicant McFadden and McIntosh„ Architects representing Walgreens, for a proposed Preliminary Planned Development District, Case No. 5.0816 (PD 256) 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, Sesction 14„ on persons contained in Exhibit "A" attached hereto in said action or proceeding by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in a mailbox, sub-post office, substation or mail chute, or other like facility, regularly maintained by the Government of the United States in the City of Palm Springs, California, addressed to the list of persons or firms indicated on the report received from the title company dated June 21, 1999 and certified by the City's Planning Technician. I hereby declare under penalty of perjury that the foregoing is true and correct. ANITA C. GRAVES Dated at Palm Springs, California, this 3`d day of November. 1999. NOTICE OF PLANNING COMMISSION MEETING Case No. 5.0816 (PD 256) McFadden and McIntosh Architects representing Walgreens NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California, will hold a public hearing at its meeting of November 24, 1999. The Planning Commission meeting begins at 1:30 p.m. (public hearings begin at 2:00 p.m.) in the Council Chambers at City Hall, 3200 E. Tahquitz Canyon Way, Pahn Springs. The purpose of the hearing is to consider a proposed Preliminary 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. An Environmental Assessment/Initial Study has been prepared and will be reviewed by the Planning Commission at the meeting. Potential impacts from the project include traffic and circulation, hydrology, and air quality with respect to short-term construction activity. A draft Mitigated Negative Declaration of Environmental Impact has been prepared for the subject proposal. Members of the public may view this document in the Department of Planning and Building, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments to the Planning Commission at, or prior to, the Planning Commission hearing. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Steve Hayes, Department of Planning &Building, 760/323- 8245. PLPG'V= NNING COMMISSION DOEVAN�S Director of Planning and Building Publish: November 4, 1999 PALM SPRINGS PLANNING DEPAR`II 1M' PROPERTY OWNERS CERTIFICATION I NANCY L. POVLSEN certify that on 6-21-99 (print name) (month-day-year) the attached property owners list was prepared by STEWART TITLE (print company or pursuant to application requirements individual's name) furnished by the PALM SPRINGS Planning Depar- tent. Said list is a complete and true compilation of owner of the subject property and all other property owners within 400 feet of the property involved in the application and is based upon the latest equalized assessment rolls. I further certify that the information filed is true and correct to the best of my knowledge; I understand that incorrect or erroneous information may be grounds for rejection or denial of the application. Name:_SANCY I POVLSEN TITLEJREGISTRATION: CUSTOMER SERVICE ADDPPSS: 44350 MONTEREY AVENUE PALM DESERT, CALIFORNIA 92260 PHONE: 760-773-0166 SIGNATURE: Q V DATE: 6-21-99 CASE: �02 005 //^5 50 `^' (/u� ^ \�''`�im springs oil .�� [ o.' John N~ssmao 5(`2'Vu5 019 NEU E Foothill Blvd pO Bo* 134v H»a*u E & Barbara Brown PaWdena CA 011011, 040 H Avenida Ulivna Anaheim [* 9zovJ Palm springs CA 92262 502-161-002 �02-161-003 A»8rlu J M8uanno 8 D Grant 502-161-004 3745 E Bogert Trl l495 Stone Canyon Rd Evelyn sunrise Shopping [enter Palm springs CA 972�4 Loa Angeles CAq0077 Zl� N �� 8t 9l0 Los Angeles CA 90013 502-163-005 502-163-014 Gertrude Lefton 5O2-l63 -0l� Mels-Mapleridge Inc; Sun Bar l777 E Arenas Rd 10400 Fprnwood Rd / � am« Rd Analw Springs [A 92262 Bethesda MD 20817 prim � ngo C 92264 - /03' »/5 502-183-0lg 502-164-006 Oivcn L 6 Edna Gayer Sul] 502-l64-O07.o�� 16682 Lovell Ln 77l ""' il �u» 0ar Huntington Beach CA 92647 Palm Springs 77l 8 Williams Rd p nga c v22�4 -``-�- Palm Springs CA 92264 508-070-026 508-070-030 Marriott International Inc Highland service Corp 50O-O70-O37 l Marriott Dr PO Box 2727 American Stores Prop Inc Washington DC 20058 PO Box 27447 3u» Bernardino CA 92406 Solt Lake City UT 84127 508-100-002/ 0 . 00'r/0/0 508 l0O 007 �aymond S & Isabelle Daddour Raymon or Samuel - � ht " 333 N Stevens Rd 333 N Steven « » ac nalm Springs CA 92262 palm Springs 9 5775 �lenridge Ur HE A24O y w ��u� `^~ Atlanta GA 30328 - 5OO- Raymond S �~," 508-l0O-O32 " � r Raymnn� 6 & Royale Sunrise 533 N Stevens Rd 333 N �Leven� --� - Palm springs LA 92262 -�—' ^ n« 5150 Overland Ave Palw 8prings CA 92:�2 rulver Clty CA 90230 508- 100-038 � ��^ /»�- «sl4»I}~' 7} 5OO-l0O-04V jsa » '" «1oIndianAgua Calienjo~|Oa - - � Cahuilla /�^iw« 1V �u� »m`' �n LO0 N Indian Canyon Dr lO0 M �nr|��n Canyon Or ' walv/ Springs CA 92262 palm Springs CA ' 222 /\Or- SS / / S7-/20 x'» « In P/ ir/�r� \/) `/cf�� PROOF OF PUBLICATION This is space loT County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of -Proof of Publication of the County aforesaid; I am over the age of eighteen No.3099 "- ears and not a a to or interested in the 0,1 r OF PALM SPRINGS Y party NOTICE OF MANNING COMMISSION MEETING above-entitled matter.I am the principal clerk of a Case No. 5.0816 (PD 256) printer of the,DESERT SUN PUBLISHING McFadden and McIntosh Architects P NOTICE IS HLREBVh GIVENI thatnthe Planning COMPANY a newspaper of general circulation, Commission of Iho City of Palm Springs, California printed and published in the city of Palm Springs, wit hold a ubhc hearing at its meeting of Novel' of Riverside,and which newspaper has been her 24, 19:�9 The Planning Commission meetm adjudged a newspaper of general circulation by the begins a I c°�1l,I n nembelrs rings begin at 2-0� City Hall, 3200 E. Superior Court of the County of Riverside,State of Tahc urta Canyon wad, Palm Springs. California under the date of March 24,1988.Case The puippose I, h, ,ea�ing is to consider a pro- posed Prehmmary Planne Development District Number 191236;that the notice,of which the application for the development of a two-phased, annexed is a printed co set in a not smaller maater-plauned, r 02 acre coinmercol/retan com- p PY( type Alex with Phase One consisting of a 15,112 square than non pariel,has been published in each regular toot Walgreens Drug Store with drive-throe h phar- and entire issue of said news a er and not in an macy facilltiEa rind phase two corn isting of two fu- P P Y ture office/retell bmldmgs totahn 13,700 square supplement thereof on the following dates,to wit: feet, located at the southwest corner of Tahqunz Canyon Way and Sunrise Way,C-1-AA and R-4-VP November 4lh Zones, Section 1,1 l - All in the ------ -------- _ '�__ -��!�-may'- Y -- - ear 1999 - I certify(or declare)under penalty of perjury that the foregoing is true and correct. - 4th Dated at Palm Springs,California this-------day November r?1 of-----------•------•--------- 1999— — from the pr 'eel will be g p f Signature An Environmen d Fl sessment/Imtial Study has been prepared e reviewed by the Plan- ning Commission zil the meetin Potential im acts gect if traffic and circulation, hy- drology, and air quality with respect to short-term construction aolivily A draft fN itigated Negative Declaration of Bn,uonmental Impact his beon pre- pared for the sublecl pl'oposal. Members of the public may view Iles document I. the Department of Planning and timlding, City Had, 3200 East Tah- quitz Canyon Way, Palm Springs, and submit writ- ten comments to the Planning Commission at, or rnor to, the Plauiung Commission hearing f any individual or group challenges the action in court, Issues rar,eil may be hmlted to only those issues raised at the public hearing described in this notice or In wuttr-,i correspondence at or prior to the City Council n-anng An opportunity wdl he given at said hearing for all If interested persons In be heard Questions regard- { mg this case may be directed to Steve Hayyes, De- partment of Planning & 5uildintf 760/323-A2h5. PLANNING COMMISSION /s/Dcocss-,7. Evans Duector of Planning and'Building PUB. November 4, 1999 PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) a STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen Nosaa7 --- years,and not a party to or interested in the env COUNCIL - ahove-entitled matter.I am the principal clerk of a GP 1 OF PALM SPRINGS printer of the DESERT SUN PUBLISHING -°"it an M^ets tP„ r.n - P , McFe e,- Ne. McIntosh Architects COMPANY a newspaper of general circulation, rcp,csanting watgreens I NCIfIC5 IS HERFRY GIVEN that the City Council of printed and published in the city of Palm Springs, file CilK of Pam, Springs, California, will held a County of Riverside,and which newspaper has been pubiie oaring - Its moanng or January 5, 2000. adjudged a newspaper of general circulation b the T,a Flannnq Commission meeting bogqlns at 7.00 J g $ y rn In the C.ounctl Chambers at City Flall, 3200 E Superior Court of the County of Riverside,State of prahgnis Canycil Way Palm Springs. The purpose of the h earinq Is to consider a pro- California under the date of March 24,1988.Case posed I ielimin,iry Planned Development District Number 191236;that the notice,of which the application foi 11hr, development of a two-phased, annexed is a rimed co set in a not smaller master-planned a 02 acre commercefo atoll com- p copy( type ,lot Walg eena DingIII Pri Stars with din e consisting of a-trimrlg h 112 square than non panel,has been published in each regular Macy taoioties and phase two consisting of two ai- and entire issue of said newspaper and not in any lure office/retrui buildings totaling 11,a00 square m supplement thereof on the following dates,to wit: feet, located at e soumwast comer of Tahqurtz Canyon and Sunrise Way, C-1-AA and R-a-VP Zones, Section I, December 16th All in the year 1999 I certify(or declare)under penalty of perjury that the foregoing is true and correct. - 16th Dated at Palm Springs,California this--day December of-----,1999 _ Signature An EnviroumenhJ Assessment/initial Study has been prepared and will be reviewed.by the City Council at the me=ling Potential Impacts from the pro eet Include Irufhc and ch'culation, hydrology, and air qualityy with espect to short-term construc- tion activity. A draft Mitigated Negative Dcclwation of Environmental Impact has been prepared for the subject proposal Marlboro of the public may view this document in the Department of Planning and Building. City Hall, 3200 East Tahqurtz Canyon - Way, Palm Sppring,, and submit wntten comments to the City C:ourr d at, or prior to, the Planning Commission hear uig If any Individual ni _gmup challenges the action in court, Issues raised may be limited to only those issues raised at the public hearing doscribed in this node" or in wriuou f,orrespondence at of pror to the City Council hearing. An opportunity will so given at said hearing for all interested person. to be heard Questions regard- ing this case may be directed to Steve Hayes, Da- partment of Planning & B illdin 780/323-82,15 PATRICIA A. SANDERS City Cled< PUB. December 1q 1999 PROOF OF PUBLICATION This is space for County Clerk's Filmg stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside ______-----'--------^-----------------'-'--- I am a citizen of the United States and a resident ofthe County aforesaid; I am over the age of eighteen No.3490 CORRECTED HEARING NOTICE years,and not a party to or interested in the CITY COUNCIL CITY OF PALM SPRINGS above-entitled matter.I am the principal cleric of a Case Ne- 5.0816 (PO 25e1 printer of the,DESERT SUN PUBLISHING McFadden and McIntosh Architects represenhng Walgreens COMPANY a newspaper of general circulation, Nonce IS HEBEBV GIVEN that the City Council of printed and published in the city of Palm Springs, the Crt of Palm ,pangs, California, will hold a publro hearing at its meeting of Januar 5, 2000. County of Riverside,and which newspaper has been The City Council meohn Begins at 7�0 p.m in I adjudged a newspaper of general circulation by the the Council Chamt.er at City I-lgall, 3200 E Tahgnitz Canyon Way, Patin "pnncgs' Superior Court of the County of Riverside,State of The parposo of the heanng Is to consider a pro- California under the date of March 24,1988.Case posed Prelnnmary Planned Development District Number 191236;that the notice,of which the application for the development of a two-phased, roaster-planned, 4 W acre commercial/retail com- anneXed is a printed copy(set in type not smaller Alex wdh Phase Oi ie consisting of a 15,112 square foot Walgreens Dun, Store with dnva-throu h phar- than non panel,has been published in each regular macy facilines and phase two consisting of two fu- and entire issue of said newspaper nail not in any ture office/retail huddings totaling n,40o square supplement thereof on the following dates,to wit: feet, located at me southwest corner of R-4-VP z pp g Canyon Way and Sunnse Way, C-1-AA and R-4-VP Zones, section I-0 _ December 19th " ' "'' ''•" 'u ---------------------- All in the year 1999 ---- _,. .- - — - -— I certify(or declare)under penalty of perjury that the foregoing is e and correct. 20th I Dated at Palm Springs,California this--------------day December I of-------- Q�^ 1999 -- 66C,I, 6Qa_1a__ Signature An Ewironmental Assessment/Initial Study has been prepared an 11 will be reviewed by the City Council at the meeting. Potential impacts from the prot1ect include Lafac and circulation, hydrology, an A an quahtpp wW r aspect to short-term construc- tion activity A draft Mitigated Negative Declaration of Environmental Ir ipact has been prepared for the subject proposal Members of the public may view this document in the Department of Planning and Building, City Hall 3200 East Tahquitz Canyon Way, Palm Spring_, and submit written comments to the City Council at, or prior to, the City Council hearing. If any individual or r,roup challenges the action in court, issues raised may be limited to only those Issues raised at the public hearing described in this notice or in written correspondence at 01' price' to the City Council hearing. An opportunity will -.a given at said hearing for all Interested person- � be heard Questlons,'egard- Ing this case may directed to Steve Hayes, De- partment of Plannn i i & Build Tct� 760/323-u245. PATFICIA A. SANDERS it Clerk PUB December 15i, 1999 _ 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 MCIPdTOSH, 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 OFA 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 TAI-IQUITZ 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 coiner 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, 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 ill connection with the hearing on the Project, including but not limited to the staff report, all environmental data including the initial study, the proposed Mitigated Negative Declaration and all written and oral testimony presented. 1coo ACC 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 comments 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 future 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. 1 0 6 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 Center pursuant to the General Plan and zoned C- 1 AA 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 Canyon Way),and has been designed to be sensitive to and not conflict with the design of the existing commercial center to the cast(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. i 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 A enas Road. Thus,the site is physically suitable for the type of development contemplated by the proposed subdivision. f. 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. 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 Way/Baristo Road intersections,which currently operate under acceptable levels I (. 3 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 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 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 track 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 ftmction 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 future installation of dual left turn lanes, and modifying the traffic signal overlap phase at said intersection at Tahquitz Canyon Way and Sumrise Way. Without the proposed project, which will provide for 26,512 square feet of conunercial 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. 0 0 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 SPP:INGS, CALIFORNIA City Clerk City Manager REVIEWED AND APPROVED AS TO FORM: RESOLUTION NO. X16 EXHIBIT A PLANNED DEVELOPMENT DISTRICT 5.0816-PD-256fWALGREENS 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 be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire 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 from 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. TAHQUITZ 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 frontage 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 - comer cut-back at the NORTHEAST comer of the subject property in accordance with City of Palm 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 furniture/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 Poilland 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. 11. All broken or off grade CURB,GUTTER,AND AC PAVEMENT shah be repaired of replaced. 12. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete over 4 inch aggregate base with a minimun 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 Tahquitz Canyon Way intersection. Provide a left tun pocket on the north side of the Sunrise Way South and Arenas Road intersection. Provide left turn pockets on both sides of the project driveway,which lines up with the project driveway for the commercial/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. IC7 ARENAS ROAD lC8 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 comer 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 Pahn 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 miniinum subgrade of 24 inches at 95%relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage 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 Planning 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 from Planning Depwftnent. C. Copy of Site Plan stamped approved and signed by the Plannning 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 da-, City Engineer prior to issuance of the grading permit. 23. Drainage swales shall be provided adjacent to all curbs and sidewalks- 3'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 3.50.00, 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 Palm 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 unable 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. 151'09. 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 Plaaa 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. c9 /e/6 GENERAL 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. 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. 33. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate 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 project 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. In 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 Tahquitz 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 frontages 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 Palm Springs Standard Drawing Nos. 620-626 at the following locations: M • 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 minimun, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOP, C®NSTRUCTION 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 Shady for the project: - The developer shall pay his fair share contribution of$1,174.21 to the City Engineer for the upgrade of the Tahqu itz 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 southbound left tun lanes and northbound acid southbouwd thm lanes on Sunrise Way from Tahquitz Canyon Way East to the south approziv_nately 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 balm 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 administrativo 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 Palm 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 Springs. Notwithstanding the foregoing,the City retains the tight 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 thne indemnification rights herein. 47. Pursuant to Fish and Game Code Section 711.4 a filing fee of $78.00 is required. This project has a de minhnus impact on fish and wildlife, and a Certificate of free Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final 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. I G ® Zowv 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 EIR will be included in the plans prior to Planning Conmussion 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 Document 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. hi accordance with Planning 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. u 0 i 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 tlie architectural design of the building(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 corner cutback requirements as required in Section 9302.00.D. 64. The design, height, texture and color of building(s), fences and wails 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 subriitied 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 brulding 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 projects 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. 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 �p c 13 maintaining a sufficient distance from the frontage(s)of the 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 Planning 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 a➢l 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 Planning 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 developmeni plans for the project, as follows: — Pedestrian amenities with uniform street furniture along the Taliquitz Canyon Way fiontage; — Tall native palm species along the Tahquitz Canyon Way and Sunrise Way frontages; — Shade trees in a formal pattern along Taliquitz Canyon Way; — Curvilinear concrete sidewalk with color agents along the street frontage of Taliquitz 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 walk along the Taliquitz Canyon 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 fixture development of the building pads on the master planned 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, bui 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. Should berming be used adjacent to retention basins for on-site drainage, the bermhng 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 was shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permits. P n� i 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 berming 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 final Plaimed Development plans. 89. The screen wall north of the loading/delivery area should be extended westward to MI.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 fumiture/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 Planning Commission,prior to the issuance of any grading or building permits for Phase One of the project. 0 0 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 muumurn of 5 feet to the west to allow for street widening on Sunrise Way South. POLICE DEPARTMENT: 102. Developer shall comply with Section H of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 103. The location of the trash enclosure is acceptable subject to approved constriction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT: 104. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT: 105. Construction shall be in accordance with the 1998 California ]Fire Code, 1998 California Building Code, 1993 National Electrical Code, City of Pahn Springs Ordinance 1523, Desert Water Agency requirements,NFPA Standards 13, 24,26, 71, 72, 72E, and 72G. 106. Exterior doors and openings shall be in accordance with the 1998 Fire Code,and 1998 Building Code, Chapters 10 and 35. Contact building official. 107. Fire department access roads shall be provided in accordance with the 1998 California Fire Code and 1998 California Building Code,Article 9, Sec. 902. Contact building official. 108. 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. 109. Fire Department Access Roads shall be all weather driving and support a minimum weight of 46,700 lbs. per local ordinance. 110. Construction site fencing required per City of Palm Springs Ordinance 1523. Fire 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. 111. 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 must be on duty at the construction site during all normal non-working hours or as the Fire Marshall deems necessary. 112. Water supplies and fire hydrants shall be in accordance with 1998 California Fire Code,Article 9, Sec. 903, and Desert Water Agency specifications. 6 / 7 /6/ ? 113. 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. 114. 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. 115. Fire alarm systems required. Installation shall be in accordance wtih the 1998 California Fire Code,Article 10, See. 1007 and NFPA 71 &72. 116. Exits, emergency escapes, exit illumination and signage shall be in accordnce with 1998 California Building Code. Contact building official. 117. Exit gates, barriers, stairways and ramps shall be in accordance with 1998 California Building Code. Contact building official. 118. 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 SPPJNNGS, CALIFORNIA AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM C-I-AA (LARGE SCALE RETAIL COMMERCIAL ZONE) AND R-4-VP (VEHICLE PARKING,LARGE SCALE HOTEL AND MULTIPLE FAMILY AND LIMITED COMMERCIAL RETAIL ZONE) TO PLAINTNED 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 fature 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. 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