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HomeMy WebLinkAbout4/11/2012 - STAFF REPORTS - 1.C. NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION "WESSMAN DEVELOPMENT CHANGE OF ZONE & PARCEL SPLIT" LEAD AGENCY: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 CONTACT PERSON: Edward 0. Robertson, Principal Planner (760) 323-8245 PROJECT TITLE: Case No. 5.1275-CZ &TPM 36438 PROJECT LOCATION: Northeast corner of North Sunrise Way and Tahquitz Canyon Way, Palm Springs, CA Riverside County APNs.: 502-065-008 & 502-065-018 PROJECT DESCRIPTION: The proposed project is a change of zone from the existing designation of C-1AA (Large Scale Retail Commercial) to C-1 (Central Retail Business) zone. The proposal also includes a tentative parcel map to reconfigure the approximately 1.38-acre site into two separate lots. FINDINGS/DETERMINATION: The City has reviewed and considered the proposed project and has determined that there are no potentials for impacts associated with the proposed change of zone and parcel split. The City hereby prepares and proposes to adopt a Negative Declaration for this project. PUBLIC REVIEW PERIOD: A 20-day public review period for the Draft Negative Declaration will commence at 8:00 a.m. on January 27th, 2012 and end on February le, 2012, at 6:00 p.m. for interested individuals and public agencies to submit written comments on the document. Any written comments on the Negative Declaration must be received at the above address within the public review period_ In addition, you may email comments to the following address: Edward.Robertson(ftalmspringsca oov Copies of the Negative Declaration and Initial Study are available for review at the above address and at the City library. PUBLIC MEETING: This matter has been tentatively set for public hearing on March 14, 2012. WESSMAN DEVELOPMENT Negative Declaration Prepared by The City of Palm Springs January 2012 AO�P pLM siO�P iy w a V N k /l 'L q k C C�4b4/.fEO�a 4�/FORN�P WESSMAN DEVELOPMENT INITIAL STUDY NEGATIVE DECLARATION CITY OF PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 1. Project title: 5.1275-Change of Zone &Tentative Parcel Map 36438 2. Lead agency name and address: City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 3. Contact person and phone number: Edward O. Robertson, Principal Planner (760) 323-8245 4. Project location: 102 North Sunrise Way, Palm Springs, CA, Riverside County 5. Project sponsor's name and address: John Wessman /Wessman Holdings 555 South Sunrise Way,Suite 200 Palm Springs, CA 92264 6. General plan designation: NCC (Neighborhood Community Commercial). This designation allows convenience commercial uses that serve adjacent residential neighborhoods. 7. Zoning: C-1AA (Large Scale Retail Commercial). The C-1AA zone is designed to provide for the integration of large-scale retail commercial development with resort hotel complexes, hotels and multiple-family dwellings. 8. Description of project: The proposed project is a change of zone from the existing designation of C-1AA (Large Scale Retail Commercial) to C-1 (Central Retail Business) zone. The proposal also includes a tentative parcel map to subdivide the approximately 1.38-acre site into two newly configured separate lots. 9. Surrounding land uses and setting: North: Office/Gas Station, parking lot South: Commercial/retail, parking lot East: Office Building West: Vacant property 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None Wessman Development,Initial Study/Negative Declaration September,2012 O WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION FIGURE 1 —SITE PLAN/PARCEL MAP oI A. __—. TANQUl7ZCANYDNW.IY�_ —�.— I r I I ` N 1 � I '_____- ___ •r'rr wr a u o MM j - - - - • � aasa � I Page 3 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact' as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance Page 4 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION DETERMINATION: (TO BE COMPLETED BY THE LEAD AGENCY) On the basis of this initial evaluation: ® I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the ❑ environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one ❑ effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 4i� #��A I - 25. �a Edward O. &Ia4rtson Date Principal Planner Page 5 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION APPLICATION CERTIFICATION: I CERTIFY THAT I AM THE APPLICANT FOR THE PROJECT DESCRIBED IN THIS INITIAL STUDY. I ACKNOWLEDGE THAT I HAVE READ THIS INITIAL STUDY AND THE PROPOSED MITIGATION MEASURES. FURTHER, I HAVE REVISED PROJECT PLANS OR PROPOSALS AND/OR HEREBY AGREE TO THE PROPOSED MITIGATION MEASURES TO AVOID THE EFFECTS OR MITIGATE THE EFFECTS TO WHERE CLEARLY NO SIGNIFICANT ENVIRONMENTAL EFFECTS WOULD OCCUR. Z Signature Date Print name and title �} COOL s 1�et tleG(J�'e� QctLLI^ Page 6 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLAKATION EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. 'Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more 'Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures"Earlier Analyses,"as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, Page 7 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Page 8 of 30 WE5SMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLAPkTION Less Than Significant Potentially With. Less Than . Significant Mitigation Significant Impact Incorporated 'Impact No Impact;:; I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and ❑ ❑ ❑ historic buildings within a state scenic highway? c) Substantially degrade the existing visual character ❑ El Elor quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views ❑ ❑ ❑ in the area? a-c) No Impact. The proposed project is located northeast of North Sunrise Way and East Tahquitz Canyon Way; the site is not located near a scenic vista or state scenic highway. The site is fully developed and does not contain any thick stands of trees, rock outcroppings or historic buildings within a state scenic highway. The subdivision and zone change of the project would not obstruct or disrupt view of a scenic vista. The project involves the subdivision and zone change of an existing office building and a drive thru restaurant that are in excellent condition. d) No Impact. The project is located in a fully developed area surrounded by other establishments.The proposed subdivision and change of zone will not generate light and glare. The existing development already has low-level lighting that complies with General Plan standards for Community Design in relation to lighting as well as the City's lighting ordinance as stated in Section 93.21.00 of the zoning code. Therefore, the project will not create a substantial source of light and glare that would adversely affect day and nighttime views in the area. Page 9 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION Less Than Significant Potentially With Less.Than Significant Mitigation Significant Impact Incorporated Impact No Impact 11. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or ❑ ❑ ❑ nature, could result in conversion of Farmland to non-agricultural use? a) No Impact. The Farmland Mapping and Monitoring Program of the California Resources Agency have not designated this area as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No impact to farmland would occur. b) No Impact. The proposed project site is zoned for commercial use and is not covered by a Williamson Act contract. Furthermore, no Williamson Act Contracts are located in the immediate vicinity of the project site. Therefore, no impacts to Williamson Act Contracts would occur. c) No Impact. The proposed project site is currently designated C-IAA (Large Scale Retail Commercial) and the surrounding land consists of developed commercial property. Implementation of the zone change and parcel reconfiguration would not result in conversion of farmland to non-agricultural uses. No impacts to conversion of agricultural land will occur. Page 10 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the ❑ ❑ ❑ applicable air quality plan? b) Violate any air quality standard or contribute ❑ ❑ ❑ substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an ❑ ❑ ❑ applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ concentrations? e) Create objectionable odors affecting a substantial ❑ ❑ ❑ number of people? a-c) No Impact. The City of Palm Springs is located in the Salton Sea Air Basin which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD maintains air quality monitoring stations at various locations throughout its jurisdiction, including two stations in the Coachella Valley. The stations monitor criteria pollutants ozone, nitrogen dioxide, carbon monoxide, particulate matter under 10 microns (PM,o) and fine particulate matter 2.5 microns in size (PM2.5). Criteria air pollutants are contaminants for which the state and federal air quality standards have been established. They are shown in Table 1 and described in detail below. The Salton Sea Air Basin is currently designated as nonattainment for federal air quality standards for ozone (1 and 8 hour standards) and PM,o and nonattainment for state air quality standards for ozone and PMIo. TABLE 1 FEDERAL AND STATE AMBIENT AIR QUALITY STANDARDS Pollutant AVERAGING TIME Federal Primary StandardStake Standard Ozone(03) 1-Hour 0.12 ppm 0.09 PPM 8-Hour 0.08 ppm - Carbon Monoxide(CO) 8-Hour 9.0 ppm 9.0 ppm 1-Hour 35.0 ppm 20.0 ppm Page 1 I of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION Nitrogen Oxide(NO.) Annual 0.05 ppm - 1-Hour - 0.25 ppm Annual 0.03 ppm - Sulfur Dioxide(S02) 24-Hour 0.14 ppm 0.04 ppm 1-Hour - 0.25 ppm PM,o Annual 50 pg/m' 30 pg/m3 24-Hour 150 Ng/m' 50 ug/m3 PM 2s Annual 15pg/m3 - 24-Hour 65 pg/m3 - Lead 30-Day Avg. - 1.5 pg/m3 Month Avg. 1.5 Ug/m' - Source: California Air Resources Board, "Ambient Air Quality Standards,"July 9, 2003. ppm =parts per million p91m3 - Micrograms per Cubic Meter Ozone (Oa) is the most prevalent of a class of photochemical oxidants formed in the urban atmosphere. The creation of ozone is a result of complex chemical reactions between hydrocarbons and oxides of nitrogen in the presence of sunshine. Unlike other pollutants, ozone is not released directly into the atmosphere from any sources. The major sources of oxides of nitrogen and reactive hydrocarbons, known as ozone precursors, are combustion sources such as factories and automobiles, and evaporation of solvents and fuels. The health effects of ozone are eye irritation and damage to lung tissues. Carbon Monoxide (CO) is a colorless, odorless, toxic gas formed by incomplete combustion of fossil fuels. CO concentrations are generally higher in the winter, when meteorological conditions favor the build-up of directly emitted contaminants. CO health warning and emergency episodes occur almost entirely during the winter. The most significant source of carbon monoxide is gasoline-powered automobiles, as a result of inefficient fuel usage in internal combustion engines. Various industrial processes also emit carbon monoxide. Nitrogen Oxides (NOx) are the primary receptors of ultraviolet light initiating the photochemical reactions to produce smog. Nitric oxide combines with oxygen in the presence of reactive hydrocarbons and sunlight to form nitrogen dioxide and ozone. Oxides of nitrogen are contributors to other air pollution problems including: high levels of fine particulate matter, poor visibility and acid deposition. Sulfur Dioxide (S02) results from the combustion of high sulfur content fuels. Fuel combustion is the major source Of S02, while chemical plants, sulfur recovery plants, and metal processing are minor contributors. Sulfates result from a reaction of sulfur dioxide and oxygen in the presence of sunlight. S02 levels are generally higher in the winter than in the summer (when sunlight is plentiful and sulfate is more readily formed). Particulate Matter (PM10 and PM2.e) consists of particles in the atmosphere as a by- product of fuel combustion, through abrasion such as tire wear, and through soil erosion by wind. Particulates can also be formed through photochemical reactions in the atmosphere. PMIo refers to finely divided solids or liquids such as soot, dust, and aerosols which are 10 microns or less in diameter and can enter the lungs. Fine particles are those less than 2.5 micrometers in diameter and are referred to as PM2.5. Page 12 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION Lead is found in old paints and coatings, plumbing and a variety of other materials. Once in the blood stream, lead can cause damage to the brain, nervous system, and other body systems. Children are most susceptible to the effects of lead. The South County Air Basin and Riverside County portion of the Salton Sea Air Basin are in attainment for the federal and State standards for lead. The SCAQMD also has daily significance thresholds for operational and construction- related emissions as shown in Table 2. TABLE 2 EMISSIONS SIGNIFICANCE THRESHOLD CRITERIA(POUNDS/DAY) Pollutant CO ROG NO. SO. PMw Operational Emissions Pounds/Day 550 55 55 150 150 Construction Emissions Pounds/Day 550 75 100 150 150 Source: SCQAMD,CEQA Air Quality Handbook,November 1993 Projects in the Coachella Valley with peak (highest daily) operation-related emissions that exceed any of these emissions thresholds should be considered significant. The project is within the jurisdiction of the SCAQMD. Development of the proposed project would be governed by the 2003 Air Quality Management Plan (2003 AQMP) and the 2002 Coachella Valley PM10 State Implementation Plan (CVPM10 SIP), which manages air quality in the area. These plans use the Palm Springs General Plan to estimate air quality conditions. CEQA requires that projects be consistent with the applicable AQMP. The proposed project would be on an existing commercial site and does not include improvements to an existing building or the demolition of any structures. The proposed project is consistent with the General Plan land use designation for the site and is substantially similar to the uses and air quality impacts planned for the site. d) No Impact. The proposed project is not located near sensitive receptors. The project is not anticipated to expose sensitive receptors to substantial pollutant concentrations. No impact would occur. e) No Impact. The proposed parcel reconfiguration and zone change is not anticipated to generate additional odors that are not already experienced in the existing restaurant. Large numbers of people would not be affected by odors associated with the operation of the restaurant. There will be no construction odors following implementation of the proposal. Therefore, impacts associated with exposure of substantial number of people to objectionable odors would have no impact. Page 13 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special ❑ ❑ ❑ status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or ❑ ❑ ❑ regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act (including, but not limited ❑ ❑ ❑ to, marsh, vernal pool, coastal wetlands, etc.), through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community El El Conservation Plan, or other approved local, regional or state habitat conservation plan? a-b) No Impact. The project will not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. The proposed project would occur within an existing, fully developed site, and no sensitive habitat, riparian habitat, or natural community occur onsite. Therefore, the project would not result in impacts to endangered, threatened, or rare species or their habitats or any riparian habitat or other sensitive natural community. c) No Impact. The site does not contain any wetland areas or waters. Section 404 of the Clean Water Act regulates the dredge and/or fill of waters and wetlands of the United States, specifically relating to how these activities may cause an adverse effect to, or loss of, federal wetland/water resources. Regulatory responsibility falls under the jurisdictional Page 14 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION authority of the U.S. Army Corps of Engineers (ACOE). Under Section 404, any development or activity, which may result in temporary or permanent impacts to these federally-protected resources must prepare a Pre-Construction Notification for review, and potential permitting, by the ACOE. Therefore, no impact to federally protected wetlands as defined by Section 404 would occur. d) No Impact. The proposed project site is located in a developed, urban area of Palm Springs, and no corridors or habitat suitable for migratory or wildlife species occur onsite. Therefore, no migratory patterns of fish or wildlife would be impacted by this project and no impact would occur. e) No Impact. The project does not propose any removal or disturbance of sensitive biological resources or landmark trees. Therefore, no conflicts with local policies or ordinances protecting biological resources would occur. f) No Impact. The project would not conflict with the Coachella Valley Multiple Species Habitat Conservation Plan adopted by the City of Palm Springs. Therefore, the project would have no impact on these types of plans. Less Than Significant Potentially With Less Than Significant Mitigation. . Significant. Impact Incorporated Impact No Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ❑ ❑ ❑ significance of a historical resource as defined in " 15064.5? b) Cause a substantial adverse change in the ❑ El ❑ significance of an archaeological resource pursuant to " 15064.5? c) Directly or indirectly destroy a unique ❑ ❑ ❑ paleontological resource or site or unique geological feature? d) Disturb any human remains, including those ❑ ❑ ❑ interred outside of formal cemeteries? a) No Impact. The project proposes the subdivision and change of zone of a fully developed site with three buildings; an existing drive thru restaurant and two office buildings with paved parking lot. There will be no new excavations or grading activities, therefore the proposal will not cause any adverse change to a historical resource as defined in 15064.5. No impact to historic resources will occur as a result of the proposal. b-c) No Impact. The EIR prepared for the Palm Springs General Plan showed that the project site is not located in an area that may have archeological or paleontological resources. Therefore, no impact would occur d) No Impact. The proposed project would occur within an existing developed site. There are no known human remains, burial sites, or formal cemeteries within the project area. Therefore, no impact would occur. Page 15 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death, involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake fault Zoning Map issued by the State Geologist for the area or based on other ❑ ❑ ❑ substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic-related ground failure, including ❑ ❑ Elliquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of ❑ ❑ ❑ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- ❑ ❑ ❑ site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), ❑ ❑ ❑ creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater ❑ ❑ Eldisposal systems where sewers are not available for the,disposal of wastewater? a) i) No Impact. The site is not located within an Alquist-Priolo earthquake hazard zone and there are no known faults crossing or in the vicinity of the project site. However, the project site, as with virtually all sites within the state, would be vulnerable to ground shaking in the event of an earthquake. The project site and surrounding vicinity are relatively flat eliminating the potential for landslides. The City of Palm Springs General Plan requires that the project be designed and constructed in accordance with the requirements of the Uniform Building Code (UBC). Adherence to the provisions of the UBC would reduce potential for structural damage in the event of an earthquake. Therefore, no impact would occur. Page 16 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION No Impact. Any major earthquake damage in the City of Palm Springs is likely to occur from ground shaking and seismically related ground and structural failures. Local soil conditions, such as topography, soil strength, thickness, density, water content, and firmness of underlying bedrock affect seismic response. Therefore, no impact would occur. iii) No Impact. There are no known geological hazards caused by ground failure or liquefaction, which would prevent use of the site. The project proposes the subdivision and zone change, which like all development in the City, would be required to conform to the General Plan. Therefore, no impact would occur. iv) No Impact. The ground is level and approval of the project would not expose people or structures to potential landslides.Therefore, no impact would occur. b) No Impact. The proposals are on an existing site. The proposed project site is relatively flat, and no new excavation of soil material proposed for zone change and parcel reconfiguration. In addition, existing codes regulate land grading and erosion control if and when any construction occurs during winter months (November-March) when precipitation is most likely to occur. Therefore, no impact would occur. c-d) No Impact. See items a and b, above. e) No Impact. The proposed project site is located in a developed, urban area currently served by the City of Palm Springs wastewater disposal system. Therefore, no impact would occur. Page 17 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or ❑ ❑ ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste ❑ El ❑ within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, ❑ ❑ ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ ❑ ❑ public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard ❑ ❑ ❑ for people residing or working in the project area? g) Impair implementation of, or physically interfere with, an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? a-b) No Impact. The proposed project involves a zone change and parcel reconfiguration of three existing buildings on a fully developed site. The proposal will not engage in the routine transport, use or disposal of hazardous materials; therefore no impact will occur. c-d) No Impact. The project site is not located within a quarter-mile of a proposed school. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. No impact would occur. Page 18 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION e-f) No Impact. The project is located outside of the adopted Riverside County Airport Land Use Compatibility Plan area for the Palm Springs International Airport (PSP) and is therefore considered to have no impact on airport activities. PSP is located approximately 1.5 miles west of the project site. The proposed project would not result in a safety hazard for people residing or working in the project area. g) No Impact. The City of Palm Springs Emergency Plan was established to address planned response to extraordinary emergency situations associated with natural disasters and technological incidents. The Plan focuses on operational concepts relative to large- scale disasters, which can pose major threats to life and property requiring unusual emergency responses. Therefore, no impact is anticipated. h) No Impact. Based on the site's location in an urban area, it would not be subject to wildland fire. No impact would occur. Page 19 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION Less Than Significant Potentially With Lm-Than Significant Mitigation Significant Impact Incorporated Impact No impact Vill. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste ❑ ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table ❑ El Ellevel (e.g., the production rate of pre-existing ED nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ ❑ would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially ❑ ❑ ❑ increase the rate or amount of surface runoff in a manner that would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned El ❑ ❑ stormwater drainage systems or provide substantial additional sources of polluted runoff? 0 Otherwise substantially degrade water quality? ❑ ❑ ❑ g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or ❑ ❑ ElFlood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ❑ ❑ ❑ that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ❑ ❑ ❑ flooding as a result of a failure of a levee or dam? j) Inundation by seiche, tsunami or mudflow? ❑ ❑ ❑ a, e) No Impact. The project is a zone change and parcel reconfiguration of a developed site; the existing development is in conformance with all applicable water quality standards and waste discharge requirements. Therefore, no impact would occur. Page 20 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION b) No Impact. The proposed project is on an existing site and a net deficit in aquifer volume or a lowering of the local groundwater table is not anticipated and therefore, no impact would occur. c-d) No Impact. The project would not alter the course of any stream or river as none are located on-site or in the immediate vicinity of the site. The project will not result in a change to the existing drainage pattern, as there would be no demolition or construction of a new structure f) No Impact. The proposed project would be on a site that is already developed and no changes to the site would impact the water quality. g-h) No Impact. The project is not located within an area designated as a 100-year flood boundary by the Federal Emergency Management Agency (FEMA). Since the project site is located outside of the 100-year flood boundary, flooding impacts associated with the proposed project are not considered significant. i) No Impact. The Palm Springs General Plan Environmental Impact Report does not identify risk of loss, injury, or death due to flooding as a result of levee or dam failure in the city of Palm Springs.Therefore, no impact would occur. j) No Impact. The City of Palm Springs is not located in an area subject to seiche, tsunami or mudflow. Therefore, no impact would occur. Page 21 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant, Mitigation Significant Impact Incorporated Impact No lmpact IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to, the general ❑ ❑ ❑ plan, specific plan, local coastal program or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation ❑ ❑ ❑ plan or natural community conservation plan? a) No Impact. The existing restaurant and office buildings visually enhance the established community. The proposed zone change and parcel reconfiguration would not divide an established community and no impact would occur. b) No Impact. The proposed zone change and parcel reconfiguration will be consistent with the allowable uses within the C-1 (Retail Business Zone) land use designation. Any additional changes to the site will require the approval of a Permit and Architectural Approval for any exterior improvements to the buildings. No other land use plans or regulations are applicable to the proposed project site. Therefore, no impact would occur. c) No Impact. The project would not conflict with an applicable habitat conservation plan or natural community conservation plan. No impact would occur. Less Than Potentially Significant With 1ess TTran Significant. Mitigation Significant No Impact . .Incorporated. Impact. „ irnpacl,. X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral ❑ ❑ ❑ resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important ❑ ❑ Elmineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a-b) No Impact. No significant mineral resources have been identified in the project area. The Palm Springs General Plan EIR (Palm Springs, 2007) has not identified any mineral resources in the area. Therefore, no impact to mineral resources would occur. Page 22 of 30 WES5MAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local ❑ El ❑ general plan or noise ordinance or of applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ❑ ❑ ❑ levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing ❑ ❑ ❑ without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ ❑ levels existing without the project? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ ❑ ❑ public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or ❑ ❑ ❑ working in the project area to excessive noise levels? a) No Impact. The proposal is a lot reconfiguration and zone change for a fully developed site with existing drive thru restaurant and office buildings with parking lot. The restaurant is not proposing to have any live entertainment or amplified music and therefore, there will be no exposure of persons to noise levels in excess of standards established in Chapter 11.74 of the Palm Springs Municipal Code (Noise Ordinance). Should there be a future proposal for live or amplified music, such music or entertainment would be required to comply with the City's noise ordinance. b) No Impact. Since the proposal does not include any new construction activities, persons will not be exposed to generation of excessive groundborne vibration or groundborne noise levels, therefore no impact will occur as a result of this proposal. c) No Impact. The proposed project would not engage in new construction activities, excavations or grading that could result to a substantial temporary increase in ambient noise levels. Therefore, the change of zoning designation and parcel reconfiguration of the existing restaurant and office buildings as proposed by this project would not contribute to a substantial permanent increase in the ambient noise levels in the project vicinity Page 23 of 30 WESSMAN DEVELOPMENT,INITIALSTUDY/NEGATIVE DECLARATION d) No Impact. The proposed project could not result in temporary, periodic increases in the ambient noise levels since there are no demolition and construction activities, and therefore, no impact would occur. e-f) No Impact. The project is located outside of the adopted Riverside County Airport Land Use Compatibility Plan area for the Palm Springs International Airport (PSP) and is therefore considered to not be subject to potential impacts from airport activities. The proposed project is located approximately 1.5 miles west of PSP and does not propose any components that would introduce people in the area to excessive airport noise. Therefore, no impact would occur. LessThan Significant Pptentially With Less Than.. :: Significant Mitigation significant No Impact Incorporated Impact Impact XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes and El ❑ Elbusinesses) or indirectly (e.g., through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? a-c) No Impact. The existing project site has two buildings; a drive thru restaurant and two office buildings with adequate parking spaces. Therefore, no existing permanent residents or housing would be displaced to accommodate the proposed project. Further, the site is in a commercial business zone, where no residential units are located. The proposal involves only a parcel reconfiguration and a zone change that does not propose any new residential units. Therefore, no impact on population and/or housing would occur. Page 24 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION Less Than Significant Potentially With .Less.Than Significant Mitigation - Significant Impact Incorporated Impact No impact XI11. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: a) Fire protection? ❑ ❑ ❑ b) Police protection? ❑ ❑ ❑ c) Schools? ❑ ❑ ❑ d) Parks? ❑ ❑ ❑ e) Other public facilities? ❑ ❑ ❑ a) No Impact. The project would not result in significant impacts to fire protection or any emergency response procedures. The Palm Springs Fire Department (PSFD) serves the current population of approximately 48,000 persons, covering a geographical area of 96 square miles with adequate fire stations. The maximum acceptable fire response time within the urbanized areas has been set at five minutes by the PSFD. Fire Station 441 is the closest station to the proposed project site and is located at 277 North Indian Canyon Drive. The Station's emergency response time is roughly one minute. The project is not anticipated to result in an increase in demand for fire protection services. The project conforms to access requirements for the PSFD.Therefore, no impact would occur. b) No Impact. The project would not cause an increase in population and therefore, would not result in impacts to the City's Police protection service capacity. The site complies with all rules, regulations and procedures of the PSPD. Therefore, impacts to police protection would not occur. c) No Impact. The project does not propose any new residences or other facilities that would affect schools. Therefore, no impact would occur. d-e) No Impact. The project is a zone change and parcel reconfiguration and does not include any development or uses that would lead to an increased demand for parks and recreation services or other public facilities. Therefore, no impact would occur. Page 25 or 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION Las Than Significant. Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact impact XIV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical ❑ ❑ ❑ deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities, or require the construction or expansion of ❑ ❑ Elrecreational facilities, which might have an adverse physical effect on the environment? a-b) No Impact. The project does not propose any new residences or other facilities that would affect existing parks and recreation facilities. The proposed project does not include any development or features that would increase the use of existing recreation facilities or increase demand for additional recreational facilities. The proposed project does not include any new recreational facilities.Therefore, no impact would occur. Page 26 of 30 WES5MAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XV. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial ❑ El Elincrease in either the number of vehicle trips, the volume-to-capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county ❑ ❑ ❑ congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ ❑ location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous El El ❑ intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus ❑ ❑ ❑ turnouts, bicycle racks)? a, b, d)No Impact. The project is surrounded by Tahquitz Canyon Way and North Sunrise Way both major thoroughfares and Luring Road, a local street; there is an existing parking lot with adequate ingress/egress on Sunrise Way. The proposal only involves parcel reconfiguration and zone change, it is not anticipated that the proposed designation will cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. The Circulation Element of the Palm Springs General Plan, adopted in 2007, includes as a policy, the provision and maintenance of level of service (LOS) D operation for the City's circulation network. All of the signalized key intersections currently meet the City of Palm Springs minimum intersection performance standard of LOS D, g) No Impact. The proposed project design would not obstruct transit (bus) or usage and therefore, will not conflict with policies, plans or programs supporting alternative transportation. Page 27 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION Lm Than :Significant Potentially With Less Than Significant Mitigation Significant No Impact Imorporated Impact. Impact XVI. UTILITIES AND SERVICE SYSTEMS. WOULD THE PROJECT: a) Exceed wastewater treatment requirements of the ❑ ❑ ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of ❑ ❑ ❑ existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing ❑ El ❑ facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or ❑ ❑ ❑ are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the ❑ ❑ ❑ project's projected demand, in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ❑ ❑ ❑ disposal needs? g) Comply with federal, state and local statutes and El El El related to solid waste? a-e) No Impact. The project would not significantly increase the amount of wastewater flows to the Wastewater Treatment Plant. Further, the project would not result in a need for additions or improvements to wastewater service or infrastructure, and all onsite drainage facilities were constructed in accordance with the National Pollutant Discharge Elimination System (NPDES) Permit and Storm Water General Permit and California General Construction Stormwater. Permit in effect at the time of construction of the various facilities currently existing on the site. f-g) No Impact. The City of Palm Springs contracts with Palm Springs Disposal Service (PSDS) for solid waste collection services. Solid waste generated in the area is disposed of at the Edom Hill landfill or the Lamb's Canyon landfill. The proposed project would comply with all federal, state and local regulations regarding the transport and disposal of hazardous waste, should any be found to occur at the project site. Therefore, no impact would occur. Page 28 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION Less Than Significant Potentially With Les Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wild-life population to drop below self- sustaining levels, threaten to eliminate a plant or ❑ ❑ ❑ animal community, reduce the number or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory? b) 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 the effects of probable future projects. c) Does the project have environmental effects that will cause substantial adverse effects on human ❑ ❑ ❑ beings, either directly or indirectly? a) No Impact. The proposed project would not degrade the quality of the environment; result in an adverse impact on fish, wildlife, or plant species including special status species, or prehistoric or historic cultural resources because project components do not include any construction or development on areas that are identified as sensitive. Prehistoric or historic cultural resources would not be adversely affected because no archeological resources are known to exist on the site. b) No Impact. The project would be consistent with the City's General Plan and would not create any potentially significant impacts. The proposed project is a change of zone and parcel split of a fully developed site. c) No Impact. The proposed project would not have any direct or indirect adverse impacts on humans. Page 29 of 30 WESSMAN DEVELOPMENT,INITIAL STUDY/NEGATIVE DECLARATION REFERENCES 1) City of Palm Springs. City of Palm Springs Environmental Impact Report. March 2007. 2) City of Palm Springs. City of Palm Springs General Plan.2007. 3) City of Palm Sp(ngs. City of Palm Springs Zoning Code. 2004. 4) South Coast Air Quality Management District. CEQA Air Quality Handbook. 1993. 5) Riverside County Airport Land Use Commission. Riverside County Airport Land Use Compatibility Plan. October 14, 2004. Page 30 of 30 i RESOLUTION NO. 6257 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CASE 5.1275 CZ / 7,1369 AMM / TPM WAIVER 36438, A REQUEST FOR A CHANGE OF ZONE FROM C-1-AA (LARGE SCALE RETAIL COMMERCIAL)TO C-1 (COMMERCIAL RETAIL) AND A TENTATIVE PARCEL MAP WAIVER TO RECONFIGURE TWO PARCELS WITHIN A ROUGHLY 1.38-ACRE PARCEL MAP AT THE NORTHEAST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY, SECTION 13/T4/R4; APN'S 502-065- 018 and 008. WHEREAS, Wessman Holdings, LLC, "applicant', has filed an application with the City pursuant to Section 94.07.00 (Change of Zone) of the Zoning Code seeking approval for a zone change from Large Scale Retail Commercial (C-1-AA) to Commercial Retail (C-1)-2) for a roughly 1.38-acre parcel at the northeast comer of Tahquitz Canyon Way and Sunrise Way; and WHEREAS, the applicant has also filed an application with the City pursuant to Chapter ( 9.62 of the City's Municipal Code (Maps) and Section 66474 of.the State of California Subdivision Map Act, for a Tentative Parcel Map waiver, proposing to reconfigure two lots within the same 1.38 acre parcel map, and WHEREAS, a notice of public hearing for Case 5.1275 CZ / 7.1369 AMM / TPM Waiver 36438 was given in accordance with applicable law; and WHEREAS, on March 14, 2012, a public meeting on Case 5.1275 CZ / 7.1369 AMM / TPM Waiver 36438 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA°)An Initial Study was conducted and the project was found to have no significant impacts to the environment. A Notice of Intent to Adopt a Negative Declaration was prepared and circulated for public comment for a period of 20 days. No new information was discovered that would require further analysis under CEQA; 'and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: SECTION 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the Planning Commission recommends that the City Council adopts a Negative Declaration for the project. k i Planning Commission Resolution No.6257 March 14, 2012 Case 5.1275 CZ/7.1369 AMM/TPM 36438 Waiver Page 2 of 6 SECTION 2: Pursuant to PSZC Section 94.07.00 (Change of Zone), the Planning Commission finds as follows: 1. The proposed change of zone is in conformity with the general plan map and report. Any amendment of the general plan necessitated by the proposed change of zone should be made according to the procedure set forth in the State Planning Law either prior to the zone change, or notice may be given and hearings held on such general plan amendment concurrently with notice and hearings on the proposed change of zone. The proposed change from C-1-AA to C-1 conforms to the General Plan Land Use Designations of Neighborhood Community Commercial (NCC) and Office (0) in terms of uses on the site (which are commercial and office type uses) and the development density which is below the maximum 0.35 FAR for each proposed parcel. The Change of Zone is also consistent with policies of the General Plan as follows: i { Policy LU4.1 Ensure that sufficient land is designated for commercial use €_ in appropriate areas to support the current and future needs of the community and surrounding areas in a manner that responds to the j changing market conditions. j The proposed zone change from C-1-AA to C-1 and the proposed Tentative Parcel Map i is consistent with this policy. The land at this location is appropriate for commercial uses because it is at the intersection of two major thoroughfares and provides commercial and retail amenities to nearby residential neighborhoods. Policy LU1.1 Ensure that development meets or exceeds the requirements and standards specified within each land use designation. The existing commercial and office development on the subject parcels is developed with uses and densities that are consistent with the standards for the land use designation in which they are located. . 2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council. The application proposes two (2) lots each of which are conforming to the minimum size and dimensional requirements for the C-1 zone. The parcels are both fully developed with commercial and office uses that are permissible in the proposed C-1 zone. The parcels are located along major thoroughfares which have adequate capacity and physical configuration to provide safe and appropriate access to each of the proposed parcels. . Planning Commission Resolution No. 6257 March 14, 2012 Case 5.1275 CZ/7.1369 AMM/TPM 36438 Waiver Page 3 of 6 8 3. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents. The change of zone request allows reconfiguration of the parcels in a manner that is consistent with the development standards for the C-1 zone. As they presently exist, the lots would be considered "legal non-conforming" because they are less than the required minimum two acre lot size of the C-1-AA zone. The parcels are currently fully developed with uses and structures that are consistent with the C-1 zone. The change of zone is not detrimental to residential zones in the vicinity because the sites are developed with uses and structures that are supportive and convenient to the adjacent residential zone. SECTION 3: Findings for the Administrative Minor Modification Pursuant to Zoning Code Section 94.06.01(A)(5), Findings are hereby made in support of the Administrative Minor Modification seeking reduction in the front yard setback from j 75 feet from the,centerline of the street right-of-way to 70 feet for Parcel 2 along I Tahquitz Canyon Way: 1. The requested minor modification is consistent with the General Plan, applicable Specific Plan(s) and overall objectives of the zoning ordinance. The General Plan designation for this property is O (Office). There is no General Plan Policy that would be adversely affected by this modification nor are their any specific plans associated with this property. The overall objective of the Palm Springs Zoning Code is the comprehensive and orderly planned use of land resources. The administrative minor modification establishes the findings and guidelines necessary to carry out minor but orderly development of exceptions to the ordinance. Section 94.06.01(A)(5) of the Palm Springs Zoning Code (PSZC) specifically allows for a 20% reduction of the required front yard set-backs and staff concludes that the request has met the finding. 2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification. The set-back reduction request is to bring an existing development into conformance with the current zoning development standards for front yard setbacks along Tahquitz Canyon Way. The structures on the site were constructed around 1977 and the condition of the front yard setback at 70 feet from the Tahquitz centerline instead of the required 75 foot front yard setback has not adversely affected the neighboring properties and Staff concludes that the request has met this finding. 3. The approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity. s Planning Commission Resolution No. 6257 March 14,2012 Case 5.1275 CZ/7.1369 AMM/TPM 36438 Waiver Page 4 of 6 r All construction on the site has existed for many years without detriment to the persons on or around the site. Consequently, staff concludes that the request has met the finding. 4. The approval of the minor modfcation is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. The proposed reduction in setbacks is an administrative action to bring existing conditions into conformance to enable processing of the requested zone change and tentative parcel map waiver. The set-back reduction is justified because it reflects existing conditions that have been in place for many years without detrimental effect. SECTION 4: Parcel Map Waiver Findings The approval of the map waiver is dependent on the Planning Commission findings that the proposal complies with applicable requirements as to area, general plan, i improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title. 1., Compliance with minimum Area requirements The C-1 zone specifies minimum lot dimensions of 100 feet by 150 feet and a minimum lot area of 20,000 gross square feet. The proposed lots conform to these area requirements. Z Consistency with the General Plan The subject property lies within two land use designations of the General Plan: Neighborhood Community Commercial (NCC; 0.35 FAR) and Office (O; 0.35 FAR). The "NCC" land use designation encourages convenience commercial uses that serve "adjacent residential neighborhoods. The "O° land use designation allows for development of office uses. Retail uses in this district should be limited to uses directly related to office operations, such as restaurants, office supply stores and pharmacies associated with a medical building. Both land uses have a maximum floor area ratio (FAR)of 0.35 An analysis of the floor area ratio of the existing development for both parcels is shown here: Parcel 1: (Del Taco Building) 2,759 square feet. Proposed lot area: 24,630 square feet. FAR: 0.15: conforms. Parcel2: (Retail / Office Buildings total 9,190 square feet. Proposed lot area: 35,054 square feet. FAR: 0.26: conforms. I Planning Commission Resolution No.6257 March 14, 2012 Case 5.1275 CZ/7.1369 AM /TPM 36438 Waiver Page 5 of 6 The proposed change of zone and parcel map were evaluated and found to be consistent with policies and goals of the City's General Plan as follows: Policy LU4. Ensure that sufficient land is designated for commercial use in appropriate areas to support the current and future needs of the community and surrounding areas in a manner that responds to the changing market conditions. The proposed zone change from C-1-AA to C-1 and the proposed Tentative Parcel Map is consistent with this policy because the land at this location is appropriate for commercial uses because it is at the intersection of two major thoroughfares and is adjacent to residential neighborhoods. The site is fully developed with commercial and office uses that are conveniently adjacent to nearby residential neighborhoods. s Policy LU1.f Ensure that development meets or exceeds the requirements and standards specified within each land use designation. The existing commercial and office development on the subject parcels is developed with uses and densities that are consistent with the standards for the land use I designation in which they are located. . ' I Compliance in terms of existing improvements and design Street improvements are already installed. There are no improvements proposed for the reconfiguration of the lots under consideration. 4. Compliance with requirements for floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection. The subject property is not located within a flood zone. Both proposed parcels have access to an improved public road. Sanitary sewer service is available in this area and the buildings are connected to the City sewer. Water service is available subject to the terms, conditions, limitations and restrictions set forth by Desert Water Agency. The -streets are already improved and all utilities exist and are operating on the premises. i Planning Commission Resolution No. 6257 March 14, 2012 I Case 5.1275 CZ/7.1369 AMM/TPM 36438 Waiver Page 6 of 6 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council approves Case 5.1275 CZ / 7.1369 AMM / TPM Waiver 36438; a change of zone from Large Scale Retail. Commercial Retail (C-1-AA) to Commercial Retail (C-1) and a Tentative Parcel Map waiver reconfiguring two lots within a roughly 1.38 acre parcel at the northeast corner of Tahquitz Canyon Way and Sunrise Way; subject to the attached conditions set forth in Exhibit A. ADOPTED this 14th day of March 2012. AYES: 6, Klatchko, Chair Donenfeld, Conrad, Munger, Hudson and Roberts NOES: None ABSENT: None ABSTAIN: None i ATTEST: CITY OF PALM SPRINGS, CALIFORNIA i E ing, Di of P nin Services i RESOLUTION NO. 6257 EXHIBIT A Case 5.1275 CZ /TPM Waiver 36438 Northeast corner of Sunrise Way and Tahquitz Canyon Way March 14, 2012 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 Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. i Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS I ADM 1. Project Description. This approval is for the project described per Case i (5.1275 CZ / TPM Waiver 36438); except as modified with the approved Mitigation Monitoring Program and the conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped (January 3, 2012), including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Tentative Map. This approval is for Tentative Parcel Map 36438 located at the northeast corner of Tahquitz Canyon Way and Sunrise Way, date stamped January 3, 2012. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. f s I i l I Resolution No. 6257 Conditions of Approval Page 2 of 6 Case 5.1275 CZ 17.1369 AMM/TPM Waiver 36438 March 14,2012 ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1275 CZ/7.1369 AMM /TPM Waiver 36438. 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 right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, j except, the City's decision to settle or abandon a matter following an adverse j judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. j ADM 7. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Maintenance of Outdoor Seating/Dining. Daily cleaning and wash down of sidewalks for any outdoor seating areas or paseos will be required. Contact Parks & Recreation at 760 323 8281 for information regarding the proper method of cleaning of sidewalks and pavers within the public rights-of-way. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) NOT required. a Resolution No.6257 Conditions of Approval Page 3 of 6 Case 5.1275 CZ/7.1369 AMM/TPM Waiver 36438 March 14,2012 ENV 2. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of$64 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk within two business days of the Commission's final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid (projects that are Categorically Exempt from CEQA). PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Lighting Conformance. All future changes in exterior lighting plans shall be submitted to the Planning Department for conformance with the City's Outdoor Lighting Ordinance, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards prior to issuance of a building permit. Manufacturers cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. PLN 2. Water Efficient Landscaping Conformance. Any future changes in III landscaping greater than 2,500 square feet are required to conform to the State Water Efficient.Landscape Ordinance. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the State's Water Efficient Landscape Ordinances. PLN 3. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. All multi-tenant buildings are required to have an approved sign program. The applicant shall submit a sign program to the Department of Planning Services prior to the issuance of any future building permits or future sign permits. PLN 4. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned. PLN 5. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 6. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on any existing or proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 7. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. i Resolution No.6257 - Conditions of Approval Page 4 of 6 Case 5.1275 CZ/7.1369 AMM I TPM Waiver 36438 - March 14,2012 PLN 8. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 9. No off-site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be .permitted to park off the proposed building site unless a parking management plan has been approved. PLN 10. Cross Easements & CC&R's. Prior to finalization of the Parcel Map Waiver, the applicant is to provide to the City copies of the cross-easements foi parking and access and copy of the CC&R's for both parcels. POLICE DEPARTMENT CONDITIONS i POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ENG 1. The Engineering Division recommends deferral of off-site improvement items (identified as "Deferred') at this time due to lack of full improvements in the immediate area. The owner shall execute an agreement, subject to the approval of the City Attorney, agreeing to construct all required street improvements upon the request of the City of Palm Springs City Engineer at such time as a modification or expansion of use of the existing Del Taco building is proposed that exceeds $300,000. The agreement shall be executed and notarized by the property owner(s) prior to approval of a Certificate of Compliance by the City Engineer. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. The applicant shall submit a draft a 3 Resolution No.6257 Conditions of Approval Page 5 of 6 Case 5.1275 CZ 17.1369 AMM/TPM Waiver 36438 March 14,2012 agreement for review by the City Attorney as necessary to facilitate this requirement. ENG 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plan(s) shall be approved by the. City Engineer prior to issuance of any building permits. Deferred SUNRISE WAY ENG 3. Remove the existing 6 inch curb and gutter located 32 feet east of centerline and replace with an. 8 inch curb and gutter located 38 feet east of centerline along the entire frontage to match existing curb and gutter north of the site, with a 35 feet radius curb return and spandrel at the northeast comer of the intersection of Sunrise Way and Tahquitz Canyon Way in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Deferred ENG 4. Relocate the existing catch basin and storm drain improvements as necessary to facilitate the widening of Sunrise Way. Deferred ENG 5. . Remove existing street improvements as necessary to construct the north half of an 8 feet wide cross gutter and spandrel at the northeast corner of the intersection of N. Sunrise Way and E. Tahquitz Canyon Way with a flow line parallel with and located 38 feet east of the centerline of Sunrise Way in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Deferred ENG 6. Remove the existing 10 feet wide sidewalk along the entire frontage and construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage and in accordance with the Appendix F of the 2007 General Plan. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. Additional right-of-way shall be dedicated as needed for any portion of the bicycle path that leaves the existing public right-of-way. Remove existing landscaping, palm trees, public water system appurtenances, and Riverside County Flood Control & Water Conservation District catch basin inlet as necessary to construct proposed bicycle path. Deferred ENG 7. Remove the existing curb ramp located at the northeast comer of the intersection of Sunrise Way and Tahquitz Canyon Way, as well as traffic signal pole and appurtenances as necessary, to construct a Type A curb ramp meeting current California State Accessibility standards at the northeast comer of the intersection of Sunrise Way and Tahquitz Canyon Way in accordance With City of Palm Springs Standard Drawing No. 112. Deferred Resolution No.6257 Conditions.of Approval Page 6 of 6 Case 5,1275 CZ/7.1369 AMM/TPM Walver 36438 March 14,2012 ENG 8. Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. Additional pavement removal and replacement may be required I upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. Deferred MAP j ENG 9. The applicant shall submit an application to the Engineering Division for a Certificate of Compliance, prepared by either an appropriately licensed registered Civil Engineer or a Land Surveyor. TRAFFIC ENG 10. Relocate and modify the existing traffic signal poles, conduit, pull boxes and all appurtenances located on the northeast corner of the intersection of N. Sunrise Way and E. Tahquitz Canyon in accordance with the requirements of the City of Palm Springs. The applicant shall submit traffic signal modification plans prepared by a California registered civil engineer or traffic engineer for review and approval by the City Engineer. Deferred FIRE DEPARTMENT CONDITIONS No conditions. END OF CONDITIONS �OF?ALM S.0 '2 c V N • 'pro ,E� ROPPiFO ie'e cq��FORN�P Planning Commission Staff Report Date: March 14, 2012 Case: 5.1275 CZ, 7.1369 AMM and TPM 36438 (parcel map waiver) Application Type: Change of Zone (CZ), Administrative Minor Modification (AMM) and Tentative Parcel Map Waiver (TPM) Location: Northeast corner Tahquitz Canyon Way & Sunrise Way Applicant: Wessman Holdings, LLC Zone: CI-AA (Large Scale Retail Commercial) General Plan: NCC (Neighborhood Community Commercial) and O (Office) APN: 502 065 008 and 502 065 018 From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: Ken Lyon, Associate Planner PROJECT DESCRIPTION: An application by Wessman Holdings LLC, to change the zone designation of a roughly 1 .38- acre parcel from Cl-AA (Large Scale Retail Commercial) to C1 (Retail Commercial). The application includes an Administrative Minor Modification for a five (5) foot reduction in setbacks along Tahquitz Canyon Way and a Tentative Parcel Map Waiver application (TPM 36438), to reconfigure the two lots that comprise the 1.38 acre parcel. RECOMMENDATION: That the Planning Commission • Adopts the Negative Declaration pursuant to the guidelines of the California Environmental Quality Act (CEQA), and • Approves the Administrative Minor Modification Case 7.1369 and • Approves Tentative Parcel Map Waiver 36438, an application to reconfigure two lots that comprise a roughly 1.38 acre parcel, And furthermore, that the Planning Commission recommends that the City Council: • Adopt the Negative Declaration pursuant to the guidelines of the California Environmental Quality Act (CEQA), and • Approve the Change of Zone request for parcel APN's 502 065 008 and 502 065 018 from C1-AA to C-1, subject to the attached conditions of approval. Planning Commission Staff Report March 14, 2012 Case 5.1275 CZ/7.1369 AMM/TPM 36438 Page 2 of 10 PRIOR ACTIONS TAKEN ON THE PROJECT: On October 13, 1976, the Planning Commission approved Case 2.982 for construction of a Carl's Junior Restaurant and renovation of a Phillips 66 automobile service station at the northeast corner of Tahquitz Canyon Way and Sunrise Way. BACKGROUND AND SETTING: The subject parcel is located at the northeast corner of Sunrise Way and Tahquitz Canyon Way. The site is fully developed with existing office and restaurant uses in existing structures with on- site parking and landscaping. Both Tahquitz Canyon Way and Sunrise Way are designated as major thoroughfares on the City's General Plan Circulation Map. The parcels are currently fully developed and provide commercial uses that serve the adjacent residential neighborhoods and the community in general. Surrounding land uses are as follows: Table 1: Adjacent General Plan Desi nations, Zones and Land Uses: General Plan Zoning Existing Land Uses North Neighborhood Community PD 74 Office Commercial NCC South NCC PD 76 Retail East O (Office) P (Professional) Professional Office West Tourist Resort Commercial C-1-AA (Lg. Scale Commercial Vacant /Gas Station / Retail The following graphics show portions of the zoning map, the general plan land use map, the tax map and an aerial photo showing the parcel and surrounding development. IIIIIJIIIIIIIALMAURALM f � C-l•A-A to blb IOU. TO P SITE PORTION OF THE ZONING MAP SHOWING ZONES Planning Commission Staff Report March 14, 2012 Case 5.1275 CZ/ 7.1369 AMM/TPM 36438 Page 3 of 10 LM v,. PORTION OF THE GENERAL PLAN MAP SHOWING LAND USES Par La/ SITE I is+xa ' T rr.reo Por Par/ ('1a i�r. _ Q� A p E i 1 F q % M � Lc, l � / V iesT... �'m�.♦ 'tfh� /1. PORTION OF THE TAX MAP FOR THE NORTHEAST CORNER OF TAHQUITZ AND SUNRISE WAY t«I i1 i AERIAL PHOTO SHOWING THE PARCEL AND SURROUNDING EXISTING DEVELOPMENT Planning Commission Staff Report March 14, 2012 Case 5.1275 CZ/7.1369 AMM/TPM 36438 Page 4 of 10 The applicant seeks to reconfigure the two parcels within the Tentative Parcel Map to facilitate sale of the parcels. The minimum parcel size for the C-1-AA zone is two (2) gross acres, however the combined total area of the two lots is only roughly 1.38 acres. Reconfiguration of lots within a parcel map may occur only when the resultant lots conform to the development standards of the zone in which they are located. In this case, the combined lots are too small to meet the minimum lot area of the C-1-AA zone. The minimum lot size for the C-1 zone is only 20,000 square feet. Thus, by seeking approval of the zone change the proposed reconfigured lots would conform to the standards of the (new) zone. The Administrative Minor Modification (AMM) is necessary to formally establish the front yard setback for the existing office building at seventy (70) feet from the centerline of Tahquitz Canyon Way as the legal conforming front yard setback for that lot for purposes of conformity findings for the Change of Zone. The minimum required setback pursuant to Zoning Code Section 93.01.02 is seventy-five (75) feet; thus the applicant is seeking a five foot reduction in this setback. ANALYSIS: General Plan The subject property lies within two land use designations of the General Plan: Neighborhood Community Commercial (NCC; 0.35 FAR) and Office (O; 0.35 FAR). The "NCC" land use designation encourages convenience commercial uses that serve adjacent residential neighborhoods. The "O" land use designation allows for development of office uses. Retail uses in this district should be limited to uses directly related to office operations, such as restaurants, office supply stores and pharmacies associated with a medical building. Both land uses have a maximum floor area ratio (FAR) of 0.351 and existing uses on site are consistent with the land use designations in which they are located. An analysis of the floor area ratio of the existing development for both parcels is shown here: Parcel 1: (Del Taco Building) 2,759 square feet. Proposed lot area: 24,630 square feet. FAR: 0.15: conforms. Parcel2: (Retail / Office Buildings total 9,190 square feet. Proposed lot area: 35,054 square feet. FAR: 0.26: conforms. The proposed change of zone and parcel map were evaluated and found to be consistent with policies and goals of the City's General Plan as follows: Policy LU4. Ensure that sufficient land is designated for commercial use in appropriate areas to support the current and future needs of the community and surrounding areas in a manner that responds to the changing market conditions. The proposed zone change from C-1-AA to C-1 and the proposed Tentative Parcel Map is consistent with this policy. The land at this location is appropriate for commercial uses because it is at the intersection of two major thoroughfares and provides commercial and retail amenities to nearby residential neighborhoods. ' Floor Area Ratio(FAR) is the ratio of the total net floor area of a building to the total lot area and describes the intensity of use or density of a site. Planning Commission Staff Report March 14, 2012 Case 5.1275 CZ/ 7.1369 AMM /TPM 36438 Page 5 of 10 Policy LU1.1 Ensure that development meets or exceeds the requirements and standards specified within each land use designation. The existing commercial and office development on the subject parcels is developed with uses and densities that are consistent with the standards for the land use designation in which they are located. . Change of Zone. The project proposes to change the zone designation from C-1-AA to C-1. The change of zone is necessary to facilitate the reconfiguration of lots within the parcel map. Findings for the change of zone are evaluated later in this staff report. Zoning The change of zone application proposes that all lots within the proposed subdivision be zoned C-1 (Commercial Retail). The proposed parcel reconfiguration and C-1 zone development standards are analyzed below in Table 2. Table 2: M-2 Zone Requirements and the Pro osed Subdivision C-1 Min. Requirements Proposed Subdivision Lot 1 Lot 2 Lot depth 150 170 ft conforms 287 ft conforms Lot width 100 145 ft conforms 107 ft (conforms) Lot Area 20,000 sf 0.56 ac (24,630 sf) 0.80 acres (35,054 sf) conforms conforms Front Yard 5 feet 72 ft conforms 20 ft conforms Special 75 ft from centerline of 77.7 ft (conforms) 70 ft (conforms with Setbacks Tahquitz Canyon Way approval of AMM Bldg Area 2,000 minimum 2,759 sf (conforms) 5,881 and 3,309 sf conforms Bldg. Height 30 feet max One story conforms One story conforms Landscaping 50% of yard areas created 95% is landscaped 95% is landscaped by required setbacks is to (conforms) (conforms) be landscaped. Administrative Minor Modification Required. The proposed reconfigured lots conform to the development standards of the zone except that the existing front yard along Tahquitz Canyon Way on lot 2 is slightly less than the required 75 feet for that street frontage. The applicant has included an Administrative Minor Modification (AMM) application seeking a five (5) foot reduction in the Tahquitz Canyon front yard setback from seventy-five (75) feet to seventy feet (70) feet. Findings for the AMM are included later in this staff report. Parcel Map Waiver The applicant has applied for a parcel map waiver. Pursuant to the California Subdivision Map Act Section 66428, California municipalities may waive the requirements for a parcel map upon Planning Commission Staff Report March 14, 2012 Case 5.1275 CZ/7.1369 AMM/TPM 36438 Page 6 of 10 making certain findings that the proposed subdivision complies with specific requirements of the Map Act and local ordinances. Section 9 of the City's Municipal Code outlines the process and the requirements for granting approval of a parcel map waiver. Municipal Code Section 9.62.070: Waiver of parcel map. Except where required by the Subdivision Map Act, no parcel map need be filed or recorded provided that pursuant to the procedure set forth in Chapter 9.63, the planning commission finds and determines that the proposed division of land complies with all applicable requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and all other requirements of the Subdivision Map Act and any applicable provisions of this title. The Subdivision Map Act allows parcel map waivers for the division of land of less than five parcels as long as the local agency (the City) provides a procedure for waiving the requirement for a parcel map. The Municipal Code sections below outline the procedures for a map waiver. Section 9.63.180, Planning Commission action: "(a) The planning commission shall consider the application within forty-five days after the filing of the application. The planning commission may grant the application, provided that it finds that the proposal complies with applicable requirements as to area, general plan, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title. The time limit for action may be extended by mutual consent of the subdivider and the director of planning and zoning. (b) If a parcel map waiver approval is granted, a certificate of compliance shall be filed with the county recorder, which certificate shall describe the real properties involved, name the owners thereof, and state that a parcel map waiver has been granted by action of the planning commission, giving the date thereof." Section 9.63.280, Issuance when application for waiver of parcel map approved: "Upon request of the owner of the property, a certificate of compliance may be issued and filed for record for any real property for which an application for waiver of the requirement of a parcel map has been approved under this chapter." After the Planning Commission makes the required findings for the map waiver, the approval process becomes similar to a Lot Line Adjustment (in that a Certificate of Compliance is issued creating the new parcels proposed as part of the parcel map waiver). The Certificate of Compliance is processed by the Engineering Department at the staff level. Planning Commission Staff Report March 14, 2012 Case 5.1275 CZ/7.1369 AMM/TPM 36438 Page 7 of 10 FINDINGS: Three sets of findings will be analyzed below; (1) Change of zone findings, (2) Administrative Minor Modification findings and (3). Parcel Map Waiver findings. Change of Zone Findings. The findings for a Change of Zone are found in PSZO Section 94.07.00 (A) as follows: 1. The proposed change of zone is in conformity with the general plan map and report. Any amendment of the general plan necessitated by the proposed change of zone should be made according to the procedure set forth in the State Planning Law either prior to the zone change, or notice may be given and hearings held on such general plan amendment concurrently with notice and hearings on the proposed change of zone. The proposed change from C-1-AA to C-1 conforms to the General Plan Land Use Designations of Neighborhood Community Commercial (NCC) and Office (0) in terms of uses on the site (which are commercial and office type uses) and the development density which is below the maximum 0.35 FAR for each proposed parcel. The Change of Zone is also consistent with policies of the General Plan as follows: Policy LU4.1 Ensure that sufficient land is designated for commercial use in appropriate areas to support the current and future needs of the community and surrounding areas in a manner that responds to the changing market conditions. The proposed zone change from C-1-AA to C-1 and the proposed Tentative Parcel Map is consistent with this policy. The land at this location is appropriate for commercial uses because it is at the intersection of two major thoroughfares and provides commercial and retail amenities to nearby residential neighborhoods. Policy LU1.1 Ensure that development meets or exceeds the requirements and standards specified within each land use designation. The existing commercial and office development on the subject parcels is developed with uses and densities that are consistent with the standards for the land use designation in which they are located. . 2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council. The application proposes two (2) lots each of which are conforming to the minimum size and dimensional requirements for the C-1 zone. The parcels are both fully developed with commercial and office uses that are permissible in the proposed C-1 zone. The parcels are located along major thoroughfares which have adequate capacity and physical configuration to provide safe and appropriate access to each of the proposed parcels. . Planning Commission Staff Report March 14, 2012 Case 5.1275 CZ/7.1369 AMM /TPM 36438 Page 8 of 10 3. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents. The change of zone request allows reconfiguration of the parcels in a manner that is consistent with the development standards for the C-1 zone. As they presently exist, the lots would be considered 'legal non-conforming" because they are less than the required minimum two acre lot size of the C-1-AA zone. The parcels are currently fully developed with uses and structures that are consistent with the C-1 zone. The change of zone is not detrimental to residential zones in the vicinity because the sites are developed with uses and structures that are supportive and convenient to the adjacent residential zone. Findings for the Administrative Minor Modification Pursuant to Zoning Code Section 94.06.01(A)(5), Findings are hereby made in support of the Administrative Minor Modification seeking reduction in the front yard setback from 75 feet from the centerline of the street right-of-way to 70 feet for Parcel 2 along Tahquitz Canyon Way : 1. The requested minor modification is consistent with the General Plan, applicable Specific Plan(s) and overall objectives of the zoning ordinance. The General Plan designation for this property is O (Office). There is no General Plan Policy that would be adversely affected by this modification nor are their any specific plans associated with this property. The overall objective of the Palm Springs Zoning Code is the comprehensive and orderly planned use of land resources. The administrative minor modification establishes the findings and guidelines necessary to carry out minor but orderly development of exceptions to the ordinance. Section 94.06.01(A)(5) of the Palm Springs Zoning Code (PSZC) specifically allows for a 20% reduction of the required front yard set-backs and staff concludes that the request has met the finding. 2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification. The set-back reduction request is to bring an existing development into conformance with the current zoning development standards for front yard setbacks along Tahquitz Canyon Way. The structures on the site were constructed around 1977 and the condition of the front yard setback at 70 feet from the Tahquitz centerline instead of the required 75 foot front yard setback has not adversely affected the neighboring properties and Staff concludes that the request has met this finding. 3. The approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity. All construction on the site has existed for many years without detriment to the persons on or around the site. Consequently, staff concludes that the request has met the finding. 4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. The proposed reduction in setbacks is an administrative action to bring existing conditions into Planning Commission Staff Report March 14, 2012 Case 5.1275 CZ/7.1369 AMM /TPM 36438 Page 9 of 10 conformance to enable processing of the requested zone change and tentative parcel map waiver. Staff concludes that the set-back reduction is justified because it reflects existing conditions that have been in place for many years without detrimental effect. Parcel Map Waiver Findings The approval of the map waiver is dependent on the Planning Commission findings that the proposal complies with applicable requirements as to area, general plan, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title. 1. Area The C-1 zone specifies minimum lot dimensions of 100 feet by 150 feet and a minimum lot area of 20,000 gross square feet. The proposed lots conform to these area requirements. 2. General Plan The subject property lies within two land use designations of the General Plan: Neighborhood Community Commercial (NCC; 0.35 FAR) and Office (O; 0.35 FAR). The "NCC" land use designation encourages convenience commercial uses that serve adjacent residential neighborhoods. The "O" land use designation allows for development of office uses. Retail uses in this district should be limited to uses directly related to office operations, such as restaurants, office supply stores and pharmacies associated with a medical building. Both land uses have a maximum floor area ratio (FAR) of 0.35 An analysis of the floor area ratio of the existing development for both parcels is shown here: Parcel 1: (Del Taco Building) 2,759 square feet. Proposed lot area: 24,630 square feet. FAR: 0.15: conforms. Parcel2: (Retail / Office Buildings total 9,190 square feet. Proposed lot area: 35,054 square feet. FAR: 0.26: conforms. The proposed change of zone and parcel map were evaluated and found to be consistent with policies and goals of the City's General Plan as follows: Policy LU4. Ensure that sufficient land is designated for commercial use in appropriate areas to support the current and future needs of the community and surrounding areas in a manner that responds to the changing market conditions. The proposed zone change from C-1-AA to C-1 and the proposed Tentative Parcel Map is consistent with this policy. The land at this location is appropriate for commercial uses because it is at the intersection of two major thoroughfares and provides commercial and retail amenities to nearby residential neighborhoods. Planning Commission Staff Report March 14, 2012 Case 5.1275 CZ/7.1369 AMM/TPM 36438 Page 10 of 10 Policy LU1.1 Ensure that development meets or exceeds the requirements and standards specified within each land use designation. The existing commercial and office development on the subject parcels is developed with uses and densities that are consistent with the standards for the land use designation in which they are located. . 3. Improvements and design Street improvements are already installed. There are no improvements proposed for the reconfiguration of the lots under consideration. 4. Floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection. The subject property is not located within a flood zone. Both proposed parcels have access to an improved public road. Sanitary sewer service is available in this area and the buildings are connected to the City sewer. Water service is available subject to the terms, conditions, limitations and restrictions set forth by Desert Water Agency. The streets are already improved and all utilities exist and are operating on the premises. ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the application has been deemed "a project'. An initial study was prepared and a 20-day period for public review and comments period commenced on January 27, 2012. Copies of the draft Initial Study were previously distributed to the Planning Commission as well. Notices of the report were sent to all applicable agencies. The review period ended on February 16, 2012. At the time of this writing, no comments have been received. The project was found to have no significant adverse impacts. Thus a Notice of Intent to Adopt a Negative Declaration has been filed. NOTIFICATION: A public hearing notice was advertised and was mailed to all property owners within 400 feet of the subject property. As of the writing of this report, staff has not received any comment. Ken Lyon Craig A. Ewing, AICP Associate Planner Director of Planning Services ATTACHMENTS • Vicinity Map • Draft Resolution with Conditions of Approval • Reduced copy of Tentative Parcel Map i ➢I SNa CITY or P.uy aPaowxR LtlUNff P!'R/Vfa.9m$atISB OP CALQORMA OWNHWEHICVFR' - I - TENTATIVE PARCEL MpA�,,pp��P NpO. 36438 =-VWM B N/a WITIMU 4XV7 S&I( acrwe ae i mwr+m. aaaw SUNItl3EWnY ^f Ulp/!Y/A7TF/CA7fONSNa: mumm uus rcniam n�� .tror j I � ° © # aag8 LKa51flaM35: a�Noawane�cYwPartu�rnw i Q ARCEL 7 ,o A6aPB WPARCd.NI AM q _ �' 4 m 2pA4n1]I146«Ca/IQELOGI/AON i y'` maaovnmNe a � w� _ rrnooaaPxreso�mcE AfEnalFgdw � .a cF�eremw 75 a i 9 t� mrrn .cw w . —. .—.—.— ® SANBORN A/E INC. lEA7A7)YE PARCEL/[9P f Na sBtse 1 9=11 i .; T1.0 3 jikI a G 1Z75 Planning Commission Minutes March 14,2012 OTHER BUSINESS- 2A. se 5.0881 PD 269 Final PD AMEND -A request by Alta Verde Sereno, LLC, to and previously approved Final Development plans for 60 proposed single mily residences within the Monte Sereno Planned Development , located 1040 Bogert Trail, Zone W-R-1-8 / PD-269, Section 35. (Project Planner: Da A. Newell,Associate Planner) David A. Newell, Assoc Planner, provided background information as outlined in the staff report dated March 14, 012. Vice Chair Hudson noted that h ttended the AAC meeting when this project was presented and it was very well receiv Staff provided clarification on the limited pu of the ad-hoc subcommittee that was created for review of this project only. ACTION: To approve the proposed amendment to he Final Development Plans of Planned Development District 269, Case 5.0881, subje to the previous Conditions of Approval. Motion Vice Chair Hudson, seconded by Leslie Munger and animously carried on a roll tall vote. AYES: Leslie Munger, Tracy Conrad, Philip Klatchko, J.R. Ro Chair Donenfeld, Vice Chair Hudson 3. PUBLIC HEARING: 3A. Case 5.1275 CZ 17.1239 AMM / TPM 36438 - An application by Wessman Holdings, for a change of zone (CZ) from C1AA (Large Scale Retail Commercial)to C1 (Retail Business)and.a parcel map waiver to reconfigure two existing lots. The application includes an Administrative Minor Modification (AMM) for a five (5) foot reduction in setbacks along Tahquitz Canyon Way. The'1.38 acre parcel map is located at the northeast corner of Tahquitz Canyon Way and Sunrise Way. Section 13; APNs 502-065-018 and 502=065-008. (Project Planner: Ken Lyon,Associate Planner) Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated March 14, 2012. 3 Planning Commission Minutes March 14,2012 i Chair Donenfeld opened the public hearing: I -John Wessman, applicant, (responded to questions from the Commission), provided background history on the easement that was originally recorded in 1976, the CC&R's and on-site parking. No further appearances coming forward the public hearing was closed. ACTION: To adopts the Negative Declaration pursuant to the guidelines of the California Environmental Quality Act(CEQA), and -To approve the Administrative Minor Modification Case 7.1369 and -Approves Tentative Parcel Map Waiver 36438, an application to reconfigure two lots that comprise a roughly 1.38 acre parcel: And furthermore,that the Planning Commission recommends that the City Council`. -To adopt the Negative Declaration pursuant to the guidelines of the California Environmental Quality Act(CEQA), and -To approve the Change of Zone request for parcel APN502-065-008 and 502=065 -018 from C1-AA to C-1, subject to the attached conditions of approval; and -Prior to finalization of the Parcel Map Waiver, the applicant is to provide to the City a copy of the cross-easements for parking and access and a copy of the CC&R's for both parcels. Motion Philip Klatahko, seconded by Chair Donenfeld and unanimously carried on aroll call vote. AYES: Leslie Munger, Tracy Conrad, Philip Klatchko, J.R. Roberts, Chair Donenfeld,Vice Chair Hudson NING COMMISSI Commiss r Klatchko commented that he was pleased to hear about the AAC's . willingness to .cipate in the ad-hoc subcommittee and assist staff in reviewing the final landscape pla Commissioner Munger brought the idea of creating guidelines for AAC review of decomposed granite — including i Nation and maintenance. Director Ewing responded that an expert on granite stone Id need to be called in to provide further information to the Commission. Commissioner Conrad noted that she would not be presen the March 28th Planning Commission meeting. 4 o� pALM Spy �2 C M tiC 95� ORRORATE9 . cA41FO104' CITY COUNCIL STAFF REPORT DATE: April 11, 2012 PUBLIC HEARING SUBJECT: AN APPLICATION BY WESSMAN HOLDINGS LLC, TO CHANGE THE ZONE DESIGNATION OF TWO LOTS AT THE NORTHEAST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY FROM C1-AA (LARGE SCALE RETAIL COMMERCIAL) TO C1 (RETAIL COMMERCIAL). CASE: 5.1275 CZ FROM: David H. Ready, City Manager BY: Craig Ewing, AICP, Director of Planning Services SUMMARY The applicant, Wessman Holdings LLC, is requesting approval to change the zone designation of two lots from C1-AA (Large Scale Retail Commercial) to C1 (Retail Commercial). (APN's 502 065 008 and 502 065 018). A public hearing is required. RECOMMENDATION: Adopt the Negative Declaration pursuant to the guidelines of the California Environmental Quality Act (CEQA), and Introduce on first reading Ordinance No. _, "AN ORDINANCE OF THE CITY COUNCIL OF PALM SPRINGS, CALIFORNIA AMENDING THE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF AN APPROXIMATELY 1.38-ACRE SITE (APNS 502 065 008 and 502 065 018) FROM C-I-AA (LARGE SCALE RETAIL COMMERCIAL) TO C-1 (RETAIL COMMERCIAL); THE SITE IS LOCATED AT THE NORTHEAST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY" PRIOR ACTIONS TAKEN ON THE PROJECT: On October 13, 1976, the Planning Commission approved Case 2.982 for construction of a Carl's Junior Restaurant and renovation of a Phillips 66 automobile service station at the northeast corner of Tahquitz Canyon Way and Sunrise Way. On March 14, 2012, the Planning Commission adopted a Negative Declaration pursuant to the guidelines of the California Environmental Quality Act (CEQA), approved an Administrative ITEN' NO. `�' — City Council Staff Report April 11, 2012 5.1275 CZ Change of Zone Page 2 of 5 Minor Modification (Case 7.1369), approved Tentative Parcel Map Waiver 36438, and recommended adoption of the Negative Declaration by the City Council and recommended approval by the Council of the Change of Zone from C-1-AA to C-1 for two lots that comprise roughly 1.38 acres at the northeast comer of Tahquitz Canyon Way and Sunrise Way. BACKGROUND: As noted above, the subject site is located at the northeast corner of Sunrise Way and Tahquitz Canyon Way. The site is fully developed with existing office and restaurant uses in existing structures with on-site parking and landscaping. Both Tahquitz Canyon Way and Sunrise Way are designated as major thoroughfares on the City's General Plan Circulation Map. The parcels are currently fully developed and provide commercial uses that serve the adjacent residential neighborhoods and the community in general. Surrounding land uses are as follows: Table 1: Ad'acent General Plan Desi nations, Zones and Land Uses: General Plan Zoning Existing Land Uses North Neighborhood Community PD 74 Office Commercial NCC South NCC PD 76 Retail East O (Office) P (Professional) Professional Office West Tourist Resort Commercial C-1-AA (Lg. Scale Vacant / Gas Station Commercial / Retail The applicant seeks to reconfigure the two parcels within the Tentative Parcel Map Waiver to facilitate sale of the parcels. The minimum parcel size for the C-1-AA zone is two (2) gross acres, however the combined total area of the two lots is only roughly 1.38 acres. Reconfiguration of lots within a parcel map may occur only when the resultant lots conform to the development standards of the zone in which they are located. In this case, the combined lots are too small to meet the minimum lot area of the C-1-AA zone. The minimum lot size for the C-1 zone is only 20,000 square feet. Thus, by seeking approval of the zone change the proposed reconfigured lots would conform to the standards of the (new) zone. ANALYSIS: General Plan The subject property lies within two land use designations of the General Plan: Neighborhood Community Commercial (NCC; 0.35 FAR) and Office (0.35 FAR). The "NCC" land use designation encourages convenience commercial uses that serve adjacent residential neighborhoods. The "Office" land use designation allows for development of office uses. Retail uses in this district should be limited to uses directly related to office operations, such as restaurants, office supply stores and pharmacies associated with a medical building. Both 02 City Council Staff Report April 11, 2012 5.1275 CZ Change of Zone Page 3 of 5 land uses have a maximum floor area ratio (FAR) of 0.351 and existing uses on site are consistent with the land use designations in which they are located. An analysis of the floor area ratio of the existing development for both parcels is shown here: Parcel 1: (Del Taco Building) 2,759 square feet. Proposed lot area: 24,630 square feet. FAR: 0.15: conforms. Parcel 2: (Retail / Office Buildings total 9,190 square feet. Proposed lot area: 35,054 square feet. FAR: 0.26: conforms. The proposed change of zone was evaluated and found to be consistent with policies and goals of the City's General Plan as follows: Policy LU4. Ensure that sufficient land is designated for commercial use in appropriate areas to support the current and future needs of the community and surrounding areas in a manner that responds to the changing market conditions. The proposed zone change from C-1-AA to C-1 is consistent with this policy. The land at this location is appropriate for commercial uses because it is at the intersection of two major thoroughfares and provides commercial and retail amenities to nearby residential neighborhoods. Policy LU1.1 Ensure that development meets or exceeds the requirements and standards specified within each land use designation. The existing commercial and office development on the subject parcels is developed with uses and densities that are consistent with the standards for the land use designation in which they are located. . Change of Zone. The change of zone application proposes that all lots within the proposed subdivision be zoned C-1 (Commercial Retail). The proposed parcel reconfiguration and C-1 zone development standards are analyzed below in Table 2. Table 2: M-2 Zone Requirements and the Proposed Subdivision C-1 Min. Proposed Subdivision Requirements Lot 1 Lot 2 Lot depth 150 170 ft conforms 287 ft conforms Lot width 100 145 ft conforms 107 ft conforms Lot Area 20,000 sf 0.56 ac (24,630 sf) 0.80 acres (35,054 sf) conforms conforms Front Yard 5 feet 72 ft conforms 20 ft conforms Special 75 ft from centerline of 77.7 ft (conforms) 70 ft (conforms with the Setbacks Tahquitz Canyon Way approval of Case 7.1369 Floor Area Ratio(FAR) is the ratio of the total net floor area of a building to the total lot area and describes the intensity of use or density of a site. 03 City Council Staff Report April 11, 2012 5.1275 CZ Change of Zone Page 4 of 5 Bldg Area 12,000 minimum 2,759 sf conforms 5,881 & 3,309 sf conforms Bldg. Height 30 feet max One story conforms One story conforms Landscaping 50% of yard areas 95% is landscaped 95% is landscaped FINDINGS: Change of Zone Findings. The findings for a Change of Zone are found in PSZO Section 94.07.00 (A) as follows: 1. The proposed change of zone is in conformity with the general plan map and report. Any amendment of the general plan necessitated by the proposed change of zone should be made according to the procedure set forth in the State Planning Law either prior to the zone change, or notice may be given and hearings held on such general plan amendment concurrently with notice and hearings on the proposed change of zone. The proposed change from C-1-AA to C-1 conforms to the General Plan Land Use Designations of Neighborhood Community Commercial (NCC) and Office (0) in terms of uses on the site (which are commercial and office type uses) and the development density which is below the maximum 0.35 FAR for each proposed parcel. The Change of Zone is also consistent with policies of the General Plan as follows: Policy LU4.1 Ensure that sufficient land is designated for commercial use in appropriate areas to support the current and future needs of the community and surrounding areas in a manner that responds to the changing market conditions. The proposed zone change from C-1-AA to C-1 is consistent with this policy. The land at this location is appropriate for commercial uses because it is at the intersection of two major thoroughfares and provides commercial and retail amenities to nearby residential neighborhoods. Policy LU1.1 Ensure that development meets or exceeds the requirements and standards specified within each land use designation. The existing commercial and office development on the subject parcels is developed with uses and densities that are consistent with the standards for the land use designation in which they are located. 2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council. The application proposes two (2) lots each of which are conforming to the minimum size and dimensional requirements for the C-1 zone. The parcels are both fully developed with commercial and office uses that are permissible in the proposed C-1 zone. The parcels are located along major thoroughfares which have adequate capacity and physical configuration to 04 City Council Staff Report April 11, 2012 5.1275 CZ Change of Zone Page 5 of 5 provide safe and appropriate access to each of the proposed parcels. 3. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents. The change of zone request allows reconfiguration of the parcels in a manner that is consistent with the development standards for the C-1 zone. As they presently exist, the lots would be considered "legal non-conforming" because they are less than the required minimum two acre lot size of the C-1-AA zone. The parcels are currently fully developed with uses and structures that are consistent with the C-1 zone. The change of zone is not detrimental to residential zones in the vicinity because the sites are developed with uses and structures that are supportive and convenient to the adjacent residential zone. ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the application has been deemed "a project'. An initial study was prepared and a 20-day period for public review and comments period commenced on January 27, 2012. Copies of the draft Initial Study were previously distributed to the Planning Commission as well. Notices of the report were sent to all applicable agencies. The review period ended on February 16, 2012. At the time of this writing, no comments have been received. The project was found to have no significant adverse impacts. Thus a Notice of Intent to Adopt a Negative Declaration (NO[) has been filed. NOTIFICATION: A public hearing notice was advertised and was mailed to all property owners within 400 feet of the subject property. As of the writing of this report, staff has not received any comment. FISCAL IMPACT: None. rai ing, AIC Thomas J. VpSon, Dire r of Planni S rvices Assistant City Manager David H. Ready, City ger Attachments: 1. Vicinity Map 2. Draft Ordinance 3. Excerpt of Minutes of Planning Commission Meeting of March 14, 2012 4. Planning Commission Resolution 6257 with conditions of approval. 5. Planning Commission Staff report from March 14, 2012 6. Tentative Parcel Map Waiver 36438 05 vuM N Department of Planning Services W�E Vicinity Map S O SOD r ANDREAS-RQ C7 I y O E TAHQUITZ CANYON WY CITY OF PALM SPRINGS CASE NO: 5.1275 CZ DESCRIPTION: An application for a change of zone (CZ) from C1AA (Large Scale Retail Commercial) to APPLICANT: Wessman Holdings, C1 (Retail Business) for an approximately 1.38 acre LLC site located at the northeast corner of Tahquitz Canyon Way and Sunrise Way. Section 13; APN's 502-065-018 and 502-065-008. 06 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF PALM SPRINGS, CALIFORNIA AMENDING THE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF AN APPROXIMATELY 1.38-ACRE SITE (APNS 502 065 008 and 502 065 018) FROM C-I-AA (LARGE SCALE RETAIL COMMERCIAL) TO C-1 (RETAIL COMMERCIAL); THE SITE IS LOCATED AT THE NORTHEAST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY WHEREAS, On January 3, 2012, Wessman Holdings, LLC (the Applicant) filed an application for a Change of Zone, requesting to change the zoning designation of an approximately 1.38 acre site identified as APNs 502 065 008 and 502 065 018 from zone C-1-AA (Large Scale Retail Commercial) to zone C-1 (Retail Commercial); and WHEREAS, the proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA") An Initial Study was conducted and the project was found to cause no potentially significant impacts to the environment. A Notice of Intent to Adopt a Negative Declaration was prepared and circulated for public comment for a period of 20 days. No new information was discovered during the comment period that would require further analysis under CEQA; and WHEREAS, a notice of public hearing of the Planning Commission of the City of Palm Springs, California for Case 5.1275 CZ / TPM Waiver 36438, and Case 7.1369 AMM was given in accordance with applicable law, and WHEREAS, on March 14, 2012, a public hearing of the Planning Commission was held to review said case and WHEREAS, at said hearing the Planning Commission reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented and voted unanimously to adopt the Negative Declaration under CEQA and to approve Case 7.1369 AMM and Tentative Parcel Map Waiver 36438, subject to conditions of approval and recommend adoption of the Negative Declaration by the City Council and to recommend approval of Case 5.1275 CZ, and WHEREAS, a notice of public hearing of the City Council of the City of Palm Springs, California for Case 5.1275 CZ was given in accordance with applicable law; and 07 Ordinance No. April 11, 2012 Case 5.1275 Change of Zone Page 2 of 4 WHEREAS, on April 11, 2012, a public meeting on Case 5.1275 CZ was held by the City Council in accordance with applicable law; and WHEREAS, at said hearing the City Council carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented, and WHEREAS, a Change of Zone is adopted by ordinance and includes two readings and a thirty-day period before it is effective; and WHEREAS, an ordinance was prepared for two readings before Council for the approval of Case 5.1275 CZ, and THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Pursuant to CEQA, the City Council hereby adopts the Negative Declaration as an adequate analysis of the potential environmental impacts of the proposed Change of Zone. SECTION 2: Pursuant to Zoning Code Section 94.07.00 (Change of Zone) the City Council hereby makes the following findings in support of the requested change of zone: 1. The proposed change of zone is in conformity with the general plan map and report. Any amendment of the general plan necessitated by the proposed change of zone should be made according to the procedure set forth in the State Planning Law either prior to the zone change, or notice may be given and hearings held on such general plan amendment concurrently with notice and hearings on the proposed change of zone. The proposed change from C-1-AA to C-1 conforms to the General Plan Land Use Designations of Neighborhood Community Commercial (NCC) and Office (0) in terms of uses on the site (which are commercial and office type uses) and the development density which is below the maximum 0.35 FAR for each proposed parcel. The Change of Zone is also consistent with policies of the General Plan as follows: Policy LU4.1 Ensure that sufficient land is designated for commercial use in appropriate areas to support the current and future needs of the community and surrounding areas in a manner that responds to the changing market conditions. The proposed zone change from C-1-AA to C-1 is consistent with this policy. 08 Ordinance No. April 11, 2012 Case 5.1275 Change of Zone Page 3 of 4 The land at this location is appropriate for commercial uses because it is at the intersection of two major thoroughfares and provides commercial and retail amenities to nearby residential neighborhoods. Policy LU1.1 Ensure that development meets or exceeds the requirements and standards specified within each land use designation. The existing commercial and office development on the subject parcels is developed with uses and densities that are consistent with the standards for the land use designation in which they are located. 2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council. The application proposes two (2) lots each of which are conforming to the minimum size and dimensional requirements for the C-1 zone. The parcels are both fully developed with commercial and office uses that are permissible in the proposed C-1 zone. The parcels are located along major thoroughfares which have adequate capacity and physical configuration to provide safe and appropriate access to each of the proposed parcels. 3. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents. The change of zone request allows reconfiguration of the parcels in a manner that is consistent with the development standards for the C-1 zone. As they presently exist, the lots would be considered "legal non-conforming" because they are less than the required minimum two acre lot size of the C-1-AA zone. The parcels are currently fully developed with uses and structures that are consistent with the C-1 zone. The change of zone is not detrimental to residential zones in the vicinity because the sites are developed with uses and structures that are supportive and convenient to the adjacent residential zone. SECTION 3. Pursuant to California Law, an ordinance was prepared for two readings before Council for the approval of Case 5.1275 CZ and a thirty-day waiting period before the approval of Case 5.1275 CZ becomes effective. SECTION 4. The City Council adopts an ordinance to approve the zone map change which changes the zoning designation from C-I-AA (Large Scale Retail Commercial) to C-1 (Retail Commercial) for an 09 Ordinance No. April 11, 2012 Case 5.1275 Change of Zone Page 4 of 4 approximately 1.38 acre site in conjunction with Case 5.1275 CZ (APN's 502 065 008 and 502 065 018). SECTION 5. Effective Date: This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 6. 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 eleventh day of April, 2012. MAYOR ATTEST: City Clerk CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California \ 10 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION 4) CITY CLERKS DEPARTMENT James Thompson, City Clerk City Council Meeting Date: April 11, 2012 Subject: Case 5.1275 Change of Zone AFFIDAVIT OF MAILING I, Cynthia A. Berardi, Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on March 28, 2012, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (38 notices mailed). I declare under penalty of perjury that the foregoing is true and correct. Cynthia A erardi, CMC Deputy City Clerk AFFIDAVIT OF POSTING I, Cynthia A. Berardi, Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on March 28, 2012. 1 declare under penalty of perjury that the foregoing is true and correct. G Cynthia A. erardi, CMC Deputy City Clerk AFFIDAVIT OF PUBLICATION I, Cynthia A. Berardi, Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on March 31, 2012. 1 declare�nder penalty of perjury that the foregoing is true and correct. Cynt is . Berardi, CMC Deputy City Clerk j The Desert sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 RECEIVED 760-778-4578/Fax 760-778-4731 I" ?A L M S i'-; 2012 APR —3 PM i s 42 LS 1: ai:-; State Of California ss: CITY CLER,'r, County of Riverside No 0916 --- _ Advertiser: NOTIRE OF IC HEARING Cl GL CrrYOFP MSPRINGS CITY OF PALM SPRINGS/LEGALS i CASE s1275C EOFZONE NortlwM corner of ahquite on Way PO BOX 2743 - _ and MrYYey PALM SPRINGS CA 922632 NOTICE IS HEREBY VEN-lines the City,Council of the Cty of Palm,8 ngs,California VAN hold a. VI hearing-at its meetne of April 11, 2U12. The City Ccumal Degins ffi 6:OD P.mf 5 the Council CNem r a G Hall, 3200 in N Tallqunz Canyon W ,PeknSprings. s 2000310613 s The Gurpose of tltls n is to oorwWer anap- _E' 4110 on Im,Wesam Hot ings LLC for a change il- me )YO Gih(R C'Busl Scale ROM Com, - -1 N-. iS Man I am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I IS hereby certify that the attached advertisement appeared p — in said newspaper (set in type not smaller than non panel) - + in each and entire issue of said newspaper and not in any N- supplement thereof on the following dates,to wit: p ��..,_..... . xt Newspaper: .The Desert Sunor If r- IS - 3/31/2012 tl n it ENVIRONMENT DETERMINATION: A Nape tks Declaration ties been prepared for this t_ �ric under the domla Environmental Quality Acr(CEOA�gu arid Wit be reviearedby me � City Couno I_at th hearing.Members of the public may view this ment at ter Planninngp Services DepaIt rd,City all,32DO East Tahqutzceamron I acknowledge that I am a principal clerk of the printer of ; Way, Palm Spit between the hours of e:0o a.m.to 11:00 a: and 2:00 P.M.to 6:00p m: The Desert Sun, panted and published weekly in the City ° Monday, thrqugh Tllureday and submli written of Palm Springs, County of Riverside, State of California. cosneno eLa to,the City Council moetng. The Desert Sun was adjudicated a newspaper of general REVIEW OF P ECT INFORMATION: The circulation on March 24, 1988 by the Superior Court of the - staff on afire r a orgngg'tloolmems re- d ppuublk:review at C,'�tyy County of Riverside, State of California Case No. IfHeall bNreen the hours of 6:00.a.m.and 11:9 r a.m.and 200 p. and 6:00 :m.Mond ythrouggh 191236. Thurstla . ggntact tPie Oltice al the City Clolc at 76o) If you would like to scheeco rile 8n lGlavlowt1ess document. I. declare under penalty of perjury that the foregoing is true COMMENT ON IS APPLICATION: Response to this notice in made verbally at the PPublic and correct. Executed on this 31st dayof March, 2012 in HeadnganNorf w BDstoteCityefore the ou Wm tan comments, be made to the city Council by -Teller(tor mail delivery)to: . - Palm Springs,California. ',Id- Thornpsorrl�C�ivty,�nClark 3200 .Talqutz--$ Way /. Springs,CA 2262 Any challenge- =the proposed proem in court may be.Amdeit wising ady taae.�sSlles raised at me public he 'mg,dwcnbed In this notice,or in write co delivered to the City Gerk ep or rlor to ublic In ring. (Govern - CodeSPection I[2D Declararr ,ign e 'Anapportunily 'II be given at mid homing for all interested robe heard-Ouestions regard- ing this case m y b,directed to Ken Lyon Associ- ate Planner, annsg Services Department, at (760)323-8245 Si necesits con ea3rMg scads porfivOrllama a th GuaFi Flegs as elm e Spdrgs eda hablar can Nadinr for 45. 1 James Thompson,City Gerk Published: 119 City of Palm Springs Office of the City Clerk 3200 East Tahquitz Canyon Way Palm Springs, CA92262 c'4LUOaN\* Telephone: 760-323-8204 - Fax: 760-322-8332 Email: Cindy.Berardi@paimspringsca.gov MEMORANDUM Date: March 28, 2012 To: Claudia Salgado AND Fax: Belinda Ray Bernadine Saldana (760) 416-2687 Bureau of Indian Affairs From: Cynthia A. Berardi Deputy City Clerk Office of the City Clerk Subject: Allotment Numbers for Public Hearing Notice Case 5.1275 CZ-Wessman Development 102 North Sunrise Way Here are Public Hearing notices to be sent to the appropriate Indian landowners within a 400' radius of the project location. The allotment numbers corresponding with the APN numbers are as follows: APN Allotment Number 508-070-042 22B 508-070-035 78B 508-100-055 21B 508-100-056 21 B I have enclosed these notices for distribution and your file, but should you require more notices, please let me know. Thank you for your continuous help and cooperation. Enclosures: 4 notices 12 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1275 CHANGE OF ZONE Northeast corner of Tahquitz Canyon Way and Sunrise Way NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of April 11, 2012. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by Wessman Holdings LLC for a change of zone (CZ)from C1AA (Large Scale Retail Commercial) to C1 (Retail Business). ENVIRONMENTAL DETERMINATION: A Negative Declaration (ND) has been prepared for this project under the California Environmental Quality Act (CEQA) guidelines and will be reviewed by the City Council at the hearing. Members of the public may view this document at the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs between the hours of 8:00 a.m. to 11:00 a.m. and 2:00 p.m. to 6:00 p.m. Monday through Thursday and submit written comments at, or prior to, the City Council meeting. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this are available for public review at City Hall between the hours of 8:00 a.m. and 11:00 a.m. and 2:00 p.m. and 6:00 p.m. Monday through Thursday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Ken Lyon Associate Planner, Planning Services Department, at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. ?ames Thompson, City Clerk 13 vM Ok SA9 Department of Planning Services Vicinity Map a m U' N ANDREAS-RD ----------- I r I z - I ......................... y O d _ 2 N 7 H E TAHQUITZ CANYON WY IA I CITY OF PALM SPRINGS CASE NO: 5.1275 CZ DESCRIPTION: An application for a change of zone (CZ) from C1AA (Large Scale Retail Commercial) to APPLICANT: Wessman Holdings, C1 (Retail Business) for an approximate 1.38 acre site LLC located at the northeast corner of Tahquitz Canyon Way and Sunrise Way. Section 13; APN's 502-065- 018 and 502-065-008. 14 Laser Labels A& Use 3M Template Compatible With AvervO5160®Template ' Feed Paper 3100-A,3100-13,or3100-C NEIGHBORHOOD COALITION REPS Case 5.1275 C2;TPM 36438 MODCOM AND MR PETE MORUZZI Wessman Development HISTORIC SITE REP'-0-0 PALM SPRINGS MODERN COMMITTEE CC Meeting 0411.12 P.O.BOX 4738 PALM SPRINGS,CA 92263-4738 CITY OF PALM SPRINGS CASE 5.1275 CZ PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS VERIFICATION NOTICE-0-0-0 ATTN SECRETARY/ 5.1275 CZ 506 W.SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS-0-0-0-0=D-J INDIANS 5401 DINAH SHORE DRIVE PALM SPRINGS,CA 92264 SOBOBA BAND OF LUISENO INDIANS LUEBBEN JOHNSON&BARNHOUSE, ATTN:JOSEPH ONTIVEROS LLP INTERESTED PARTIES-a-0-o CULTURAL RESOURCES MANAGER ATTN:RICHARD C.WADE, PARALEGAL P.O. BOX 487 7424 e STREET NW SAN JACINTO,CA 92581 LOS RANCHOS DE ALBUQUERQUE, NM 87107 MR JOHN WESSMAN MR. MICHAEL BRAUN SPONSORS -0-0-0-0-0 WESSMAN HOLDINGS LLC WESSMAN HOLDINGS LLC 555 S. SUNRISE WAY,STE.200 555 S.SUNRISE WAY,STE.200 PALM SPRINGS,CA 92264 PALM SPRINGS, CA 92264 MR ALLEN SANBORN SANBORN A/E INC. 71-780 SAN JACINTO DRIVE, E-1 RANCHO MIRAGE,CA 92270 F4in e4tee Iocnr ...... GkA Rec#: 1 APN :502-061-006 Rec#: 2 APN:502-061-008 Michael Joseph Murphy Bernstine Jack(fractional Interest) 10688 Estenna Way 136 Amber Or Culver City CA 90230-5437 San Francisco CA 94131-1626 Rec#: 3 APN:502-062-001 Rec#: 4 APN:502-062-002 Michelle Dee Mike Angelo Peter Figone 208 N Luring Dr 366 Roosevelt Way Palm Springs CA 92262-6525 San Francisco CA 94114-1434 Rec#: 5 APN :502-062-007 Rec#: 6 APN: 502-062-009 Home Loans Servicing Lp Bac Owen J Clemens 1800 Tapo Canyon Rd 5055 N Greeley Ave Simi Valley CA 93063-6712 Portland OR 97217-3524 Rec#: 7 APN :502-063-014 Rec#: 8 APN:502-063-022 Clifford M Campbell Barbara S Frey 227 N Luring Dr 1525 Selby Ave Apt 104 Palm Springs CA 92262-6524 Los Angeles CA 90024-5793 Rec#: 9 APN :502-063-024 Rec#: 10 APN:502-064-008 Liberty Escrow Inc Prop Luring 200 N Sunrise Way 140 N Luring Or Palm Spdngs CA 92262-6583 Palm Springs CA 92262-6841 Rec#: 11 APN :502-064-009 Rec#: 12 APN: 502-064-011 Palm Springs Teachers Association, Fayazrad Amir(married Man Separated) 180 NLuring Dr 160 N Luring Dr Ste A Palm Springs CA 92262-6839 Palm Springs CA 92262-6a40 Rec#: 13 APN:502-064-012 Rec#: 14 APN:502-065-005 Cohn Herbert S(fractional Interest) Palm Springs Oil Co Inc 4077 17th St 3410 E Foothill Blvd San Francisco CA 94114-1902 Pasadena CA 91107-3113 Rec#: 15 APN:502-065-008 Rec#: 16 APN :502-065-014 Wessman John(married Man Separated) Francisco J Urrutia 300 S Palm Canyon Or 1950 E Desert Palms Dr Palm Springs CA 92262-7302 Palm Springs CA 92262-0323 Rec#: 17 APN: 502-065-018 Rec#: 18 APN :502-065-019 Wessman John(married Man Separated) Hosea E Brown 300 S Palm Canyon Dr 940 N Avenida Olivos Palm Springs CA 92262-7302 Palm Springs CA 92262-5744 Rec#: 19 APN:502-074-010 Rec#: 20 APN:502-074-011 Wolff Bradley(married Man Separated) Malcolm McKay 215 N Cerritos Dr 1944 San Ramon Ave Palm Springs CA 92262 Mountain View CA 94043-2960 74- �x �✓ess.n ,� ate. ��o,,,�� Rec#: 21 APN :502-076-003 Rec#: 22 APN:502-076-008 Stephen Stoner 1986 L L C 8724 Shoreham Dr Apt D 64893 Saragossa Dr West Hollywood CA 90069-2239 Palm Springs CA 92264-0221 Rec#: 23 APN :502-161-002 Rec#: 24 APN: 502-161-004 Angelo J Aguanno Southwestern Inv Lie 1177 S Camino Real 23586 Calabasas Rd Ste 202 Palm Springs CA 92264-8440 Calabasas CA 91302-1322 Rec#: 25 APN :502-161-010 Rec#: 26 APN:502-161-011 Lois Anderson Tahquitz Partners 1801 E Tahquitz Canyon Way 1801 E Tahquitz Cyn No 2 Palm Springs CA 92262-7120 Palm Springs CA 92262 O Rec#: 27 APN :502-171-004 - Rec#: 28 APN:508-07035 Lola Properties Llc, _ Use 508 PO Box 3386 3200 East Tahquitz Canyon Way South Pasadena CA 91031-6386 Palm Springs CA 92262 Rec#: 29 APN :508-100-055 Rec#: 30 APN: 508-100-056 Use 508 Bia Use 3200 East Tahquitz Canyon Way 3200 East Tahquitz Canyon Way Palm Springs CA 92262 Palm Springs CA 92262