Expand retail opportunities to the people of the City of Desert Hot Springs and the surrounding region;

Allow development consistent with the City of Desert Hot Springs General Plan (“General Plan”), in conformance with municipal standards, codes, and policies;

Locate development in areas that will minimize any potential environmental impacts;

Augment the City of Desert Hot Springs economic base by increasing tax-generating retail uses within the City;

Create employment-generating opportunities for the people of the City of Desert Hot Springs and surrounding communities;

Allow for commercial development of a size and location sufficient to retain revenue-generating uses in the City of Desert Hot Springs;

Increase retail shopping options for the people of Desert Hot Springs to minimize the need for them to travel outside the City of Desert Hot Springs to meet their basic shopping needs;

Allow for an additional grocery retailer in the City of Desert Hot Springs to serve the growing population in the local area;

Complement the existing retail base in the City of Desert Hot Springs;

Allow for development that improves and maximizes the economic viability of a vacant site by transitioning the Specific Plan area into a productive mix of commercial/retail uses;

Allow for a retail development that meets the current unmet demand for goods and services from consumers residing in the trade area and future residential developments;

Allow for a commercial retail shopping center that serves the local market area and beyond, and attracts new customers and retailers into the City;

Allow for goods and services at a local site, thereby reducing the number of trips currently being made to shop for these same goods and services outside the City;

Expand and allow new retail options, with updated, modern and energy efficient buildings, in close proximity to local customers by providing daytime and nighttime shopping opportunities in a safe and secure environment;

Locate a commercial shopping center along a major road as identified within the Circulation Element of the General Plan, maximizing access opportunities for the convenience of patrons; and

To allow convenience-oriented retail sale of food, beverage, and related products and convenience-oriented services to the currently underserved area.

General Plan Consistency. The City of Desert Hot Springs completed annexation of 404 acres (I-10 Community Annexation No. 36), which included the Specific Plan area, from Riverside County effective September 12, 2010. At the time, the City adopted the County’s land use designation, Rural Residential (R-R), as part of the annexation process, for the Specific Plan area. See Specific Plan Exhibit 3-A (Existing General Plan Land Use and Zoning Map), attached hereto and incorporated herein by reference. The City’s General Plan was most recently adopted in 2000. At the time this Specific Plan was drafted, the City indicated that it is in the process of updating its General Plan and intends to re-designate a large portion of the corridor along Palm Drive to Commercial, which is expected to include the Specific Plan area. As a part of the anticipated General Plan update, the Specific Plan area would be re-designated to Community Commercial. However, because the City has not completed its General Plan update process, the Specific Plan area requires a General Plan amendment to change the interim Riverside County designation of R-R to a City designation of Community Commercial (C-C) with a Specific Plan overlay (C-C/SP - Desert Hot Springs Retail Center Specific Plan). See Specific Plan Exhibit 3-B (New General Plan Land Use Map), attached hereto and incorporated herein by reference.

The Specific Plan overlay is used in conjunction with other underlying designations. The designation is applied as an overlay on the General Plan Land Use Map and can be added to any land use designation. It is also appropriate as a means of processing community-scale commercial and mixed use development proposals.

The Community Commercial (C-C) designation provides for larger, community scale shopping centers and malls, which may be anchored by several department stores or other large-scale anchors. A variety of retail outlets, restaurant, and entertainment uses are also typical. Typical sizes range between 100,000 to 300,000 square feet or more of gross leasable floor area. Pursuant to the City’s General Plan, community commercial developments of between 100,000 and 300,000 square feet require approval of a Specific Plan. Accordingly, this Specific Plan is proposed to support the development of the Specific Plan area. While smaller than regional facilities, the Specific Plan area will serve the entire community, as well as the surrounding market area.

Specific plans must be consistent with the goals and policies of the adopted general plans of local jurisdictions (California Government Code Section 65454). The Specific Plan shall be consistent with the General Plan and implements the goals and policies of the General Plan within the Specific Plan area. The goals and objectives found in the General Plan Land Use Element support the City of Desert Hot Springs’ desire to continue to create a future in which the economy and environment of the City is preserved and enhanced by new development. This Specific Plan acts as a bridge between the General Plan and individual development proposals. It combines development standards and guidelines into a single Section that is tailored to meet the development needs of a specific site. The Specific Plan is consistent with the applicable General Plan Land Use goals and policies, and will specifically implement the following General Plan Land Use Element policies:

Relationship between Specific Plan Development Standards/Criteria and the City of Desert Hot Springs Municipal Code and other Ordinances. The Specific Plan is developed within the overall framework of the Desert Hot Springs Zoning Ordinance (“Zoning Ordinance”), but development regulations and requirements contained in this Specific Plan will supplement or replace those Zoning Ordinance provisions that might otherwise apply to the development of lands within the Specific Plan area. Development projects and new uses shall be subject to the review procedures, findings, and provisions of the Zoning Ordinance and the provisions of this Specific Plan. Related and/or subsequent approvals must be consistent with both the guidelines of the Specific Plan and the Zoning Ordinance. Any regulations or requirements not specifically addressed herein shall be subject to the regulations and requirements of the Zoning Ordinance, design guidelines, engineering standards and other applicable regulations, in addition to all applicable local, State and Federal ordinances, laws or regulations. Where the Specific Plan is silent, the Zoning Ordinance will be used for the purposes of interpretation, or applied as appropriate. If any provision of the Specific Plan conflicts with the regulations or requirements of the Zoning Ordinance, the provisions of the Specific Plan shall take precedence. The procedure for administration of the Specific Plan is set forth in Section 17.30.060 of this Specific Plan.

Conformance with Building Codes. All construction within the Specific Plan area shall be in compliance with the provisions of Title 15 (Buildings and Construction) of the Desert Hot Springs Municipal Code in effect on the date of approval of this Specific Plan.

Provision of Infrastructure. Unless otherwise specifically approved as part of this Specific Plan, all off-site improvements proposed in connection with this Specific Plan, as identified in Section 17.30.040, which are under the control of the City shall be subject to the City regulations and requirements in effect at the time improvement plans are submitted. Other improvements not under the control of the City (e.g., electricity, natural gas, telephone) shall be subject to the regulations and requirements of the responsible agency.

Severability. If any term, provision, condition, requirement, or portion of this Specific Plan is for any reason held invalid, unenforceable, or unconstitutional, the remainder of this Specific Plan or the application of such term, provision, condition, requirement, or portion thereof to circumstances other than those in which it is held to be invalid, unenforceable, or unconstitutional, shall not be affected thereby; and each other term, provision, condition, requirement, or portion thereof shall be held valid and enforceable to the fullest extent permitted by law.

Costs. The developer shall pay the costs of any code enforcement activities, including attorney’s fees, required as a result of the violation of any provisions of the City ordinances, including the Specific Plan.

Fees. All development under this Specific Plan will be subject to all applicable fees in effect on the date of approval of this Specific Plan, including, but not limited to, development traffic impact fees, fire fees, drainage and school impact fees and park and recreation department fees under State law.

In addition, should the Specific Plan area lie within any additional assessment or benefit district, the developer shall, prior to issuance of a building permit, make application for and pay for the reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred by the City.

Upon proposing any development within the Specific Plan area, the developer, or its agents, assigns or lessees, shall be required to pay all applicable permit application and review fees, including, but not limited to, building permits, grading permits, encroachment permits and other filing fees.

Specific Plan Exhibits. All attachments are incorporated by reference and comprise part of this Specific Plan. These attachments are listed below for ease of reference.

Specific Plan Exhibit 1: Regional Location Map attached hereto is a regional map of the Specific Plan area.

Specific Plan Exhibit 2: Specific Plan Area attached hereto depicts the Specific Plan area in an aerial image.

Specific Plan Exhibit 3-A: Existing General Plan Land Use and Zoning Map attached hereto depicts the existing General Plan land use and zoning map for the Specific Plan area and adjacent sites, and Specific Plan Exhibit 3-B: New General Plan Land Use and Zoning Map depicts the new General Plan land use and zoning map showing the new Community Commercial with Specific Plan overlay designation for the Specific Plan area.

Specific Plan Exhibit 4: Site Plan attached hereto is the Site Plan for the Specific Plan area.

Specific Plan Exhibit 5: Elevations attached hereto depicts the elevations for the Specific Plan area.

Specific Plan Exhibit 6: Landscape Plan attached hereto depicts the conceptual landscape plan for the Specific Plan area.

Specific Plan Exhibit 7: Signage Plan attached hereto depicts the conceptual signage plan for the Specific Plan area.

Historical Land Use. The Specific Plan area consists of vacant undeveloped land, with the exception of a paved road, Claire Avenue, which traverses the southern third of the Specific Plan area, overhead utility lines on the eastern side of the Specific Plan area, and an abandoned 8-inch-diameter water line that is in-line with Claire Avenue. The Specific Plan area is covered partly with native weeds, scattered small trees and shrubs, and has several unimproved access roads that traverse it. The Specific Plan area contains an existing billboard, utility structures, including telephone pedestals, and small signage.

The Specific Plan area is relatively flat with a gradual slope to the southeast at a gradient of roughly 1.6 percent with elevation ranging from 868 feet above mean sea level (amsl) at the northwest corner, down to 845 feet amsl at the southeast corner. Specific Plan area drainage is currently by surface sheet flow to the southeast, and is located approximately 0.5 mile northeast of the Morongo Wash, a southeast gradient natural drainage area.

Existing On-Site General Plan Land Use and Zoning. As previously identified, the City of Desert Hot Springs completed annexation of the Specific Plan area from Riverside County and adopted the County’s land use designation and zoning, Rural Residential (R-R), as part of the annexation process. See Specific Plan Exhibit 3-A (Existing General Plan Land Use and Zoning Map), attached hereto and incorporated herein by reference. The County’s R-R designation requires a minimum lot size of five acres and permits the development of single-family residences, allows limited animal keeping and agricultural uses, recreational uses, compatible resource development (not including the commercial extraction of mineral resources) and associated uses and governmental uses.

Upon adoption of the Specific Plan, the Specific Plan area would be re-designated to Community Commercial (C-C) with a specific plan overlay (C-C/SP - Desert Hot Springs Retail Center Specific Plan), and the R-R land use designation would be eliminated. See Specific Plan Exhibit 3-B (New General Plan Land Use and Zoning Map), attached hereto and incorporated herein by reference. The C-C land use designation provides for community scale retail, commercial, or business centers with 100,000 to 300,000 square feet or more of gross leasable floor area, which will help provide needed goods and services to benefit the community. Community Commercial centers are designed to serve the entire community (e.g., the City of Desert Hot Springs), as well as the surrounding market area (e.g., adjacent communities). Pursuant to the General Plan, Community Commercial retail centers require the approval of a specific plan.

Surrounding Land Uses. At the time this Specific Plan was drafted, existing land uses north of the Specific Plan area include Camino Aventura, beyond which is the Southern California Edison (“SCE”) Coffee Substation, undeveloped land, and the Palm Drive Mobile Estates trailer park (located at 15687 S. Palm Drive). Existing land use south of the Specific Plan area includes undeveloped land, while land uses west of the Specific Plan area include Cactus Drive, beyond which is undeveloped land. Existing land uses east of the Specific Plan area include Palm Drive, beyond which is a concrete-paved lot and undeveloped land. Based on the City’s Existing General Plan Land Use and Zoning Map, the land north of the Specific Plan area (north of the Camino Aventura alignment) are designated High Density Residential, while areas to the northwest are designated Rural Residential and lands to the east and northeast (across Palm Drive) are designated Rural Low Density Residential. Lands to the west and southwest are currently vacant and designated Medium Density Residential, while lands to the south are designated Rural Residential. See Specific Plan Exhibit 3-A (Existing General Plan Land Use and Zoning Map).

Within a broader geographical area, north of the Specific Plan area at the intersection of Palm Drive and Two Bunch Palms Trail is an existing retail center (Desert Hot Springs Town Center Shopping Center). This shopping center includes Vons grocery store, Burke’s Outlet, and several other smaller retailers. Across Palm Drive to the east is another shopping center, which contains a Kmart, Walgreens, and other smaller retailers. Between the proposed Specific Plan area and these existing shopping centers there are residential (both single-family and mobile home) uses and scattered commercial uses. Land uses to the west consist of scattered residential uses with the majority of the land being vacant and undeveloped. To the east, land uses consist exclusively of residential uses with minimal vacant and undeveloped land. South of the Specific Plan area, land uses generally consist of scattered residential and commercial uses with the majority of the land being vacant and undeveloped.

Regional and Local Circulation. Regional access to the City and Specific Plan area is provided from Interstate 10 (I-10), which runs east-west. In addition, Palm Drive, which borders the Specific Plan area, is a fully paved arterial road and is considered to be a major transportation corridor by the City.

Public Transit. The SunLine Transit Agency (STA) has 2 bus routes that serve the City of Desert Hot Springs and bus service in the Specific Plan area is via Routes 14 and 15. Both Routes 14 and 15 provide service along Palm Drive where a bus stop exists at the intersection of Palm Drive/Camino Aventura (approximately 220 feet north of the Specific Plan area) and at the intersection of Palm Drive/Dillon Road (approximately 0.35 mile south of the Specific Plan area).

Topography. The Specific Plan area is, and has been vacant and undeveloped since at least 1940. The topography within the Specific Plan area slopes relatively evenly from the east to the west. The Specific Plan area is relatively flat with elevations ranging from approximately 870 feet above mean sea level (amsl) at the northwest corner down to 850 feet amsl at the southeast corner. The Specific Plan area is bordered by existing residential development to the north and east and by undeveloped land to the west and south.

Hydrology. Runoff currently sheet flows from the Specific Plan area toward the southeast corner near Palm Drive. Once reaching Palm Drive, existing runoff flows are directed to the surface curb and gutter conveyance system and travel in a southerly direction until reaching the Whitewater River, approximately 25 miles away.

Soils. The soil on the Specific Plan area consists entirely of deep Carsitas fine sand (0 to 5 percent slopes).

Seismicity. The Specific Plan area, like most of California, is located within a seismically active area. The Specific Plan area is not situated within an Alquist-Priolo Earthquake Fault Zone. The nearest active faults to the Specific Plan area are the San Andreas Fault located approximately 1.8 miles southwest, and the Mission Creek branch of the San Andreas Fault located approximately 1.2 miles northeast.

Hazardous Materials. The Specific Plan area is vacant and has been undeveloped since at least 1940. No hazardous materials have been identified within the Specific Plan area and the overall potential for discovering any hazardous material during development of the Specific Plan area is low.

Biological Resources. The Specific Plan area lies within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). However, the Specific Plan area does not lie within any Conservation Areas identified in the CVMSHCP.

Water. The Specific Plan area will receive water from Mission Springs Water District’s existing 16-inch line in Palm Drive and a 12-inch line in Camino Aventura. Mission Springs Water District utilizes wells to extract groundwater from the Mission Creek Subbasin.

Sewer. There are no sewer facilities adjacent to the Specific Plan area.

Wastewater. Wastewater collection and treatment services in the City are currently provided by the Mission Springs Water District (MSWD).

Solid Waste Disposal. Solid waste generated in the City of Desert Hot Springs is hauled to the Edom Hill Transfer Station, east of the City, and then transported to the Lamb Canyon Sanitary Landfill in Beaumont, California. The City’s contracted waste hauler is Desert Valley Disposal, an independent contractor providing trash, green waste, and recycling services to residential and commercial properties.

Natural Gas. Gas service to the Specific Plan area will be provided from an existing 6-inch line in Palm Drive.

Electricity. Southern California Edison will provide electricity service to the Specific Plan area.

Telephone and Communications. Existing Verizon facilities are located to the east of Palm Drive.

Purpose and Intent. Consistent with the Desert Hot Springs Zoning Code and General Plan, this Specific Plan provides for implementation of a community-level commercial shopping center, anchored by a major tenant and additional retail and restaurant uses.

The standards set forth in this section will ensure that future development proceeds in a manner consistent with City requirements and design guidelines. Upon adoption of the Specific Plan, this Specific Plan shall be the zoning regulations for the subject property, superseding other zoning designations and development standards of the City as described herein. Where the Specific Plan is silent, the Zoning Ordinance will be used for the purposes of interpretation, or applied as appropriate. If any provision of the Specific Plan conflicts with the regulations or requirements of the Zoning Ordinance, the provisions of the Specific Plan shall take precedence.

Applicability. The Land Use Regulations contained in this Specific Plan are applicable to the Specific Plan area as shown on Specific Plan Exhibits 2 (Specific Plan Area) and 4 (Site Plan), attached hereto and incorporated herein by reference.

Definitions. Words and phrases used in this Specific Plan shall be construed as defined in Section 17.04.050 of the City of Desert Hot Springs Zoning Ordinance.

General Development Standards.

Land and Structure Regulations. Table 4 shows the specific Development Standards that shall apply to the Desert Hot Springs Retail Center Specific Plan.

General Design Concepts. Within the Specific Plan, general design concepts address the nature and function of the use, building, or feature being considered. Architectural design and details are to be integrated throughout the Specific Plan area and oriented to areas within public view. Design within the Specific Plan shall meld function and form, not one to the exclusion of the other.

The architectural style of the Desert Hot Springs Retail Center shall be a contemporary-modern style with a strong street presence that complements both the desert climate and resort setting. The mass of the front elevation of the major tenant shall be reduced in scale by articulating the exterior into actual exterior and interior spaces that serve merchandising functions and as spaces for pedestrian amenities. The design and color palette shall evoke a contemporary modern style architecture with its horizontal asymmetrical massing, natural materials and shade casting elements. See Specific Plan Exhibit 5 (Elevations), attached hereto and incorporated herein by reference.

Vestibules shall have recessed doors, striking horizontal linear roof elements and shall be flanked by additional projecting horizontal planes, which house and enclose the cart storage areas. The other exterior walls shall repeat many of these elements such as varied parapet heights, a generous use of decorative block and alternating wall colors. Facing Palm Drive, the Specific Plan contemplates small retail/restaurant uses to provide street frontage for project visibility and pedestrian access.

Landscaping Requirements. The quality environment envisioned for the Specific Plan area will be established, in large part, by its landscape treatment. Landscaping is to be designed to highlight positive visual features, to screen negative ones, and provide a cool, pleasant outdoor environment. Landscaping is also intended to give structure and identity to the overall development in the Specific Plan, and will substantially conform to the conceptual design as shown on Specific Plan Exhibit 6 (Landscape Plan), attached hereto and incorporated herein by reference. The landscaping in the Specific Plan area will be compatible with the design requirements for landscaping established in Section 17.56.120 of the City’s Zoning Ordinance in effect on the date of approval of this Specific Plan.

The Specific Plan’s landscape design shall attempt to blend with the surrounding desert landscape. Plants and materials would be drought-tolerant and native California species including trees, shrubs, and groundcovers. The use of such species in landscaping designs—in addition to reducing water usage—help incorporate the site’s design and details into the surrounding environment. Landscaping will be provided along the perimeter of the project site and throughout the Specific Plan area. Additionally, the landscape design shall comply with the City’s landscape standards. Please refer also to Specific Plan Exhibit 6 (Landscape Plan).

Landscape/streetscape criteria include the following:

Screening. Outdoor storage, cart storage and loading docks shall be concealed by using screen walls articulated to match the main building. Rooftop equipment shall be screened from view by parapet walls of all project buildings. Any roof-mounted mechanical equipment shall be appropriately screened from view. The method of screening shall be architecturally integrated with the adjacent structure in terms of materials, color, shape, and size. Where individual equipment is provided, a continuous screen is desirable.

On-Site Circulation and Parking.

Signage. The Specific Plan area’s conceptual Sign Program is presented in Specific Plan Exhibit 7 (Signage Plan), attached hereto and incorporated herein by reference, and identifies the proposed location, height, size and elevations for signage within the Specific Plan area. Signage for the Specific Plan area will consist of a combination of letter, logo signs, and small projecting pedestrian-oriented signs along the retail buildings that are architecturally integrated into the Specific Plan design. The intent of the signage is to achieve a visually coordinated, balanced, and appealing signage system throughout the Desert Hot Springs Retail Center, particularly one that promotes compatibility with the architectural styles and landscape concepts identified within this Specific Plan. One business identification pylon sign and three business identification monument signs may be utilized within the Specific Plan area. The smaller retail buildings will be permitted signage not to exceed the limits described in Table 17.44.01 “Sign Regulations by Sign Use Category” of the City’s Zoning Ordinance. The signage for the smaller retail/restaurant buildings will be consistent in design and nature with that of the major tenant. Sign permits for the Specific Plan area will be approved by the City’s Planning Division through the Substantial Conformance process, outlined in Section 17.30.060. Review and approval of sign permit applications is ministerial and shall only be appealable by the applicant/developer.

Lighting. The Desert Hot Springs Retail Center Specific Plan shall conform to lighting standards of the City of Desert Hot Springs in effect on the date of approval of this Specific Plan. This includes measures to minimize light pollution, which has a detrimental effect on the environment and the enjoyment of the night sky; such as limiting the light’s intensity and shielding of parking area light fixtures to prevent nuisance spillover effects on surrounding properties. All lighting within the Specific Plan area shall adhere to the following requirements:

Noise. Development within the Specific Plan area shall comply with all requirements of the City’s General Plan Noise Element and Noise Ordinance in effect on the date of approval of this Specific Plan.

Fire Protection. Adequate water for estimated domestic consumption and for fire flow requirements, as determined by Riverside County Fire Department, shall be provided by the developer. Development of the Specific Plan area shall comply with all requirements of the Riverside County Fire Department in providing adequate fire flow, number, and location of hydrants, building clearances, and street and driveway/aisle turning radii for access.

Loading and Unloading/Deliveries. Delivery trucks for the major tenant will enter and exit on Camino Aventura. The loading area facing Camino Aventura will be located off-street and provide 4 loading bays and a compactor facing Claire Avenue. Each off-street loading area will be equipped with roll-down metal screen/security doors.

Trash Enclosures. Bale and pallet recycling area for the major tenant shall be located near the loading area to the rear of the store. Trash and recycling enclosures for the smaller retail/restaurant uses will be located within a screened enclosure located within the parking lot.

Water Facilities. Water services in the City of Desert Hot Springs, including the Specific Plan area, are provided by the Mission Springs Water District (MSWD). As per the City of Desert Hot Springs General Plan, MSWD’s service area extends over 135 square miles and serves a population of 30,000 people. Existing water infrastructure is present on adjacent residential properties. The water service to the Specific Plan area will be provided from an existing 16-inch line in Palm Drive and a 12-inch line in Camino Aventura.

Wastewater Facilities. Sewer services in the City of Desert Hot Springs, including the Specific Plan area, are provided by the MSWD. MSWD operates the Horton Wastewater Treatment Plant (HWTP) for wastewater treatment. HWTP currently has a capacity of 2 million gallons per day (mgd). Existing wastewater infrastructure closest to the Specific Plan area is present for adjacent residential properties at Camino Idilio and Via Corto West. An approximate 1,806-foot sanitary sewer main extension to the existing sewer lines will be required to serve the Specific Plan area. The extension will originate from Camino Idilio to the south, and extend north within Palm Drive to the intersection of Camino Aventura. The anticipated combined average flow from the Specific Plan area is approximately 4,000 gallons per day and an additional 7,500 gallons per day from the smaller retail/restaurant uses.

Drainage. Site drainage is currently by surface sheet flow to the southeast. Water quality retention basins are proposed as part of the Specific Plan area. A standard catch basin system will collect all stormwater runoff from the major tenant, including the parking lot and driveways. An underground network of pipes will convey the majority of stormwater to the water quality retention basins located along the south boundary. The proposed retention basins will reduce the runoff from the Specific Plan area to its pre-developed rate and meet applicable water quality requirements. Any overflow from the basins would be conveyed via Claire Avenue following its pre-development flow path. The retention basins will be designed per Riverside County’s requirements and will include a hydrology report and a water quality management plan. The amount of conveyance will be equal to its pre-developed peak rate. Likely improvements may also include the use of bioswales.

Water Quality. Adherence to National Pollution Discharge Elimination System (NPDES) requirements is required for all development within the City.

Solid Waste Disposal. Solid waste services are provided by the Desert Valley Disposal and independent contractors provide trash, green waste, and recycling services to the Specific Plan area. All City waste is transported to the Edom Hill Transfer Station, east of the City, and then transported to the Badlands Sanitary Landfill in Moreno Valley. The major tenant will have a bale and pallet recycling area located near the loading area to the rear of the facility, near the loading and unloading bay areas, as well as a trash compactor. See Specific Plan Exhibit 4 (Site Plan). Trash and recycling enclosures for the other uses will be within screened enclosures located within the parking lot, the location of which will be identified subsequent to the recognition of future retail users.

Police Protection. The City of Desert Hot Springs Police Department (DHSPD) provides local police services within the City of Desert Hot Springs including crime investigation, offender apprehension, community awareness programs, and other services such as traffic control.

Fire Protection. Fire protection is provided to the City by the Riverside County Fire Department (RCFD) under contract with the California Department of Forestry.

Gas, Electricity and Telecommunication. The City of Desert Hot Springs has adequate utility infrastructure to provide services to the Desert Hot Springs Retail Center. The Specific Plan area lies within the service area of Southern California Edison (“SCE”; electricity), the Gas Company (natural gas), and Verizon telecommunications (telephone). According to SCE, the electric service to the Specific Plan area will be provided from an existing SCE vault located near Cactus Drive and Camino Aventura. Electrical transformers for the Specific Plan area will be located at the southwest corner of the major tenant. Overhead power lines, currently located north-south on-site will be undergrounded. The existing power pole with guy anchors, which carries high-voltage power, located at the northwest corner of the Specific Plan area shall be relocated. The power pole located at the corner of Palm Drive and Camino Aventura will also be relocated. Lastly, the guy anchors associated with three poles located along Camino Aventura will be removed.

The Gas Company’s services to the Specific Plan area will be provided from an existing 6-inch line in Palm Drive, which will be extended along Camino Aventura to the Specific Plan area. Existing Verizon facilities are located to the east of Palm Drive. The Specific Plan area will connect to these existing lines.

On-Site Improvements. Prior to the development of the Specific Plan area, any existing billboard and utility structures including telephone pedestal and small signage shall be demolished. In addition, the existing electrical overhead line and pole running in the north-south direction on the Specific Plan area shall be installed underground with a 10-foot wide easement provided for SCE maintenance. Driveways shall be constructed on Camino Aventura, Palm Drive and Claire Avenue, as indicated on Specific Plan Exhibit 4 (Site Plan).

Off-Site Improvements.

Description of Regulations/Ordinance Implementing the Specific Plan.

Capital Improvement Program. The Desert Hot Springs Retail Center is a self-supporting commercial project with the developer(s) responsible for on-site and off-site improvements and all infrastructure necessary to support development of the Specific Plan area.

Fiscal Implementation. Implementation of the Specific Plan, including, without limitation, construction of all infrastructure and private facilities contemplated in the Specific Plan, will be financed as follows:

Architectural Design Objectives.

Architectural Design Guidelines. The design guidelines described herein shall apply to all improvements within the Specific Plan area, including new construction, remodels, additions, landscaping, paving, signage, amenities, and related facilities. They are provided to guide developers, builders, architects, engineers, landscape architects, and others involved in the preparation of future development proposals to ensure a consistent level of quality throughout the Specific Plan area. The design guidelines will assist the City of Desert Hot Springs staff and decision-making authorities with criteria to evaluate future development proposals.

Building Mass, Form and Elements (Major Tenant). The mass of the front elevation is reduced in scale by articulating the exterior into actual exterior and interior spaces that serve merchandising functions and as spaces for pedestrian amenities. The design style evokes contemporary modern style architecture with its horizontal asymmetrical massing, natural materials, and shade casting elements. The elements are organized to exploit the sense of activity of a busy store and to create a more comfortable experience. See Specific Plan Exhibit 5 (Elevations). Vestibules shall have recessed doors and offer striking horizontal linear roof elements and are flanked by additional projecting horizontal planes which house and enclose the cart storage areas. The enclosed vestibule offers visitors both sun and wind protection.

The other exterior walls repeat many of these elements such as varied parapet heights, a generous use of decorative pilasters and alternating wall colors.

Building Materials (Major Tenant). The building’s modern and contemporary design palette features both natural and high tech materials. The focal point of the front elevation is the projected iconic identity wall with a raised linear parapet.

Color Palette. The use of complementary modern color tones shall be applied to building façades. The color palette shall be repeated on multiple structures and will act to unify the Specific Plan area. Company logos and colors shall be allowed on trims and accents.

Other Buildings. The remaining Specific Plan buildings shall be designed so as to create an architecturally unified retail center that enhances the overall retail experience.

The addition of a land use not listed in Table 3 of the Specific Plan, provided that the proposed use is equivalent in its nature and intensity to a use listed in Table 3 of this Specific Plan.

A change in utility or public service provider, or utility or public infrastructure design within the Specific Plan area.

Minor changes or adjustments to lot lines or the alignment of access roads, parking lot configurations, or public infrastructure plans such as drainage, sewer, water and other facilities.

Minor deviations from the land use plan and related policies, as contained in Section 17.30.030 of the Specific Plan.

Modifications of up to 10 percent to permitted lot coverage, setbacks, landscaping, floor area (other than the maximum allowable with the Specific Plan area), and fence and wall heights.

Approvals of plans and permit applications for rooftop and/or carport solar panels.

Approvals of sign permit applications and minor deviations to the signage plan that are consistent with the conceptual signage plan set forth in Specific Plan Exhibit 7 (Signage Plan).

Approval of a final landscape plan and minor deviations to the landscape plan that are consistent with the conceptual landscape plan set forth in Specific Plan Exhibit 6 (Landscape Plan).

Minor deviations to the conceptual plans and design guidelines, architectural details, landscape palette, building size, height, bulk, and orientation, parking lot layout, and other plan details.

Minor deviations from the Environmental Standards set forth in Section 17.30.070.

A reduction in the minimum required parking spaces, provided that a parking study demonstrates the proposed reduction in parking spaces is justified based on the mix of uses within the Specific Plan area and the use of shared parking between those uses.

Other modifications of a similar nature to those listed above which are deemed minor by the Community Development Director or designee, that are in keeping with the purpose and intent of the Specific Plan.

Application. Applications for a substantial conformance determination shall be made on forms provided by the Community Development Director or designee and shall be accompanied by a filing fee. Applications shall be made by the owner of the property for which the approval is sought, or an authorized agent. Each of the substantial conformance determinations required by this Specific Plan can be submitted and processed through one application and a pending application can be updated to include additional substantial conformance determination requests. Substantial conformance determinations are ministerial and shall only be appealable by the applicant/developer, as detailed below.

Hearing. No public hearing or public notice shall be required for a substantial conformance determination by the Community Development Director or designee.

Action by Reviewing Authority. The reviewing authority for a substantial conformance determination shall be the Community Development Director or designee. The Community Development Director or designee shall determine by providing written notice to the applicant that the proposed addition of a land use or other revision requested pursuant to this subsection is in substantial conformance with the Specific Plan if it complies with all applicable provisions of the Zoning Ordinance and is consistent with the purpose and intent of this Specific Plan. The action of the Community Development Director or designee shall be final, unless appealed by the applicant/ developer.

Appeal. In the event that the applicant/developer does not concur with the determination of the Community Development Director or designee, the applicant/developer may appeal that determination to the Planning Commission. The determination of the Planning Commission may be further appealed by the applicant/developer to the City Council. Appeals shall be submitted to the Community Development Department within 15 days of the written determination of the Community Development Director or designee. Appeal of a Planning Commission decision shall be filed with the Community Development Department within 15 days following the Planning Department’s determination.

Purpose. Amendments to the Specific Plan shall be required for revisions that are beyond the scope of substantial conformance determinations.

Process. This Specific Plan may only be amended by the voters pursuant to Election Code Section 9217 or, upon application by any of the landowners of property within the Specific Plan area, by the City Council, except that the Specific Plan may not be amended in any manner that reduces or eliminates the environmental standards required by the Specific Plan.

Lighting. Sales floor lighting within the major tenant building, exterior and signage lighting, lighting for refrigerated food cases and parking lot lighting shall consist of LED lights, substantially reducing energy consumption. Further, the major tenant shall include occupancy sensors in restrooms, break rooms, and offices. The sensors automatically shall turn the light off when the space is unoccupied. In addition, the major tenant building shall include a daylight harvesting system, which incorporates more efficient lighting, electronic continuous dimming ballasts, skylights and computer controlled daylight sensors that monitor the amount of natural light available. During periods of higher natural daylight, the system dims or turns off the store lights if they are not needed, thereby reducing energy usage.

“Cool” Roofs. The major tenant shall utilize a white membrane on its building. With a higher reflectivity, white roofs help reduce building energy consumption in most climate zones and have a lower heat island effect than a darker roofing color. This allows the roof to reflect the sun’s heat and keep it from being transmitted into the building, also reducing heat buildup by reflecting the sun’s rays and not holding heat within the membrane. Membranes are heat welded and mechanically attached, eliminating the need for solvents. Where sealants and adhesives are required, low VOC adhesives and sealants shall be utilized.

Refrigeration. The major tenant shall use non ozone-depleting refrigerants.

Heat Reclamation. The major tenant shall reclaim waste heat from onsite refrigeration equipment to supply a majority of the hot water needs for the store.

Water Conservation. The major tenant shall install high-efficiency urinals, toilets and restroom faucets.

Materials and Finishes. The major tenant’s building shall be built using cement mixes that include fly ash, a waste product of coal-fired electrical generation, and slag, a waste product of steel manufacturing, which can replace a percentage of cement in newly poured structural concrete and exterior slabs. For these areas, the major tenant’s building will have up to 20 percent mandatory replacement of cement with fly ash, or up to 25 percent mandatory replacement of slag for concrete mixes.

Non-reinforced thermoplastic panel (NRP) shall be used in lieu of fiber reinforced plastic (FRP) sheets on the walls in areas where plastic sheeting is appropriate, including food preparation areas, utility and janitorial areas, and associate break rooms. Low volatile organic compound (VOC) paint shall be used for the building’s exterior and interior field paint coatings.