HomeMy WebLinkAboutCC Reso 2022-50 RESOLUTION NO. 2022- 50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA MAKING FINDINGS IN
SUPPORT OF ITS DECISION TO REVERSE THE DECISION OF THE
PLANNING COMMISSION AND APPROVE CONDITIONAL USE
PERMIT NO. 21-016 AS AMENDED
WHEREAS, on December 16, 2021, Sage Victoria CC, LLC, ("Applicant") submitted
an application fora Conditional Use Permit ("CUP No. 21-016" or "Project") to construct
and operate a five pump fuel station (10 vehicle fueling positions) and an approximately
174 square foot attendant kiosk on an approximately 0.65 acre site at the southeast
corner of Date Palm Drive and Victoria Drive (Assessor's Parcel Number 673-172-001)
in the City of Cathedral City ("City"); and
WHEREAS, on June 1, 2022, the Cathedral City Planning Commission ("Planning
Commission") considered CUP No. 21-016 during a regularly scheduled and duly noticed
public meeting. After receiving public testimony, and at the applicant's request, the
Planning Commission continued the consideration of the Project to a date uncertain to
allow for the Applicant to conduct community outreach; and
WHEREAS, on July 20, 2022, during a regularly scheduled and duly noticed public
meeting, after receiving public testimony and closing the public hearing, the Planning
Commission voted to deny the Project and directed City staff to prepare a resolution with
findings for denial, adopting the same on August 3, 2022; and
WHEREAS, On July 29, 2022, Applicant submitted a timely appeal in accordance
with Section 9.72.080(A), and requested a City Council hearing date of October 12, 2022;
WHEREAS, On October 12, 2022, the Cathedral City City Council ("City Council")
considered Applicant's appeal during a regularly scheduled and duly noticed public meeting,
and after receiving public testimony and closing the public hearing, voted to reverse the
Planning Commission's decision and approve the Project as amended, directing staff to
prepare a resolution making the appropriate findings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council considered all of the evidence submitted into the
administrative record forthe decision supported by this City Council Resolution No.
2022-50, including, but not limited to, the following:
(a) The application for CUP No. 21-016, including the appeal application;
(b) The Cathedral City Municipal Code, the Cathedral City General Plan, and Specific
Plan No. 90-43A;
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(c) Staff Reports prepared by Robert Rodriguez dated June 1, 2022, July 20, 2022,
August 3, 2022, and October 12, 2022, respectively, including the Conditions of
Approval and all other Exhibits attached thereto;
(d) Staffs presentation at the Planning Commission meetings held on June 1, 2022,
and July 20, 2022, respectively, as well as the City Council meeting held on
October 12, 2022;
(e) Testimony and/or comments from interested parties, including the Applicant and its
representatives, submitted to the City in both written and oral form at, or prior to,
the Planning Commission meetings held on June 1, 2022, and July 20, 2022,
respectively, and at the City Council meeting held on October 12, 2022; and
(f) Public comments, both written and oral, received and/or submitted at, or prior to,
Planning Commission meetings held on June 1, 2022, and July 20, 2022
respectively, and at the City Council meeting held on October 12, 2022.
Section 2. Pursuant to the provisions of the California Environmental Quality
Act (CEQA), the City has made the following environmental determinations:
The proposed project is Categorically Exempt under Section No.15332, (Class No.
32, In-Fill Development Projects) of the State CEQA Guidelines, which allows an
exemption for projects characterized as in-fill development meeting the following
conditions:
(a) The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and
regulations.
The Project site has a General Plan Land Use Designation of General Commercial
(CG). This land use designation provides for the development of commercial
centers that serve the entire community and the larger regional market, including
supermarket anchors and big box retailers. The Project will be directly associated
with the Food4Less supermarket located in the Cathedral City Marketplace, a strip
commercial center that is caddy-corner to the Project site. The Food4Less serves
as the supermarket anchor for the Cathedral City Marketplace.
The Project is particularly consistent with Policy 2 of the Commercial Goals,
Policies and Programs of the General Plan: "Major community and regional
commercial development shall be located where it can take advantage of major
roadways and highways, such as Interstate-10 and East Palm Canyon Drive,
maximizing the drive-by market along such arterials and minimizing impacts on
residential neighborhoods." The Project will provide fuel and snacks for purchase
by members of and visitors to the community. The Project will have frontage along
Date Palm Drive, which is classified by the General Plan as a major local roadway
that interconnects with major arterials, including Interstate 10. The design of the
Project site provides for one-way traffic through the site to allow for the efficient
movement of vehicles, allowing for motorists to quickly refuel and continue towards
their destination, in line with Policy 2. Because of the Project's location on Date
Palm and site design, this will maximize the drive-by market, minimizing impacts
on residential neighborhoods consistent with the Commercial Goals, Policies and
Programs.
The Project site is also located in Specific Plan No. 90-43A and the Planned
Community Commercial (PCC) zone, both of which allow for automobile service
stations, including fuel stations, with the approval of a Conditional Use Permit.
(b) The proposed development occurs within the city limits on a project site of no more
than five acres substantially surrounded by urban uses.
The approximately 0.65 acre project site is located within the City and has been
previously developed. The project site is surrounded by commercial and residential
uses, and directly fronts Date Palm Drive, a major local roadway.
(c) The project site has no value as habitat for endangered, rare or threatened
species.
The project site has been previously developed and disturbed such that it has no
habitat value. Due to previous disturbances within the site, a biological report was
not required.
(d) Approval of the project would not result in any significant effects in relation to traffic,
noise, air quality or water quality.
As analyzed in the Air Quality and Greenhouse Gas Impact Study, Geotechnical
Engineering Report and Percolation Testing, Noise Impact Study, Phase 1
Environmental Site Assessment, Preliminary Hydrology Report and Traffic Impact
Analysis, prepared by the Applicant for the Project and reviewed by City staff,
implementation of the Project would not result in any significant effects related to
traffic, noise, air quality, or water quality. Moreover, the Air Quality/Greenhouse
Gas Impact Study included a Health Risk Assessment that studied specific air
pollutants associated with gas stations and determined that the impacts of these
pollutants on local health risks would be less than significant. The Project will also
employ fuel station-specific safety measures including double lined fuel tanks with
leak sensors as well as a vapor recovery system in compliance with Southern
California Air Quality Management District (SCAQMD) Rule 461.
(e) The site can be adequately served by all required utilities and public services.
Water and sewer services to the Project site would be provided by the Coachella
Valley Water District (CVWD). The Project will connect a 2-inch water line to the
existing water line beneath Date Palm Drive, and a four-inch sewer line to the
existing sewer line beneath Victoria Drive. Electricity will be provided by
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Southern California Edison (SCE) and gas will be provided by The Gas Company.
These services will adequately serve the Project site.
Section 3. The City Council considered all of the evidence submitted into the
administrative record for proposed CUP No. 21-016 and bases its reversal of the
Planning Commission's decision and approval of the Project on the following findings,
pursuant to Sections 9.72.010 and 9.72.040(A) of the Cathedral City Municipal Code:
CCMC Section 9.72.040(A):
Prior to making the findings listed in Section 9.72.010 of this chapter, the planning
commission and/or the city council should in its deliberation consider whether the
proposed use at the proposed location is detrimental to other existing and
permitted uses in the general area thereof and relates properly to existing and
proposed streets and highways.
The Project site has a zoning designation of Planned Community Commercial
(PCC). Automobile service stations, which include fuel stations, are an allowed
use in the PCC zone subject to the approval of a CUP (CCMC Section 9.30.030).
The Project complies with all of the development standards in the PCC zone
applicable to automobile service stations. In addition, the Project is subject to
Conditions of Approval that further mitigate any potential impacts from the Project
on other uses in the general area.
As analyzed in the Air Quality and Greenhouse Gas Impact Study, Geotechnical
Engineering Report and Percolation Testing, Noise Impact Study, Phase 1
Environmental Site Assessment, Preliminary Hydrology Report and Traffic Impact
Analysis, prepared by the Applicant for the Project and reviewed by City staff,
implementation of the Project would not result in any significant effects to the
environment related to traffic, noise, air quality, or water quality. Moreover, the Air
Quality/Greenhouse Gas Impact Study included a Health Risk Assessment that
studied specific air pollutants associated with gas stations and determined that the
impacts of these pollutants on local health risks would be less than significant.
The Project directly fronts Date Palm Drive, which is a major local roadway in the
City that connects the City to Interstate 10. The Project will provide motorists with
an opportunity to fill up on fuel whether traveling to or from Interstate 10 on Date
Palm Drive. As discussed further in Section 3(e) below, the Applicant prepared a
Traffic Impact Analysis (TIA) that was reviewed by City staff and determined that
the impacts of the Project on traffic would be less than significant. Because the
Project is a fuel station to be located on a major local roadway, and because the
impacts of the Project on traffic would be less than significant pursuant to the TIA,
the Project relates properly to the existing streets and highways.
Additional Applicant-proposed features are designed to further alleviate any
impacts to surrounding uses, particularly the residential uses across Eagle
Canyon Drive. The Project will increase the height of the proposed slump wall
between the Project site and Eagle Canyon Drive to provide additional privacy,
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aesthetic, and noise protection. The Project will also install enhanced landscaping,
including fractured rock to prevent individuals from congregating behind the wall
and in front of the residences. To address security concerns, the Project will
employ monitored security cameras and will have staff onsite during operation.
The Project will be regularly patrolled by private security after hours. These
additional features will all help ensure that the proposed use at the proposed
location will not be a detriment to the surrounding uses.
CCMC Section 9.72.010:
(a) The use applied for at the location set forth in the application is properly one for
which a conditional use permit is authorized by this chapter.
As noted in Section 3(a), above, automobile service stations, including fuel
stations, are allowed within the PCC zone with the approval of a Conditional Use
permit.
(b) The use is necessary or desirable for the development of the community, is in
harmony with the various elements or objectives of the general plan, and is not
detrimental to existing uses or to uses specifically permitted in the zone in which
the proposed use is to be located.
The Project site has been vacant since 1998 due to its small size and orientation.
The fuel station is a viable use for the site and will benefit the City through the
collection of property and sales taxes. The Project will provide motorists with an
additional option for fueling their vehicles. The location of the Project on Date Palm
Drive, a major local roadway that connects the City to Interstate 10, will provide a
convenient option for motorists to fill up on gasoline for both short-distance and
long-distance travel. The Project also will be directly associated with the
Food4Less supermarket that is located caddy-corner to the Project site in the
Cathedral City Marketplace. The fuel center operations will include cross
marketing and loyalty discounts for Food4Less customers, and will serve as a
source of revenue for the underperforming supermarket.
The Project site has a General Plan Land Use Designation of General Commercial
(CG). This land use designation provides for the development of commercial
centers that serve the entire community and the larger regional market, including
supermarket anchors and big box retailers. The Project is particularly consistent
with Policy 2 of the General Plan Commercial Goals, Policies and Programs:
"Major community and regional commercial development shall be located where
it can take advantage of major roadways and highways, such as Interstate-10 and
East Palm Canyon Drive, maximizing the drive-by market along such arterials and
minimizing impacts on residential neighborhoods." The Project will provide fuel
and snacks for purchase by members of and visitors to the community. The Project
will have frontage along Date Palm Drive, which is classified by the General Plan
as a major local roadway that interconnects with major arterials, including
Interstate 10. The design of the Project site provides for one-way traffic through
the site to allow for the efficient movement of vehicles, allowing for motorists to
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quickly refuel and continue towards their destination, in line with Policy 2. The
Project's location on the major local roadway of Date Palm Drive will maximize the
drive-by market, minimizing impacts on residential neighborhoods consistent with
the Commercial Goals, Policies and Programs.
The Project site is also located in Specific Plan No. 90-43A, which allows for
automobile service stations, including fuel stations, limited to the frontage of Date
Palm Drive with the approval of a Conditional Use Permit. The Project is also
consistent with Goal B of the Specific Plan: "To enhance traffic safety by
minimizing direct access to Date Palm Drive," as well as Goal B's objective: "To
provide access alternatives through common driveways and aisles throughout the
Specific Plan area." The Project employs a one-way ingress and egress that
minimizes direct access to Date Palm Drive via a shared egress with the
neighboring commercial site. Further, the Project will construct a dedicated right-
turn pocket lane on Victoria Drive for the single point of ingress to the Project site.
The single point of ingress from Victoria Drive helps further reduce direct access
to Date Palm Drive. Moreover, the dedicated right turn pocket lane on Victoria
Drive will help prevent traffic buildup along both Victoria Drive and Date Palm
Drive. Through the employ of the pocket lane as well as the single points of ingress
and egress, the Project will enhance traffic safety by minimizing access to Date
Palm Drive. By utilizing a shared driveway for egress, the Project also provides an
access alternative.
The City does not currently have, nor was it contemplating during its consideration
of the Project, any limitation on the number or concentration of gas stations within
any specific geographic area of the City. In addition, no expert or other credible
testimony was provided at the public hearings to indicate that the addition of this
gas station would cause an overconcentration of such uses within the City.
The Applicant has proposed additional improvements to provide enhanced traffic
safety in furtherance of Goal B of Specific Plan 90-43A, including replacement of
the stop signs at the intersection of Victoria Drive and Eagle Canyon Drive with
flashing stop signs, the installation of a flashing speed limit sign on Victoria Drive,
and the installation of a right turn only sign to direct traffic towards the single
shared egress on Date Palm Drive, away from the residences located on Eagle
Canyon Drive.
Lastly, the Project is consistent with and will comply with all applicable
development standards in Specific Plan 90-43A as well as for the PCC zone:
A. Lot size and configuration standards shall be the same as those in the PLC
district;
The Planned Limited Commercial (PLC) zoning district requires a minimum
lot area of eight thousand gross square feet. The Project site is
approximately 0.65 acres or 28,205 square feet in size, exceeding the
minimum.
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B. Maximum building height shall be thirty-six feet;
The tallest structure on the Project site will be the pump station canopy,
which will measure 19 feet in height from elevation to the top of the canopy.
C. All products produced on site, if any, whether primary or incidental, shall be
sold at retail on the premises and no more than two persons shall be
engaged in such production (except in cafe or restaurant uses) or in the
servicing of materials;
No products will be produced on site.
D. All signs shall conform to the standards of the sign regulations;
Signs will conform to the Cathedral City sign regulations and will require a
separate permit.
E. Enterprises which produce or cause any dust, gas, smoke, noise, fumes,
odors or vibrations which in the opinion of the planning commission are
detrimental to other property in the neighborhood or to the welfare of the
occupants are not permitted;
The Air Quality and Greenhouse Gas Impact Study, Noise Impact Study,
and Traffic Impact Analysis submitted by Applicant and reviewed by City
staff and considered by the City Council in its decision concluded that no
such impacts would occur to a level of significance. Moreover, the Air
Quality/Greenhouse Gas Impact Study included a Health Risk Assessment
that studied specific air pollutants associated with gas stations and
determined that the impacts of these pollutants on local health risks would
be less than significant. The Project will also employ fuel station-specific
safety measures including double lined fuel tanks with leak sensors as well
as a vapor recovery system in compliance with Southern California Air
Quality Management District (SCAQMD) Rule 461. These measures will
help ensure that the Project will not be detrimental to other property in the
neighborhood or to the welfare of occupants.
(c) The site for the intended use is adequate in size and shape to accommodate such
use and all of the yards, setbacks and walls or fences, landscaping and other
features required in order to adjust such use to those existing or permitted future
uses on land in the neighborhood.
As noted in Section 3(c), above, the Project is consistent and will comply with all
development standards in Specific Plan 90-43A as well as for the PCC zone,
including setbacks from the nearest residential use. The Project site is
approximately 0.65 acres in size, which is adequate to allow for the five pump fuel
station and associated kiosk. The Project site is also sufficient in shape and size
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to allow for additional Applicant-proposed features to further alleviate any impacts
to surrounding uses, particularly the residential uses across Eagle Canyon Drive.
The Project will increase the height of the proposed slump wall between the
Project site and Eagle Canyon Drive to provide additional privacy, aesthetic, and
noise protection. The Project will also install enhanced landscaping, including
fractured rock to prevent individuals from congregating behind the wall and in front
of the residences. The Project site's size and shape allow for these site
enhancements to help adjust the Project to the existing uses in the neighborhood
(d) The site for the proposed uses relates properly to streets and highways which are
designed and improved to carry the type and quantity of traffic generated or to be
generated by the proposed use.
The Applicant prepared a Traffic Impact Analysis (TIA) that was reviewed by City
staff and determined that the impacts of the Project on traffic would be less than
significant. The TIA analyzed traffic levels of service south and north of Victoria
Drive along Date Palm Drive, as well as east of Date Palm Drive on Victoria Drive.
The analysis included existing conditions, conditions upon Project completion, and
cumulative conditions with the Project in addition to existing uses provided in
Appendix F of the TIA. The TIA the stated that the Project is anticipated to
generate approximately 998 total daily trips, 42 AM peak hour trips and 82 PM
peak hour trips. Per the analysis results, all analyzed intersections and roadways
would be operating at an acceptable level of service upon Project completion,
including under cumulative conditions. Pursuant to the results of the TIA, Date
Palm Drive and Victoria Drive are designed and improved to carry the type and
quantify of traffic generated by the Project.
(e) The applicant agrees to comply with any and all of the conditions imposed by the
review authority or be subject to a revocation hearing.
During the October 12, 2022 City Council meeting, the Applicant agreed to the
Conditions of Approval, including additional Conditions prepared by staff, as well
as the Applicant. The approval of the CUP is subject to those Conditions.
Section 4. The City Council's approval of the Project is subject to the following
additional Conditions of Approval to protect the health, safety and general welfare of the
neighborhood and community agreed to by Applicant during the City Council Meeting on
October 12, 2022:
(a) 3.34 - During construction, the contractor shall ensure that all construction
equipment is equipped with appropriate noise attenuating devices which reduce
the level of heavy equipment by 10 dB.
(b) 3.35 - The contractor shall locate equipment staging areas that will create the
greatest distance between construction-related noise/vibration sources and
sensitive receptors nearest the project site during all project construction.
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(c) 3.36 - Idling equipment shall be turned off when not in use.
(d) 3.37 - Equipment shall be maintained so that vehicles and their loads are secured
from rattling and banging.
(e) 3.38 - All vending machines, including but not limited to, ice, propane and outdoor
storage or display of merchandise shall be prohibited.
(f) 3.39 —A landscape lighting plan shall be submitted to the Planning Department for
review and approval prior to building permit issuance.
Section 5. The City Council's approval of the Project is also subject to the
following Applicant-presented modifications to the Project presented during the
October 12, 2022 City Council Meeting, which are incorporated as additional
Conditions of Approval for the Project subject to approval by the City Engineer
and/or the Director of Planning, as appropriate:
(a) Increase the height of the proposed slump wall between the easterly portion of the
Project site and Eagle Canyon Drive from six feet to seven feet (requires an
administrative variance).
(b) Enhance landscaping along the eastern side of the proposed slump wall abutting
Eagle Canyon Drive with 3"-6" fractured rock and weed block.
(c) Replace existing stop signs at the intersection of Victoria Drive and Eagle Canyon
Drive with flashing versions.
(d) Install a new, flashing speed limit sign for eastbound traffic on Victoria Drive
between Date Palm Drive and Eagle Canyon Drive.
(e) Install a new "right turn" exit sign directing egress traffic towards Date Palm Drive
and away from Eagle Canyon Drive.
(f) Enhance the striping of existing crosswalks on Victoria Drive at Date Palm Drive
and Eagle Canyon Drive.
(g) Conduct regular security patrols of the Project site after hours.
Section 6. In view of all of the evidence, and based on the foregoing findings
and conclusions, the City Council hereby reversed the decision of the Planning
Commission and approves CUP No. 21-016.
Section 7. The Secretary shall certify as to the adoption of this resolution
and shall cause the same to be processed in the manner required by law.
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THE FOREGOING RESOLUTION WAS APPROVED AND ADOPTED on this
26th day of October, 2022 by the following vote:
AYES: Councilmembers Gregory, Ross and Carnevale; Mayor Pro Tem
Lamb and Mayor Gutierrez
NOES:
ABSTAIN:
ABSENT:
Ernesto M. Gutierrez, Mayor
ATTEST:
of,i/l , Li NYU1FirA -
Tracey R. Bermosillo, City Clerk
APPROVE P AS TO LEGAL FORM:
Eric . Vai , City Attorney
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