STANDARD OF REVIEW:
Pursuant to Section 2.04.130 of the Cathedral City Municipal Code, an appeal hearing requested by a member of the public is limited to a review of the action by the Planning Commission. The appellant is limited to a presentation on the specific grounds of appeal and has the burden to establish cause as to why the action should be affirmed, reversed or modified. During the hearing, the City Council has the discretion to allow members of the public to speak; however, the Council’s decision should not be based on any new evidence not included in the appeal or in the record of the proceeding before the Planning Commission. After closing the public hearing, the Council should vote to either affirm, reverse or modify the Planning Commission’s approval of the Project.
SITE HISTORY:
The project site is located at 35900 Date Palm Drive, at the northeast corner of Date Palm Drive and Gerald Ford Drive, within The Crossroads shopping center, which is currently comprised of six (6) parcels. Four (4) of the parcels are currently owned by the Conditional Use Permit (CUP) applicant, including the existing 80,000 square-foot commercial building, which was formerly occupied by Burlington Coat Factory, two (2) parking areas and a vacant dirt lot immediately south of the building. The other two (2) parcels are under separate ownership and include an existing restaurant (Casa Blanca)/retail building and a bank (US Bank), which are not part of the proposed project.
The previous tenant converted the former K-Mart building into a Burlington Coat Factory through the approval of a CUP No. 07-003, Design Review 07-001 and Tentative Parcel Map No. 35591 on June 6, 2007. During this approval process, the 7.59 acres were subdivided into the current 4 commercial lots for future commercial development. As conditions of approval, and shown on the approved grading plan, a number of on- and off-site improvements were required including, but not limited to:
•All sidewalks, ramps, landings and pedestrian paths shall comply with ADA requirements.
•The on-site driveways and parking areas shall be improved with asphalt or concrete paving, curbs, gutters, and appurtenances generally as shown on the approved site plan.
•The driveways to be removed and constructed to current standards. •Install a total of six (6) streetlights that will evenly be distributed on Date Palm Drive and Gerald Ford Drive.
•In accordance with the General Plan, the applicant shall offer an additional 8 feet of right-of-way along Date Palm Drive.
Before all the improvements could be completed, Burlington Coat Factory closed this location in January 2018. The site was subsequently acquired by the applicant and no other licensed businesses have occupied the location or entitlements approved in the intervening years.
CONDITIONAL USE PERMIT 19-019:
The applicant, David Herman representing Cathedral City Event Center, submitted a CUP application on November 26, 2019, to establish and operate an event center, including exterior modifications and the construction of an adjacent outdoor parking area at 35900 Date Palm Drive which is located in the Planned Community Commercial (PCC) Zoning District. If approved, the CUP would allow for large scale private events of up to 2,025 attendees, so long as onsite parking is not exceeded (approximately 405 parking spaces). Events could take place between the hours of 7am and 1am. Any events exceeding this capacity would require a separate special use permit.
Event centers are not specifically listed as a use in the PCC Zoning District. However, similar uses to those conditionally permitted may be approved by the Planning Commission. Therefore, staff determined the use to be similar to those uses conditionally permitted in the PCC Zoning District and proceeded with the review of the application and project subject to the approval of a CUP by the Planning Commission.
The current application has evolved over time, and there have been delays in resubmittal of the project, which has delayed the entitlement process. Key dates are represented in the following timeline:
•November 26, 2019 - Original submittal proposed an event center, exterior modifications, and the construction of a parking area on the vacant lot to the south.
•February 4, 2020 – A completeness letter was provided to the applicant. •November 10, 2020 – The applicant resubmitted plans that included a revised floor plan which showed a separate office space area of approximately 25,000 square feet, basketball courts and a dog park within the parking area. •December 10, 2020 – Staff held a conference call with the applicant to discuss the proposed uses and project approval concerns. Staff recommended the project be converted to a Design Review application and obtain approval for the exterior improvements while the applicant finalize potential uses for the building. •December 14, 2020 - Applicant sent an email requesting to retrieve submitted plans to replace sheets.
•December 16, 2020 – Project was resubmitted as is being now considered, with an event center, outdoor area, basketball courts, new parking area, and fences within the interior of the parking lot.
The plans submitted on December 16, 2020, were transmitted to the Engineering, Fire and Building departments for review despite Planning staff’s outstanding completeness letter comments which were dismissed by the applicant. To continue the entitlement process as requested by the applicant, staff proceeded with the review of the project and added conditions of approval to address outstanding items from the completeness letter.
Site Plan
The project site is located at the northeast corner of Date Palm Drive and Gerald Ford Drive. The proposed project will maintain the three existing driveways servicing the commercial center, which include one along Date Palm Drive and two along Gerald Ford Drive. No changes are proposed to the layout of the existing parking areas or drive aisles. The existing landscape planters along both street frontages of the center will largely remain the same.
The applicant is proposing to construct a 7,860 square-foot patio/garden area on the south side of the existing building, facing Gerald Ford Drive. The proposed patio/garden area will be enclosed with an eight-foot (8) high split face block wall and have direct access from the existing building as well as two pedestrian exits to the parking areas.
Each exit will have doors so that the area can be secured when not in use for events.
Other onsite improvements include the addition of 48 parking spaces, landscape planters, and light standards on the south side of the building, the stripping and installation of two outdoor basketball courts at the southeast corner of the project site, within the new parking area, and the construction of a four-bin trash enclosure constructed to City standard at the rear of the building.
The project site will have a total of 405 parking spaces throughout the site and maintain the depressed loading dock located along the eastern side of the existing building. The loading area will also include a fabric shade sail near the southeast corner of the building. The applicant is requesting to fence most of the parking area, including the basketball courts, which will provide site security during non-events, and control and limit vehicular access during events. The proposed 8-foot tubular fence exceeds the maximum fence height of 6 feet permitted in the PCC Zone therefore, staff added a condition of approval requiring the approval of a variance application. The Architectural Review Committee recommended that final fence and landscape plans be brought back to the Committee for approval as there were concerns on the height and locations of the fence.
The existing building’s exterior will be retrofitted to have a modern industrial look that will remove the arched building features currently along the north and west elevations.
The building will be repainted in a grey paint scheme that will highlight the building columns with a dark gray (gauntlet gray) paint to contrast the lighter gray (alpaca) paint proposed for the body of the building. The existing main storefront will remain the primary entrance to the building, but the window frames and windows will be squared off to compliment the new modern design proposed for the building.
The site’s desertscape theme will be extended to the new planters and the applicant will be required to refresh the existing landscaping where needed. Staff verified the parking area meets the 50 percent shading requirement and the project is conditioned to meet the required lighting for safety and security in compliance with the CCMC. As such, all new and existing lighting will be downward facing and shielded to avoid spillover to the adjacent properties.
Operations
Events are proposed to be held between the hours of 7:00 AM to 1:00 AM with no more than two events per day. The applicant has indicated they plan to solicit various types of private and public events that include, but are not limited to:
•Education and career events;
•Entertainment, corporate, political, religious, and fundraising events; •Athletic and participant events;
•Swap Meet/Flea Markets; and,
•Temporary cannabis events.
The facility will not offer full kitchen services, only permitting licensed catering services during events. Other than the trash enclosure and shade cover, no other improvements or amenities are proposed at the rear of the building, adjacent to the existing residential use. The project does not intend to prohibit access to the other uses in the center during events and has committed to work with the property owners to ensure adequate access is maintained during events.
Unfortunately, due to the current COVID-19 pandemic that has led to restrictions of large gatherings and assembly uses, events that would be ideal candidates for this facility are not being held or planned at this time. Therefore, specific details and information on potential events for this facility are limited or unavailable. However, staff is deferring the finalization of certain plans and details to prior to building permit issuance, allowing staff to continue to work with the applicant and the applicant to market the facility to potential events once restrictions are lifted.
Zoning Consistency
Within the Zoning Ordinance, each Zoning District lists specific uses that are permitted or conditionally permitted within the District. However, the code does not anticipate every potential use or variant of a listed use that may occur in the future. Therefore, the City may approve other similar uses to those permitted in the Zoning District. Event centers are not specifically listed as a use in the PCC Zoning District. However, similar uses to those conditionally permitted may be approved by the Planning Commission.
Therefore, staff has determined the use to be similar to those uses conditionally permitted in the PCC Zoning District and proceeded with the review of the application/project subject to the approval of a CUP.
The PCC Zoning District, which is intended for retail and service commercial uses of a relatively high intensity, allows uses such as commercial recreation facilities, game arcades, fast-food restaurants, grocery stores, big box retail stores and private clubs and lodges, which share operational characteristics with the proposed use. As such, staff took into consideration the proposed and surrounding uses, the characteristics of the site, and the location of the project site, and determined the event center is similar to those uses conditionally permitted in the PCC Zoning District, subject to the approval of a CUP.
The surrounding uses include commercial uses to the north and west, multiple family residential to the east, and the Palm Springs Oasis RV Resort and a vacant lot to the south. Staff received letters of opposition from the residents of the adjacent residential property to the east (Jardin de Leones); which had concerns regarding the noise, attendance, hours of operation, and safety.
Architectural Review Committee Action
The Architectural Review Committee (ARC) reviewed the project on May 5, 2021, and recommended approval of the project with the condition that the final fence and landscape plans be resubmitted for final review by the Committee prior to the issuance of building permits.
The concerns raised by the ARC had to do with the aesthetic placement of the fence as well as the overall look of the property once installed since this would be the first commercial site with a fenced off general parking area along Date Palm Drive.
However, the ARC felt comfortable allowing staff to include this as a Conditions of Approval; thereby allowing the project to proceed for consideration by the Planning Commission.
Planning Commission Action
On May 19, 2021, the Planning Commission considered the project during a regularly scheduled public hearing. Although staff recommended approval of the project, the applicant expressed concern with the Conditions of Approval and requested additional time to review these items and meet with staff, if necessary. Therefore, the Planning Commission unanimously approved a motion to continue the project to the regularly scheduled July 7, 2021 meeting.
On July 1, 2021, staff met with the applicant to discuss the applicant’s concerns; however, the meeting occurred after the staff report was completed and this was not reflected in the staff report for the July 7, 2021 meeting. However, as a result of the progress made with the applicant, it was jointly agreed that a continuance should be requested to allow staff and the applicant to continue to work in addressing the applicant’s concerns related to the Conditions of Approval. Therefore, at the July 7, 2021 Planning Commission meeting, and upon the request of staff and the applicant, the Planning Commission continued the project to the regularly scheduled August 4, 2021 meeting.
In the intervening period, staff met with the applicant on five separate occasions. The primary focus of each meeting was the review of the Conditions of Approval. The applicant and staff were able to agree on revisions to conditions within Sections 1, 2 and 3 of the Conditions of Approval. These changes included the rewording of several standard conditions of approval applied to other projects. However, the applicant conveyed an impasse to many of the staff-recommended conditions found in Section 4 – Engineering, as the applicant does not agree to many of these conditions and the applicability of the Community Facilities District (CFD) fees.
Most of the conditions in the Engineering section at issue are related to on- and off-site improvements that the applicant requested to be removed. However, staff was unable, in good faith, to remove these conditions considering the nature of the application, community concerns, impacts to the site and immediate area, the intensity of the proposed use, and precedent set with other projects including those at this location.
Therefore, staff’s overall recommendation, on August 4, 2021, remained the same as previously presented, with revisions made to some conditions (highlighted for reference) in that staff report.
On August 4, 2021, staff presented the changes to the Planning Commission and recommended the project be approved subject to the newly revised conditions of approval. Staff made the Planning Commission aware of the various conditions of approval the applicant objected to. The applicant requested the Planning Commission approve their requested version of the staff report and conditions of approval which were included as an attachment. The Planning Commission was uncomfortable approving a project in which the applicant voiced an unwillingness to comply with the conditions of approval prepared by staff.
During deliberations the Planning Commission directed staff to prepare a resolution for the next Planning Commission meeting denying the project based on:
•The applicant’s unwillingness to comply with the conditions of approval, which is a required finding for a Conditional Use Permit.
•Without the conditions of approval:
oThe proposed use is detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. oThe proposed use is not in harmony with the various elements or objectives of the general plan.
oThe site for the proposed uses does not relate properly to streets and highway.
On August 18, 2020, the Planning Commission unanimously approved the resolution denying Conditional Use Permit No. 19-019.
Fee Status
As of January 28, 2022, the project had an outstanding invoice balance of $34,746.40 including staff’s time and City Attorney fees. An invoice was provided via email on July 29, 2021 for all charges through June 30, 2021. That invoice has not been paid and the only deposit to this project has been the initial $ 2,170 collected with the application.
Based on the number of meetings that the applicant has requested, staff time, and public hearing meetings the initial balance has been exhausted. In a best faith effort to continue moving the project forward, staff has not stopped working or meeting with the applicant or preparing the staff reports and Conditions of Approval required for the four (4) Planning Commission meetings.
Appeal
On August 30, 2021, the applicant submitted an appeal application packet listing the following items to be presented to the City Council:
•Was the applicant afforded “due process” by the Cathedral City Planning Department in concert with the Cathedral City Planning Commission in the consideration and review of the subject application?
•Does the Denial Resolution reflect the findings and testimony before the Cathedral City Planning Commission?
•Was and has the Cathedral City Municipal Code regarding development standards been equitably and consistently applied in the determinations of uses that listed within the development code standards and those substantially similar to the listed uses?
•Whether an event center is an appropriate use at the subject site – subject to reasonable conditions to protect conditions to protect the interests of sensitive receptors in the vicinity of the subject site?
•Whether the applicant’s proposed architectural feature changes – modification of the building façade painting the building – on the existing 80,000 square foot building be approved as set forth in the application?
•Whether the applicant should be allowed to convert 7,860 square feet of the currently unimproved approximately 28,000 square foot Parcel 4 on the south side of the existing building into a garden/patio, build dual-purpose basketball courts/parking areas on Parcel 4, and finish out the reminder of Parcel 4 as basketball courts, drive isles and parking area.
Furthermore, the applicant requests that the City Council approve the following:
“The subject application purposes the following physical changes to the subject site:
1. Parcel 1:
a. Change the current occupancy status from Retail Store to Assembly (A3). b. Remove and replace non-structural architectural details (remove foam and wire “coins” “cornices”, and other relief that is covered with stucco, reconfigure windows above the storefront) for a more appropriate and current architecture.
c. The two existing sign monuments, one each on Gerald Ford Drive and Date Palm Drive, are proposed to receive updates of their non-structural architectural details and install a modern display sign within the existing structure.
d. Add fencing to the site.
2. Parcel 2: Add fencing to the site.
3. Parcel 3: Add fencing to the site.
4. Parcel 4:
a. Install a 7,860 square foot walled-in patio/garden adjacent to the southwest corner if reg existing building;
b. On the remaining portion of Parcel 4 not improved with the garden/patio, install a dual-purpose basketball court/parking area;
c. Add fencing.
d. Add landscaping.
Staff Response (rebuttal)
Staff offers the following responses to the applicant’s requests:
•The change in occupancy is a requirement of the California Building Code and is completed during the building permit process where the applicant must demonstrate that the building complies with the Building Code. •The Architecture Review Committee recommended approval of the proposed exterior building modifications. They requested the fencing and landscape plans be submitted during to the building permit process to streamline the placement, look, and circulation of the site.
•The Municipal code notes that signage is not approved through a conditional use permit; however, the applicant can submit a sign permit application to be reviewed. This process could run concurrently but was placed as a standard condition of approval and conveyed to the applicant.
•The Conditions of Approval for this project are consistent with the type of the conditions added based on the proposed use.
•The annexation into the CFD is required as the building occupancy is proposed to change from a retail use to an assembly use, which is considered a “non-retail commercial” use. Staff did discuss the requirement in detail with the applicant and provided the supporting documentation.
Initially, the applicant opposed nearly all conditions of approval for the project. After five (5) meetings and numerous discussions with staff, as well as a Councilmember, the applicant agreed to accept most of the Planning conditions; however, to date, the applicant refuses to accept the following engineering conditions of approval pertaining to bringing the site and offsite improvements up to code:
1.Repairing, repaving and restriping the parking lot
The former tenant of the site, Burlington Coat Factory, was originally conditioned to repair, repave and restripe the parking lot. At the time, the City allowed Burlington to begin operations while completing the improvements in stages. However, Burlington closed this location and the property owner did not complete the improvements.
Planning Staff have visited and photographed the project site and noted the parking lot’s degraded state, and the City Engineer has determined that repairs are needed to bring the parking lot conditions up to code. The City Engineer is available to provide additional technical justifications for the improvements to the parking lot.
2.Improvements of Date Palm Drive frontage
The Cathedral City General Plan describes Date Palm Drive as an arterial highway (GP Exhibit III-6) and a SunLine bus thoroughfare (Line 30), as well as a “major road with local importance;” and development proposals should be analyzed by City staff to determine impacts to mid-block road sections and intersections. (GP Policy CM-45).
The General Plan further specifies that staff should identify development impacts from the project and establish fair-share mitigation to be incorporated into conditions of approval.
The identified frontage improvements have been analyzed by the City Engineer and determined to be necessary to ensure compliance with the General Plan buildouts. In addition, the project’s proposed uses, including larger scale events, are anticipated to result in a much greater concentration of traffic than the previously approved retail uses.
Therefore, the identified conditions of approval are being imposed to mitigate the current and future development impacts.
On-Site Activity
During the course of this entitlement process, the applicant has requested various tenant improvements which the City has approved in order to work collaboratively and help the applicant make progress. Those tenant improvements that have been issued Building permits include:
•June 21, 2018: The applicant was approved a Special Use Permit (SUP 18-016) to install temporary traffic control barriers and fences throughout the site. •July 23, 2018: B18-1196 permitted the demolition of interior non-bearing walls, installation of a new roof hatch, creation of an opening in a non-bearing wall, and installation of hose bibs.
•November 27, 2019: B19-2169 permitted the demolition of the existing restrooms and the construction of 12 new ADA accessible restrooms, electrical and plumbing, and the installation of exhaust fans.
The City has also had to interject and issue stop work orders for the following unpermitted activities:
•Unpermitted demolition activity within the interior of the building. •Unpermitted business use and grading of the vacant south parcel (Parcel 4).
Similar Use Determination
Based on the proposed use, staff determined the project possessed unique characteristics and therefore required special consideration to mitigate impacts thus requiring a CUP application. An event center is not listed as a permitted, conditional use, nor prohibited use in the PCC zoning district. The CCMC allows staff to consider similar uses to be approved by the Planning Commission and since the proposed use follows the purpose and intent of the PCC district staff proceeded with the CUP application.
The applicant, on numerous occasions, has requested staff consider defining the event center as a community center and given a similar operating consideration like the City’s amphitheater. While a community center offers a similar function of providing a gathering space for people, groups and organizations in a particular area to meet and do things a notable difference would be that the applicant use will be privately owned and operated. While staff agrees that both can be used for similar events, Section
11.44.050 (Parks and Recreation Areas) mentions that a community center would be overseen by the City Manager who shall have the power and authority to promulgate rules and regulations governing the use and enjoyment by the public or individuals at such a place. Therefore, staff continues to not approve the applicant’s request to define the proposed use as a community center.
In addition, staff would be opposed to linking the similar operating characteristics since the amphitheater requires the approval of a Special Use Permit (SUP) with every event.
Keeping the uses separate would permit the applicant to operate any indoor event without the need of obtaining an SUP. Lastly, the applicant’s concern of proposing a use that is either defined as permitted or conditional use would not alter or change the entitlement process that this project has undergone, but instead simply result in changing the applicable project title from a conditional use permit to a design review.
Both applications would undergo the same review by staff and approval process by the Architectural Review Committee and Planning Commission.
Discontinued Use of Site
Per CCMC Section 9.08.020 the City defines “Abandoned” as “the discontinuance of a use for a period of at least ninety days, wherein the discontinuance includes such overt acts as the removal from the site and/or buildings(s) of equipment and/or personnel that are integral to the conduct of the use, or the failure to notify the city of plans to continue the same use of the property and the specific time frame for continuing with the use.” Therefore, based on the definition any proposed use whether it is permitted or a conditional use in the PCC zoning district would be subject to a discretionary review.
Public Comments/Concerns
The surrounding uses include commercial uses to the north and west, multiple family residential to the east, and the Palm Springs Oasis RV Resort and a vacant lot to the south. Staff received letters of opposition from the residents of the adjacent residential property to the east (Jardin de Leones). The Jardin De Leones is a 55 and older senior citizen housing development comprised of 44 condominium units. Several residents and the Homeowners Association attorney contacted staff with concerns regarding the noise, attendance, hours of operation, and safety of the proposed use. They vehemently opposed the project and noted that the applicant of the project never reached out to the HOA to discuss the project or address any of the concerns voiced by the residents.
As part of staff’s review of the proposed project and potential events, conditions of approval were included mitigating concerns relating to noise, attendance, hours of operation, and safety concerns reside by the adjacent residents. Those conditions of approval included, but were not limited to, the follow requirements:
•Requiring noise, lighting and parking to comply with the CCMC. •Any of the following type of events would require a SUP:
oAny outdoor event or event with an outdoor component
oCannabis events
oAny event or activity that will exceed the maximum building occupancy oAny event requiring additional parking beyond what is provided on the project site
•Require loading and unloading to only occur in designating loading areas While staff has done its best to address and mitigate the concerns of the adjoining properties, the residents of the HOA insist the consistent disturbance created by the event center would be greater than that created by a retail use such as the previous use.
PUBLIC NOTIFICATION:
The project and appeal hearing have been noticed in accordance with the City Municipal Code.