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Staff Report
City Council
Item No. 5.A
Meeting Date: September 14, 2022
From: Robert Rodriguez, Director of Planning/Building
Title: Planned Unit Development No. 21 -001, Tentative Parcel Map No. 37876, Conditional Use Permit Nos. 21 -006, 21-007, 21-008 and 21 -009, Design Review Nos. 21 -001, 21 -002 and 21 -003, Zone Ordinance Amendment No. 21 -001, and Master Sign
Program No. 22-019
RECOMMENDATION:
That the City Council, based on the recommendation of the Planning Commission:
1. Adopt the Mitigate d Negative Declaration and associated Mitigation Monitoring and Reporting Program (MMRP) in accordance with the California Environmental Quality Act and based on the Initial Study attached hereto;
2. Introduce, provide first reading, by title only, and wa ive further reading of Zone Ordinance Amendment No. 21 -001, making certain textual changes to Chapter 9.31, Mixed Use Commercial, of the Cathedral City Municipal Code, based on the findings and conclusions in the staff report;
3. Approve Planned Unit Deve lopment No. 21 -001, Tentative Parcel Map No. 37876, and Design Review Nos. 21 -001, 21 -002 and 21 -003 based on the findings and conclusions in the staff report and subject to the attached Conditions of Approval and final adoption of Zone Ordinance Amendment No. 21-001;
4. Approve Conditional Use Permit Nos. 21 -006, 21-007, 21-008 and 21 -009 based on the findings and conclusions of the staff report and subject to the attached Conditions of Approval and final adoption of Zone Ordinance Amendment No. 21-001; and
5. Approve Master Sign Program No. 22 -019 based on the findings and conclusions of the staff report and subject to the attached Conditions of Approval.
FINDINGS:
THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION AND ASSOCIATED MMRP BASED ON THE FOLLOWING FINDINGS:
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1. The record as a whole, including the initial study and any comments received, demonstrates that there is no substantial evidence that the project will have a significant effect on the environment with the implementation of the mitigation measures;
2. The Mitigated Negative Declaration reflects the Lead Agency’s independent judgment and analysis;
3. In accordance with Section 15074, Chapter 3, Title 14, of the California Code of Regulations (State CEQA Guidelines), the Mitigation Mo nitoring and Reporting Program contained Initial Study and Mitigated Negative Declaration, dated July 2022, shall serve as the City’s reporting program for monitoring the mitigation measures specified in the Mitigated Negative Declaration; and
4. The Cathedral City Planning Department is the custodian of the documents or other material that constitute the record of proceedings upon which this decision is based.
THAT THE CITY COUNCIL APPROVE PLANNED UNIT DEVELOPMENT NO. 21-001, TENTATIVE PARCEL MAP NO. 37876 AND DESIGN REVIEW NOS. 21 -001, 21-002 AND 21 -003 S UBJECT TO THE ATTACHED CONDITIONS OF APPROVAL AND BASED ON THE FOLLOWING FINDINGS:
1. The proposed project meets the intent of the Planned Unit Development regulations, to facilitate a comprehensively planne d development in accordance with applicable Zoning regulations;
2. The proposed project is compatible with existing and planned land uses and with circulation patterns on adjoining properties, and will not be a disruptive element to the neighborhood or community;
3. The site plan including: traffic circulation, on -site and off -site safety considerations, pedestrian circulation and safety, arrangement of off -street parking and loading facilities, and provision of municipal and public services will meet all appli cable City code requirements;
4. The development as proposed will benefit the community by development of a vacant urban parcel and by attracting people to the area who will also likely patronize various commercial and retail uses located in the vicinity;
5. The proposed land division is consistent with the DTC (Downtown Commercial) designation of the General Plan and the development standards of the MXC (Mixed Use Commercial) zoning district;
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6. The site of the proposed land division is physically suitable for t he proposed development;
7. The design of the proposed land division and the required improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed land division; and
8. The applicant agrees to comply with any and all the conditions imposed by the Planning Commission and City Council or be subject to a revocation hearing.
THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT NOS. 21 -006, 21-007, 21 -008 AND 21 -009 AND ZONE ORDINANCE AMEN DMENT NO. 21 -001
SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL AND BASED ON THE FOLLOWING FINDINGS:
1. With the approval of the associated Zone Ordinance Amendment, the Project, which is utilizing the provisions of the MXC (Mixed Use Commercial) Zoning Dis trict, will be authorized as a conditional use per the City of Cathedral City Zoning Ordinance, Chapters 9.31;
2. The Project is desirable for the development of the community in that it provides a desired service for local residents, 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 MXC Zoning District;
3. The site for the Project is adequate in size and shape to accommodate the proposed uses and has been reviewed, and specific conditions added, to ensure that the Project is compatible with the existing or permitted future uses in the neighborhood;
4. The site for the Project relates properly to East Palm Canyon Drive and Date Palm Drive which are designed a nd improved to carry the type and quantity of traffic generated or to be generated by the Project;
5. The drive-thru lanes and gas station canopy are screened from the public right -of- way and adjacent properties or uses;
6. The Project does not constitute a nu isance to adjacent property owners due to traffic, noise, odors, or lighting;
7. The Project does not create vehicular congestion on site, on adjacent properties, or with the public right-of-way;
8. The drive-thru facilities do not conflict with pedestrian movements;
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9. The architecture of the Project is of a superior quality and consistent with that of the surrounding area;
10. The Project and associated signage are integrated into the architecture of the building; and
11. The applicant agrees to comply with any and all the conditions imposed by the Planning Commission and City Council or be subject to a revocation hearing.
THAT THE CITY COUNCIL APPROVE MASTER SIGN PROGRAM NO. 22 -019
SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL AND BASED ON THE FOLLOWING FINDINGS:
1. The proposed sign(s) does not constitute a detriment to public health, safety, and welfare;
2. The proposed sign(s) is in compliance with all applicable City codes, including but not limited to electrical codes;
3. The Master Sign Program complies with the p urpose and intent of Chapter 9.62 (Signs), including all requirements and other special provisions as specified in this chapter;
4. The proposed Master Sign Program is in harmony with and enhances the overall development and surrounding structures; and
5. The Master Sign Program complies with the standards of Chapter 9.62, except that flexibility is allowed in the planning commission’s interpretation of appropriate sign area, number, location, and/or height to the extent that the master sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purpose of Chapter 9.62.
BACKGROUND:
The applicant, Francis Chu representing Fountainhead Shrugged LLC, is proposing the development of commercial and residenti al uses, including restaurants, retail, a convenience market and fueling station, and future multi -family residential on approximately 13.93 acres located at the southwest corner of Date Palm Drive and East Palm Canyon Drive (Highway 111), within the MXC ( Mixed Use Commercial) and DRN (Downtown Residential Neighborhood) zoning districts.
The undeveloped project site consists of 15 irregular shaped lots and is bounded by East Palm Canyon Drive on the north, Van Fleet Avenue on the west, D Street on the south, and the East Cathedral Canyon Flood Control Channel on the east. The project site is contiguous except for a public street/driveway (referred to as A Street on the site
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plan) to the existing commercial building near the northwest corner of the project si te, separating proposed Parcel 7 and Parcel 8.
The commercial portion of the project is approximately 5.8 acres and will be located along East Palm Canyon Drive. The remaining 8.05 acres, which is located at the rear of the project site, south of the propo sed commercial portion, will be for a future multi - family residential development. However, development plans have not yet been prepared and this portion of the project site will remain vacant until such plans are prepared and approved by the City through a separate entitlement process.
Applications
The proposed project requires the approval of a Planned Unit Development (PUD) application, Tentative Parcel Map (TPM), Conditional Use Permits (CUP), Design Reviews (DR), Zone Ordinance Amendment and Master Sig n Program. The inclusion of a Zone Ordinance Amendment requires approval of the proposed project by the City Council in addition to a recommendation of approval by the Planning Commission.
A PUD is a comprehensive development plan that encourages imaginati ve and innovative planning through flexibility in design and allows for the establishment of development standards and design guidelines. The TPM will subdivide the project site into 9 parcels to allow for the proposed mix of uses. Each proposed building w ill be located on its own parcel. The parking for Parcel 7/Building 7 will be located on Parcel
8. A breakdown of the proposed parcels and buildings are shown in the table below.
Parcel Parcel SF Proposed Use Building SF
Parcel 1 38,477 SF Restaurant with Drive-thru Building 1 - 1,900 SF Parcel 2 34,765 SF Retail/Restaurant Building 2 - 6,650 SF Parcel 3 28,158 SF Restaurant with Drive-thru Building 3 - 2,325 SF Parcel 4 47,006 SF Restaurant with Drive-thru Building 4 - 3,300 SF Parcel 5 48,703 SF Convenience Market and Fuel
Station
Building 5 - 3,700 SF
Parcel 6 36,373 SF Retail/Restaurant Building 6 - 4,000 SF Parcel 7 10,273 SF Retail/Restaurant Building 7 - 2,500 SF Parcel 8 13,898 SF Parking -
Parcel 9 8.05 Acres Residential (Future) -
The project proposes three buildings with drive -thru facilities and a convenience market with fueling station. These uses are currently not permitted within this area of the MXC zoning district. Therefore, a Zone Ordinance Amendment is proposed to allow these
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uses without conflicting with the zoning district. Drive -thru facilities and convenience markets and fueling stations may only be permitted with approval of a CUP.
The CUPs are for the three drive -thru facilities and convenience market with fueling station. The DRs are for the three proposed multi -tenant retail/restaurant buildings. The Master Sign Program is for the approval of all signage, including pylon, monument and individual tenant signs.
Site Plan, Architecture and Landscaping
The commercial portion o f the development will consist of seven single -story, free - standing buildings, and a 12 -pump gas canopy, located across the front portion of the site, parallel with East Palm Canyon Drive. The buildings and canopy, ranging in heights from 22’ to 29’, will be setback a minimum of 30’ from East Palm Canyon Drive.
Each building will be located on a separate parcel, each provided with parking spaces that exceed the minimum number of spaces required, and will include an ADA van accessible space, a minimum 10’ x 25’ loading area, and a trash enclosure constructed to City Standard. Designated CAV (Clear -Air Vehicle) and EV spaces will also be provided throughout the development.
Except for the convenience market and fuel stations, all other buildings will feature a n outdoor patio/dining area ranging in size from approximately 440 to 1,536 square feet.
Two additional common patio areas will be provided along the frontage of the site, near the sidewalk along East Palm Canyon Drive, that can be conveniently used by the patrons of Buildings 1 – 4 and the general public.
The commercial portion of the project is proposing to use the existing four access points. The main access points into the development will be from existing signalized intersections at Date Palm Drive and Allen Avenue (across from the Casino’s main entrance) along East Palm Canyon Drive and both will feature decorative paving. The other existing access point on East Palm Canyon Drive will remain as a right in/right out only. The existing two -way access alo ng Van Fleet Avenue will also be maintained.
Access for the future multi -family residential will be evaluated during the entitlement process for that project.
As part of the proposed project, East Palm Canyon Drive will be widened to three lanes from Van Fleet Avenue to Date Palm Drive, except along the frontage of the existing building, between Parcel 6 and 7. The extension of Date Palm Drive, south of East Palm Canyon Drive, will be reconstructed as it will serve as one of the main access points into the center.
The buildings will have a shared modern architectural style and color scheme featuring multiple roof lines for visual interest and vertical building modulation to add depth and movement to the buildings. The buildings will be accented with metal trellises and metal
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canopies over the patio areas. The porte -cochere over each drive -thru pickup window will be of similar architectural styling and color. Utility meters and other equipment will be screened with a colored metal weave screening.
The applic ant has submitted a comprehensive landscape plan using a palette appropriate for the desert environment. The landscape areas will have a desertscape scheme primarily consisting of decomposed granite, inert materials such as boulders and cobble, and water e fficient plant material. This scheme will also be utilized within the public right -of-way along East Palm Canyon Drive and Van Fleet Avenue and will screen the drive -thru lanes and fuel station from public view. A variety of complementary trees will be uti lized with the parking areas to provide shading. The existing Palm trees along East Palm Canyon Drive will remain.
Master Sign Program
The City of Cathedral City’s sign ordinance includes a provision under Section
9.62.030(E) that authorizes the Planning C ommission to consider modifications to the City’s sign regulations relating to sign area, number of signs, height and location. A master sign program provides a flexible means of applying and modifying the sign regulations to ensure high quality in the des ign and display of multiple permanent signs for a project or use and to encourage creativity and excellence in the design of signs.
The applicant is proposing a comprehensive sign program to ensure design consistency amongst tenants while optimizing sign area and to allow for pylon and monument signage appropriately scaled for the size of the project and area.
Architectural Review Committee
The Architectural Review Committee (ARC) reviewed the project on June 29, 2022 and unanimously recommended that the p roject move forward to the Planning Commission for approval as proposed. No revisions were requested.
Planning Commission
The Planning Commission considered the proposed project at the August 3, 2022 regularly scheduled meeting and unanimously approved t he adoption of a Resolution (P22-0249) recommending that the City Council adopt the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program, Zone Ordinance Amendment No. 21 -001, Planned Unit Development 21 -001, Tentative Parcel Map No. 37876, Design Review Nos. 21 -001, 21 -002 and 21 -003, Conditional Use Permit Nos. 21-006, 21-007, 21-008 and 21-009 and Master Sign Program No. 22 - 019, with the added condition that vehicular access and parking for the existing building at 68783 East Palm Canyon Drive be maintained during construction.
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ANALYSIS:
General Plan and Zoning Consistency
The Project site is designated as Downtown Commercial (DTC) on the City’s General Plan Land Use Map, which support the zoning designations of DRN (Downtown Residential Neighborhood) and MXC (Mixed -Use Commercial) assigned to the Project site. This designation provides for a variety of commercial centers, ranging from storefront scale buildings and office space, to lodging and entertainment establishments.
The project site lies within both the MXC and DRN zoning districts. When multiple parcels are part of a single development, and the zoning for the development is a mixture of MXC and DRN, the provisions of either zone shall apply to the project are a.
The applicant has requested the project be reviewed in accordance with the MXC district. Permitted land uses for Mixed -Use Commercial include a mix of residential, up to 45 dwelling units per acre, commercial retail, office and public gathering spaces.
As proposed in the associated Zoning Ordinance Amendment, drive -thru facilities and convenience markets with fuel stations will be permitted subject to the approval of a CUP.
Development Standards (MXC Mixed Use Commercial)
Standard Required Proposed
Building Height Minimum: 22 feet
Maximum: 55 feet
22 to 29 feet
Minimum Lot Size None 10,273 SF (Parcel 7)
*The smallest parcel/lot
Setbacks (PUD) Minimum: 10 feet from ROW
20 feet from public sidewalk
Minimum 10 feet
Minimum 30 feet
Open Space (PUD) 2,438 SF 6,351 Patio SF
Parking 78 spaces 166 spaces
*Total spaces provided
Zone Ordinance Amendment
To permit the proposed restaurant with drive -thru facilities and convenience market with fuel station, Chapter 9.31 (MXC Mixed Use Commercial) of the C athedral City Municipal Code (CCMC) is required to be amended. Currently, drive -thru facilities are a conditionally permitted use within the MXC zoning district but are only allowed in a specific location on the north side of East Palm Canyon Drive and eas t of Monty Hall Drive (Section 9.31.055).
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The convenience market with fuel station, defined as Automobile Service Station in the CCMC, is not a permitted use in the MXC zoning district. However, automobile service stations are permitted in most other comme rcial zoning districts within the City, subject to the approval of a CUP, and is compatible with the other proposed uses and vehicular orientation of the development.
The proposed amendment would revise Section 9.31.055 to conditionally permit drive - thru facilities and automobile service stations along East Palm Canyon Drive, between Van Fleet Avenue and the East Cathedral Canyon Flood Control Channel (i.e. the project site). The remaining standards of Section 9.31.055 would remain in place.
As part of the Council Goals for 2022, a comprehensive update of the CCMC is underway, commencing with Title 9 (Planning and Zoning). Proposed revisions to Title 9, including Chapter 9.31 (MXC Mixed Use Commercial), have been presented to the Planning Commission and Cit y Council . The additional revisions to Chapter 9.31 to accommodate the proposed development are included as Attachment 3 with red lettered strikeout and underline to identify the revisions, including those already reviewed by the Planning Commission and City Council.
Phasing Plan
The commercial portion of the project will be developed in two phases. Phase 1 is approximately 4.4 acres and is comprised of the three restaurants with drive -thru (Buildings 1, 2 and 4), one multi -tenant retail/restaurant building (Building 3) and the convenience market with fuel station (Building 5). Phase 2 is approximately 1.4 acres and is comprised of two multi -tenant retail/restaurant buildings (Buildings 6 and 7) and Parcel 8, the parking area for Building 7. The remaining 8. 05 acres of the project site, for the future multi -family residential development, will be approved and constructed under a separate entitlement and construction schedule.
Prior to approval of the Final Parcel Map, the applicant is required to submit a Ph asing Plan that outlines the construction timeline for each building, infrastructure, landscaping, open space, common amenities, and other site improvements and this requirement has been included as a condition within the Conditions of Approval.
ENVIRONMENTAL REVIEW:
An Initial Study and Mitigated Negative Declaration were prepared by the applicant, and reviewed by City Staff, and special studies were prepared by outside consultants. The project was found to have significant impacts, but those can be red uced to less than significant with the implementation of mitigation measures. The Mitigated Negative Declaration includes Mitigation Measures that address the following areas: biological resources, cultural resources/tribal cultural resources, geology and soils, hazards and hazardous materials and transportation. The mitigation measures are as follows:
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1. BIO-1: A qualified biologist shall conduct two (2) take avoidance pre - construction burrowing owl surveys onsite. The first shall occur between 14 and 30 days prior to ground disturbance, and the second shall occur within 24 hours of ground disturbance. If burrowing owls are detected, the project proponent shall consult with CDFW to determine what course of action is needed, such as the use of exclusion device s (if applicable) to discourage owls from using burrows that are believed to be in jeopardy of being impacted by implementation of the project.
2. BIO-2: For any grubbing, grading or other site disturbance or tree or vegetation removal occurring during the nesting season between January 15th and August 31 st, a qualified biologist shall conduct at least one nesting bird survey, and more if deemed necessary by the consulting biologist, immediately prior to initiation of project -related ground disturbing activit ies. If nesting birds are present, no work shall be permitted near the nest(s) until the young birds have fledged. While there is no established protocol for nest avoidance, when consulted, the CDFW generally recommends avoidance buffers of about 500 feet for birds-of-prey, and 100 – 300 feet for songbirds. If ground disturbance occurs outside the nesting season, this requirement shall be waived.
3. CUL-1: Earth -moving activities including grading, grubbing, trenching, or excavations at the site shall be moni tored by a qualified archaeologist and approved Tribal Monitor(s).
Should cultural materials be discovered, they shall be recorded and evaluated in the field. The monitors shall be prepared to recover artifacts quickly to avoid construction delays but mus t have the power to temporarily halt or divert construction equipment to allow for controlled archaeological recovery if a substantial cultural deposit is encountered. The Native American Monitor may request that destructive construction halt and the Monit or shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Pre servation Office. If artifacts are discovered, these shall be processed, catalogued, analyzed, and prepared for permanent curation in a repository with permanent retrievable storage that would allow for additional research in the future. Archaeological sit e records shall be prepared to document the cultural remains discovered during monitoring and submitted to the California Historical Resources Information System.
4. GEO-1: Development of the Project shall adhere to the recommendations set forth in the Proj ect specific Geotechnical Engineering Investigation (see
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Appendix D of this document), including but not limited to removal and recompaction of collapsible or weak soils during the grading phase and completion of additional geotechnical/soil investigations on the southern portion of the site proposed for the future residential development.
5. HAZ-1: Per the Geophysical Anomaly Investigation Report, the existing UST located onsite shall be cleaned, removed, and disposed prior to redevelopment of the subject property.
6. TRA-1: The Project is required to pay the requisite CVAG TUMF fee.
7. TRA-2: Each drive -through occupant shall prepare a vehicle stacking management plan demonstrating appropriate emergency vehicle access and access to handicap parking stalls are re tained in the event of overflow vehicle stacking.
8. TRA-3: In order to assure that the intersections of Cathedral Canyon/Dinah Shore and Date Palm/Ramon operate at acceptable levels of service at General Plan build out, the following condition of approval s hall be implemented:
The City shall be responsible for monitoring conditions at the intersections of Cathedral Canyon/Dinah Shore and Date Palm/Ramon and providing improvements to those intersections through its Capital Improvement Program, and local, Sta te or federal funding at such time as the improvements are warranted.
NOTE: The City of Cathedral City Planning Department is custodian of the documents or other material which constitute the record of proceedings upon which this decision is based.
PUBLIC NOTIFICATION:
This project and the environmental determination were noticed in accordance with the City Municipal Code and CEQA.
ATTACHMENTS:
Attachment 1 - Ordinance
Attachment 2 - Ordinance Attachment A Proposed Chapter 9.31 Attachment 3 - Conditions of Approval
Attachment 4 - Conditions Phasing Map
Attachment 5 - Initial Study/Mitigated Negative Declaration Attachment 6 - Site Plan
Attachment 7 - Tentative Parcel Map No. 37876
Attachment 8 - Elevations
Attachment 9 - Color Renderings
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Attachment 10 - Landscape Plans
Attachment 11 - Master Sign Program
Attachment 12 - Public Hearing Notice