STANDARD OF REVIEW:
Pursuant to Section 9.72.080 of the Cathedral City Municipal Code, after consideration of the record of the Planning Commission’s proceedings on the action, the appeal package, and testimony during the public hearing, the City Council may vote to affirm, reverse or modify, in whole or in part, any final determination of the Planning Commission.
PROCEDURAL BACKGROUND:
The Architectural Review Committee reviewed the project on May 18, 2022, and recommended approval with no changes.
On June 1, 2022, the Planning Commission considered the project during a regularly scheduled public meeting. After taking public testimony and deliberations during the public hearing, and at the request of the applicant, the Planning Commission continued the project to a date uncertain to allow the applicant time to conduct community outreach.
The applicant reported holding two community meetings regarding the project prior to the continued hearing, and the project was subsequently re-noticed for the July 20, 2022, Planning Commission meeting.
During the July 20, 2022 Planning Commission meeting, multiple residents expressed disagreement with the proposed project due to concerns regarding issues such as the limited staffing of the kiosk potentially resulting in crime and other security issues, concerns related to the smells and sounds of a fuel station, and the over-proliferation of gas stations on the area.
Additional concerns considered by the Commission included:
- the limited staffing of the gas station – just one attendant during business hours, raising security and safety concerns for after hours when the site would be left unattended.
-the routing of traffic through the project site allowing for egress directly into the residential neighborhood, raising concerns for pedestrian safety, particularly with the proximity to the nearby middle school.
-the gas station’s proximity to residents
-the existence of approximately 10 gas stations within a 2 mile radius around the proposed project, raising concerns that another gas station would not be consistent with the PCC zoning district’s purpose – to provide a wide range of commercial and retail uses.
After taking public testimony, the Planning Commission closed the public hearing and, after deliberations pursuant to its discretion under Section 2.29.040 of the Cathedral City Municipal Code, voted to deny the discretionary permit for the project by a unanimous vote of 4-0, and directed staff to prepare a resolution of denial for adoption during the August 3, 2022 regularly scheduled meeting.
On August 3, 2022, the Planning Commission approved Resolution No. P22-0250 denying the Conditional Use Permit. The attached Resolution (Attachment 1) serves as a record of the denial findings made by the Planning Commission pursuant to its discretion under Sections 2.29.040 and 9.72.010 of the Cathedral City Municipal Code.
For ease of reference, the denial findings made by the Planning Commission in Resolution No. P22-0250 are also included here:
1. The Project does not comply with the all of the development standards and requirements of the PCC (Planned Community Commercial) Zoning District and Specific Plan No. 90-43A. The PCC Zoning District's purpose and intent is to provide for retail and commercial uses that "...are necessary to provide a wide range of shopping facilities and goods, professional and administrative offices and entertainment." (CCMU Section 9.30.010).
In addition, the Project does not comply with development standard 9.30.050(E) of the PCC zone, which states, "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." It is the opinion of the Planning Commission that the noise, fumes, and odors associated with the proposed fuel station are detrimental to nearby residences.
2. The Project is not consistent with the goals and objectives of Specific Plan No. 90-43A, particularly Goal A: "To allow commercial development that is compatible with the existing and planned residential uses within the specific plan and adjacent areas." The Project is not compatible with existing residential uses within the Specific Plan because the limited-staffed fuel station creates potential for unsafe conditions and criminal activity, particularly during unstaffed hours.
The proximity to residences also creates concerns for resident safety and quiet enjoyment, due to the noise, smells, and security issues associated with a fuel station.
3. The Project is not necessary or desirable for the development of the community.
The Project proposes a self-service fuel station near existing residential uses. A number of fuel stations already exist within a few miles of the proposed station.
The limited staffed fuel station creates potential for unsafe conditions and criminal activity. The proximity to residences also creates concerns for resident safety and quiet enjoyment, due to the noise, smells, and security issues associated with a fuel station; and
4. The site for the project is not adequate in size and shape to accommodate the fuel station use. The size and shape of the site results in the construction of a fuel station in the vicinity of residences, putting residents in close proximity to noise, smells and security issues.
The entire July 20 th Planning Commission submittal for this project, including the staff report with the entire background and analysis of the project, Conditions of Approval, project plans and attachments provided by the applicant, are included as an attachment (Attachment 3) to this staff report for reference.
On July 29, 2022, the applicant submitted a timely appeal application packet including a letter outlining the grounds for the appeal (Attachment 2). The appeal hearing was deferred to the October 12, 2022 City Council meeting at the applicant’s request and has been noticed in accordance with the City Municipal Code.
CONDITIONAL USE PERMIT NO. 21-016:
The applicant, Ralph Deppisch representing Sage Victoria CC, LLC and Kroger, submitted a Conditional Use Permit (CUP) application on December 16, 2021 for the construction of a fuel station with an attendant kiosk on an approximately 0.65-acre site located at the southeast corner of Date Palm Drive and Victoria Drive. The project would be affiliated with the existing Food 4 Less grocery store located in the Cathedral City Marketplace shopping center, diagonally opposite the project site.
The proposed project site is located within the PCC (Planned Community Commercial) Zoning District. Pursuant to Chapter 9.30 of the Cathedral City Municipal Code (CCMC), an automobile service station, which includes retail and service businesses engaged in the servicing of motor vehicles including dispensing of motor fuels, is a conditionally permitted use within the PCC Zoning District, subject to the approval of a Conditional Use Permit (CUP) by the Planning Commission.
The project site is also within Specific Plan No. 90-43A, which was originally adopted by the City Council on July 24, 1990, establishing land use regulations and development standards within the Specific Plan area. An amendment to the Specific Plan was approved on September 13, 2017, permitting certain commercial uses such as automobile service stations that have primary Date Palm frontage, with approval of a CUP.
The undeveloped project site is bordered by Date Palm Drive on the west, Victoria Drive on the north and Eagle Canyon Drive on the east and is primarily surrounded by single- and multiple-family residential uses with commercial uses immediately to the north and south of the project site. Adjacent to the project site is the former Family Dollar location, which is currently vacant.
Project Details
The applicant is proposing to construct a five pump (10 vehicle fueling positions) fuel station with a 174 square-foot attendant kiosk that will be operated daily from 6:00 am to 10:00 pm. The fuel pumps would not be permitted to operate after closing. The kiosk would offer limited retail goods including candy, cigarettes, and drinks. Beer or liquor would not be sold at this location.
The fuel canopy and attendant kiosk, which is centered under the fuel canopy, would be located closer to the western side of the property, along Date Palm Drive. The nearest fueling position would be approximately 92 feet from Eagle Canyon Drive and 135 feet from the nearest existing residential use. The designated loading and unloading area would be located in the northwest corner of the site.
The project would also include an ingress only driveway constructed along Victoria Drive, and egress access will be through an existing shared access easement with the commercial site to the south, that has existing driveways along Date Palm Drive and Eagle Canyon Drive. No new access to Date Palm Drive would be provided in compliance with the Specific Plan. The portion of Victoria Drive from Date Palm Drive to the new ingress driveway would be widened to accommodate vehicles entering the project site and ensure continuous traffic flow on Victoria Drive.
Other improvements proposed within the project site include 4 parking spaces, with one ADA van accessible space, an ADA path of travel to both Date Palm Drive and Victoria Drive, a new trash enclosure constructed per City standard, underground stormwater storage chambers, and site lighting in compliance with the City’s outdoor lighting standards.
There would also be improvements made along the street including the construction of a 6’ high block wall along Eagle Canyon Drive and a portion of Victoria Drive, as required by the Specific Plan, new sidewalk and ramp along a portion of Victoria Drive and upgrading of existing right-of-way improvements where needed, and relocation of the existing traffic signal at Date Palm Drive to accommodate the street widening.
The canopy and kiosk would have a matching two-tone color scheme of taupe and tan with the kiosk constructed of a split face block painted to match. The landscaping would have a desertscape planting scheme incorporating decomposed granite, rubble, and boulders for ground cover. Oleanders will be planted along Eagle Canyon Drive, in front of the proposed 6’ high slump block wall, as required by the Specific Plan.
ENVIRONMENTAL REVIEW:
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 regulations.
b) The proposed development occurs within the city limits on a project site of no more than five acres substantially surrounded by urban uses. c) The project site has no value as habitat for endangered, rare or threatened species. d) Approval of the project would not result in any significant effects in relation to traffic, noise, air quality or water quality.
e) The site can be adequately serviced by all required utilities and public services.
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 determination is based.
PUBLIC NOTIFICATION:
This project and the environmental determination were noticed in accordance with the City Municipal Code and CEQA.