PLANNING COMMISSION RESOLUTION NO. P22- 0250
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA DENYING CONDITIONAL USE PERMIT NO. 21-016.
WHEREAS, Applicant, Sage Victoria CC, LLC, applied for a Conditional Use Permit ("CUP No. 21-016" or "Project") to operate a fuel station at the southeast corner of Date Palm Drive and Victoria Drive (Assessor's Parcel Numbers 673-172-001); 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, and after receiving public testimony, and at the applicant's request continued the project to a date uncertain to allow for community outreach; and WHEREAS, on July 20, 2022, during a regularly scheduled and duly noticed public meeting, after considering public testimony and closing the public hearing, the Planning Commission voted to deny the Project and directed City staff to prepare a resolution for denial.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Planning Commission has considered all of the evidence submitted into the administrative record for the recommendations listed in this Planning Commission Resolution No. P22-0250, including, but not limited to, the following:
(a) The application for CUP No. 21-016;
Section 9.72 of the Cathedral City Municipal Code;
(c) Staff Reports prepared by Robert Rodriguez dated June 1, 2022 and July 20, 2022, respectively, including all Exhibits attached thereto; Staff's presentation at the public hearings conducted at the Planning Commission meetings held on June 1, 2022, and July 20, 2022, respectively; (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
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.
Section 2. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the Planning Commission makes the following environmental determinations:
That the City of Cathedral City has determined that the denial of CUP No. 21-016 is not a project pursuant to CEQA.
Section 3. The Planning Commission has considered all of the evidence submitted into the administrative record for proposed CUP No. 21-016 and bases its denial on the following findings, pursuant to Section 9.72.010 of the Cathedra City Municipal Code and the findings presented in the July 20, 2022 staff report:
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, 2 smells and security issues.
Section 4. In view of all of the evidence, and based on the foregoing findings and conclusions, the Planning Commission hereby denies CUP No. 21-016.
Section 5. 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.
THE FOREGOING RESOLUTION WAS APPROVED AND ADOPTED on this 3rd day of August, 2022 by the following vote:
AYES: 4
NOES: Ø
ABSTAIN: Ø
ABSENT: Ø
Ralph C. Thompson-Cantua, Chair
ATTEST AND APPROVED AS TO CONTENT:
Robert Rodriguez, Director of Planning/Building/
Secretary to the Planning Commission
APPROVED AS TO LEGAL FORM:
Leila J. 1 loshret-Danes
Deputy City Attorney