Cathedral City Page 1 of 5 Printed on 10/20/2022
Staff Report
City Council
Item No. 3.D
Meeting Date: October 26, 2022
From: Robert Rodriguez, Director of Planning/Building
Title: Conditional Use Permit No. 21-016
RECOMMENDATION:
1. Find that the proposed project is Categorically Exempt under Section No.15332, (Class No. 32, In-Fill Development Projects) of the State CEQA Guidelines; and
2. Approve Resolution No. 2022-_____ making findings in support of the City Council's decision to reverse the decision of the Planning Commission and approve Conditional Use Permit No. 21-016.
BACKGROUND:
On October 12, 2022, during a regularly scheduled and duly noticed public meeting, the Cathedral City City Council (“City Council”) considered Applicant’s appeal of the Planning Commission’s decision to deny CUP No. 21 -016 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 s tore located in the Cathedral City Marketplace shopping center, diagonally opposite the project site.
After receiving public testimony and closing the public hearing, the City Council voted to reverse the Planning Commission’s decision and approve the Pro ject, directing staff to prepare a resolution making the appropriate findings.
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:
Cathedral City Page 2 of 5 Printed on 10/20/2022
1. 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.
2. 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.
3. 3.36 - Idling equipment shall be turned off when not in use.
4. 3.37 - Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging.
5. 3.38 - All vending machines, including but not limited to, ice, propane and outdoor storage or display of merchandise shall be prohibited.
6. 3.39 – A landscape lighting plan shall be submitted to the Planning Department for review and approval prior to building permit issuance.
The City Council’s approval of the Project is also su bject 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:
1. 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).
2. Enhance landscaping along the eastern side of the proposed slump wall abutting Eagle Canyon Drive with 3”-6” fractured rock and weed block.
3. Replace existing stop signs at the intersection of Victoria Drive and Eagle Canyon Drive with flashing versions.
4. Install a new, flashing sp eed limit sign for eastbound traffic on Victoria Drive between Date Palm Drive and Eagle Canyon Drive.
5. Install a new “right turn” exit sign directing egress traffic towards Date Palm Drive and away from Eagle Canyon Drive.
Cathedral City Page 3 of 5 Printed on 10/20/2022
6. Enhance the striping of existin g crosswalks on Victoria Avenue at Date Palm Drive and Eagle Canyon Drive.
7. Conduct regular security patrols of the Project site after hours.
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 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 tha t 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 commu nity 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 residentia l 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 w ith 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.
Cathedral City Page 4 of 5 Printed on 10/20/2022
(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 Qua lity 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 an d 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 studi ed 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 Southern California Edison (SCE) and gas will be provided by The Gas Company. These services will adequately serve the Project site.
PUBLIC NOTIFICATION:
This resolution and the environmental deter mination were noticed in accordance with the City Municipal Code and CEQA.
ADDITIONAL INFORMATION ON CONDITIONAL USE PERMIT NO. 21-016:
Cathedral City Page 5 of 5 Printed on 10/20/2022
The applicant, Ralph Deppisch representing Sage Victoria CC, LLC and Kroger, submitted a Conditional Use Permit (CUP) a pplication 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, su bject 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 developm ent 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.
ATTACHMENTS:
Resolution