Appeal Request Form This Form and Appeal
Phone - (760) //0-0340 filing fee both must be
Fax - (760) 202-1460 received before appeal
E-mail - [email protected]
68700 Avenida Lalo Guerrero - Cathedral City, CA 92234 can be processed Cathedral City
Name and Addresses of Person Filing Appeal ("Appellant") MFA Architects (Chris McFadden) and Desert Jush (John Ramistella) Name:
75-145 St. Charles Place, Suite 4 - Palm Desert
Address:
DEL IO ZUZ3
67455 E. Palm Canyon Drive, Cathedral City
Email: [email protected] and [email protected]
Phone: (760) 346-8014 and (831) 236-6646
Case No.: Variance No. 23-004 (Item 1)
Project Address: 67455 E. Palm Canyon Drive
Planning Commission Hearing Date: 12-06-23
Grounds upon which this appeal is based are: Imposing the strict application of this requirement deprives this project the privilege enjoyed by other properties in the same vicinity, that have LESS exceptional circumstances.
The City Council is hereby asked to: Over rule the PC denial of this variance request. **Filing fee for the appeal is $1,000.00.
Date 12/12/23 Appellant's signature
Date 12/12/23
Appellant's signature
City Clerk Use Only:
DATE FILED: WAS APPEAL FILED TIMELY? DATE APPEAL PAID: DATE OF APPEAL HEARING:
YES NO
M
ARCH
November 8, 2023
F Amended: 12/12/23
A City of Cathedral City
D Planning Department
68-700 Avenida Lalo Guerrero
D Cathedral City, CA 92234
E Attn: Melody Arechiga, Assoc. Planner
(760) 770-0340 DEC 1 8 2023
CITY CE CA
CITY
RE: Desert Kush - A Cannabis Dispensary Remodel
67-455 East Palm Canyon Drive
Cathedral City, CA 92234
APN#: 681-300-005
Conditional Use Permit No. 23-003
Architect Job No: 2305.00- Variance No. 23-004 (Item 1) - PC Appeal Dear Melody,
This letter is provided as an attachment to the accompanying Appeal Request Form for an Administrative Variance denied by Planning Commission 12-06-23. The item we are requesting relief from is the 50% parking shading requirement (carport structure / tree shading) per Design Guidelines Pg. 42/43 (copy attached). The following items explain the reasons for the variance request in conformance with the above referenced application:
A. That the granting of such variance will not be materially detrimental to other properties in the area or the permitted use thereof:
There are numerous adjacent properties along Hwy 111 (from Perez Rd) that have similar site constraints that face South which have been improved which do NOT have Carports or Trees shading their parking, so this request is consistent with those.
B. That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply to other properties in the same zone of vicinity:
There are numerous constraints on this property as follows: (a) This parcel is being reduced by
23.7% due to the ultimate ROW (right of way) increase for the widening of Hwy 111, and (b) there is currently only a 24 ft wide driveway, standard parking stall depths and a 5 ft deep sidewalk at the front of the parking to the building façade so there is NO space for additional landscaping, and (c) there is NO direct driveway access to Hwy 111, but we have shared access from each adjacent property, therefore customers passing by need to have a clearer visual connection to this retail store. The Design Guidelines specifically state that we SHOULD consider 50% landscaping / shading requirements, this language leaves room for exceptional 2 Desert Kush - A Cannabis Dispensary Remodel
considerations which this project warrants. Lastly, this project (and required parking) face North and the building provides more than adequate shading (see building photos in CUP package). See also Item A, comment 1 regarding South Facing Facades of like projects.
C. That the strict application of this title deprives such property privileges enjoyed by other properties in the vicinity or zone in which the property is located:
Response to Item 1 A and B above are supportive of this, and adding additional landscaping can ONLY be achieved by reducing at least 1 (possibly 2) required customer parking stalls and converting them to planters. The loading stall / trash access cannot be altered on this site.
D. That the granting of the variance does not constitute a special privilege inconsistent with limitations upon other properties in the vicinity or zone in which the property is located:
Response to Item A and B above are supportive of this. Granting this exception will only permit this project to be consistent with other properties in the vicinity in which it is located.
E. That the granting of the variance is compatible with the objectives, policies, general land uses and programs specified in any adopted plan:
Response to Item A and B above should make this unequivocable.
I believe this letter adequately explains the reasons for allowing variance to be granted.
Sincerely,
Chris McFadden, Principal / Architect
III. PARKING LOTS
The design of nearly every project starts with the layout of the parking lot. Parking lot design follows very rigid rules because unlike people, cars are not flexible and adaptable. Thus, the developer and architect are forced to arrange the site primarily from the car's point of view.
Yet ultimately, it is you and I who actually experience these environments.
Besides the technical demands of stall size, aisle width, and turning radii, the designer must also consider the aesthetic impact of these vast paved areas which make up 60-70% of the site.
Therefore, the following guidelines should apply:
A. Landscaping/Shade
1. Landscaping
Every parking lot shall follow, as a minimum, the landscaping requirements stated in the Zoning Ordinance and in the "Landscape Guidelines" of this Design Manual. Landscaping should not be an afterthought. Plants and trees look better over the years; therefore, they are very valuable for the following reasons:
- canopy trees provide shade which reduces the overall heat sink effect of the black pavement.
- the trees provide visual interest in an otherwise uninterrupted flat, harsh environment.
trees and shrubs reduce glare.
trees planted strategically can help to distinguish the main circulation path from secondary aisles.
shrubs can partially screen cars and aisles, transforming vast parking lots into a series of smaller alcoves.
- through transpiration the microclimate is slightly cooled during the extreme summer heat.
- utility easements and improvements affect the placement of trees particularly required street trees due to both underground and overhead lines, poles, transformers, and other appurtenances (and even easement restrictions in some cases). Preliminary plans shall depict (with dimension) all exact locations of existing/planned 42 overhead and underground lines, poles, and other appurtenances along with preliminary locations of required trees and planting areas. - Southern California Edison will normally review all plans for safety and long term maintenance. They have recommended that the OUTERMOST edge of the projected MATURE tree canopy not
encroach within 15 feet of any OUTERMOST overhead electrical lines. Therefore, the site must be surveyed to locate the type of support structure, height and location of all power lines, telephone lines, etc. to avoid conflict. Where tree placement and power lines conflict, the City in cooperation with the utility company will require further examination of alternative site design concepts including building and parking lot locations/configuration - hence the incentive to the developer to plan for utility needs early.
2. Shade
Cathedral City supports a year round population; therefore, parking lot design should take into consideration the desert summer sun. Fifty percent of all car spaces should be shaded by trees or carport/trellis structures. The size of new trees should be such that within five years they have grown to 3/4 of the full size.
B. Room to Grow
Clearances between parking areas and other elements of the site (buildings, screen walls, landscaping) are often overlooked during site design.
Parking next to property lines:
The visual screening walls required along the front (street) and side property lines often have large footings which prevent trees and shrubs from developing adequate root balls. Therefore:
allow a minimum of 4'clearance between the back side of parking lot curbs and any structure above or below grade.
b. provide and engineer for block-outs at footings to accommodate tree root balls.
c. allow 13'minimum setback at front yard along major thoroughfares.
However, greater setbacks may be necessary on large projects to keep landscaping in scale with parking lots and buildings.