CHAIR
Steve Manos
Lake Elsinore
VICE CHAIR
Steve Sanchez
La Quinta
COMMISSIONERS
John Lyon
Riverside
Michael Lewis
Palm Springs
Richard Stewart
Moreno Valley
Michael Geller
Riverside
Vernon Poole
Murrieta
STAFF
Director
Paul Rull
Simon A. Housman
Jackie Vega
Yesenia Casas
County Administrative Center
4080 Lemon St.,14th Floor.
Riverside, CA 92501
(951) 955-5132
www.rcaluc.org
RIVERSIDE COUNTY
AIRPORT LAND USE COMMISSION
December 15, 2025
Dom Camps, Project Planner
Cathedral City, Community Development Department
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
RE: AIRPORT LAND USE COMMISSION (ALUC) DEVELOPMENT REVIEW
File No.: ZAP1110PS25
Related File Nos.: ZOA25-0001 (Zoning Ordinance Amendment), CUP25- 0003 (Conditional Use Permit)
Compatibility Zones: Zones D and E
APNs: 681-310-019 and 681-310-040
Dear Mr. Camps:
On December 15, 2025, the Riverside County Airport Land Use Commission (ALUC) found City of Cathedral City Case Nos . ZOA25-0001 (Zoning Ordinance Amendment), CUP25 -0003 (Conditional Use Permit), a proposal to construct a 27,121 square foot gymnasium building with classrooms and three classroom buildings totaling 9,049 square feet on an existing school site on 5.26-acres, located at 67675 Bolero Road, westerly of San Domingo Drive, and northerly of Carey Road, and also proposes to amend the zoning ordinance to amend the sites zoning for Resort Residential (RR) to allow schools , CONSISTENT with the 2005 Palm Springs International Airport Land Use Compatibility Plan, pursuant to Section 3.3.6 of the Countywide Policies of the 2004 Riverside County Airport Land Use Compatibility Plan, based on the following findings, and subject to the conditions included herein:
FINDINGS:
1. The proposed enrollment level would not exceed the actual enrollment that existed at the time of Compatibility Plan adoption; therefore, the project would not increase the average intensity of the site. The same is true for King’s Schools. King’s Schools remains consistent with its approved CUP (93-199) from 1994, including the addition of a gymnasium. Just like ACES, King’s modernization retains the same use—K– 8 education—with no expansion of grade levels or daily population. Modernization replaces aging facilities without altering the character of the campus or surrounding land uses.
2. Since no information is available regarding the single- acre intensity that existed at the time of Plan adoption, there is no evidence that the project would result in an increase in single-acre intensity. The same is true for King’s Schools and our over 30 years of operating. The methodology calculation of 1,159 persons on a single acre is theoretical, not based on actual school operations. The staff report states that “there is no cap on the number of non-students (guests, family members) that could be allowed on campus, and could potentially be clustered and concentrated in specific areas like the proposed gymnasium area, which the Compatibility Plan references.” which assumes a scenario that is not reflective of school operations in which King’s Schools would routinely allow uncontrolled public access or large gatherings on campus, which are not based on actual operations. As previously mentioned, the proposal is not altering enrollment or
2 school based activities.
3. The proposed capacity of the school would not exceed the peak number of students accommodated at the facility at or slightly after the time of Compatibility Plan adoption.
Operations remain unchanged from the past 30 years—just as the ACES modernization did. PE moves indoors during extreme heat and accommodates approximately 30– 40 students at a time. Class sizes are capped at 28 students, and total campus enrollment is approximately 300 students.
4. Although Building E has the capacity to accommodate approximately 747 people, the use of the assembly area within the building would be rare and for limited periods of time. As stated, capacity at the school would not change. There would be no increase in the number of students, thus the same is true for King’s Schools gymnasium but only reduced due to the significantly lower student count at King’s Schools.
5. There are no other viable sites of residential fee land located outside a flood zone that could accommodate 600 students within the service area for this elementary school.
King’s Schools is a small private school that owns no other land, and we have operated on our site for over 30 years. We don’t have the resources or ownership of land like a public school district. ACES was a long-standing neighborhood school embedded within a fully built-out residential area and therefore had no realistic relocation options. The same is true for King’s Schools.
6. The project site is located in an area where average aircraft noise is below 60 CNEL, thus limiting noise impacts and potential nuisance complaints. King’s Schools campus is primarily Zone D but does have a small portion of Zone E. The entire ACES campus is in Zone D. As the staff report states: “ The site is located outside the Palm Springs Airport Compatibility Plan 55 CNEL contour relative to aircraft noise contour. Therefore, no special measures to mitigate aircraft noise are required at this location.”
7. The purpose of the rebuilding is to provide for a safer school for the students. The same is true for King’s Schools. Currently the campus has very old portable buildings that will be replaced with new structures meeting all building code requirements. Due to other safety factors, such as weather, providing indoor spaces during extreme heat provides a safer environment for students. It also provides improved safety oversight and accessibility to physical activity.
8. All proposed buildings would be constructed of reinforced masonry block, and the Cathedral City Fire Department has prepared a letter that notes that the proposed new buildings and site improvements would include automatic fire sprinklers, integrated fire alarms, and additional fire lanes and fire hydrants that do not exist at the current facility; thus, potential fire hazards to facility occupants would be reduced. The student population is unchanged and remains fully consistent with historical operations. As with ACES, our modernization improves safety by bringing older buildings into compliance with current building standards, public safety access and fire hydrant placement.
9. The project site is not located beneath or near the extended centerline of the runway at Palm Springs International Airport or within the general traffic pattern envelope, wherein approximately 80% of aircraft overflights are expected to occur. King’s Schools lies west of the primary Runway 31 approach centerline, with substantial separation created by Tahquitz Creek Golf Course and the Whitewater Wash. While the campus is primarily within Zone D, a small portion of the site is located within Zone E, the least restrictive compatibility zone under the ALUCP.
3 10. Approximately 25% of the project site would consist of ALUC -qualifying open area, which substantially exceeds the minimum Compatibility Zone D requirement of 10% open area. This additional open area provides a potential location for emergency landings for small aircraft, which may assist in offsetting the risk of an emergency landing within the more intensely used portions of the site. The ALUCP open- area requirement applies only to sites 10 acres or larger; King’s is 5.26 acres. However, King’s Schools has significant surrounding open area being surrounded by the Tahquitz Creek Golf Course and the Whitewater Wash, which the Commission previously recognized as acceptable forced- landing buffers. King’s Schools is also a significant distance further from the airport compared to ACES.
11. The nearby golf course and Whitewater Wash east of the project site constitute alternative potential emergency landing locations. As mentioned above, the project site is surrounded by the Tahquitz Creek Golf Course and the Whitewater Wash. It can be concluded that these constitute alternative potential emergency landing locations.
12. Based on the above findings, ALUC concludes that Agua Caliente Elementary School constitutes a nonconforming nonresidential development pursuant to Section 3.3.2(b) of the Countywide Policies of the 2004 Riverside County Airport Land Use Compatibility Plan and that the usage intensity is not being increased above the levels existing at the time of adoption of the 2005 Palm Springs International Airport Land Use Compatibility Plan. As a site that has been historically operating as a school (even before King’s formation in 1994) and as a school that is not increasing the enrollment, it can be concluded that the usage intensity is not being increased.
13. The above findings constitute extraordinary circumstances warranting a policy exception for the proposed action. As a private school, King’s Schools has no feasible alternative.
As demonstrated above, the criteria found for ACES can be found here and the proposed project would cause even less of an impact in many cases. Simply put, our student population is significantly less than ACES and we are a much greater distance away from the airport.
14. Exterior noise levels from aircraft at this location average less than 60 CNEL, and not more than 20% of aircraft utilizing Palm Springs International Airport overfly the site; therefore, the project will not result in excessive aircraft -generated noise exposure for the proposed use. The same is true for King’s Schools. The site is located outside the Palm Springs Airport Compatibility Plan 55 CNEL contour relative to aircraft noise contour. Therefore, no special measures to mitigate aircraft noise are required at this location.
15. Based on Findings No. 7 through 11 above, and with the project being subject to the conditions included herein, the project will not expose persons on the ground to an excessive safety hazard or risk, nor will it result in hazards to aircraft in flight. The same is true for King’s Schools. We have no objection to 5 conditions listed in the staff report under the heading conditions (in the event of an overrule).
CONDITIONS:
1. Any outdoor lighting installed shall be hooded or shielded to prevent either the spillage of lumens or reflection into the sky. Outdoor lighting shall be downward facing.
2. The following uses are prohibited:
4 (a) Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA -approved navigational signal light or visual approach slope indicator.
(b) Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport.
(c) Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, outdoor production of cereal grains, sunflower, and row crops, composting operations, wastewater management facilities, artificial marshes, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, construction and demolition debris facilities, fly ash disposal, and incinerators.)
(d) Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation.
(e) Any use which results in a hazard to flight, including physical (e.g., tall objects), visual, and electronic forms of interference with the safety of aircraft operations.
3. The attached “Notice of Airport in Vicinity” shall be provided to all prospective purchasers and occupants of the property.
4. Any proposed stormwater basins or facilities shall be designed and maintained to provide for a maximum 48-hour detention period following the design storm, and remain totally dry between rainfalls. Vegetation in and around the basins that would provide food or cover for birds would be incompatible with airport operations and shall not be utilized in project landscaping. Trees shall be spaced so as to prevent large expanses of contiguous canopy, when mature. Landscaping in and around the basin(s) shall not include trees or shrubs that produce seeds, fruits, or berries.
Landscaping in the stormwater basin, if not rip -rap, should be in accordance with the guidance provided in ALUC “LANDSCAPING NEAR AIRPORTS” brochure, and the “AIRPORTS, WILDLIFE AND STORMWATER MANAGEMENT” brochure available at RCALUC.ORG
which list acceptable plants from Riverside County Landscaping Guide or other alternative landscaping as may be recommended by a qualified wildlife hazard biologist.
A notice sign, in a form similar to that attached hereto, shall be permanently affixed to the stormwater basin with the following language: “There is an airport nearby. This stormwater basin is designed to hold stormwater for only 48 hours and not attract birds.
Proper maintenance is necessary to avoid bird strikes”. The sign will also include the name, telephone number or other contact information of the person or entity responsible to monitor the stormwater basin.
5. The project has been evaluated to construct a 27,121 square foot gymnasium building with classrooms and three new classroom buildings totaling 9,049 square feet on an existing school site totaling 5.26-acres. Any increase in building area, change in use to
5 any higher intensity use, change in building location, or modification of the tentative parcel map lot lines and areas will require an amended review to evaluate consistency with the ALUCP compatibility criteria, at the discretion of the ALUC Director.
Supporting documentation was provided to the Airport Land Use Commission and is available online at www.rcaluc.org, click Agendas, click 12 -15-25 Agenda, Bookmark Agenda Item 3.3. As noted above, the applicant submitted a supplemental 3.3.6 findings letter dated December 11, 2025, and is as an attachment to this letter.
I
f you have any questions, please contact me at (951) 955-6893.
Sincerely,
RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION
______________________________________
Paul Rull, ALUC Director
Attachments: Notice of Airport in Vicinity
cc: King’s School of the Desert (applicant)
William Karg (representative)
Don DeLair (property owner)
Harry Barrett, Airport Manager, Palm Springs International Airport ALUC Case File
\\tlma-22fsp02\ALUC\AIRPORT CASE FILES\Palm Springs\ZAP1110PS25\ZAP1110PS25.LTR.doc
THERE IS AN AIRPORT NEARBY .
THIS STORM WATER BASIN IS DESIGNED TO HOLD
STORM WATER FOR ONLY 48 HOURS AND
NOT TO ATTRACT BIRDS
PROPER MAINTENANCE IS NECESSARY TO AVOID
BIRD STRIKES
N O T I C E
IF THIS BASIN IS OVERGROWN, PLEASE CONTACT:
Name: _____________________ Phone: ____________________
NOTICE OF AIRPORT IN
VICINITY
This property is presently located in the vicinity of an airport, within what is known as an airport influence
area. For that reason, the property may be subject to
some of the annoyances or inconveniences associated
with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances [can vary from person to person. You may
wish to consider what airport annoyances ], if any, are associated with the property before you complete your
purchase and determine whether they are acceptable to
you. Business & Profession s Code Section 11010 (b)
(13)(A)
December 11, 2025
Airport Land Use Commission
Riverside County
4080 Lemon Street
Riverside, CA 92501
Re: King’s Schools Campus Modernization and Expansion Project Request for Consistency Determination under the ALUCP
ALUC Case No. ZAP1110PS25
Dear Chair and Members of the Commission:
Thank you for the opportunity to provide additional clarity regarding the King’s Schools modernization project and its relationship to the Airport Land Use Compatibility Plan (ALUCP). The purpose of this correspondence is to present, in a structured and transparent format, how King’s Schools satisfies the same 14 findings the Commission applied in approving the modernization of Agua Caliente Elementary School (ACES) pursuant to Sections 3.3.2(b) and 3.3.6 (Attachment A).
King’s Schools has been operating a school on this site for over 30 years, and our property was operated as a school prior to King’s Schools. There are no feasible alternatives available to the school. We are a small private school of 300 students, and this modernization project doesn’t increase enrollment or intensify the use of our campus. We have been operating under a conditional use permit (CUP) 93-199 since 1994. Our CUP 93-199 provided for a gymnasium and additional school facilities. Our modernization project is consistent with CUP 93-199, but does provide for new breakout classrooms that will service our students with learning accommodation by allowing students to take tests and other assignments outside their main classroom. It also provides for dedicated Spanish and Art classrooms. Currently, these functions are required to be mobile and go to each grades main classroom. The proposed modernization simply replaces aging facilities with safer, modern structures for the same students we serve today, without increasing population, altering use, or introducing new hazards.
To ensure a clear and consistent comparison, this document follows the sequence of findings used when ACES was approved pursuant to Sections 3.3.2(b) and 3.3.6. Our intent is not to challenge the regulatory framework, but to demonstrate that King’s Schools operates in a manner fully consistent with the ALUCP, with the standards applied to ACES, and we have no feasible alternative.
The following project description and findings are copied from the minutes where ACES was found consistent based on findings that King’s Schools meets as well.
December 11, 2025
IV. PROJECT DESCRIPTION
Palm Springs Unified School District proposes to replace existing buildings at Agua Caliente Elementary School with five new buildings at different areas within the school’s existing campus. Outdoor recreation areas would also be provided. The project would facilitate an increase in the capacity of the school to allow for the enrollment of up to 828 students (originally estimated at 850-875). The project description in the Draft EIR referenced the addition of up to 120 students and associated faculty at the pre-kindergarten level (included among the 875).
The purpose of the proposal is to rebuild the school to modernize it and make it safer for the students. The school is the central focus of the neighborhood in which it is located.
King’s Schools Project: A proposal to construct a new gymnasium building with classrooms and three classroom buildings on an existing school site on 5.26-acres. The proposal also includes a clean-up item to the City’s the zoning ordinance to amend allowable uses for Resort Residential (RR) to permit schools since the School has been at the approved location for many years with an approved CUP (dating back to before their current General Plan update). The purpose of the proposal is to modernize, improve safety and improve operations for students. It’s important to note that unlike for ACES, capacity is not increasing and enrollment would not be increased. The gymnasium is proposed in a location where students already gather for facilities, but would provide safer conditions.
FINDINGS:
1. The proposed enrollment level would not exceed the actual enrollment that existed at the time of Compatibility Plan adoption; therefore, the project would not increase the average intensity of the site.
King’s Schools:
The same is true for King’s Schools. King’s Schools remains consistent with its approved CUP (93-199) from 1994, including the addition of a gymnasium. Just like ACES, King’s modernization retains the same use—K–8 education—with no expansion of grade levels or daily population. Modernization replaces aging facilities without altering the character of the campus or surrounding land uses.
2. Since no information is available regarding the single-acre intensity that existed at the time of Plan adoption, there is no evidence that the project would result in an increase in single-acre intensity.
King’s Schools:
The same is true for King’s Schools and our over 30 years of operating. The methodology calculation of 1,159 persons on a single acre is theoretical, not based on actual school operations. The staff report states that “there is no cap on the number of non-students (guests, family members) that could be allowed on campus, and could potentially be clustered and concentrated in specific areas like the proposed gymnasium area, which the Compatibility Plan references.” which assumes a scenario that is not reflective of school operations in which King’s Schools would routinely allow uncontrolled public access or large gatherings
December 11, 2025
on campus, which are not based on actual operations. As previously mentioned, the proposal is not altering enrollment or school based activities.
3. The proposed capacity of the school would not exceed the peak number of students accommodated at the facility at or slightly after the time of Compatibility Plan adoption.
King’s Schools:
Operations remain unchanged from the past 30 years—just as the ACES modernization did.
PE moves indoors during extreme heat and accommodates approximately 30–40 students at a time. Class sizes are capped at 28 students, and total campus enrollment is approximately 300 students.
4. Although Building E has the capacity to accommodate approximately 747 people, the use of the assembly area within the building would be rare and for limited periods of time.
King’s Schools:
As stated, capacity at the school would not change. There would be no increase in the number of students, thus the same is true for King’s Schools gymnasium but only reduced due to the significantly lower student count at King’s Schools.
5. There are no other viable sites of residential fee land located outside a flood zone that could accommodate 600 students within the service area for this elementary school.
King’s Schools:
King’s Schools is a small private school that owns no other land, and we have operated on our site for over 30 years. We don’t have the resources or ownership of land like a public school district. ACES was a long-standing neighborhood school embedded within a fully built-out residential area and therefore had no realistic relocation options. The same is true for King’s Schools.
6. The project site is located in an area where average aircraft noise is below 60 CNEL, thus limiting noise impacts and potential nuisance complaints.
King’s Schools:
King’s Schools campus is primarily Zone D but does have a small portion of Zone E. The entire ACES campus is in Zone D. As the staff report states: “ The site is located outside the Palm Springs Airport Compatibility Plan 55 CNEL contour relative to aircraft noise contour.
Therefore, no special measures to mitigate aircraft noise are required at this location.”
7. The purpose of the rebuilding is to provide for a safer school for the students.
King’s Schools:
The same is true for King’s Schools. Currently the campus has very old portable buildings that will be replaced with new structures meeting all building code requirements. Due to other safety factors, such as weather, providing indoor spaces during extreme heat provides
December 11, 2025
a safer environment for students. It also provides improved safety oversight and accessibility to physical activity.
8. All proposed buildings would be constructed of reinforced masonry block, and the Cathedral City Fire Department has prepared a letter that notes that the proposed new buildings and site improvements would include automatic fire sprinklers, integrated fire alarms, and additional fire lanes and fire hydrants that do not exist at the current facility; thus, potential fire hazards to facility occupants would be reduced.
King’s Schools:
The student population is unchanged and remains fully consistent with historical operations. As with ACES, our modernization improves safety by bringing older buildings into compliance with current building standards, public safety access and fire hydrant placement.
9. The project site is not located beneath or near the extended centerline of the runway at Palm Springs International Airport or within the general traffic pattern envelope, wherein approximately 80% of aircraft overflights are expected to occur.
King’s Schools:
King’s Schools lies west of the primary Runway 31 approach centerline, with substantial separation created by Tahquitz Creek Golf Course and the Whitewater Wash. While the campus is primarily within Zone D, a small portion of the site is located within Zone E, the least restrictive compatibility zone under the ALUCP.
10. Approximately 25% of the project site would consist of ALUC-qualifying open area, which substantially exceeds the minimum Compatibility Zone D requirement of 10% open area. This additional open area provides a potential location for emergency landings for small aircraft, which may assist in offsetting the risk of an emergency landing within the more intensely used portions of the site.
King’s Schools:
The ALUCP open-area requirement applies only to sites 10 acres or larger; King’s is 5.26 acres. However, King’s Schools has significant surrounding open area being surrounded by the Tahquitz Creek Golf Course and the Whitewater Wash, which the Commission previously recognized as acceptable forced-landing buffers. King’s Schools is also a significant distance further from the airport compared to ACES.
11. The nearby golf course and Whitewater Wash east of the project site constitute alternative potential emergency landing locations.
King’s Schools:
As mentioned above, the project site is surrounded by the Tahquitz Creek Golf Course and the Whitewater Wash. It can be concluded that these constitute alternative potential emergency landing locations.
12. Based on the above findings, ALUC concludes that Agua Caliente Elementary School constitutes a nonconforming nonresidential development pursuant to Section 3.3.2(b) of the Countywide Policies of the 2004 Riverside County Airport Land Use Compatibility
December 11, 2025
Plan and that the usage intensity is not being increased above the levels existing at the time of adoption of the 2005 Palm Springs International Airport Land Use Compatibility Plan.
King’s Schools:
As a site that has been historically operating as a school (even before King’s formation in 1994) and as a school that is not increasing the enrollment, it can be concluded that the usage intensity is not being increased.
13. The above findings constitute extraordinary circumstances warranting a policy exception for the proposed action.
King’s Schools:
As a private school, King’s Schools has no feasible alternative. As demonstrated above, the criteria found for ACES can be found here and the proposed project would cause even less of an impact in many cases. Simply put, our student population is significantly less than ACES and we are a much greater distance away from the airport.
14. Exterior noise levels from aircraft at this location average less than 60 CNEL, and not more than 20% of aircraft utilizing Palm Springs International Airport overfly the site; therefore, the project will not result in excessive aircraft-generated noise exposure for the proposed use.
King’s Schools:
The same is true for King’s Schools. The site is located outside the Palm Springs Airport Compatibility Plan 55 CNEL contour relative to aircraft noise contour. Therefore, no special measures to mitigate aircraft noise are required at this location.
15. Based on Findings No. 7 through 11 above, and with the project being subject to the conditions included herein, the project will not expose persons on the ground to an excessive safety hazard or risk, nor will it result in hazards to aircraft in flight.
King’s Schools:
The same is true for King’s Schools. We have no objection to 5 conditions listed in the staff report under the heading conditions (in the event of an overrule).
In summary, the evidence demonstrates that King’s Schools satisfies all 14 ALUC findings, just as ACES did during its modernization review. The long-standing use of this property as a school, the absence of any enrollment growth, the operational realities of classroom and gymnasium use, and the substantial adjacent open areas all support a finding of consistency.
We respectfully request that the Commission consider these facts, the consistency with ACES precedent, and the detailed operational data provided herein. Our school community has been part of Cathedral City for more than 30 years, and this modernization simply replaces aging, outdated buildings with safer, code-compliant facilities for the same students we serve today.
December 11, 2025
King’s Schools remains committed to working collaboratively with the Commission, City staff, and our surrounding community to maintain a safe and compatible campus that honors both aviation safety goals and the educational mission that has defined this property for nearly 70 years.
Thank you for your time, consideration, and service to our region. We remain available to provide additional information or clarification at your request. We value the Commission’s role in ensuring aviation safety and appreciate the opportunity to demonstrate the project’s consistency with the ALUCP.
Respectfully submitted,
Don DeLair
Founding Headmaster
ATTACHMENT A
AIRPORT LAND USE COMMISSION MINUTE ORDER APRIL 14, 2016
RIVERSIDE MEETING
AIRPORT LAND USE COMMISSION
MINUTE ORDER APRIL 14, 2016
RIVERSIDE MEETING
A regular scheduled meeting of the Airport Land Use Commission was held on April 14, 2016 at the Riverside County Administrative Center, Board Chambers.
COMMISSIONERS PRESENT: Simon Housman, Chairman
Rod Ballance, Vice Chairman
Arthur Butler
Glen Holmes
John Lyon
Steve Manos
Russell Betts, Alternate for Greg Pettis
COMMISSIONERS ABSENT: Greg Pettis
STAFF PRESENT: Ed Cooper, ALUC Director
John Guerin, Principal Planner
Paul Rull, Urban Regional Planner IV
Russell Brady, Contract Planner
Barbara Santos, ALUC Commission Secretary
Raymond Mistica, ALUC Counsel
OTHERS PRESENT: Julie Arthur, Palm Springs Unified School District
AIRPORT LAND USE COMMISSION
MINUTE ORDER APRIL 14, 2016
RIVERSIDE MEETING
I. I. I. AGENDA ITEM 2.1: ZAP1038PS16 – Palm Springs Unified School District (Representative: John Vega) - Environmental Impact Report State Clearingh ouse No. 2015031105. Palm Springs Unified School District proposes to replace existing buildings at Agua Caliente Elementary School located at 30-800 San Luis Rey Drive inside San Gabriel Drive Circle in Cathedral City with five new buildings at different areas within the school’s existing campus. The project would facilitate an increase in the capacity of the school so as to allow for an enrollment of up to 850 students, specifically including the addition of 120 pre -kindergarten students. (Airport Comp atibility Zone D of the Palm Springs International Airport Influence Area).
II. MAJOR ISSUES
The capacity of the proposed elementary school exceeds the maximum allowable average acre criterion of 100 and single-acre criterion of 300 people for Compatibility Zone D based on the Building Code Method. Additionally, children’s school uses are a discouraged use within Compatibility Zone D.
The proposed elementary school would replace the existing elementary school on the site, but is anticipated to increas e enrollment from 599 to an enrollment capacity of 828 and so would not be subject to the provisions for continuing to operate an existing nonconforming use pursuant to Countywide Policy 3.3.2.(b).
The applicant has stated that based on School District and State requirements, total occupancy for the site would comply with the average acre criterion of 100, but Building B occupancy would exceed the single-acre criterion on its own and other single -acre areas exceed the single -acre criterion as well.
Additionally, the maximum occupancy of Building E, which is primarily for assembly purposes and does not increase the permissible total enrollment, would substantially exceed the single -acre criterion.
III. STAFF RECOMMENDATION
Staff recommends a finding of INCONSISTENCY, based on the proposed project exceeding single - acre non -residential intensity criteria for Compatibility Zone D based on the Building Code Method and the project being a discouraged use within Compatibility Zone D, unless the Commission is willing to accept the applicant’s estimates for occupancy or make special circumstance findings pursuant to Countywide Policy 3.3.6.
At the request of the applicant, staff recommends that consideration of the project be CONTINUED to ALUC’s April 14, 2016 hearing to provide staff and the applicant additional time to review site design, including measures to mitigate potential hazards from aircraft.
IV. PROJECT DESCRIPTION
Palm Springs Unified School District proposes to replace existing buildings at Agua Caliente Elementary School with five new buildings at different areas within the school’s existing campus.
Outdoor recreation areas would also be provided. The project would facilitate an increase in the capacity of the school to allow for the enrollmen t of up to 828 students (originally estimated at 850 - 875). The project description in the Draft EIR referenced the addition of up to 120 students and associated faculty at the pre-kindergarten level (included among the 875).
The purpose of the proposal is to rebuild the school to modernize it and make it safer for the students.
The school is the central focus of the neighborhood in which it is located.
FINDINGS:
1. The proposed enrollment level would not exceed the actual enrollment that existed at t he time of Compatibility Plan adoption; therefore, the project would not increase the average intensity
AIRPORT LAND USE COMMISSION
MINUTE ORDER APRIL 14, 2016
RIVERSIDE MEETING
of the site.
2. Since no information is available regarding the single -acre intensity that existed at the time of Plan adoption, there is no evidence t hat the project would result in an increase in single -acre intensity.
3. The proposed capacity of the school would not exceed the peak number of students accommodated at the facility at or slightly after the time of Compatibility Plan adoption.
4. Although Building E has the capacity to accommodate approximately 747 people, the use of the assembly area within the building would be rare and for limited periods of time.
5. There are no other viable sites of residential fee land located outside a flood zone that could accommodate 600 students within the service area for this elementary school.
6. The project site is located in an area where average aircraft noise is below 60 CNEL, thus limiting noise impacts and potential nuisance complaints.
7. The purpose of the rebuilding is to provide for a safer school for the students.
8. All proposed buildings would be constructed of reinforced masonry block, and the Cathedral City Fire Department has prepared a letter that notes that the proposed new buildings and site improvements would include automatic fire sprinklers, integrated fire alarms, and additional fire lanes and fire hydrants that do not exist at the current facility; thus, potential fire hazards to facility occupants would be reduced.
9. The project site is not located beneath or near the extended centerline of the runway at Palm Springs International Airport or within the general traffic pattern envelope, wherein approximately 80% of aircraft overflights are expected to occur.
10. Approximately 25% o f the project site would consist of ALUC -qualifying open area, which substantially exceeds the minimum Compatibility Zone D requirement of 10% open area. This additional open area provides a potential location for emergency landings for small aircraft, which may assist in offsetting the risk of an emergency landing within the more intensely used portions of the site.
11. The nearby golf course and Whitewater Wash east of the project site constitute alternative potential emergency landing locations.
12. Based on the above findings, ALUC concludes that Agua Caliente Elementary School constitutes a nonconforming nonresidential development pursuant to Section 3.3.2(b) of the Countywide Policies of the 2004 Riverside County Airport Land Use Compatibility Plan a nd that the usage intensity is not being increased above the levels existing at the time of adoption of the 2005 Palm Springs International Airport Land Use Compatibility Plan.
13. The above findings constitute extraordinary circumstances warranting a pol icy exception for the proposed action.
14. Exterior noise levels from aircraft at this location average less than 60 CNEL, and not more than 20% of aircraft utilizing Palm Springs International Airport overfly the site; therefore, the project will not result in excessive aircraft-generated noise exposure for the proposed use.
AIRPORT LAND USE COMMISSION
MINUTE ORDER APRIL 14, 2016
RIVERSIDE MEETING
15. Based on Findings No. 7 through 11 above, and with the project being subject to the conditions included herein, the project will not expose persons on the ground to an excessive safety hazard or risk, nor will it result in hazards to aircraft in flight.
CONDITIONS:
1. Any new outdoor lighting installed shall be hooded or shielded to prevent either the spillage of lumens or reflection into the sky. Outdoor lighting shall be downward facing.
2. The following uses shall be prohibited:
(a) Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb followin g takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA -approved navigational signal light or visual approach slope indicator.
(b) Any use which would cause sunlight to be reflected towards an air craft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport.
(c) Any use which would generate smoke or water vapor or which would attract large concentrations of bird s, or which may otherwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, production of cereal grains, sunflower, and row crops, composting operations, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, construction and demolition debris facilities, fly ash disposal, and incinerators.)
(d) Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation.
(e) Hospitals, skilled nursing and care facilities, noise sensitive outdoor nonresidential uses and hazards to flight.
3. Building E shall not be made available to outside entities unless restricted to a maximu m of 300 persons, until such time as the Riverside County Airport Land Use Compatibility Plan is amended to potentially allow for single-acre intensities exceeding 450 persons in Compatibility Zone D.
4. The attached notice shall be given to all prospec tive purchasers of the property and shall be recorded as a deed notice.
5. No detention basins are depicted on the site plan. Any new detention basin(s) on the site shall be designed so as to provide for a maximum 48-hour detention period following the conclusion of the storm event for the design storm (may be less, but not more), and to remain totally dry between rainfalls. Vegetation in and around the detention basin(s) that would provide food or cover for bird species that would be incompatible with airport operations shall not be utilized in project landscaping.
AIRPORT LAND USE COMMISSION
MINUTE ORDER APRIL 14, 2016
RIVERSIDE MEETING
6. The recreation field areas including a soccer field and baseball field as generally shown in the northern portion of the site titled ALUC Diagram, dated 3/29/16 and Planting Plan dated 10/05/15 shall be kept free of obstructions such as walls, large trees or poles (greater than 4 inches in diameter, measured 4 feet above the ground), and overhead wires excluding those trees shown on the Planting Plan and a backstop/fence for the baseball field. Small trees and shrubs that exceed 4 feet in height and/or thickness of 4 inches may be allowed along the edge of open space areas where the area abuts a wall or other similar feature, provided that they are planted within 4 feet of the wall.
V. MEETING SUMMARY
The following staff presented the subject proposal:
ALUC Staff Planner: Russell Brady at (951) 955-0549, or e-mail at [email protected]
The following spoke neither for or against the project, but added information to the decision making process:
Julie Arthur, Palm Springs Unified School District, 980 E. Tahquitz Canyon , Ste 202, Palm Springs, CA 92262
No one spoke in favor or opposition to the project
VI. ALUC COMMISSION ACTION
The ALUC Commission by a unanimous vote of 7-0 found the project CONSISTENT pursuant to Policy 3.3.2. (b), based on the findings that: the proposed enrollment level would not exceed the actual enrollment that existed at the time of Compatibility Plan adoption, and that, therefore, the average intensity would not be increased; and that, since no information is available regarding the existing single-acre intensity at the time of Plan adoption, there is no evidence that the proposal would result in an increase in single-acre intensity; and pursuant to Policy 3.3.6, based on the findings presented in the staff report.
VII. CD
The entire discussion of this agenda item can be found on CD and referenced by the meeting time listed below. For a copy of the CD, please contact Barbara Santos, ALUC Commission Secreta ry, at (951) 955-5132 or E-mail at [email protected].
ITEM 2.1: TIME 9:01 A.M.
AIRPORT LAND USE COMMISSION
MINUTE ORDER APRIL 14, 2016
RIVERSIDE MEETING
I. I. I. AGENDA ITEM 3.1: ZAP1183MA16 – Jason Radwan (Representative: Blue Peak Engineering) – City of Perris Planning Case No. 15 -05196 (Tentative Parcel Map No. 37043). Tentative Parcel Map No. 37043 is a proposal to subdivide a 3.3 gross acre parcel into two commercial parcels. The proposed area of parcel 1 is 2.9 net acres and contains existi ng parking stalls and storage units as part of the existing commercial shopping center. The proposed area of Parcel 2 is 0.4 net acres and contains a Del Taco restaurant and drive -thru (currently under construction) and existing parking stalls. The project site is southerly of Ramona Expressway and easterly of Perris Boulevard, within the City of Perris. (Airport Compatibility Zone C1 of the March Air Reserve Base/Inland Port Airport Influence Area).
II. MAJOR ISSUES
None
III. STAFF RECOMMENDATION
Staff recommends a finding of CONSISTENCY for the Tentative Parcel Map, subject to the conditions included herein.
IV. PROJECT DESCRIPTION
Tentative Parcel Map No. 37043 is a proposal to subdivide a 3.3 gross acre parcel into two commercial parcels. The proposed area of parcel 1 is 2.9 net acres and contains existing parking stalls and storage units as part of an existing commercial shopping center. The proposed area of Parcel 2 is 0.4 net acres and contains a Del Taco restaurant and drive -thru (currently under construction) and existing parking stalls. The Del Taco restaurant was previously reviewed by ALUC staff under ZAP1116MA15 and approved by the Airport Land Use Commission in May 2015.
CONDITIONS:
1. Any outdoor lighting installed shall be hooded or shielded to prevent either the spillage of lumens or reflection into the sky. Outdoor lighting shall be downward facing.
2. The following uses shall be prohibited:
(a) Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA -approved navigational signal light or visual approach slope indicator.
(b) Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport.
(c) Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, produc tion of cereal grains, sunflower, and row crops, composting operations, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, construction and demolition debris facilities, fly ash disposal, and incinerators.)
(d) Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation.
AIRPORT LAND USE COMMISSION
MINUTE ORDER APRIL 14, 2016
RIVERSIDE MEETING
(e) Noise sensitive outdoor nonresidential uses and hazards to flight.
3. The attached notice shall be given to all prospective purchasers and/or tenants of the property and shall be recorded as a deed notice.
4. Any proposed detention basin(s) on the site (including bioretention areas for water quality treatment) shall be designed so as to provide for a maxim um 48 -hour detention period following the conclusion of the storm event for the design storm (may be less, but not more), and to remain totally dry between rainfalls. Vegetation in and around the retention basin(s) that would provide food or cover for bir d species that would be incompatible with airport operations shall not be utilized in project landscaping. Trees shall be spaced so as to prevent large expanses of contiguous canopy, when mature. Landscaping in and around the retention basin(s) shall not include trees that produce seeds, fruits, or berries.
5. March Air Reserve Base must be notified of any land use having an electromagnetic radiation component to assess whether a potential conflict with Air Base radio communications could result. Sources o f electromagnetic radiation include radio wave transmission in conjunction with remote equipment inclusive of irrigation controllers, access gates, etc.
6. The use within Parcel 2 of this parcel map has already been approved as a restaurant with a drive-thru. The floor plan reviewed by ALUC provides for 867 square feet of dining area. Any future tenant improvements that would increase the dining area to more than 1,100 square feet shall be submitted to ALUC as an amended review. The previous consistency determination applies specifically to use of this building as a restaurant.
V. MEETING SUMMARY
The following staff presented the subject proposal:
ALUC Staff Planner: Paul Rull at (951) 955-6893, or e-mail at [email protected]
No one spoke in favor, neutral or opposition to the project.
VI. ALUC COMMISSION ACTION
The ALUC Commission by a unanimous vote of 7-0 found the project CONSISTENT.
VII. CD
The entire discussion of this agenda item can be found on CD and referenced by the meeting time listed below. For a copy of the CD, please contact Barbara Santos, ALUC Commission Secretary, at (951) 955-5132 or E-mail at [email protected].
ITEM 3.1: TIME 9:23 A.M.
AIRPORT LAND USE COMMISSION
MINUTE ORDER APRIL 14, 2016
RIVERSIDE MEETING
I. I. I. AGENDA ITEM 3.2: ZAP1185MA16 – Vogel Properties (Representative: Nick Johnson) – City of Moreno Valley Case No. PA16 -0002 (Site Plan Review). The applicant is proposing to develop a 446,350 square foot warehouse/distribution center on 19.61 acres. The building fl oor plan consists of 426,350 square feet of warehouse area, 10,000 square feet of office area, and 10,000 square feet of mezzanine area. The project site is located northerly of Harley Knox Boulevard, southerly of a straight-line westerly extension of Grove View Road and Nandina Avenue, easterly of Heacock Street, and westerly of Indian Street. (Airport Compatibility Zones B2 and C1 of the March Air Reserve Base/Inland Port Airport Influence Area).
II. MAJOR ISSUES
None
III. STAFF RECOMMENDATION
Staff recommends that the Site Plan Review be found CONSISTENT, subject to the conditions included herein.
STAFF RECOMMENDED AT HEARING
CONTINUE to 5-12-16 (applicants request)
IV. PROJECT DESCRIPTION
The Site Plan Review is a proposal to develop a 446,350 s quare foot warehouse/distribution center on 19.61 acres. The building floor plan consists of 426,350 square feet of warehouse area, 10,000 square feet of office area, and 10,000 square feet of mezzanine area.
V. MEETING SUMMARY
The following staff presented the subject proposal:
ALUC Staff Planner: Paul Rull at (951) 955-6893, or e-mail at [email protected]
No one spoke in favor, neutral or opposition to the project.
VI. ALUC COMMISSION ACTION
The ALUC Commission by a unanimous vote of 7-0 CONTINUED the project to May 12, 2016.
VII. CD
The entire discussion of this agenda item can be found on CD and referenced by the meeting time listed below. For a copy of the CD, please contact Barbara Santos, ALUC Commission Secretary, at (951) 955-5132 or E-mail at [email protected].
ITEM 3.2: TIME 9:24 A.M.
AIRPORT LAND USE COMMISSION
MINUTE ORDER APRIL 14, 2016
RIVERSIDE MEETING
I. I. I. AGENDA ITEM 3.3: ZAP1184MA16 – MGP X Properties LLC (Representative: Romero Thorsen Design) – City of Riverside Planning Case Nos. P15-0820 (Specific Plan Amendment) and P15 -0978 (Design Review). The applicant is proposing to amend the Specific Plan Development Standards (Section IV) of the Canyon Springs Business Park Specific Plan to allow for an additional pylon sign along the 215 Freeway with a maximum height limit of 75 feet and total sign area of 760 square feet and to construct such a sign at the northwest corner of the 15.5 acre parcel that includes the Valley Gateway Plaza shopping center. The proposed sign structure will be 75 feet in height and 31.5 feet in width. The sign will be a non -LED sign and have five tenant sign panels totaling 660 square feet of sign area. The project site is located easterly of Interstate 215 and westerly of Valley Springs Parkway (Airport Compatibility Zone C1 of the March Air Reserve Base/Inland Port Airport Influence Area).
II. MAJOR ISSUES
None
III. STAFF RECOMMENDATION
Staff recommends that the Commission find the proposed Specific Plan Amendment CONSISTENT with the 2014 Marc h Air Reserve Base/Inland Port Airport Land Use Compatibility Plan, and find the proposed Design Review CONSISTENT, subject to the conditions included herein.
IV. PROJECT DESCRIPTION
The applicant is proposing to amend the Specific Plan Development Stand ards (Section IV) of the Canyon Springs Business Park Specific Plan to allow for an additional pylon sign along the 215 Freeway with a maximum height limit of 75 feet and total sign area of 760 square feet and to construct such a sign at the northwest corner of the 15.5 acre parcel that includes the Valley Gateway Plaza shopping center. The proposed sign structure will be 75 feet in height and 31.5 feet in width.
The sign will be a non -LED sign and will include a 100 square foot sign identifying the name of the shopping center, plus five tenant sign panels totaling 660 square feet of sign area.
CONDITIONS (applicable to the proposed Design Review):
1. Any outdoor lighting installed shall be hooded or shielded so as to prevent either the spillage of lumens or reflection into the sky. Outdoor lighting shall be downward facing.
2. The following uses/activities are not included in the proposed project and shall be prohibited:
(a) Any use which would direct a steady light or flashing light of red, white, gr een, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA -approved navigati onal signal light or visual approach slope indicator.
(b) Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport.
(c) Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area.
(d) Any use which would generate electrical interferenc e that may be detrimental to the operation of aircraft and/or aircraft instrumentation.
AIRPORT LAND USE COMMISSION
MINUTE ORDER APRIL 14, 2016
RIVERSIDE MEETING
(e) The use of any structures on this site as children’s schools, day care centers, libraries, hospitals, skilled nursing and care facilities, congregate care faciliti es, places of assembly- entertainment, or places of assembly-non-entertainment, excluding such uses as may have been established prior to November 13, 2014.
3. The attached disclosure notice shall be provided to all prospective purchasers of the property and tenants of the buildings, and shall be recorded as a deed notice.
4. March Air Reserve Base must be notified of any land use having an electromagnetic radiation component to assess whether a potential conflict with Air Base radio communications could result. Sources of electromagnetic radiation include radio wave transmission in conjunction with remote equipment inclusive of irrigation controllers, access gates, etc.
V. MEETING SUMMARY
The following staff presented the subject proposal:
ALUC Staff Planner: Paul Rull at (951) 955-6893, or e-mail at [email protected]
No one spoke in favor, neutral or opposition to the project.
VI. ALUC COMMISSION ACTION
The ALUC Commission by a unanimous vote of 7-0 found the project CONSISTENT.
VII. CD
The entire discussion of this agenda item can be found on CD and referenced by the meeting time listed below. For a copy of the CD, please contact Barbara Santos, ALUC Commission Secretary, at (951) 955-5132 or E-mail at [email protected].
ITEM 3.3: TIME 9:25 A.M.
AIRPORT LAND USE COMMISSION
MINUTE ORDER APRIL 14, 2016
RIVERSIDE MEETING
I. 4.0 ADMINISTRATIVE ITEMS
4.1 Director’s Approvals - Information only
4.2 Recordings of Commission Hearings and Commission Packets Now that the ALUC hearings held at the County Administrative Center are available on video at our website ( www.rcaluc.org), the Commissioners agreed that they no longer need the audio CD recordings mailed to them on an ongoing basis. The audio CD recordi ngs will be made available upon request, and will continue to be available to the public at a cost of $12.50.
4.3 Specific Delegation of Authority: Amendment to Canyon Springs Specific Plan An applicant proposing to add an additional tenant sign to a n existing pylon sign located along Highway 60 in the northeasterly portion of the Canyon Springs Specific Plan requested that the Commission delegate its authority to the ALUC Director to render a consistency finding regarding the associated Specific Plan Amendment.
The ALUC Commission by a unanimous vote of 7 -0 approved the Specific Delegation of Authority to the ALUC Director to make the requested determination.
4.4 Commissioner Reappointments
John Guerin, ALUC staff, advised that the City Selection Committee reappointed Commissioner Steve Manos at its meeting of March 14, 2016 and that the Board of Supervisors reappointed Commissioner Arthur Butler at its meeting of March 29, 2016.
Chairman Housman congratulated and thanked Commissioners Manos and Butler for their continued service.
II. 5.0 APPROVAL OF MINUTES
The ALUC Commission by a vote of 6 -0 approved the March 10, 2016 minutes. Abstained:
Commissioner Holmes
III. 6.0 ORAL COMMUNICATION ON ANY MATTER NOT ON THE AGENDA Russell Brady, A LUC planner, announced that this likely would be his last day presenting to the Commission and expressed his appreciation serving the Commission and for his time with ALUC for the past six plus years. Chairman Housman expressed that it has been an honor a nd pleasure working with Mr. Brady.
IV. 7.0 COMMISSIONER’S COMMENTS
7.1 March Joint Powers Authority TAC Report Update by Commissioner Ballance Nothing to report
Chairman Housman announced that the March Air Reserve Base Air Show will be held this weekend on April 16-17.
V. 8.0 ADJOURNMENT
Chairman Housman adjourned the meeting at 9:36 a.m.
AIRPORT LAND USE COMMISSION
MINUTE ORDER APRIL 14, 2016
RIVERSIDE MEETING
VI. CD
The entire discussion of this agenda item can be found on CD and referenced by the meeting time listed below. For a copy of the CD, please contact B arbara Santos, ALUC Commission Secretary, at (951) 955-5132 or E-mail at [email protected].
ITEM 4.0: TIME IS 9:27 A.M.