Agenda packet — Coachella City Council, March 7, 2022

Coachella Civic Center, Hearing Room
53-462 Enterprise Way, Coachella, California
(760) 398-3502  www.coachella.org
AGENDA

OF A REGULAR MEETING
OF THE

CITY OF COACHELLA

PLANNING COMMISSION
March 02, 2022
6:00 PM
PURSUANT ASSEMBLY BILL 361, ALONG WITH THE GOVERNOR’S STATE OF EMERGENCY DECLARATION ISSUED ON MARCH 4, 2020, THIS MEETING MAY BE CONDUCTED VIA TELECONFERENCE.

If you would like to attend the meeting via zoom, here is the link:
https://us02web.zoom.us/j/84544257915?pwd=VTdHWitpYVdOUk1NQW8vZ1pqUm0zQT09 Or one tap mobile :

Us: +16699006833,, 84544257915#,,,,* 380084# US
Or telephone:

Us: +1 669 900 6833
Webinar ID: 845 4425 7915
Passcode: 380084
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla Public comments may be received via email, telephonically, or via zoom with a limit of 250 words, or three minutes:

In real time:

If participating in real time via zoom or phone, during the public comment period, use the “raise hand” function on your computer, or when using a phone, participants can raise their hand by pressing *9 on the keypad.

In writing:

Written comments may be submitted to the commission electronically via email to [email protected]. Transmittal prior to the start of the meeting is required. All written comments received will be forwarded to the commission and entered into the record.

IF YOU WISH, YOU MAY LEAVE A MESSAGE AT (760) 398-3102, EXTENSION 122, BEFORE 4:00 P.M. ON THE DAY OF THE MEETING.
1 Agenda

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Planning Commission March 02, 2022
Complete Agenda Packets are available for public inspection in the CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

APPROVAL OF AGENDA:
“At this time the Commission may announce any items being pulled from the agenda or continued to another date or request the moving of an item on the agenda.”
APPROVAL OF THE MINUTES:

1. Draft Planning Commission Meeting Minutes - February 16, 2022 WRITTEN COMMUNICATIONS:

PUBLIC COMMENTS (NON-AGENDA ITEMS):
“The public may address the Commission on any item of interest to the public that is not on the agenda, but is within the subject matter jurisdiction thereof. Please limit your comments to three (3) minutes.” REPORTS AND REQUESTS:

NON-HEARING ITEMS:

2. Adopt Resolution No. PC 2022-04, an Interpretation of Coachella Municipal Code Section 17.72.010.F.1 (Architectural Review) approval authority for the architectural review of single-family residences. (CityInitiated) PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

3. Vino Y Seis – Alcohol Sales
Conditional Use Permit No. 352 to allow liquorsales as part of a proposed 1,213 sq. ft.square foot restaurant and wine bar (ABC Type 41, On-Sale Beer and Wine – Eating Place) in an existing commercial building located at 1517 6th Street in the C-G (General Commercial) zone. Nicolas Meza and Leticia Meza Ayon(Applicant)

4. Architectural Review No. 21-12 (Amendment)
Modification to Conditions of Approval related to screening of rooftop-mounted equipment of the proposed 20,442 sq. ft. Aldi Supermarket building on 1.94 acres at the northeast corner of Cesar Chavez Street and First Street (APN# 778-020-007 and 778-010-017). Applicant: Coachella Retail Realty Associates, LP.

INFORMATIONAL:

ADJOURNMENT:
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Planning Commission March 02, 2022

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES Development Services Department at 53-990 Enterprise Way, Coachella, California, and on the City’s website www.coachella.org.
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Planning Commission March 02, 2022
Coachella Civic Center, Hearing Room
53-462 Enterprise Way, Coachella, California
(760) 398-3502  www.coachella.org
AGENDA
DE UNA REUNIÓN ORDINARIA
DE LA
COMISIÓN DE PLANIFICACIÓN

DE LA CIUDAD DE COACHELLA
2 de Marzo, 2022
6:00 PM
DE ACUERDO CON EL PROYECTO DE LEY 361 DE LA ASAMBLEA, JUNTO CON LA DECLARACIÓN DEL ESTADO DE EMERGENCIA DEL GOBERNADOR EMITIDA EL 4 DE MARZO DE 2020, ESTA REUNIÓN SE PODRÁ REALIZAR POR TELECONFERENCIA.

Si desea asistir a la reunión a través de zoom, aquí está el enlace:
https://us02web.zoom.us/j/84544257915?pwd=VTdHWitpYVdOUk1NQW8vZ1pqUm0zQT09 O one tap mobile:

Us: +16699006833,, 84544257915#,,,,* 380084# US
O teléfono:

Us: +1 669 900 6833
ID del webinar: 845 4425 7915
Código de acceso: 380084
Español: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla Los comentarios públicos se pueden recibir por correo electrónico, por teléfono o por zoom con un límite de 250 palabras o tres minutos:

En vivo:

Si participa en vivo a través de zoom o teléfono, durante el período de comentarios públicos, use la función "levantar la mano" en su computadora, o cuando use un teléfono, los participantes pueden levantar la mano presionando *9 en el teclado.

Por escrito:

Los comentarios escritos pueden enviarse a la comisión electrónicamente por correo electrónico a [email protected]. Se requiere la transmisión antes del inicio de la reunión. Todos los comentarios escritos recibidos serán enviados a la comisión e ingresados en el registro.

SI LO DESEA, PUEDE DEJAR UN MENSAJE EN EL (760) 398-3102, EXTENSIÓN 122, ANTES DE LAS 4:00 P.M. DEL DÍA DE LA REUNIÓN.
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Planning Commission March 02, 2022
Los paquetes completos de la agenda están disponibles para inspección pública en el Departamento de Servicios de Desarrollo en 53-990 Enterprise Way, Coachella, California, y en el sitio web de la ciudad www.coachella.org.

LLAMADO AL ORDEN:

JURAMENTO A LA BANDERA:

PASE DE LISTA:

APROBACIÓN DE LAAGENDA:
“En este momento, la Comisión puede anunciar cualquier punto que está siendo retirado de la agenda o continuado a otra fecha o solicitar el traslado de un punto de la agenda”.

APROBACION DE LAS ACTAS:

1. Borrador de las Actas de la Comisión de Planificación - 16 de Febrero de 2022 COMUNICACIONES ESCRITAS:

COMENTARIOS DEL PÚBLICO (PUNTOS QUE NO ESTÁN EN LA AGENDA):
“El público puede dirigirse a la Comisión sobre cualquier tema de interés para el público que no esté en la agenda, pero que esté dentro de la jurisdicción de la materia de la misma. Por favor limite sus comentarios a tres (3) minutos”.

INFORMES Y SOLICITUDES:

PUNTOS QUE NO SON DE AUDIENCIA:

2. Adoptar la Resolución PC Núm. 2022-03 que aprueba una interpretación de la autoridad de aprobación de la Sección 17.72.010.f.1 (revisión arquitectónica) del Código Municipal de Coachella para la revisión arquitectónica de residencias unifamiliares. Solicitante: Iniciado por la ciudad.

CALENDARIO DE AUDIENCIAS PÚBLICAS (CUASI-JUDICIAL):

3. Vino Y Seis – Venta de alcohol
Permiso de uso condicional núm. 352 para permitir la venta de alcohol como parte de un restaurante y bar de vinos propuesto de 1,213 pies cuadrados (ABC Tipo 41, Cerveza y vino a la venta – Lugar para comer) en un edificio comercial existente ubicado en 1517 6th Street en la zona CG (Comercial General).

Nicolás Meza y Leticia Meza Ayon (Solicitantes).

4. Revisión arquitectónica núm. 21-12 Modificación a la Condición de Aprobación relacionada con la inspección de equipos montados en el tejado del edificio propuesto del Supermercado Aldi de 20,442 pies cuadrados. Coachella Retail Realty, LLC. Coachella Retail Realty, LLC (Solicitante).

INFORMATIVO:

SE SUSPENDE LASESIÓN:
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Planning Commission March 02, 2022
ESTA REUNIÓN ES ACCESIBLE PARA PERSONAS CON DISCAPACIDAD 6 Coachella Civic Center, Hearing Room
53-462 Enterprise Way, Coachella, California
(760) 398-3502  www.coachella.org

MINUTES

OF A REGULAR MEETING
OF THE

CITY OF COACHELLA

PLANNING COMMISSION
February 16, 2022
6:00 PM
PURSUANT ASSEMBLY BILL 361, ALONG WITH THE GOVERNOR’S STATE OF EMERGENCY DECLARATION ISSUED ON MARCH 4, 2020, THIS MEETING MAY BE CONDUCTED VIA TELECONFERENCE.

If you would like to attend the meeting via zoom, here is the link:
https://us02web.zoom.us/j/84544257915?pwd=VTdHWitpYVdOUk1NQW8vZ1pqUm0zQT09 Or one tap mobile :

Us: +16699006833,, 84544257915#,,,,* 380084# US
Or telephone:

Us: +1 669 900 6833
Webinar ID: 845 4425 7915
Passcode: 380084
Public comments may be received via email, telephonically, or via zoom with a limit of 250 words, or three minutes:

In real time:

In writing:

Minutes Planning Commission February 16, 2022

Page 2 ends

IF YOU WISH, YOU MAY LEAVE A MESSAGE AT (760) 398-3102, EXTENSION 122, BEFORE 4:00 P.M. ON THE DAY OF THE MEETING.

CALL TO ORDER: 6:03 P.M.

PLEDGE OF ALLEGIANCE:

Commissioner Figueroa
ROLL CALL:

Commissioners Present: Commissioner Figueroa, Commissioner Leal, Chair Virgen (All Planning Commissioners participated via teleconference)
*Commissioner Gonzalez shown on the Zoom meeting and not considered present during the roll call since he was not audible during the roll call. Commissioner Gonzalez was considered present during the Approval of the Agenda.

Staff Present: *Gabriel Perez, Development Services Director *Nikki Gomez, Associate Planner
*Rosa Montoya, Development Service Technician
*Andrew Simmons, City Engineer
*Participated in meeting via teleconference
APPROVAL OF AGENDA:
“At this time the Commission may announce any items being pulled from the agenda or continued to another date or request the moving of an item on the agenda.”

IT WAS MOVED BY COMISSIONER FIGUEROA AND SECOND BY COMMISSIONER GONZALEZ TO APPROVE THE AGENDA.

Approved by the following roll call vote:

AYES: Commissioner Figueroa, Commissioner Gonzalez, Commissioner Leal, Chair Virgen NOES: None.

ABSTAIN: None.

ABSENT: Vice Chair Navarrete
APPROVAL OF THE MINUTES:

1. Draft Planning Commission Minutes – January 19, 2022

IT WAS MOVED BY COMMISSIONER GONZALEZ AND SECONDED BY COMMISSIONER FIGUEROA TO APPROVE THE MINUTES.

Approved by the following roll call vote:

AYES: Commissioner Figueroa, Commissioner Gonzalez, Commissioner Leal, Chair Virgen NOES: None.

ABSTAIN: None.
8 Item 1.

Minutes Planning Commission February 16, 2022

Page 3 ends

ABSENT: Vice Chair Navarrete
WRITTEN COMMUNICATIONS:

None
PUBLIC COMMENTS (NON-AGENDA ITEMS):
“The public may address the Commission on any item of interest to the public that is not on the agenda, but is within the subject matter jurisdiction thereof. Please limit your comments to three (3) minutes.” REPORTS AND REQUESTS:

None
NON-HEARING ITEMS:

2. Woodspur Farms Photovoltaic Project - A request to consider an appeal of conditions of approval contained in the Architecture Review (AR) 21-10 (Admin) for a solar farm project located 52200 Industrial Way.

Applicant, William Hsien
Nikki Gomez, Associate Planner narrated a power point presentation for the item. A copy of the presentation is on file in the Planning Division.

William Hsien, Applicant narrated a power point presentation for the item to the Planning Commission.

IT WAS MOVED BY COMMISSIONER GONZALEZ AND SECONDED BY CHAIR VIRGEN TO ADOPT RESOLUTION NO. PC2022-02, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COACHELLA, CALIFORNIA AFFIRMING THE DIRECTOR’S DECISION FOR ARCHITECTURE REVIEW 21-10 AND DENYING THE APPLICANT’S REQUEST TO REMOVE STREET IMPROVEMENT

CONDITIONS OF APPROVAL FOR THE PROPOSED WOODSPUR FARMS PV (SOLAR FARM) PROJECT.

Approved by the following roll call vote:

AYES: Commissioner Figueroa, Commissioner Gonzalez, Commissioner Leal, Chair Virgen NOES: None.

ABSTAIN: None.

ABSENT: Vice Chair Navarrete

3. Interpretation of Coachella Municipal Code Section 17.72.010.F.1 (Architectural Review) approval authority for the architectural review of single-family residences. City-Initiated Gabriel Perez, Development Services Director, narrated a power point presentation for the item. A copy of the presentation is on file in the Planning Division.

IT WAS MOVED BY COMMISSIONER GONZALEZ AND SECONDED BY COMMISSIONER FIGUEROA that:
a) staff prepare a Planning Commission Resolution approving an interpretation that Coachella Municipal Code Section 17.72.010.F.1 applies to proposed single-family residential projects that do not exceed 3 single family 9 Item 1.

Minutes Planning Commission February 16, 2022

Page 4 ends

residences and does not apply to residential projects where more than 3 single-family residences are proposed; and
b) staff prepare a zoning ordinance amendment for future consideration that clarifies administrative Architectural Review decision-making authority.

Approved by the following roll call vote:

AYES: Commissioner Figueroa, Commissioner Gonzalez, Commissioner Leal, Chair Virgen NOES: None.

ABSTAIN: None.

ABSENT: Vice Chair Navarrete
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

None
INFORMATIONAL:

Upcoming Ethics Training Webinar – Thursday, February 24 10:00 A.M. Gabriel Perez, Development Services Director, reported the online training opportunity available to the Planning Commission.

ADJOURNMENT: 7:24 P.M.

Respectfully Submitted by,
________________________
Gabriel Perez
Planning Commission Secretary
Complete Agenda Packets are available for public inspection in the Development Services Department at 53-990 Enterprise Way, Coachella, California, and on the City’s website www.coachella.org.

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES 10 Item 1.
1 STAFF REPORT
3/7/2022
TO: Planning Commission Chair and Commissioners
FROM: Gabriel Perez, Development Services Director
SUBJECT: Adopt Resolution No. PC 2022-04, an Interpretation of Coachella Municipal Code Section 17.72.010.F.1 (Architectural Review) approval authority for the architectural review of single-family residences.

STAFF RECOMMENDATION:

Staff recommends that the Planning Commission adopt Resolution No. PC 2022-04 approving an interpretation of Coachella Municipal Code Section 17.72.010.F.1.

BACKGROUND:

The Coachella Zoning Ordinance sets forth the process for the review and approval of land use entitlement applications for projects within the City. Depending upon the type, size and scope of a project, the Zoning Code assigns responsibility for application review and approval among the City’s Planning Director, the Planning Commission and the City Council. The Planning Division presented streamlining Zoning Ordinance recommendations to the Planning Commission on April 20, 2016. The streamlining code amendments included:
 Allowances for minor variances for setbacks, fence height, off-street parking, building height, sign area, and accessory structures that can be approved by the Planning Director.  Administrative Architectural Review for certain commercial, single-family residential and multi-family residential projects where previously the Planning Commission was the approval authority of all Architectural Reviews.
 Call-Up procedures that allow Planning Commission and City Council to consider an item that was decided by a lower decision-making body if the “call-up” is requested within 15 days of the decision.

The Planning Commission recommended approval of the recommendations and the City Council adopted the streamlining zoning ordinance amendments on May 25, 2016. The Planning Commission considered the interpretation as presented by staff on February 16, 2022 and requested that staff prepare a resolution to approve an interpretation of Coachella Municipal Code Section 17.72.010.F.1.
11 Item 2.
2 DISCUSSION/ANALYSIS:

Staff prepared an interpretation as shown below and reflected in the attached resolution that Coachella Municipal Code Section 17.72.010.F.1 intended that the administrative Architectural Review process apply to single-family residential projects that did not exceed 1-3 individual single-family residences rather than large production single-family home tracts that offer only 3 single-family residential plan options. The interpretation is as follows:

INTERPRETATION OF COACHELLA MUNICIPAL CODE SECTION

17.72.010.F.1:

The interpretation is made that Coachella Municipal Code Section 17.72.010.F.1, as shown in bold below, applies to proposed single-family residential projects that do not exceed 3 single family residences and the Section does not apply to residential projects where more than 3 single-family residences are proposed. Administrative Architectural Review, pursuant to Coachella Municipal Code Section 17.72.010.F.1, is not applicable to production residential projects that exceed construction 3 single-family homes when no more than 3 residential floor plans are proposed.

Coachella Municipal Code Section 17.72.010.F.1:

F. Approving Authority and Basis for Approval of Architectural Review.

1. For Architectural Review involving (i) Not more than three single family residences pursuant to Section 17.16.030(C) and new one-family and two-family dwelling units pursuant to Section 17.18.030F1 (ii) five hundred (500) square feet of new multifamily residential square footage or less or (iii) two thousand (2,000) square feet of new commercial/industrial square footage or less, the planning director shall be the reviewing and approval authority. For all other architectural review, the planning commission shall be the approving authority.

ALTERNATIVES:
1) Adopt Planning Commission Resolution No. PC 2022-04 that a) approves an interpretation that Coachella Municipal Code Section 17.72.010.F.1 applies to proposed single-family residential projects that do not exceed 3 single family residences and does not apply to residential projects where more than 3 single-family residences are proposed; and b) requests that staff prepare a zoning ordinance amendment for future consideration that clarifies administrative Architectural Review decision-making authority. 3) Continue this item and provide staff and the applicant with direction.

RECOMMENDED ALTERNATIVE:

Staff recommends alternative #1 as staff believes this would encourage more architectural variety from single-family residential builders for new residential neighborhoods citywide. 12 Item 2.
3 Attachments: 1. Planning Commission Resolution No. PC 2022-04

2. Chapter 17.72 Architectural Review

3. Planning Commission Staff Report - February 16, 2022

4. Planning Commission Staff Report - April 20, 2016 – ZOA 16-02 Streamlining Code Amendments
13 Item 2.

RESOLUTION NO. PC 2022-04

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

COACHELLA, CALIFORNIA APPROVING AN INTERPRETATION OF
COACHELLA MUNICIPAL CODE SECTION 17.72.010.F.1 (ARCHITECTURAL

REVIEW) APPROVAL AUTHORITY FOR THE ARCHITECTURAL REVIEW OF SINGLE-FAMILY RESIDENCES. APPLICANT: CITY INITIATED.

WHEREAS, The City of Coachella Planning Commission recommended the City Council approval of streamlining code amendments on April 20, 2016 that included establishing an administrative process for Architectural Review of certain residential and commercial project, along with other changes such as minor variances and call-up procedures; and,
WHEREAS, the City Council considered and adopted the streamlining zoning ordinance amendments on May 25, 2016; and,
WHEREAS, an interpretation of Coachella Municipal Code Section

17.72.010.F.1, which was approved with 2016 streamlining code amendments, is necessary as according the Development Services Director the Section has been applied contrary to the intent and its plain reading; and,
WHEREAS, Coachella Municipal Code Section 17.72.010.F.1 established an approval authority for project thresholds that include three single family residences, 500 sq. ft. of new multifamily residential square footage or less and 2,000 sq. ft. of new commercial/industrial square footage or less that may be approved by the Planning Director.

WHEREAS, the Planning Commission staff report of April 20, 2016 indicates that the Coachella Municipal Code Section 17.72.010.F.1 procedures were intended for small projects and include not more than 3 single family residences; and, WHEREAS, the Coachella Municipal Code Section 17.72.010.F.1 has been used to apply an administrative Architectural Review process to production homes that exceed development of 20 homes, insofar as only 3 floor plans were proposed; and, WHEREAS, the application of the Coachella Municipal Code Section

17.72.010.F.1 to large production home projects is contrary to the intent expressed in the Planning Commission staff report in April 20, 2016 of the administrative Architectural Review to apply to small projects ; and,
WHEREAS, the Planning Commission at their February 16, 2022 regular meeting considered the interpretation of Coachella Municipal Code Section 17.72.010.F.1 as presented by the Development Services Director that the Section should only allow for administrative Architectural Review for the proposed construction of 3 individual single family homes and not be used to apply to production home developments that propose the construction of more than 3 single family residences; and, 14 Item 2.

Resolution No. PC2022-04

Page 2 ends

WHEREAS, the Planning Commission at their February 16, 2022 regular meeting requested that staff prepare a Planning Commission Resolution that concurs with the interpretation presented by the Development Services Director.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Coachella, California does hereby request that Planning Division staff prepare a zoning ordinance amendment that clarifies the administrative Architectural Review decision-making authority and approves the Interpretation of Coachella Municipal Code Section 17.72.010.F.1 as follows:

INTERPRETATION OF COACHELLA MUNICIPAL CODE SECTION 17.72.010.F.1:

The interpretation is made that Coachella Municipal Code Section 17.72.010.F.1, as shown in bold below, applies to proposed single-family residential projects that do not exceed 3 single-family residences and the Section does not apply to residential projects where more than 3 single-family residences are proposed. Administrative Architectural Review, pursuant to Coachella Municipal Code Section 17.72.010.F.1, is not applicable to production residential projects that exceed construction 3 single-family homes when no more than 3 residential floor plans are proposed.

Coachella Municipal Code Section 17.72.010.F.1:

F. Approving Authority and Basis for Approval of Architectural Review.

Resolution No. PC2022-04

Page 3 ends

PASSED APPROVED and ADOPTED this 7
th day of March 2022 by the following
vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Stephanie Virgen
Planning Commission Chairperson
ATTEST:
______________________________
Gabriel Perez
Planning Commission Secretary
APPROVED AS TO FORM:
_____________________________
Carlos Campos
City Attorney
16 Item 2.

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. PC2022-04 was duly adopted by the Planning Commission of the City of Coachella at a regular meeting thereof, held on this 2nd day of March 2022 by the following vote of the Planning Commission:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Gabriel Perez
Planning Commission Secretary
17 Item 2.
2/12/22, 4:25 PM Coachella, CA Code of Ordinances
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A.

1. 2.

1. E.

1. Chapter 17.72 - ARCHITECTURAL REVIEW

17.72.010 - Architectural review.

Intent and Purpose. To provide flexibility in the placement and interrelationship of structures and uses subject to architectural review; to provide for the implementation of sound site plan design concepts while maintaining the overall intensity of land use and density of population; to review the site plan of those uses which are not intrinsically objectionable to the predominant use category of the district, but which have inherent characteristics which, if not properly handled, have potentials for becoming detrimental to the health, safety, or general welfare of the public, or to neighboring land uses; to determine whether or not a proposed development will properly comply with the architectural guidelines of the city and the provisions and development standards required by this chapter or as prescribed by the planning director, or other authorized agent; to improve the quality of development and to provide a mechanism whereby the city can insure well-designed development.

Submission of Site Plan. Any use, development of land, structure, building or modification of standards requiring the submission of a site plan for architectural review shall not be established, modified or otherwise altered. No certificate of occupancy shall be issued until all of the requirements of this section have been met. Continued conformance with such a plan and such requirements shall be a condition of any certificate of occupancy.

Required Plans or Documents.

A site plan for any use, development of land, structure, building or modification of standards that involves architectural review.

Such other forms or documents as are necessary to determine compliance with the provisions of this chapter or any conditions that the planning director or planning commission may impose in granting an approval of the requested use, development or modification.

Application Forms.

The planning director shall prescribe the form for applications and site plans, and the information to be included in the required site plan for architectural review.

Required Information. Applications involving architectural review shall contain site plans as set forth in Section 17.62.010.

Projects Subject to Pre-Application Review. All projects subject to pre-application review, pursuant to Section 17.77.020, shall complete the pre-application review process prior to submitting a formal development application. A copy of the pre-application review written report shall be submitted along with the application for architectural review. 18 Item 2.
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2/3
F.

1. 2.

3. G.

1. 2.

3. I.

1. 2.

1. Approving Authority and Basis for Approval of Architectural Review.

For Architectural Review involving (i) Not more than three single family residences pursuant to Section 17.16.030(C) and new one-family and two-family dwelling units pursuant to Section

17.18.030F1 (ii) five hundred (500) square feet of new multifamily residential square footage or less or (iii) two thousand (2,000) square feet of new commercial/industrial square footage or less, the planning director shall be the reviewing and approval authority. For all other architectural review, the planning commission shall be the approving authority.

Development to comply with provisions of this chapter. Every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this chapter.

Compatibility with neighboring property. Every use, development of land and application of architectural guidelines and development standards shall be considered on the basis of the suitability of the site for a particular use or development intended, and the total development, including the prescribed development standards, shall be so arranged as to avoid traffic congestion, insure the protection of public health, safety and general welfare, prevent adverse effects on neighboring property and shall be in accord with all elements of the general plan.

Reserved.

Action Upon Site Plans. The planning director or planning commission, whichever is applicable, acting upon any site plans offered for review as provided in this chapter, shall either:

Approve; or,
Approve with modification and conditions; or,
Disapprove the proposed site plan, development or modification as requested in the application.

Notice of Action on a Site Plan.

Notification to the Applicant. The planning director shall notify the applicant by mail of the action taken on the application.

Appeal. In the event the applicant does not agree with the action taken on a site plan by the planning director or planning commission, he may appeal such decision (to the planning commission if a decision of the planning director, and to the city council if a decision of the planning commission). Such appeal shall be filed within fifteen (15) days after the date on which the determination was mailed. The decision of the city council shall be final.

Expiration of Architectural Approval.

Architectural approval shall expire three hundred sixty-five (365) days from approval unless the applicant has: obtained a building permit; paid all applicable fees; commenced 19 Item 2.
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3/3

2. 3.
a.
b.
c.
d.

4. construction; and is diligently pursuing completion. A cessation of construction for a period of more than thirty (30) consecutive days shall be presumed to be nondiligent.

The architectural review approval that has been granted, but not been exercised within one year, may be renewed for three one year time extensions only if an application stating reasons for renewal is filed with the planning director at least ten (10) days prior to one year after the effective date of the architectural review approval. The original approving authority for the architectural review (planning director or planning commission) shall render a decision regarding an extension. If an applicant requests a time extension after the architectural review approval has expired, a retroactive time extension may be approved; however the application fees are double. In the event that the planning director or planning commission acts to renew an architectural approval, the planning director or planning commission may impose any additional conditions on the architectural approval as a condition of its renewal.

In the event that such additional conditions are not acceptable to the applicant and/or owner, the planning director or planning commission shall deny the renewal.

The criteria for granting a three hundred sixty-five (365) day extension are:

No significant change has occurred in the surrounding neighborhood; The project conforms to existing and any new building and zone requirements; A request for the extension is properly filed with the planning director ten (10) days or more prior to expiration; and
The applicant states upon affidavit the reasons requiring an extension and such other criteria as the planning department shall set forth in the application.

The planning director or planning commission shall grant the extension if good cause is set forth in the application.
(Ord. 1004-(2) § 3, 2008; prior code § 080.10)
(Ord. No. 1087, § 5, 5-25-16)
20 Item 2.
1 STAFF REPORT
2/16/2022
TO: Planning Commission Chair and Commissioners
FROM: Gabriel Perez, Development Services Director
SUBJECT: Interpretation of Coachella Municipal Code Section 17.72.010.F.1 (Architectural Review) approval authority for the architectural review of single-family residences.

STAFF RECOMMENDATION:

Staff recommends that the Planning Commission review the information contained in the staff report and provide an interpretation of Coachella Municipal Code Section 17.72.010.F.1.

BACKGROUND:

The Planning Commission recommended approval of the recommendations and the City Council adopted the streamlining zoning ordinance amendments on May 25, 2016.

DISCUSSION/ANALYSIS:

Planning Division staff requests that the Planning Commission provide an interpretation of Section

17.72.010.F.1, in Chapter 17.71 - Architectural Review, due to the ambiguity of the standards for 61 Item 3.
21 Item 2.
2 administrative approval of single-family residences. The Zoning Ordinance language of Section

17.72.010.F.1 is as follows, with the pertinent language in bold:

F. Approving Authority and Basis for Approval of Architectural Review.

In the reading of this section, it would appear that a residential builder could propose construction of 1 to 3 single-family residences under an administrative Architectural Review approval. Singlefamily residential projects exceeding 3 single family units such as Valencia (Pulte), Escondida Pointe (D.R. Horton), Mariposa Pointe (D.R. Horton) were approved through an administrative Architectural Review and did not require consideration by the Planning Commission. The Development Services Department previously authorized the administrative review of these projects insofar as no more than three “production home” plans were proposed. The 2016 staff report to the Planning Commission (Attachment 2) stated that the administrative review was intended for small projects. Valencia, Escondida Pointe, and Mariposa Pointe are projects that exceed 20 homes and are considered major residential developments in the City of Coachella.

Single-family residential production builders have proposed single-family residential plans limited to 3 plans in order to qualify as an administrative Architectural Review, based on a previous interpretation of the Architectural Review decision-making authority by the Development Services Department. Staff believes that staff report presented to the Planning Commission on April 20, 2016, clearly intended the administrative Architectural Review to apply to single-family residential projects that did not exceed 1-3 individual homes rather than large production singlefamily home tracts that offer only 3 single-family residential plan options.

ALTERNATIVES:
1) Request that a) staff prepare a Planning Commission Resolution approving an interpretation that Coachella Municipal Code Section 17.72.010.F.1 applies to proposed single-family residential projects that do not exceed 3 single family residences and does not apply to residential projects where more than 3 single-family residences are proposed; and b) staff prepare a zoning ordinance amendment for future consideration that clarifies administrative Architectural Review decision-making authority. 2) Request that staff prepare a Planning Commission Resolution approving an interpretation that affirms that Coachella Municipal Code Section 17.72.010.F.1 can apply to residential projects where more than 3 single-family residences are proposed. 3) Continue this item and provide staff and the applicant with direction. 62 Item 3.
22 Item 2.
3 RECOMMENDED ALTERNATIVE:

Staff recommends alternative #1 as staff believes this would encourage more architectural variety from single-family residential builders for new residential neighborhoods citywide.

Attachments: 1. Chapter 17.72 Architectural Review

2. April 20, 2016 Planning Commission Staff Report – ZOA 16-02 Streamlining Code Amendments
63 Item 3.
23 Item 2.

TO: Planning Commission
FROM: Luis Lopez, Development Services Director
SUBJECT: Zoning Ordinance Amendment (ZOA 16-02) amending various sections of the Coachella Zoning Code in order to streamline the application review and approval process for land use entitlement applications.

STAFF RECOMMENDATION:

Staff recommends that the Planning Commission recommend to the City Council approval of the attached draft Zoning Ordinance Amendment (ZOA 16-02) amending various sections of the Coachella Zoning Code in order to streamline the application review and approval process for land use entitlement applications.

BACKGROUND:

The Coachella Zoning Code sets forth the process for the review and approval of land use entitlement applications for projects within the City. Depending upon the type, size and scope of a project, the Zoning Code assigns responsibility for application review and approval among the City’s Planning Director, the Planning Commission and the City Council. Over the years, working with the current Code, City Staff has identified opportunities to simplify and streamline the application review and approval process.

DISCUSSION/ANALYSIS:

Minor Variances:

As an example, if a project requires 100 parking spaces and the applicant is seeking a limited variance of only 5 parking spaces, the current Code nonetheless requires this to be reviewed by the Planning Commission at a noticed public hearing. The additional Staff time to prepare for a public hearing adds cost and delay to these types of projects. Staff believes that most “minor variances” involve only slight modifications that do not pose significant land use challenges to the City. Therefore, most do not warrant a full noticed public hearing. The attached Ordinance proposes to delegate review of certain “minor variances” to the City’s Planning Director, without a public hearing. These “minor variances” would include the following:
1) Reduction in front, side or rear yard setback by not more than 10% of Code-required minimum;

STAFF REPORT
4/20/2016
24 Item 2.
2) Increase in fence height not more than 10% above Code-required maximum; 3) Reduction in required off-street parking, by not more than 5% of Code-required minimum; 4) Increase in building height not more than 5% above Code-required maximum; 5) Modification of allowable sign area not more than 10% above Code-required maximum; 6) Modification of allowable size of accessory structures no more than 10% above Coderequired maximum, and reduction in minimum distance between accessory structures and other buildings not more than 10% of Code required minimum, in residential zones.

The Planning Director would be required to render a written decision within 60 days after receiving a complete application and must base his or her findings upon the same “unique circumstances/hardship” standards as the Planning Commission. All “major variances” (variances larger in scope than those identified above) would still be reviewed by the Planning Commission. Further, if the Planning Commission believes a “minor variance” warrants consideration at a public hearing, it may “call up” the matter to hear it on appeal (see “call up” appeals below).

Administrative Architectural Review:

Under the current Code, all architectural review applications are considered by the Planning Commission. Staff believes that the process can be better streamlined by allowing architectural review for small projects to be decided by the Planning Director. Therefore, the attached Ordinance delegates architectural review for the following projects to the Planning Director:
1) not more than 3 single family residences or new one-family and two-family dwelling units; 2) not more than 500 square feet of new multi-family residential square footage; or 3) not more than 2,000 square feet of new commercial/industrial square footage.

All other architectural review decisions would remain with the Planning Commission. Further, if the Planning Commission believes an architectural review application warrants consideration at a public hearing, it may “call up” the matter to hear it on appeal (see “call up” appeals below).

Extensions of time to utilize architectural review would be decided by the person(s) who rendered the original decision (either the Planning Director of Planning Commission). “Call Up” Appeal Procedure and Other Technical Clarifications Regarding Appeal Process:

The current Code provides that an appeal of a land use decision shall be filed (presumably by the applicant) within 15 days after the notice of determination is mailed. However, if the applicant does not file an appeal, there is no procedure for further review. The attached Ordinance adds a procedure by which any two members of the Planning Commission or City Council (whichever body is the next direct level of review) may “call up” a decision for review by that body without 25 Item 2.
the applicant having to file an appeal. The decision must be “called up” in writing within 15 days after the notice of determination by the lower body was mailed. Once “called up”, the matter would be processed like any applicant-filed appeal.

The Ordinance makes other technical clarifications regarding appeals: (i) That appeals are de novo hearings (the appeal body is not bound by the findings of the prior decision), and (ii) That if the appeal body fails to decide a matter, the prior decision made at the lower level stands.

Other Technical/Conforming Amendments:

The Ordinance makes other technical/confirming changes consistent with the amendments discussed above. For example, from time to time, questions regarding technical interpretation or implementation of the Zoning Code will arise. In many cases, it is cumbersome to bring these questions directly to the City Council or Planning Commission. Therefore, this Ordinance expressly authorizes the Planning Director to adopt administrative rules, interpretations and minor extensions consistent with the Zoning Code to carry out its terms. This has been the Planning Department’s practice for many years and the amendment merely codifies this practice.

This ordinance also eliminates all references to the “Office of Zoning Administration” and “Zoning Administrator”. The City has not had these positions for many years and the reference is outdated. The Planning Director carries out these roles and the Code’s terms would be amended to reflect this.

ALTERNATIVES:
1) Recommend to City Council approval of the attached draft ordinance approving Zoning Ordinance Amendment 16-02.
2) Recommend to City Council approval of portions of the draft Ordinance, or a modified version of the Ordinance.
3) Continue this item and provide staff with direction.

RECOMMENDED ALTERNATIVE(S):

Staff recommends Alternative #1 above.

Attachment: Draft Ordinance approving ZOA #16-02
26 Item 2.

STAFF REPORT
3/7/2022
TO: Planning Commission Chair and Commissioners
FROM: Gabriel Perez, Development Services Director
SUBJECT: Vino Y Seis – Alcohol Sales
SPECIFICS: Conditional Use Permit No. 352 to allow liquor sales as part of a proposed 1,213 sq. ft. square foot restaurant and wine bar (ABC Type 41, On-Sale Beer and Wine – Eating Place) in an existing commercial building located at 1517 6th Street in the C-G (General Commercial) zone. Nicolas Meza and Leticia Meza Ayon (Applicant) STAFF RECOMMENDATION:

Staff recommends that the Planning Commission adopt Resolution No. PC 2022-03 approving Conditional Use Permit (CUP) No. 352 to allow a liquor sales license (Type 41, On-Sale Beer and Wine – Eating Place) at the proposed “Vino Y Seis” eating establishment located at 1517 6th Street pursuant to the findings and conditions of approval contained in the attached resolution.

BACKGROUND:

The subject site is an existing commercial tenant space located in the “Old Fire Station” located at 1517 6th Street (APN 778-062-001). An early record shows the building began construction on January 7, 1928, although a Historic Resources Inventory worksheet estimates the construction date of 1932. The building is listed in the City of Coachella Historic Resources Inventory as a building of local interest, but not eligible for National or State listing. The building has not been officially designated by the City as a building of local interest. The building has served as a branch of the Coachella Boxing Club, Altura Credit Union and a City of Coachella Utility service building.

The applicant was selected from a 2020 Request for Proposals by the City of Coachella for a longterm lease of the Old Fire Station as an economic development opportunity that would provide a unique destination restaurant and/or related retail operation with a distinctive menu/experience that will cater to visitors of the Downtown Pueblo Viejo District and draw people to the area for a memorable experience. The applicant proposed a wine bar eating establishment for the tenant space and is currently preparing the tenant improvements. The applicant describes the proposed food service to include sushi and American style kitchen cuisine. 27 Item 3.

DISCUSSION/ANALYSIS:

The applicant, Nicolas Meza and Leticia Meza Ayon, submitted a request for a CUP to allow the on-sale of liquor (beer, wine and spirits) at proposed Vino Y Seis restaurant and wine bar.

The zoning designation of the commercial center where the store is proposed is within the C-G (General Commercial) and allows liquor sales with approval of a CUP. In December of 2016, the City adopted an ordinance requiring a conditional use permit for any off-sale and on-sale alcohol sales establishment, with additional land use regulations contained in Section 17.74.015 of the Zoning Code. Due to the location within the Pueblo Viejo zone, the 700-foot distance requirements from playgrounds, residential property, and other liquor stores do not apply. The Conditional Use Permit findings are required to be made by the Planning Commission. 28 Item 3.

Vino Y Seis location at 1517 6th Street “Old Fire House” The floor plan for Vino Y Seis restaurant includes a counter area for seating of up to 6 chairs and indoor seating with up to 6 tables and 28 seats. The applicant proposes 4 picnic-type tables for outdoor dining. Service of alcohol beverages in outdoor dining areas may require additional enclosures or security measures by the California Department of Alcohol Beverage Control.

Staff contacted the Lieutenant Vasquez with the Riverside County Sheriff regarding any concerns for the proposed business that the Planning Commission may want to consider when making findings or including conditions of approval for the CUP. Lieutenant Vasquez did not identify any concerns with the business and does not recommend any conditions of approval.

Hours of Operation:

The applicant has not indicated specific hours of operation for the wine bar and restaurant on their application but does propose opening in daytime and evening. The CUP includes conditions of approval that the alcohol service last call occur at 1:30 a.m.

Environmental Setting:

The subject site is a small suite in an existing commercial building at 1517 6th Street substantially surrounded by urban uses, with adjoining zoning and land uses as follows:

North: Coachella Veterans Memorial Park / (C-G, General Commercial) 29 Item 3.

South: 6th Street and Commercial Retail (Las Tres Conchitas and Tru Self Care Boutique / (C-G, General Commercial)
East: Vine Avenue and Jalisco restaurant / (C-G, General Commercial) West: Coachella City Hall building/ (C-G, General Commercial) Site Plan / Parking and Circulation:

The site is fully developed and does not provide on-site parking. Due to the business operating within an existing building within the Sixth Street commercial core area and located within 500 feet of a publicly owned parking lot (City), no parking is required for the business. The closest available parking is diagonal public parking along Vine Street.

ENVIRONMENTAL REVIEW:

Staff has determined that the proposed project is categorically exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act as “Existing Facilities” (CEQA Guidelines, Section 15301). The proposed project consists of the operation, licensing and minor alteration of an existing private commercial structure involving no expansion of existing or former commercial use on the property. The subject site has been used for commercial retail establishments and no expansions of floor area are proposed.

CONCLUSIONS AND RECOMMENDATIONS
Based on the analysis contained herein and the findings listed below, staff is recommending that the Planning Commission approve Conditional Use Permit No. 352 with the findings and conditions listed in Resolution No. PC 2022-03, and in the attached resolution.

Attachments:

1. Resolution No. PC 2022-03

2. Vicinity Map

3. Vino Y Seis Floor Plan

4. Existing Photos
30 Item 3.

RESOLUTION NO. PC 2022-03

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
COACHELLA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 352 TO ALLOW ON-SALE BEER AND WINE SERVICE FOR THE 1,213 SQUARE FOOT VINO Y SEIS EATING PLACE (ABC LICENSE TYPE 41 – ONSALE BEER AND WINE – EATING PLACE), IN AN EXISTING COMMERCIAL BUILDING LOCATED AT 1517 6TH STREET, (APN 778-062-001); NICOLAS MEZA AND LETICIA MEZA AYON, APPLICANT.

WHEREAS, Nicolas Meza and Leticia Meza Ayon filed an application for Conditional Use Permit No. 352 (CUP 352) to allow a 1,213 square foot eating place with service of beer and wine (ABC License Type 41 – On Sale Beer and Wine Eating Place) in an existing commercial building located at 1517 6th Street; Assessor’s Parcel No. 778-062- 001 (“Project”); and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing on CUP No. 352 on March 7, 2022 at the Coachella Permit Center, 53-990 Enterprise Way, Coachella, California regarding the proposed Project; and, WHEREAS, at the Planning Commission hearing, the Applicant and members of the public were present and were afforded an opportunity to testify regarding the Project; and,
WHEREAS, the Project is permitted pursuant to Chapter 17.74 of the Coachella Municipal Code.

WHEREAS, the proposed use is necessary or desirable for the development of the community, is consistent with the objectives of the City’s General Plan, and is not detrimental to the existing uses or the uses specifically permitted in the zone in which the proposed use is to be located; and,
WHEREAS, the proposed site is adequate in size and shape to accommodate the proposed restaurant with on-sale beer and wine; and,
WHEREAS, the site for proposed use relates properly to streets which are designed to carry the type and quantity of traffic to be generated by the proposed use; and, WHEREAS, the proposed project is exempt from the California Environmental Quality Act, as amended; and,
WHEREAS, the conditions as stipulated by the City are necessary to protect the public health, safety and welfare of the community.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Coachella, California does hereby approve Conditional Use Permit No. 352, subject to the findings and conditions of approval listed below. 31 Item 3.

Resolution No. PC2022-03

Page 2 ends

FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT NO. 352:

1. The proposed use will not be in conflict with, but will be in harmony with and in accordance with the objectives of the general plan because the proposed restaurant use with alcohol sales is within the Downtown Center land use designation according to the General Plan 2035, which allows the intended physical character to provide a convenient and congenial environment for everyday shopping and dining, the Downtown brings the entire community together in a one-of-a-kind Coachella center that is the civic heart of the City. The on sale offerings of beer and wine at Vino Y Seis will provide a unique service to the Downtown Center and citywide that accomplished the goals of the General Plan.

2. The proposed use will be located, designed, constructed, operated and maintained so as to be compatible with the existing character of the general vicinity and shall not change the essential character of the same area because the proposed use is within a zoning designation of ‘C-G' (General Commercial) which permits cocktail lounges subject to obtaining a conditional use permit to sell alcoholic beverages. The proposed use in the Sixth Street commercial core area and is compatible with the adjoining commercial uses and the conditional use permit can be revoked if any of the conditions of approval are violated.

3. Consideration has been given to harmony in scale, bulk, coverage and density, to the availability of public facilities and utilities, to harmful effect, if any, upon desirable neighborhood character, to the generation of traffic and the capacity of surrounding streets, and to any other relevant impact of development, because the existing commercial tenant space is within an existing commercial building with all infrastructure available on-site for the existing restaurant. Due to the location of the business in the Sixth Street Commercial Core and distance within 500 feet of a public parking lot, the business is exempt from providing on-site parking pursuant to the City Parking Ordinance Chapter

17.54. 4. Where the proposed use may be potentially hazardous or disturbing to existing or reasonably expected neighboring uses, it must be justified by the common public interest as a benefit to the community as a whole. As conditioned, the proposed use will provide for the sale of alcoholic beverages. The Riverside County Sheriff indicated that there no concerns about the operations of this establishment including service of on-sale beer. The Sherriff’s Department not recommend conditions related to public safety concerns. As such, there will be no hazardous or disturbing effects to the existing and neighboring uses.

5. The proposed use provides vehicular approaches to the property designed for reasonable minimal interference with traffic on surrounding public streets or roads. Vehicular approaches are not required for the location. The existing building is a historic building with a traditional neighborhood design appropriate for a Downtown Center that is of a scale that promotes walkability. Vehicular public parking along public streets is sufficient.
32 Item 3.

Resolution No. PC2022-03

Page 3 ends

6. The City of Coachella has determined that the proposed project is categorically exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act as an “Existing Facilities” project (CEQA Guidelines, Section 15301a) as the proposed on sale service of liquor will occur in conjunction with an existing business in an existing commercial building.

CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 352:

1. Conditional Use Permit No. 352 is an approval for the on sale of beer and wine in conjunction with the Vino Y Seis eating place. This approval is based on the floor plan submitted for the proposed project. Violation of any of the conditions of approval shall be cause for revocation of the Conditional Use Permit.

2. Alcohol sales must be commenced within 12 months of the effective date of this Conditional Use Permit unless a request for an extension of time is reviewed by the Planning Commission. A request for time extension shall be filed in a timely manner with applicable fees.

3. Any break in service, meaning the closure of the convenience grocery store use for a period of 180 consecutive days, will result in the expiration of this CUP.

4. The applicant will agree to defend and indemnify the City of Coachella against all claims, actions, damages, and losses, including attorney fees and costs, in the event that anyone files legal challenges to the approval of this project on the basis of the California Environmental Quality Act (CEQA). Prior to the issuance of building permits, the applicant shall execute a standard indemnification agreement subject to review by the City Attorney.

5. The use shall meet the standards within the limits established by the Coachella Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation.

6. Hours of operation for the cocktail lounge may be from 7:00 a.m. to 2:00 am Friday through Saturday, with last call for alcohol service at 1:30 a.m.

7. The applicant shall comply with all requirements imposed by the State Department of Alcoholic Beverage Control and a review of this conditional use permit will be required if the business results in an increase in floor area.
33 Item 3.

Resolution No. PC2022-03

Page 4 ends

PASSED APPROVED and ADOPTED this 7th day of March 2022 by the following vote:

AYES:

NOES:

ABSENT:

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. PC2022-03 was duly adopted by the Planning Commission of the City of Coachella at a regular meeting thereof, held on this 7th day of March 2022 by the following vote of the Planning Commission:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Gabriel Perez
Planning Commission Secretary
35 Item 3.

Vicinity Map
¯
Site
6th Street
Vine Street
36 Item 3.
37 Item 3.

Existing Photos (1517 6th Street) Attachment 4
38 Item 3.

STAFF REPORT
3/7/2022
TO: Planning Commission
FROM: Gabriel Perez, Development Services Director
SUBJECT: Architectural Review No. 21-12 (Amendment) Modification to Conditions of Approval related to screening of rooftop-mounted equipment of the proposed 20,442 sq. ft. Aldi Supermarket building on 1.94 acres at the northeast corner of Cesar Chavez Street and First Street (APN# 778-020-007 and 778-010-017).

Applicant: Coachella Retail Realty Associates, LP.

EXECUTIVE SUMMARY:

Coachella Retail Realty Associates, LP requests Planning Commission approval of modifications to the conditions approval related to rooftop mounted equipment screening of the 20,442 sq. ft.

Aldi supermarket. The applicant also requests the Planning Commission recommend approval of a revision to Tentative Parcel Map 37940 to accommodate parking for the Aldi supermarket on

1.94 acres located at the northeast corner of Cesar Chavez Street and First Street.

BACKGROUND:

On December 15, 2021, the Planning Commission
considered the proposed project at the southerly portion of the Fountainhead Plaza commercial center at the
corner of Cesar Chavez Street and Frist Street and
approved the development of the proposed 2,600 sq. ft.

Panda Express drive thru restaurant and a 20,442 sq. ft.

Aldi supermarket with Type 20 Alcohol Sales (Off-Sale
Beer and Wine) on January 5, 2022.

DISCUSSION/ANALYSIS
The proposed development is a development of the
originally entitled project CUP No. 233 and
Architectural Review (AR) 07-20. The surrounding land uses and zoning designations are as follows:

North: Existing commercial development, America’s Tire (C-G, General Commercial).

South: Existing single family residences across First St. (R-S, Single Family Residential). 39 Item 4.

East: Foster-Gardner agricultural products (nonconforming) industrial site (C-G, General Commercial).

West: Existing commercial development across Harrison Street (C-G, General Commercial).

Architectural Design
The overall architectural design Aldi incorporates modern architectural design with distinct material and color patterns for each buildings that differ from the original architectural conceptual design of Fountainhead Plaza as characterized by the Spanish Colonial revival appearance of the Walgreens drug store building.

Aldi Supermarket
The Aldi building uses modern architecture consisting of CMU block, cement panels, clear glass metal trellises and aluminum composite panels (Attachment 6). The front elevation of Aldi is west-facing towards Cesar Chavez Street. This elevation consists of a tower element, 30’9” at the highest point, consisting of aluminum composite panels (ACP), a covered walkway with ACP panels, and a storefront window system. The largest expanse of the elevation is comprised of a CMU and cement panel system with a finished metal cap. Two narrow horizontal clear glass areas are provided on this elevation. The truck loading area is located toward the north end of this elevation and a metal trellis has been added to provide visual relief.

The side elevations facing First Street is the elevation with the highest quality architectural design with a large modern sloping roof feature consisting of an ACP panels system, combination fiber cement panel and CMU wall system, aluminum canopy extending over pedestrian walkways and building entrance. The rear wall is largely a blank expanse of CMU block with a singular color and visibility of the back of the tower element.

Aldi Rooftop-mounted Equipment
The front building walls proposed in AR 21-12 do not fully screen rooftop mechanical equipment and instead a Roof Top Unit (RTU), which extends approximately 1 foot above the roof height, screens the HVAC equipment. Commercial developments are consistently conditioned to screen rooftop-mounted equipment by a parapet wall greater than the height of the equipment installed.

This condition was included in AR No. 21-12 (Condition of Approval No. 72 and 73)) and rooftop screening by the building parapet is characteristic of all the existing buildings (Walgreens, McDonalds, Taco Bell) within Fountainhead Plaza. Parapet walls are higher than rooftop-mounted equipment on approved elevation plans for Starbuck and Panda Express buildings. Conditions No. 72 and 73 requires Aldi to amend their building elevation plans so that rooftop-mounted equipment does not exceed the height of the building parapet walls.

The applicant requests to maintain current Aldi elevation designs as they content that the rooftopmounted equipment would not be visible to the public at ground level from various vantage point and therefore achieves the City’s goals of screening rooftop equipment. The applicant believes that the rooftop-mounted screening requirements of the Conditions of Approval No. 72 and 73 of Resolution No. 2021-25 are too restrictive and requests they be amended as follows:
40 Item 4.

Resolution 2021-25 Approved Conditions of Approval (72 and 73):

72. All roof mounted mechanical equipment shall be view obscured by a parapet wall greater in height than the equipment installed. Ground mounted mechanical equipment shall be view obscured by landscaping or enclosure. Roof Top Unit (RTU) screens shall not satisfy this condition for roof mounted equipment screening.

73. The Aldi supermarket elevation plans shall be revised demonstrating that rooftop equipment is not visible above exterior wall parapets. All elevations of Aldi supermarket shall include exterior wall parapets that view obscure roof mounted mechanical equipment.

Requested Modification to Conditions of Approval (72 and 73) strikeout for proposed deleted text and requested added text in bold:

72. All roof mounted mechanical equipment shall be view obscured by a parapet wall greater in height than the equipment installed with the exception of the Aldi building, where roof top units shall not be visible from the adjacent roadways per line of sight exhibit. Ground mounted mechanical equipment shall be view obscured by landscaping or enclosure. Roof Top Unit (RTU) screens shall not satisfy this condition for roof mounted equipment screening.

73. The Aldi supermarket elevation plans shall be revised demonstrating that rooftop equipment is not visible above exterior wall parapets roof top units shall not be visible from the adjacent roadways per line of sight exhibit. All elevations of Aldi supermarket shall include exterior wall parapets that view obscure roof mounted mechanical equipment from the adjacent roadways per line of sight exhibit.

Figure 1: Front elevation showing RTU visible above Aldi building parapet wall The Condition of Approval modification requested by the applicant would allow Aldi supermarket to maintain the rooftop-mounted equipment at a height 1 foot above the parapet wall, insofar as the equipment is not visible to a person at ground level. The applicant provided a sight line study to demonstrate that a person at ground level would not be able to view the rooftop equipment from 41 Item 4.
a distance of 327’ away from the Aldi building along Cesar Chavez Street (Attachment 7). The sight line study also shows that rooftop equipment would be screened from other ground level vantage points at distances beyond 200 feet from the Aldi building. A separate sight line study was prepared for the approval of the Walgreens commercial building to demonstrate that rooftop equipment would be screened from vehicle and pedestrian traffic crossing the Avenue 50 bridge, which is at a higher elevation than the Fountainhead Plaza (Attachment 8).

In a review of other recently constructed Southern California Aldi supermarket locations, the level of screening of rooftop-mounted equipment varies as explained below:
• Aldi in the City of Murrieta (39025 Date St) – Parapet walls are higher than Rooftopmounted equipment which screen equipment even from higher elevations North on Winchester Road.
• Aldi in the City of Perris (80 Citrus Ave) – Parapet walls are lower than the RTU unit surrounding the rooftop-mounted equipment at rear or side elevations. The architectural plans presented in a staff report to the City of Perris Planning Commission did not show rooftop-mounted equipment higher than the parapet wall. • Aldi in the City of San Jacinto (1667 S. San Jacinto Ave) – Parapet walls are lower than the rooftop-mounted equipment. About 2-3 feet of the rooftop equipment is visible from ground level at San Jacinto Avenue Arterial Road.
• Aldi in the City of La Quinta (78601 Highway 111) – Parapet walls are higher than rooftopmounted equipment and is not visible from any vantage point including at ground level at Highway 111.

ENVIRONMENTAL IMPACT CONSIDERATION
The Planning Commission adopted a Mitigated Negative Declaration as part of Environmental Initial Study (EIS 07-16) on May 7, 2008 for the Fountainhead Plaza for all phases of the project. Staff determined that the proposed development and modifications will not result in any new environmental effects that were not previously analyzed as part of the original project. As such, no additional environmental review or further mitigation is required for this request.

ALTERNATIVES:
1) Adopt Resolution No. PC 2022-05 approving an amendment to Architectural Review No. 21-12 (Aldi) by modifying conditions of approval nos. 72 and 73 (Resolution No. PC 2021-25) with the findings and conditions.
2) Adopt Resolution No. PC 2022-06, denying the requested modification to conditions 72 and

73. 3) Continue this item and provide staff and the applicant with direction. 42 Item 4.

RECOMMENDED ALTERNATIVE(S):

Staff recommends alternative #2.

Attachments:

1. PC Resolution No. 2022-05 for AR No. 21-12 Amendment Exhibit A – Modified Conditions of Approval for AR No. 21-12

2. PC Resolution No. 2022-06 for AR No. 21-12 Amendment

3. Approved PC Resolution No. 2021-25 (Aldi Supermarket and Panda Express) 4. Vicinity Map 5. Site Plan

6. Architectural Plans – Aldi Supermarket (AR No. 21-12) 7. Sight line Study – Aldi Supermarket 8. Sight line Study – Walgreens (2008) 9. Photos of other Aldi Locations

10. Planning Commission Meeting Staff Report January 5, 2022 43 Item 4.

RESOLUTION NO. PC2022-05

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

COACHELLA, CALIFORNIA APPROVING A REQUEST TO AMEND
CONDITIONS OF APPROVAL NOS. 72 AND 73 OF ARCHITECTURAL
REVIEW 21-12 RELATED TO THE SCREENING OF ROOF-TOP
MOUNTED EQUIPMENT OF THE PROPOSED 20,442 SQ. FT. ALDI
SUPERMARKET BUILDING ON 1.94 ACRES OF VACANT LAND

LOCATED AT THE NORTHEAST CORNER OF FIRST STREET AND
CESAR CHAVEZ STREET (APN 778-020-007 AND 778-010-017)
COACHELLA RETAL REALTY ASSSOCIATES, LP (APPLICANT).

WHEREAS Coachella Retail Realty Associates, LP filed an application for an amendment to Architectural Review (AR) 21-12 to amend Conditions of Approval 72 and 73 of Resolution PC2021-25 related to rooftop-mounted equipment screening for the approved 20,422 sq. ft. supermarket located at the northeast corner of First Street and Cesar Chavez Street (APN 778-020- 007 and 778-010-017); and,
WHEREAS on December 15, 2021 and January 5, 2022, the Planning Commission of the City of Coachella held a duly noticed public hearing, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties, and approved AR No. 21-12 and CUP 347 for the Aldi Supermarket and Panda Express and recommended approval to the City Council of Conditional Use Permit (CUP) No. 321 and AR 20-03 for Starbucks and 7-Eleven; and
WHEREAS on March 7, 2022, the Planning Commission of the City of Coachella held a duly noticed public hearing on the amendment to AR 21-12, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties for the Aldi Supermarket; and
WHEREAS the proposed use is necessary or desirable for the development of the community, is consistent with the objectives of the City’s General Plan, and is not detrimental to the existing uses or the uses specifically permitted in the zone in which the proposed use is to be located; and,
WHEREAS the proposed site is adequate in size and shape to accommodate the proposed development; and,
WHEREAS, the Planning Division completed an initial environmental assessment of the above matter and in accordance with the California Environmental Quality Act (CEQA) recommends the Planning Commission determine the project will not result in any new environmental effects that were not previously analyzed as part of the original project under Environmental Initial Study 07-16 on May 7, 2008 for Fountainhead Plaza for all phases of the project.

WHEREAS the conditions as stipulated by the City are necessary to protect the public health, safety and welfare of the community.

Attachment 1
44 Item 4.

Resolution PC2021-25

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Coachella, California hereby resolve as follows:

Section 1. Incorporation of Recitals
The Planning Commission hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the Planning Commission as fully set forth in this resolution.

Section 2. CEQA Findings
Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the Planning Commission, and the facts outlined below, the Planning Commission hereby finds and determines that the proposed project will not result in any new environmental effects that were not previously analyzed as part of the original project under Environmental Initial Study 07-16 on May 7, 2008 for Fountainhead Plaza for all phases of the project.

Section 3. Architectural Review Findings
With respect to Architectural Review 21-12 (Amendment), the Planning Commission finds as follows for the proposed for the 20,422 sq. ft. Aldi supermarket:

1. The Architectural Review amendment is consistent with the goals, objectives, policies, and implementation measures of the Coachella General Plan 203. The site has a Downtown Center land use designation that allows for a range of retail uses. The proposed uses on the site are in keeping with the policies of the Downtown Center land use classification and the Project is internally consistent with other General Plan policies for this type of development.

2. The proposed use will be located, designed, constructed, operated and maintained so as to be compatible with the existing or intended character of the general vicinity and shall not change the essential character of the same area. The proposed project is in compliance with the applicable development standards for the C-G (General Commercial) Zoning District of the City's Zoning Code. The site plan proposes the construction and operation of a development consisting of a 20,422 sq. ft. supermarket on 2.85 acres of vacant land of a 5.9 acre site within Tentative Parcel Map 37940, in accordance with section 17.74.010 of the Coachella Municipal Code.

3. Consideration is given to harmony in scale, bulk, coverage and density, to the availability of public facilities and utilities, to harmful effect, if any, upon desirable neighborhood character, to the generation of traffic and the capacity of surrounding streets, and to any other relevant impact of the development. The proposed project is in compliance with the applicable development standards for the C-G (General Commercial) Zoning District of the City's Zoning Code. The proposed development consists of a 20,422 sq. ft. supermarket, on 1,94 acres of vacant land of a 5.9 acre site which will provide City residents and regional residents with a supermarket and increase availability of fresh produce which will provide convenience to motorist within the region. The proposed use is compatible with existing adjacent uses, which include similar land uses and large commercial development sites. Though existing 45 Item 4.

Resolution No. PC2022-05

Page 3 ends

buildings within the Fountainhead Plaza commercial center are designed with parapet walls higher than rooftop-mounted equipment, a sight line study for the Aldi supermarket demonstrates that rooftop-mounted equipment height would not be visible to the public at ground level from various vantage points at different directions from the supermarket building.

4. The Project will be compatible with neighboring properties with respect to land development patterns. The proposed development would development according to the development standards of the C-G Zone at a scale, massing, and aesthetic appeal of existing development is in keeping with development of neighboring properties.

5. The proposed use will include three new vehicular approaches to the property designed to improve off-site and on-site vehicular circulation for existing traffic on surrounding public streets or roads. Evidence of this is reflected in the provided site plan design. The three new proposed drive aisles and internal circulation have been reviewed and approved by the Fire Department and the Engineering Department.

Section 5. Planning Commission Approval
Based on the foregoing recitals and findings above, and the written and oral comments, facts and evidence presented, the City of Coachella Planning Commission hereby approves Architectural Review 21-12 (Amendment), modifying conditions of approval 72 and 73 of Resolution PC2021- 25, as set forth in “Exhibit A”
PASSED APPROVED and ADOPTED this 7th day of March 2022. ___________________________________
Stephanie Virgen, Chairperson
Coachella Planning Commission
ATTEST:
_________________________________
Gabriel Perez
Planning Commission Secretary
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney
46 Item 4.

I HEREBY CERTIFY that the foregoing Resolution No. PC2022-05, was duly adopted at a regular meeting of the Planning Commission of the City of Coachella, California, held on the 7th day of March 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Gabriel Perez
Planning Commission Secretary
47 Item 4.

Resolution No. PC 2022-05 EXHIBIT A

CONDITIONS OF APPROVAL
ARCHITECTURAL REVIEW NO. 21-12 AMENDMENT FOUNTAINHEAD PLAZA (ALDI SUPERMARKET AND PANDA EXPRESS) – MODIFIED CONDITIONS OF RESOLUTION NO. PC2021-25
*Modified conditions are in “Bold” and deleted text is in “strike-out.” Architecture

Ground mounted mechanical equipment shall be view obscured by landscaping or enclosure. Roof Top Unit (RTU) screens shall not satisfy this condition for roof mounted equipment screening.

RESOLUTION NO. PC2022-06

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

COACHELLA, CALIFORNIA DENYING A REQUEST TO AMEND
CONDITIONS OF APPROVAL NOS. 72 AND 73 OF ARCHITECTURAL
REVIEW 21-12 RELATED TO THE SCREENING OF ROOF-TOP
MOUNTED EQUIPMENT OF THE PROPOSED 20,442 SQ. FT. ALDI
SUPERMARKET BUILDING ON 1.94 ACRES OF VACANT LAND

LOCATED AT THE NORTHEAST CORNER OF FIRST STREET AND
CESAR CHAVEZ STREET (APN 778-020-007 AND 778-010-017)
COACHELLA RETAL REALTY ASSSOCIATES, LP (APPLICANT).

WHEREAS Coachella Retail Realty Associates, LP filed an application for an amendment to Architectural Review (AR) No. 21-12 to amend Conditions of Approval 72 and 73 of Resolution PC2021-25 related to rooftop-mounted equipment screening for the approved 20,422 sq. ft. supermarket located at the northeast corner of First Street and Cesar Chavez Street (APN 778-020- 007 and 778-010-017); and,
WHEREAS on December 15, 2021 and January 5, 2022, the Planning Commission of the City of Coachella held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties, and approved AR No. 21-12 and CUP 347 for the Aldi Supermarket and Panda Express and recommended approval to the City Council of Conditional Use Permit (CUP) No. 321 and AR 20-03 for Starbucks and 7-Eleven; and
WHEREAS the requested amendment to AR No. 21-12 is not desirable for the development of the community and is detrimental to the existing aesthetics and uses at the Fountainhead Plaza commercial center and commercial centers in the vicinity in which the proposed use is to be located; and,
WHEREAS the proposed site is adequate in size and shape to accommodate the proposed development; and,
WHEREAS, the Planning Division completed an initial environmental assessment of the above matter and in accordance with the California Environmental Quality Act (CEQA) recommends the Planning Commission determine the project will not result in any new environmental effects that were not previously analyzed as part of the original project under Environmental Initial Study 07-16 on May 7, 2008 for Fountainhead Plaza for all phases of the project.

WHEREAS on March 7, 2022, the Planning Commission of the City of Coachella held a duly noticed public hearing on the amendment to AR 21-12, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties for the Aldi Supermarket.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Coachella, California hereby resolve as follows:

Attachment 2
49 Item 4.

Resolution PC2022-06

Page 2 ends

Section 3. Architectural Review Findings for Denial
With respect to Architectural Review 21-12 (Amendment), the Planning Commission finds as follows for the proposed for the 20,422 sq. ft. Aldi supermarket:

1. The Architectural Review amendment is largely consistent with the goals, objectives, policies, and implementation measures of the Coachella General Plan 2030, except that the requested amendment would make the proposed project inconsistent with the General Plan goals to revitalize the existing City by providing care and attention to the existing built environment and defining the form and character of new development that differentiates Coachella from its neighbors (General Plan 04-2 and 04-3). Revising a screening condition for rooftop equipment would reduce the aesthetic quality of commercial development projects and may set a precedence for future development.

2. The proposed use would not be designed and constructed to be compatible with the existing or intended character of the general vicinity and would change the essential character of the same area. Though the proposed project is in compliance with the applicable development standards for the C-G (General Commercial) Zoning District of the City's Zoning Code, the proposed parapet wall for the Aldi supermarket would be below the height of the HVAC and RTU equipment and therefore inconsistent with standards conditions for new commercial development that requires a parapet wall greater in height than the rooftop-mounted equipment. The existing Walgreens, Taco Bell, and McDonalds building include elevation design where parapet walls exceed the height of rooftop-mounted equipment. The Aldi supermarket building without full rooftop screening by parapet wall would be inconsistent with existing building rooftop equipment screening pattern within the shopping center and would result in a reduction of the aesthetic quality of commercial buildings in the commercial center and along Cesar Chavez Street.

Resolution No. PC2022-06

Page 3 ends

Review 21-12 (Amendment), a request to modify conditions of approval 72 and 73 of Resolution PC2021-25.

PASSED APPROVED and ADOPTED this 7th day of March 2022. ___________________________________
Stephanie Virgen, Chairperson
Coachella Planning Commission
ATTEST:
_________________________________
Gabriel Perez
Planning Commission Secretary
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney
51 Item 4.

I HEREBY CERTIFY that the foregoing Resolution No. PC2022-06, was duly adopted at a regular meeting of the Planning Commission of the City of Coachella, California, held on the 7th day of March 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Gabriel Perez
Planning Commission Secretary
52 Item 4.

RESOLUTION NO. PC2021-25

A RESOLUTION OF THE CITY OF COACHELLA PLANNING
COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 346,
CONDITIONAL USE PERMIT NO. 347, AND ARCHITECTURAL
REVIEW 21-12 TO ALLOW THE CONSTRUCTION OF A 2,600 SQ. FT.

DRIVE-THRU RESTAURANT AND A 20,422 SQ. FT. SUPERMARKET
WITH TYPE 20 (BEER AND WINE) ALCOHOL SALES ON 2.85 ACRES

OF VACANT LAND LOCATED AT THE NORTHEAST CORNER OF
FIRST STREET AND CESAR CHAVEZ STREET. (APN 778-020-007 AND 778-010-017) COACHELLA RETAL REALTY ASSSOCIATES, LP
(APPLICANT).

WHEREAS Coachella Retail Realty Associates, LP filed an application for Conditional Use Permit (CUP 346), CUP 347, Architectural Review (AR) 21-12 and amendments to CUP 321, AR 20-03, and Tentative Parcel Map (TPM) 37940 to allow the construction of a 2,028 sq. ft. drive-thru coffee shop, 2,600 sq. ft. drive-thru restaurant, and a 20,422 sq. ft. supermarket located at the northeast corner of First Street and Cesar Chavez Street (APN 778-020-007 and 778-010- 017); and,
WHEREAS on December 15, 2021 and January 5, 2022, the Planning Commission of the City of Coachella held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties; and
WHEREAS the proposed use is necessary or desirable for the development of the community, is consistent with the objectives of the City’s General Plan, and is not detrimental to the existing uses or the uses specifically permitted in the zone in which the proposed use is to be located; and,
WHEREAS the proposed site is adequate in size and shape to accommodate the proposed development; and,
WHEREAS, the Planning Division completed an initial environmental assessment of the above matter and in accordance with the California Environmental Quality Act (CEQA) recommends the Planning Commission determine the project will not result in any new environmental effects that were not previously analyzed as part of the original project under Environmental Initial Study 07-16 on May 7, 2008 for Fountainhead Plaza for all phases of the project.

WHEREAS the conditions as stipulated by the City are necessary to protect the public health, safety and welfare of the community.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Coachella, California hereby resolve as follows:

Section 1. Incorporation of Recitals
DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F 53 Item 4.

Resolution PC2021-25

Page 2 ends

The Planning Commission hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the Planning Commission as fully set forth in this resolution.

Section 3. Conditional Use Permit (CUP 346) and Architectural Review Findings With respect to Conditional Use Permit (CUP) 346 and Architectural Review 21-12, the Planning Commission finds as follows for the proposed for the 2,600 sq. ft. drive-thru restaurant and the 20,422 sq. ft. supermarket:

1. The Conditional Use Permit and Architectural Review is consistent with the goals, objectives, policies, and implementation measures of the Coachella General Plan 2035, except as recognized that the project has vested rights to the development of drive-thru restaurants and service stations previously vested under CUP No. 233 and AR No. 07-20. Staff requested direction from the Planning Commission at the June 3, 2015, Planning Commission hearing through a policy discussion item on the agenda. The Commission did find that the proposed drive-thru and service station are in harmony with the immediate vicinity of the proposed site and indicated that any future proposed development on the vacant portion of the site must be in strict compliance with the newly adopted City of Coachella General Plan 2035. The site has a Downtown Center land use designation that allows for a range of retail uses. The proposed uses on the site are in keeping with the policies of the Downtown Center land use classification and the Project is internally consistent with other General Plan policies for this type of development.

2. The proposed uses will be located, designed, constructed, operated and maintained so as to be compatible with the existing or intended character of the general vicinity and shall not change the essential character of the same area. The proposed project is in compliance with the applicable development standards for the C-G (General Commercial) Zoning District of the City's Zoning Code. The site plan proposes the construction and operation of a development consisting of a 2,600 sq. ft. drive-thru restaurant and 20,422 sq. ft. supermarket, on 2.85 acres of vacant land of a 5.9 acre site within Tentative Parcel Map 37940, in accordance with section 17.74.010 of the Coachella Municipal Code. The drive-thru restaurant can accommodate 10 vehicles in drive-thru lane and satisfies the City’s minimum stacking requirement of 8 vehicles.

Resolution No. PC2021-25

Page 3 ends

development standards for the C-G (General Commercial) Zoning District of the City's Zoning Code. The proposed development consists a 2,600 sq. ft. drive-thru restaurant and 20,422 sq. ft. supermarket, on 2.85 acres of vacant land of a 5.9 acre site which will provide City residents and regional residents with an alternative dining choice and an additional service station with a convenience store which will provide convenience to motorist within the region. The proposed use is compatible with existing adjacent uses which include similar land uses and large commercial development sites.

Section 4. Conditional Use Permit Findings – CUP 347
With respect to Conditional Use Permit (CUP) 347, the Planning Commission finds as follows for the proposed for Type 20 Off-Sale Beer and Wine at the 20,442 sq. ft. supermarket:

1. The Conditional Use Permit is consistent with the goals, objectives, policies, and implementation measures of the Coachella General Plan 2035, except as recognized that the project has vested rights to the development of drive-thru restaurants and service stations previously vested under CUP No. 233 and AR No. 07-20. Staff requested direction from the Planning Commission at the June 3, 2015, Planning Commission hearing through a policy discussion item on the agenda. The Commission did find that the proposed drive-thru and service station are in harmony with the immediate vicinity of the proposed site and indicated that any future proposed development on the vacant portion of the site must be in strict compliance with the newly adopted City of Coachella General Plan 2035. The site has an Downtown Center land use designation that allows for a range of retail uses. The proposed uses on the site are in keeping with the policies of the Downtown Center land use classification and the Project is internally consistent with other General Plan policies for this type of development.

3. Consideration is given to harmony in scale, bulk, coverage and density, to the availability of DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F 55 Item 4.

Resolution PC2021-25

Page 4 ends

public facilities and utilities, to harmful effect, if any, upon desirable neighborhood character, to the generation of traffic and the capacity of surrounding streets, and to any other relevant impact of the development. The proposed project is in compliance with the applicable development standards for the C-G (General Commercial) Zoning District of the City's Zoning Code. The proposed development consists a 2,600 sq. ft. drive-thru restaurant and 20,422 sq. ft. supermarket, on 2.85 acres of vacant land of a 5.9 acre site which will provide City residents and regional residents with an alternative dining choice and an additional service station with a convenience store which will provide convenience to motorist within the region. The proposed use is compatible with existing adjacent uses which include similar land uses and large commercial development sites.

6. Although the Aldi supermarket Type 20 Off-Sale Beer and Wine establishment does fall within seven hundred (700) feet, measured from property line to property line, of a use for religious worship (Centro Catolico Martin Ortiz), and residential use, the benefit of the supermarket outweighs the distance restrictions and the public convenience or necessity is justified to issue the off-sale beer and wine license as the supermarket will offer a wide selection of food products, will increase the availability of fresh produce to Coachella residents and provide goods at a location within walking distance from surrounding neighborhoods in keeping with the walkable character promoted by the Downtown Center land use designation for the Coachella General Plan 2035.

7. Although the Aldi supermarket Type 20 Off-Sale Beer and Wine establishment does fall within seven hundred (700) feet, measured from property line to property line, of an existing liquor, off-sale use (Walgreens, 99 Cent Store, and Cardenas market) the benefit of the supermarket outweighs the distance restrictions and the public convenience or necessity is justified to issue the off-sale beer and wine license as the supermarket will offer a wide selection of food products, will increase the availability of fresh produce to Coachella residents and provide goods at a location within walking distance to the immediate neighborhood not provided by another existing establishment in keeping with the walkable character promoted by the Downtown Center land use designation for the Coachella General Plan 2035. A condition of approval for CUP 347 requires that not greater than five percent of the sales floor area or one thousand (1,000) square feet, whichever is less, shall be used for the display or sale of alcoholic beverages.

8. The supermarket Type 20 Off-Sale Beer and Wine establishment at the location will not adversely affect the economic welfare of the nearby community, but rather would expand the availability of jobs by a major anchor tenant and would serve as a catalyst to the DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F 56 Item 4.

Resolution No. PC2021-25

Page 5 ends

development of the other vacant retail pads within the commercial center which would alos provide jobs and increase the City’s sales tax revenues.

9. The exterior appearance of the structure of the proposed establishment will not be inconsistent with the exterior appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight or deterioration, or substantially diminish or impair the property values within the neighborhood insofar that the architectural design of the building is modified as conditioned inclusive of architectural enhancements to the front elevations and extending parapet walls above the height of rooftop mechanical equipment for screening purposes.

Section 5. Planning Commission Approval
Based on the foregoing recitals and findings above, and the written and oral comments, facts and evidence presented, the City of Coachella Planning Commission hereby approves Conditional Use Permit (CUP 346), CUP 347 and Architectural Review 21-12 for the Fountainhead Plaza Phase III development and subject to the Conditions of Approval as set forth in “Exhibit A”
PASSED APPROVED and ADOPTED this 5th day of January 2022. ___________________________________
Stephanie Virgen, Chairperson
Coachella Planning Commission
ATTEST:
_________________________________
Gabriel Perez
Planning Commission Secretary
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney
DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F Carlos Campos
Stephanie Virgen
Gabriel Perez
57 Item 4.

I HEREBY CERTIFY that the foregoing Resolution No. PC2021-25, was duly adopted at a regular meeting of the Planning Commission of the City of Coachella, California, held on the 5th day of January 2022, by the following roll call vote:

AYES: Commissioner Leal, Commissioner Figueroa, Commissioner Gonzalez, Vice Chair Navarrete and Chair Virgen.

NOES: None.

ABSENT: None
ABSTAIN: None
___________________________________
Gabriel Perez
Planning Commission Secretary
DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F Gabriel Perez
58 Item 4.

Resolution No. PC 2021-25 EXHIBIT A

CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (CUP) NO. 346, CUP NO. 347, ARCHITECTURAL REVIEW NO. 21-12 FOUNTAINHEAD PLAZA (ALDI SUPERMARKET AND PANDA

EXPRESS)
General Conditions

1. Conditional Use Permit No. 346, CUP 347, and Architectural Review 21-12 shall be valid for 12 months from the effective date of said Planning Commission approvals unless the applicant requests an extension of time and granted by the Planning Commission. The conditional use permit shall expire and shall become void one year following the date on which the conditional use became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion, or a certificate of occupancy is issued.

2. The applicant shall defend, indemnify and hold harmless the City of Coachella, its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City, its officials, officers, employees or agents to attack, set aside, void or annul any project approval or condition of approval of the city concerning this project, including but not limited to any approval or condition of approval or mitigation measure imposed by the City Council or Planning Commission. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees and agents in the defense of the City Attorney, within five days of the effective date of this approval.

3. Within five business days of project approval, the applicant shall submit to the Planning Division a check made payable to the County of Riverside in the amount of $50 for filing the CEQA Notice.

4. The applicant shall be required to comply with the City's Art in Public Places Ordinance. If the applicant elects to place artwork on the project site, the applicant shall place artwork in outdoor areas of the private property accessible to the public in a manner satisfactory to the Public Arts Commission. If the applicant elects to pay in-lieu art fees, then the fees shall be deposited into the Public Arts Fund at an amount of (1) One-half (1/2) of one percent (1%) for new commercial and industrial construction.

5. All plans, as shown, are considered “conceptual,” subject to revisions as called out by the conditions of this resolution. The plans shall not be stamp-approved until all conditions requesting revisions have been satisfied during the building plan check process. Any substantial changes to the plans, including changes shown on future building permit plans deemed by Staff to not be within substantial conformance with this approval, will require an amendment to the approval of the conditional use permit.

DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F 59 Item 4.

Resolution No. PC 2021-25 EXHIBIT A

6. All plan submittals are the responsibility of the developer; this includes plan submittals to the City of Coachella, the Riverside County Fire Department or to other agencies for whom plan review and approval isrequired.

7. The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.

8. The project shall comply with the Mitigation Measures of Environmental Initial Study 07-16.

General - Engineering

9. A focused Traffic Memo (TM) shall be submitted for the project by an appropriately licensed professional engineer. The review shall include but not limited to confirmation of trip distribution and impact on existing transportation facilities, all relevant, ingress and egress movements, lines of sight, queuing analysis, and alignment studies, signing and striping plan.

Applicant shall obtain approval of site access and circulation from the Fire Marshall.

10. A preliminary soils report shall be prepared for the project by an appropriately licensed professional engineer. At a minimum, the soils report shall provide specific analyses and recommendations for grading, pavement structural sections, and infiltration.

11. A comprehensive drainage report, prepared by California Registered Civil Engineer, shall be submitted for review and approval by the City Engineer prior to issuance of any permits.

The report shall contain pre- and post-development hydrology maps showing on-site and offsite tributary drainage areas and shall be prepared in accordance with the requirements of the Riverside County Flood Control District. Adequate provisions shall be made to accept and conduct the existing tributary drainage flows around or through the site in a manner which will not adversely affect adjacent or downstream properties. If the design of the project includes a retention basin, it shall be sized to contain the runoff resulting from a 10-year storm event and the runoff from a 100-year storm event shall be contained within basin with shallow ponding (3.5' max.). The basin shall be designed to evacuate a 10-year storm event within 72 hours. The size of the retention basin(s) shall be determined by the hydrology report and be approved by the City Engineer. Retention basin shall be provided with a minimum of 2.00 feet sandy soil if determined to contain silt or clay materials. Maximum allowable percolation rate for design shall be 10 gal./s.f./day unless otherwise approved by the City Engineer. A percolation test for this site is required to be submitted. A combination drywell vertical drain field shall be constructed at all points where runoff enters the retention basin. Drywell & vertical drain field design shall be based on soils borings made at the proposed drywell locations after the retention basins have been rough graded. Minimum depth shall be 45-feet. A log that includes sieve analysis for each strata of the borings shall be submitted to the City Engineer for confirmation of depth of the vertical drain fields.

Underground retention under the proposed parking area will be considered as an alternative to surface retention subject to the approval of the City Engineer.

12. Prepare and record necessary drainage easements to implement the project in accordance DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F 60 Item 4.

Resolution No. PC 2021-25 EXHIBIT A
with drainage law.

13. A storm water quality management plan shall be prepared for the project by California Registered Civil Engineer in compliance with NPDES and State Water Quality Control Board regulations. The project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume.

14. Applicant shall comply with the valley wide NPDES permit requirements including but not limited to submittal of a WQMP for plan review accompanied by a $3,000 plan check deposit for approval including executed maintenance agreement. All unused plan check fees will be refunded to the applicant upon approval of the Final WQMP.

15. The developer shall submit a Fugitive Dust Control and Erosion Control plan in accordance with Guidelines set forth by CMC and SCAQMD to maintain wind and drainage erosion and dust control for all areas disturbed by grading. Exact method(s) of such control shall be subject to review and approval by the City Engineer. No sediment is to leave the site.

Additional securities, in bond form, in amount of $2,000.00 per acre of gross area, and a onetime cash deposit of $2,000.00 are required to insure compliance with this requirement. No work may be started on or off site unless the PM-10 plan has been approved, the original plans, and executed dust control agreement, are filed in the engineering department at the City of Coachella.

16. Applicant shall submit for review and approval by the City Engineer all documents related to any existing and proposed on-site and off-site easements that may affect the development of the site. All easements shall be identified on the engineering plans.

17. Site access improvements shall be in conformance with the requirements of Title 24 of the California Administrative Code. This shall include access ramps for off-site and on-site streets as required.

18. Applicant shall obtain approval of site access and circulation from Fire Marshall.

19. The applicant shall provide necessary utility easements for IID and underground overhead distribution lines within the project boundaries. Applicant shall submit to the City a letter from IID that satisfies this requirement.

20. The applicant shall pay all necessary plan check, permit and inspection fees. Fees will be determined when plans are submitted to the City Engineering Department for plan check.

Rough Grading

21. Prepare and submit rough grading and erosion control plans for the project.

22. The project’s soils engineer shall certify to the adequacy of the grading plan.

23. All projects developing one (1) acre or more of total land area, or which are part of a larger DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F 61 Item 4.

Resolution No. PC 2021-25 EXHIBIT A
phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board’s (SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of Intent (NOI) with the SWRCB for coverage under this permit is required. The Waste Discharger’s Identification Number (WDID), issued by the SWRCB, must be shown on the grading plans.

The project’s Storm Water Pollution Prevention Plan shall be submitted for the City’s review and approval.

Precise Grading

24. A precise grading/improvement plan, prepared by a California Registered Civil Engineer, showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements, and all other pertinent information shall be submitted for review and approval by the City Engineer.

25. Rough grading shall be certified by the project soils engineer prior to issuance of a permit for precise grading or building construction.

26. Provide and record a reciprocal use and maintenance agreement to assure common ingress and egress and joint maintenance of all common access, parking areas and drives.

27. If applicant is planning to build a wall, separate permits shall be required for wall construction. The maximum height of any wall shall be limited to six (6) feet as measured from an average of the ground elevations on either side.

Street Improvements

28. Street improvement plans prepared by a California Registered Civil Engineer shall be submitted for review and approval by the City Engineer. All street improvements including street lights shall be designed and constructed in conformance with City Municipal Code, General Plan, and Standards and Specifications. Street flow line grade shall have a minimum slope of 0.35 %.

29. Applicant shall construct all off-site and on-site improvements including street pavement, curb, gutter, sidewalk, street trees, perimeter walls, perimeter landscaping and irrigation, storm drain, street lights, and any other incidental works necessary to complete the improvements. Driveways shall conform to City of Coachella standards for commercial driveways with a minimum width of 24.00 feet and curbed radius entrances.

30. Applicant shall construct and dedicate the following streets and street improvements to conform to the General Plan and/or requirements of Traffic Study. 1) Cesar Chavez Street- Public Roadway as shown on the RAC and per these comments shall include the following:
a This Street is listed as a Primary Arterial with a specified width in the General Plan of 94 feet. Current right-of-way exists at a distance of 55 feet from centerline. No DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F 62 Item 4.

Resolution No. PC 2021-25 EXHIBIT A
additional right of way dedication is required at this time. b Existing Asphalt, curb gutter and medians shall be protected in place to the extent possible. In locations where street cuts are required for installation of driveways, bus turnouts, utility cuts, etc., the Street shall be milled 0.1 feet deep and repaved from within the entire lane width where the cut has occurred. c Applicant shall install all sidewalk, curb and gutter transitions to uniformly connect to existing adjacent improvements and coordinate installation and/or relocation of fire hydrants, water meters, storm drain, wells, streetlights, landscape and all other appurtenances as required to the satisfaction of the City Engineer. d Applicant shall construct all appurtenant roadway components within project limits such as, but not limited to: sidewalk, ADA ramps, Traffic control striping, legends, Traffic control signs, Street Lights and street name signs to the satisfaction of the City Engineer.
e Applicant shall construct a bus turnout per City of Coachella Standard S-24 and relocate and reinstall the existing bus stop located on Cesar Chavez Street in front of the Fountainhead project to the satisfaction of the City Engineer prior to the issuance of the first COO.
f Applicant shall underground all existing dry utilities if existing at northbound lane within project limits such as, but not limited to: power poles, telecommunication poles and all other existing dry utilities to the satisfaction of the City Engineer. 2) 1st Street- Public Roadway as shown on the RAC and per these comments shall include the following:
a. This street is within Pueblo Viejo District Limit with 75 feet of right-of-way. b. Applicant shall install all sidewalk and curb and gutter transitions to uniformly connect to existing adjacent improvements and coordinate installation and/or relocation of fire hydrants, water meters, storm drain, wells, street lights and all other appurtenances by Pueblo Viejo Design Guidelines as required to the satisfaction of the City Engineer.
c. Applicant shall construct all appurtenant roadway components on north side of 1st Street between Cesar Chavez Street and Orchard Avenue such as, but not limited to:
curb and gutter, sidewalk, Landscaping, Decorative pavers Elements, Decorative Street Lights, ADA ramps, Traffic control striping, legends, Traffic control signs and street name signs to match Downtown Pueblo Viejo Design Guidelines and to the satisfaction of the City Engineer. Decorative elements for the Pueblo Viejo Design Guidelines shall only be applicable to First Street between Palm Ave and Orchard Street.
d. Applicant shall install a 3-way stop intersection on Orchard Street including all three crosswalks, four ADA ramps and street lighting to the satisfaction of the City Engineer.
e. Applicant shall underground all existing dry utilities at westbound lane on 1st Street between Cesar Chavez Street and Orchard Avenue such as, but not limited to: power poles, telecommunication poles and all other existing dry utilities to the satisfaction of the City Engineer.
f. Applicant shall improve Intersection at the Northeast and southeast corners of 1st DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F 63 Item 4.

Resolution No. PC 2021-25 EXHIBIT A
street and Cesar Chavez Street including new ADA ramps, Crosswalk, Traffic Signal modification/relocation, Striping and Landscaping by Pueblo Viejo Design Guidelines and to the Satisfaction of the City Engineer.

Sewer and Water Improvements

31. Sewer & Water Improvement Plans prepared by a California Registered Civil Engineer shall be submitted for engineering plan check and City Engineer approval.

32. Applicant shall construct all off-site and on-site water improvements and any other incidental works necessary to complete the improvements. Size and location of sewer and water improvements shall be approved by the City Engineer.

Prior to Issuance of Building Permits

33. A final soils report, compaction report and rough grading certificate shall be submitted and approved prior to issuance of any building permits.

34. Provide a set of proposed Covenants, Conditions and Restrictions (CC&R) for review and approval. The proposed CC&Rs shall contain the Association's/Owner's maintenance obligations with respect to various facilities including, but not limited to, right-of-way and private landscaping, private streets, sidewalks, utilities, street lights, and Water Quality Management Plan (WQMP) features. This document must be submitted to and approved by the City before it is submitted to any other governmental entity.

35. Prior to issuance of building permits, all required public improvements, including landscaping and lighting of the retention basins, and landscaped areas along the exterior streets, shall be completed or secured with appropriate sureties to the satisfaction of the City Engineer. An engineering final inspection is required.

Prior to Release of Occupancy Permits/Acceptance of Public Improvements

36. The applicant's Civil Engineer shall field verify and certify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP.

37. Prior to issuance of certificate of occupancy, all public improvements, including landscaping and lighting of the retention basins, and landscaped areas along the exterior streets, shall be completed to the satisfaction of the City Engineer. An engineering final inspection is required. "As-built" plans shall be submitted to and approved by the City Engineer. Prior to acceptance of the improvements by the City, such plans, once approved, shall be given to the city on compact disk in AutoCad format. All off-site and on-site improvements shall be completed to the satisfaction of the City Engineer prior to acceptance of improvements for maintenance by the City. A Temporary Certificate of Occupancy may be issued prior to completion of aforementioned improvements.

Landscaping
DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F 64 Item 4.

Resolution No. PC 2021-25 EXHIBIT A

38. Final landscaping and irrigation plans shall be submitted to the Development Services Department for review and approval. Said plans shall conform to the landscaping plan submitted as part of the subject Architectural Review, and as conditioned herein.

39. Landscaping and irrigation shall be provided in accordance with Section 17.54.010(J) of the Municipal Code and in accordance with the State Model Water Efficient Landscape Ordinance (AB 1881). Water budget calculations, including the Maximum Applied Water Allowance (MAWA) and Estimated Total Water Use (ETWU) shall be provided as part of the landscaping and irrigation plan.

40. The proposed landscape shall be in conformance with the City's Landscape Development Guidelines and should include water-efficient plantings as encouraged for the commercial development. A detailed landscape and irrigation plan shall be submitted that addresses landscape requirements for the project site. All landscaping shall fulfill the general requirements of the Coachella Municipal Code Chapter 17.54 as follows:
a. Internal landscaping equal to a minimum of five percent 5% of the parking area and driveway area is required and shall be distributed throughout the parking area. b. All landscape planter beds in interior parking areas shall be not less than five (5) feet in width and bordered by a concrete curb not less than six (6) inches nor more than eight (8) inches in height adjacent to the parking surface. The landscaped planter along the north side of the drive-thru lane shall be a minimum of five feet in width. c. Where a drive aisle abuts the side of a parking space a landscaped planter shall separate the parking space from the drive aisle.
d. At least one (1) fifteen (15) gallon tree shall be provided within the parking area for every ten (10) parking spaces, with size, height and species acceptable to staff. e. All internal landscape planters shall have permanent and automatic sprinkler or drip irrigation systems.

41. The landscape plan shall be revised to include shade trees planted in tree planters along the front elevation of the Aldi Supermarket, planted at a mature height, between the main drive aisle and the building to provide shade to pedestrians, reduce heat island effect, and enhance the visual quality of the commercial center. The revised landscape plan shall require approval by the Development Services Director.

42. The Planning Division may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. Revisions to the landscape plans may occur with administrative approvals by the Development Services Director or designee to ensure overall landscape consistency within the existing landscape schedule of the commercial center. The landscape plan shall be revised to include date palm trees at the Cesar Chavez Street and 1st Street corner landscape area to replace fan palms at a minimum brown trunk height of 10 feet.

43. The applicant shall submit, and must obtain approval from the Development Services Director, a letter from a registered landscape architect confirming that landscaping and irrigation have been installed in accordance with the approved plans prior to issuance of a DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F 65 Item 4.

Resolution No. PC 2021-25 EXHIBIT A
certificate of occupancy. Any damaged, dead or decayed landscaping landscape areas within the remainder of the commercial center shall be replaced per approved landscape plans upon landscape inspection by the Development Services Department and prior to issuance of a certificate of occupancy. A temporary certificate of occupancy may be issued prior to completion of improvements.

44. Rear screening shall be provided along the rear property line of Major Pad (Aldi) and Pad 4 (Panda Express) consisting of block wall at 6 feet in height subject to design approval by the Development Services Director. The final landscape plan shall identify the block wall and include vines planted along the expanse of the wall. Existing interim chain link fencing along the frontage of remaining undeveloped parcels (Parcels 5, 6, 7) of Tentative Parcel Map 37940 at the commercial center shall be replaced with fencing and windscreen that is adequately secured and braced to the satisfaction of the Building Official prior to issuance of a temporary or final certificate of occupancy.

45. The site landscaping shall be maintained in good condition at all times, and the owner or operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping as soon as practicable, and in accordance with the approved landscape plan.

Imperial Irrigation District

46. The applicant shall meet and confirm any construction or operation on IID property or within its existing and proposed right-of-way or easements will require an encroachment permit, including but not limited to: surface improvements such as proposed new streets, driveways, parking lots, landscape; and all water, sewer, storm water, or any other above ground or underground utilities (e.g. power lines). The applicant shall submit proof of compliance with any requirements by IID.

47. Any and all mitigation necessary as a result of the construction, relocation and/or upgrade of IID facilities is the responsibility of the project proponent.

48. All on-site utility lines and overhead power line connections must be undergrounded on the project site and in the public utility easement areas along the street frontages. High-powered distribution lines may remain overhead, subject to IID review and approval.

Coachella Valley Water District:

49. Applicant must comply with Coachella Valley Water District regulations pertaining to irrigation infrastructure protect-in-place practices, relocation or abandonment of infrastructure, if needed.

Fire Department

50. Fire Hydrants and Fire Flow: Prior to the issuance of building permits, plans for the water system shall be submitted to the fire department for review and approval. The water system shall be capable of delivering the required fire flow. Based on the application, the largest DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F 66 Item 4.

Resolution No. PC 2021-25 EXHIBIT A
proposed building is 4500 square feet, assuming construction type VB, with fire sprinklers, therefore the minimum required fire flow is 1000 gallons per minute at 20 psi for 2 hours.

Fire hydrant location and spacing shall comply with the fire code. An approved water supply for fire protection during construction shall be made available prior to the arrival of combustible materials on site. Reference 2019 California Fire Code (CFC) 507.5.1, 3312, Appendices B and C.

51. Fire Department Access: Prior to building permit issuance, a fire access site plan shall be approved. Approved vehicle access, either permanent or temporary, shall be provided during construction. CFC 503.1.1, 3310.1 and 503.2.1

52. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1

53. Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction. Ref. CFC 503.1

54. Construction Permits: Building construction plans and fuel dispensing plans shall be submitted to the Office of the Fire Marshal for review and approval. Final conditions will be addressed when these plans are reviewed. A copy of the fuel dispensing plans, approved by Riverside County Environmental Health Department, shall be provided to the Office of the Fire Marshal prior to permit issuance.

55. Hazardous Materials: Prior to building permit issuance, a hazardous materials inventory statement shall be provided to the Office of the Fire Marshal. Approved chemical classification forms and safety data sheets shall be provided with the hazardous materials inventory statement. Ref. CFC 5001.5.2

56. Fire Sprinkler System: All new commercial structures 3,600 square feet or larger shall be protected with a fire sprinkler system. Ref CFC 903.2 as amended by the City of Coachella.

57. Fire Alarm and Detection System: A water flow monitoring system and/or fire alarm system may be required and determined at time of building plan review. Ref. CFC 903.4, CFC 907.2 and NFPA 72

58. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. Ref.

CFC 506.1

59. Addressing: All commercial buildings shall display street numbers in a prominent location on the street side of the premises and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01 Environmental Compliance:

DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F 67 Item 4.

Resolution No. PC 2021-25 EXHIBIT A

60. Submit water and sewer plans for approval from Utilities/Engineering- project required to connect to City public sewer and water system.

61. The project will require a Water Quality Management Plan (WQMP)

62. Facility will be required to submit a source control survey

63. Grease interceptor will be required for all food service establishment

64. Facility will be required to enroll in Source Control Program.

65. Monitoring manholes may be required for building not classified for use.

66. Submit detailed plumbing and mechanical plans; review of plumbing schematics for water sewer needed.

67. Facility will need grease interceptors, oil/water clarifiers and sample wyes installed.

68. Install Above Ground "Double Check Detector Assembly" DCDA for fire system; to protect water supply from contamination or pollution.

69. Backflow devices will require Reduced Pressure Principle Device(RP) installed to protect water supply from contamination or pollution.

70. Facility will require a AMI 4-G metering system and a separate water service meter for irrigation system;

71. Site Plan for stormwater.

Architecture

74. The applicant shall provide a separate revised Aldi front elevation depicting planned mature trees to be planted in tree wells or landscape planter along the building frontage. The landscape plans and site plans shall be revised to accommodate the modification.

75. Trash enclosures installed for the project shall be compatible architecturally with the building. The enclosure shall be constructed to Burrtec Waste Management Standards and DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F 68 Item 4.

Resolution No. PC 2021-25 EXHIBIT A
an open trellis shall be incorporated on all three proposed trash enclosures.

76. Prior to the issuance of building permits, all exterior architectural features and treatments shall be consistent with the submitted Architectural Review No. 20-03 elevations and color/material board samples and shall be included and noted on all construction plans and elevations, subject to review and approval.

77. Incorporate decorative driveway pavement at driveway entrances from First Street upon submittal of project civil plans, subject to final approval by the Planning Division.

78. The Fountainhead Plaza sign program is amended by AR 21-12 to repurpose the gasoline price monument sign along First Street into an identification sign for three commercial center tenants consistent with the monument sign specifications in the sign program. The applicant shall provide a revised sign program reflecting the removal of the gasoline price monument sign and replacement with the multi-tenant monument sign consistent with the existing monument sign specifications.

79. Not greater than five percent of the sales floor area or one thousand (1,000) square feet, whichever is less, shall be used for the display or sale of alcoholic beverages at the 20,442 sq.

Code Enforcement

80. Existing code enforcement violations on the subject site shall be addressed including trimming of overgrown shrubs, removal of weeds and debris at the commercial center, including retention basin, and proper maintenance of signs before the lesser of the issuance of a building permit or January 24, 2022.

81. Prior to certificate of occupancy the applicant shall enter into a maintenance agreement for the Fountainhead Plaza commercial center landscape areas, retention basins, developed and undeveloped pads to ensure maintenance in a first class condition.

DocuSign Envelope ID: C77F4EF0-9CF6-4417-B22E-A03B2D66B83F 69 Item 4.

Vicinity Map
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Photos of Aldi Southern California Locations
(Photos from Google Street View)
City of Murrieta (39025 Date St)
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City of Perris (80 Citrus Avenue) – RTU Visible
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City of San Jacinto (1667 S. San Jacinto Avenue) – RTU Visible 87 Item 4.

City of La Quinta (78601 Highway 111)
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STAFF REPORT
1/5/2022
TO: Planning Commission
FROM: Gabriel Perez, Development Services Director
SUBJECT: Fountainhead Plaza (Continued from December 15, 2021) SPECIFICS: Tentative Parcel Map 37940 (Revision), Conditional Use Permit (CUP) 346, CUP 347, CUP 321 (modification), Architectural Review (AR) 21-12, and AR 20-03 (modification) to develop 5.06 acres of an 8.25 acre property to include a 2,028 sq. ft. Starbucks drive thru building, a 2,600 sq. ft. Panda Express drive thru restaurant and a 20,442 sq. ft. Aldi supermarket with Type 20 Alcohol Sales (Off-Sale Beer and Wine) at the northeast corner of Cesar Chavez Street and First Street (APN# 778-020-007 and 778-010-017). Applicant: Coachella Retail Realty Associates, LP.

EXECUTIVE SUMMARY:

Coachella Retail Realty Associates, LP requests Planning Commission approval of modifications to phase 2 and new phase 3 development at Fountainhead Plaza for a standalone 2,028 Starbucks drive thru building, a 20,442 sq. ft. Aldi supermarket, and a 2,600 sq. ft. Panda Express Drive-thru restaurant. The applicant also requests the Planning Commission recommend approval of a revision to Tentative Parcel Map 37940 to accommodate parking for the Aldi supermarket on 1.94 acres located at the northeast corner of Cesar Chavez Street and First Street.

BACKGROUND:

The subject site is a vacant portion of an existing
commercial development, Fountainhead Plaza,
originally approved by the Planning Commission on
May 7, 2008 as Conditional Use Permit (CUP) No. 233
and Architectural Review (AR) 07-20 for Walgreens,
located on the east side of Cesar Chavez between
Avenue 50 and First Street as a phased development.

Taco Bell drive- thru restaurant was approved by the
Planning Commission on July 15, 2015, as CUP 261 and
AR 15-06. The developed portion of the commercial
center consists of a Walgreens drug store and two drive thru restaurants (Taco Bell and McDonalds).
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Tentative Parcel Map No. 37940 was approved by the City Council on October 14, 2020 to subdivide the remaining 8.26 acres into 7 commercial lots. Additionally, the Council approved AR No. 20-03 and CUP No. 321 to develop Phase II of the commercial center to include a 7- Eleven convenience store with 12 pump fueling stations and a drive-thru for a coffee shop. CUP No. 322 was approved to allow alcohol sales (Type 20, Off-Sale Beer and Wine) within the convenience store.

On December 15, 2021, the Planning Commission considered the proposed project to modify approved Phase II development and new Phase III development at the southerly portion of the commercial center at the corner of Cesar Chavez Street and 1st Street. The Planning Commission raised various concerns about the proposed project and voted to continue the item to January 5, 2022 with a request that staff work with the applicant regarding the following items:
 Ensure existing and new landscaping be maintained and similar in appearance  Address Panda Express design concerns
 Clarify drive-thru entry median does not create negative impacts for on-site traffic and stacking for Panda Express and McDonald’s restaurants
 Discuss inclusion of rear block wall with property owners  Address outstanding code enforcement issues
Staff coordinated with the applicant on addressing these concerns, which are described further in this report.

DISCUSSION/ANALYSIS
The proposed development is Phase II and III of the originally entitled project CUP No. 233 and Architectural Review 07-20. The surrounding land uses and zoning designations are as follows:

North: Existing commercial development, America’s Tire (C-G, General Commercial).

South: Existing single family residences across First St. (R-S, Single Family Residential).

East: Foster-Gardner agricultural products (nonconforming) industrial site (C-G, General Commercial).

West: Existing commercial development across Harrison Street (C-G, General Commercial).

Tentative Parcel Map 37940
Tentative Parcel Map (TPM) No. 37940 was approved to subdivide the southern and eastern portions of the Walgreen’s development (8.25 acres) into seven (7) parcels. The applicant proposes a revision to TPM No. 37940 where parcels 1, 2, and 3 would developed with the Starbucks drive-thru, Aldi supermarket, and convenience store with fuel service station respectively and Parcels 4, 5, 6 will be developed with a Panda Express drive thru restaurant (Parcel 4) and future commercial development. Parcel 7 contains the existing common-area retention basin that provides storm-water drainage needs of the developed properties (Walgreens, Taco Bell and McDonalds).
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The information below is the proposed parcel (lot size) area breakdown and an exhibit of the proposed subdivision showing the new building areas and the “future” development areas.

Table 1 – Tentative Parcel Map 37940 Revision
Parcel # Approved Proposed Revision
Parcel 1 39,041 sf. (Starbucks) 41,247 sq. ft. (Starbucks) Parcel 2 39,149 sf. (Retail) 84,462 sq. ft. (Aldi)
Parcel 3 55,467 sf. (Fuel Station) 54,924 sq. ft. (Fuel Station) Parcel 4 52,664 sf. (Future development) 39,782 sq. ft. (Panda Express) Parcel 5 79,102 sf. (Future development) 45,007 sq. ft. (Future development) Parcel 6 32,403 sf. (Future development) 32,403 sq. ft. (Future development) Parcel 7 61,747 sf. (Existing Retention Basin) 61,747 sq. ft. (Existing Retention Basin) Figure 1 –TPM 37940 Revision Comparison
TPM 37940 (Approved) TPM 37940 (Revision)
Site Plan
Starbucks (Pad 1)
The applicant proposes a modification to the approved Starbucks site plan by eliminating the 4,500 sq. ft. multi-tenant retail suites, which was originally proposed as one building with a 2,000 sq. ft.

Starbucks coffee shop. The applicant proposes to maintain the Starbucks drive-thru coffee shop as a standalone 2,028 sq. ft. building. The applicant proposes the Starbucks building and drive 13 Item 3.
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thru lane in the same location and configuration as AR No. 20-03. An outdoor covered patio seating area of 270 sq. ft. is proposed. The drive-thru lane will accommodate the stacking of 12 vehicles consistent with the original site plan, which is more than the minimum required stacking of eight vehicles of the City’s Zoning Ordinance. The approved parking lot plan has been reconfigured due to the elimination of the multi-tenant retail suite and the accommodation of the Aldi supermarket.

Aldi Supermarket (Major)
The Aldi supermarket building is located to the southeast portion of the commercial center. A central vehicle drive aisle begins from the Cesar Chavez Street main entry driveway, proceeds along the front elevation of Aldi supermarket, and ends at an entry driveway from First Street. A secondary driveway is located along Cesar Chavez Street that provides immediate access to Aldi and the propose fuel station and convenience store. The applicant indicated to staff that the orientation of the Aldi building with the delivery truck loading dock along the front building elevation is necessary due to the lack of space available to locate a truck delivery driveway and dock to the rear of the Aldi building, typical of other supermarkets in the City and surrounding cities. Staff communicated to the applicant the concern of the loading dock at this location both due to potential conflicts with customer vehicle traffic and aesthetic reasons. On-site retention of storm water for the site will occur on the Aldi parcel through an underground infiltration system buried below the parking lot area and a smaller above ground retention basin is proposed to the South of the Aldi building.

Panda Express (Pad 4) – CUP 346
A Panda Express drive-thru restaurant is proposed at parcel 4 to the rear of the McDonalds restaurant and to the North of Aldi’s. Access is provided from the main driveway entrance from Cesar Chavez Street. Drive-thru queuing of up to 10 vehicles is provided from the rear of the building beginning with two queuing lanes with separate menu boards that converge into one queuing lane for order pick up at the drive thru window. An outdoor covered 400 sq. ft. patio dining area is proposed at the front of the Panda Express building.

Architectural Design
The overall architectural design of the Starbucks, Aldi, and Panda Express incorporates modern architectural design with distinct material and color patterns for each buildings that differ from the original architectural conceptual design of Fountainhead Plaza as characterized by the Spanish Colonial revival appearance of the Walgreens drug store building. The departure from the original architectural design concept occurred with the commercial center’s incremental development based on tenant interests to purse building design with prototypical architecture as demonstrated by the McDonald’s and Taco Bell restaurant buildings. The design for the corner fuel station would continue to retain the Spanish Colonial Revival architectural design features under AR No. 20-03.
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Starbucks (Pad 1)
The Starbuck drive-thru building retains the same architectural style as approved under AR 20-03, with the exception the original multi-tenant building footprint has been reduced to remove two commercial tenant spaces. The building has maximum height of 23 feet and includes a modern design with a combination of stucco and hardee panel exterior surfaces. The main entrance is along the East elevation with an overhead metal canopy and an open trellis above an outdoor dining area. The West elevation facing Cesar Chavez Street includes a drive-thru window with overhead metal canopy. Two living fence and trellis systems are provided along the exterior wall. Rooftop mechanical equipment is screened by exterior walls and decorative cornice trim is provided at the top of all parapet walls.

Aldi Supermarket (Major)
The Aldi building uses modern architecture consisting of CMU block, cement panels, clear glass metal trellises and aluminum composite panels. The front elevation of Aldi is west-facing towards Cesar Chavez Street. This elevation consists of a tower element, 30’9” at the highest point, consisting of aluminum composite panels (ACP), a covered walkway with ACP panels, and a storefront window system. The largest expanse of the elevation is comprised of a CMU and cement panel system with a finished metal cap. Two narrow horizontal clear glass areas are provided on this elevation. The truck loading area is located toward the north end of this elevation and a metal trellis has been added to provide visual relief. The front building walls do not fully screen rooftop mechanical equipment and instead a Roof Top Unit (RTU), which extends approximately 1 foot above the roof height, screens the equipment. Commercial developments are consistently conditioned to screen roof top equipment by a parapet wall greater than the height of the equipment installed. This condition was included in AR No. 20-03 (Condition 89) and rooftop screening by the building parapet is characteristic of all the existing buildings (Walgreens, McDonalds, Taco Bell) within Fountainhead Plaza and is proposed with the Starbuck and Panda Express building.

Staff has expressed concerns about the appearance of the front elevations due to the large expanse of the CMU wall system with very little architectural variation, lack of parapet wall height for rooftop equipment screening, and the visibility of the loading dock. High quality architecture of the front elevation is important as Cesar Chavez Street is a primary arterial and the building will have high visibility from that vantage point. The applicant agreed to remove the rooftop refrigeration equipment to the ground, but has not had the time to provide a new location of the refrigeration equipment on site and landscape plans. The applicant amended the architectural plans so that the rooftop-mounted equipment would exceed the height of the roof by 1 foot, whereas the original design exceeded the roof height by approximately 5 feet. Additionally, the applicant has also agreed to add shade trees between the main drive aisle and Aldi front elevation wall to improve 15 Item 3.
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aesthetics along the Aldi front elevation building frontage. Staff added conditions of approval to regarding these proposed revisions (Condition 41 and 73).

Panda Express
The Panda Express drive thru building incorporates a new architectural prototype design with a “swinging” roof shape design. The building is framed with dark stone veneer base, light stucco and window systems at the mid-section, and iron colored metal cap and spruce colored Nichiha siding for the roof parapet. The nichia siding is also a feature of the vertical corner entry element.

An outdoor covered patio dining area is provided at the front elevation with a low stone veneer patio wall.

The Planning Commission at the December 15, 2021 meeting expressed concern about the design compatibility of the Panda Express building with the existing commercial center design and recommended a redesign of the building. The applicant does not propose any modifications to the design of the building and requests approval of the proposed design.

Signage
The applicant proposes a monument sign at the driveway entrance from First Street to identify the Aldi and Panda Express businesses to replace a gasoline price monument sign that is permitted under the exiting Fountainhead Plaza Sign Program. Architectural review is required for modifications to the sign program. Monument sign specifications in the existing sign program allow for identification of three tenants with internally illuminated routed lettering and opaque background. All tenant wall signs are required to comply with the approved sign program consisting of back-lit or “halo” illuminated individual letters.

Landscape Design
The plant palette shows a variety of trees including “Chilean Mesquite” “Desert Willow/Amethyst” and “Thornless Palo Verde” within the perimeter plantings and interior parking lot planters. The planters will include water-efficient plantings including “Red Bird of Paradise”, “Bush Morning Glory”, “Toothless Desert Spoon”, “Mexican Evening Primrose”, and Agave “Century Plant” succulents. The landscape plan includes a line of “Mexican Fan Palm” trees along the project frontage similar to the existing planting pattern in front of the Walgreens, Taco Bell, and McDonalds buildings. A cluster of palm trees is also provided at the corner of Cesar Chavez Street and First Street along with other landscape materials design to make the future public art location a focal point. The main entry driveway from Cesar Chavez Street will be fully improved with a landscape median consisting of Mexican Fan Palm trees, agave succulents and a decorative stone surface.

The Planning Commission at the December 15, 2021 meeting discussed the possible inclusion of date palms between a height of 8-12 feet in landscape areas instead of fan palms, but did not list this specific item when providing direction to staff on items to address with the applicant. In the review of the landscape plan approved under Architectural Review 07-20, the previous approved landscape legend differs with the proposed landscape legend with respect to the trees and shrub types. The shade tree approved under AR No., 07-20 was a Chitalpa tree, whereas the applicant 16 Item 3.
94 Item 4.
now proposes three new shade trees. The applicant does not propose the inclusion of previously approved shrubs such as Lantana, Bougainvillea, Fairy Duster, Red Yucca, Texas Ranger, Penstemon, Bottlebrush, Dwarf Ponciana, Green Desert Spoon, Sotol, Blue Grama, Baccharis, Aloe and Lavendaer Cotton in the proposed landscape legend.

Off-Sale Alcohol Sales (Aldi) CUP 347
The applicant is requesting a CUP to allow an Alcohol Beverage Control (ABC) Type 20 (OffBeer and Wine) license for Aldi Supermarket. The subject site is located within Census Tract 345.07, where ABC concentration standards allow a maximum of 3 off-sale licenses, where 7 exist.

When it is determined by ABC that there is an undue concentration of off-sale licenses, the Planning Commission must make findings that the public convenience or necessity justifies the issuance of the liquor license to the establishment.

Table 2 – Off-Sale Alcohol Licenses
Off-Sale Alcohol License within Census Tract 457.07
Business Name Address License Type
1 Super Rancho Meat Market 1632 6th Street 20 (Beer and Wine) 2 Walgreens 50040 Cesar Chavez St 20 (Beer and Wine)
3 99 Cent Store 50249 Cesar Chavez St 20 (Beer and Wine) 4 Perez Market II 1221 6th Street 20 (Beer and Wine – Surrendered) 5 Cardenas 50037 Cesar Chavez St 21 (General)
6 Coachella Power Group Inc 50980 Cesar Chavez St 21 (General) 7 7 Eleven Inc 1030 6th Street 21 (General - Surrendered) *Surrendered licenses are counted by ABC towards the concentration of ABC licenses.

Additionally, off-sale establishments may not fall within 700 feet of a church, school, park, playground, residence or another exiting off-sale use as measured from property line to property line. The subject site is within 700 feet of a church (Centro Catolico Martin Ortiz), single-family residences (along 1st Street). The subject site is also within 700 feet of other off-sale establishments that include Walgreens, 99 Cent Store, and Cardenas. Staff recommends that the Planning Commission makes the finding that the public convenience or necessity is justified to issue the off-sale beer and wine license as the supermarket will offer a wide selection of food products, will increase the availability of fresh produce to Coachella residents and provide these goods at a location within walking distance from surrounding neighborhoods.

CONSISTENCY WITH THE GENERAL PLAN
The proposed project is within the Downtown Center land use designation of the General Plan 2035 Land Use and Community Character Element. The Downtown Center is intended to bring the entire community together in a one-of-a-kind Coachella Center which allows for commercial uses with the exception of drive-thru establishments even though the General Commercial zone permits drive-thru establishments with approval of a CUP. The Planning Commission previously made a General Plan consistency finding in support of the Starbucks drive-thru under PC Resolution No, 2020-55 for AR 20-03, CUP 321 and CUP 322 stating that the drive-thru and 7- Eleven service station are in harmony with the immediate vicinity of the proposed site and 17 Item 3.
95 Item 4.
identified that any future proposed development on the vacant portion of the site must be in strict compliance with Coachella General Plan 2035. The Panda Express drive thru is proposed on the vacant portion of the site referenced in the Resolution No. 2020-55 General Plan consistency finding. Should the Planning Commission act to approve the proposed project, the Commission should find that the project would be in harmony with the immediate vicinity of the proposed site.

CONSISTENCY WITH ZONING
The subject site is zoned C-G (General Commercial) zone, which allows for retail and restaurant establishments. The project complies with the development standards of the Zoning Ordinance for parking, lot requirements, height, landscaping and drive through stacking.

Table 3 – Development Standards
Zoning Ordinance Proposed Complies
with Code
Parking
(Minimum)
Restaurants: Starbucks- 23
spaces required. Panda Express36 spaces required.

Requirement is 1 space per 45 sq.
ft. of customer area plus 1 space
for each 200 sq. ft. of
noncustomer area.

General Commercial uses: Aldi –
82 spaces required.

Requirement is 1 space per 250
sq. ft. of gross floor area.

Starbucks – 25 spaces
Panda Express- 62 spaces
Aldi – 87 spaces
Yes
Lot
Requirements
Minimum Lot width 50’ All proposed parcels
(TPM 37940) greater than
100’ width
Yes
Height
(maximum)
35’ Starbucks – 23’
Panda Express – 23’3”
Aldi – 28’9”
Yes
Landscaping  Parking area or driveway
abutting a street requires a 10
foot setback fully landscaped.
 Internal landscaping equal to
a minimum of 5% of the
parking and driveway area.
 Parking and driveway area is
commercial zones shall be
separated from building by a
landscape planter.
 One 15 gallon tree for every
10 parking spaces.
 All areas exceed 10’
fully landscaped
setback
 Internal landscaping %
not identified but
required by condition of
approval.
 Aldi building is not
separated from
driveway by a
landscape planter but is
conditioned to do so.

Substantially
in
compliance.

Project
conditioned
to comply
with all
landscape
standards.
18 Item 3.
96 Item 4.
 All landscape planter beds in
interior parking areas shall be
not less than five feet in width
 One 15 gallon tree is
provided for every 10
parking spaces.
 The rear property line
planter to the rear of
Panda Express is less
than 5’.

Drive-through Minimum stacking for 8 vehicles
at 20’ per vehicle.

Starbucks accommodates
stacking for 12 vehicles.

Panda Express
accommodates stacking
for 10 vehicles
Yes
Other Planning Commission issues from December 15, 2021 The Planning Commission stated that a block wall is preferred at the rear of the commercial center rather than chain link or wrought iron fencing. The applicant’s preference is to build a wrought iron fence. Staff amended condition of approval no. 44 of PC Resolution 2021-25 to specifically require construction of a block wall and that the landscape plan be revised to include vines planted along the wall.

The Planning Commission also expressed concern with on-site maintenance of the commercial center. The applicant stated that they are working with a contractor to remedy some of the concerns in advance of the January 5, 2021 Planning Commission meeting. After the Planning Commission meeting the applicant expressed concern about condition of approval no. 34 regarding the property’s Covenants, Condition and Restrictions (CC&R) that requires the city to a third party beneficiary. Staff recommended the condition be added to enhance the City’s ability to ensure adequate on-site maintenance. The applicant stated that a revision to the CC&Rs would be difficult to secure with the existing tenants on-site and that this requirements may deter the proposed project from moving forward. The applicant requests a separate condition for a maintenance agreement between the applicant and the City that is separate from the CC&Rs as an alternative. Staff has not been able to confirm with the City Attorney if such an agreement could serve as a suitable alternative to existing language in condition of approval no. 34.

ALTERNATIVES:
1) Adopt a) Resolution No. PC 2021-25 approving Conditional Use Permit No. 346 (Panda Express Drive-thru), CUP 347 (Aldi- Off-Sale Beer and Wine), and Architectural Review No. 21-12 (Aldi and Panda Express); b) Resolution No. PC 2021-26 recommending that the City Council approve modifications to CUP No. 321 (Starbucks drive-thru) and Architectural Review No. 20-03 (Starbucks and 7-Eleven); and c) Resolution No. PC 2021-27 recommending to the City Council approval of a revision to Tentative Parcel Map 39740 with the findings and conditions as recommended by Staff. 2) Deny the proposed project.
3) Continue this item and provide staff and the applicant with direction.

RECOMMENDED ALTERNATIVE(S):

Staff recommends alternative #1.

Attachments:

1. PC Resolution No. 2021-25 for CUP No. 346 CUP No. 347 and AR No. 21-12 Exhibit A - Conditions of Approval for CUP No. 346, CUP No. 347 and AR No. 21-12

2. PC Resolution No. 2021-26 for AR 20-03 Amendment
Exhibit A – Conditions for Approval for AR 20-03 Amendment

3. PC Resolution No. 2021-27 for TPM 37940 (Revision)
Exhibit A –TPM 37940 revised exhibit

4. Vicinity Map

5. Project Description - Applicant

6. Site Plan

7. Preliminary Civil Plan

8. Landscape Plan

9. Previously Approved Conceptual Landscape
Plans

10. Architectural Plans – Starbucks (AR No. 20-03)

11. Architectural Plans – Panda Express (AR No. 21-12)

12. Architectural Plans – Aldi Supermarket (AR No. 21-12)

13. Fountainhead Plaza Sign Program – Approved Monument Sign Exhibits

14. Correspondence from IID and Riverside County Fire

15. Draft Planning Commission Meeting Minutes December 15, 2021

16. Approved Council Resolution No. 2020-55 CUP 321 CUP 322 AR 20-03

17. Approved Council Resolution No. 2020-56 TPM 37940
20 Item 3.
98 Item 4.

Coachella City CouncilMarch 7, 2022

Coachella City Council
March 7, 2022