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
November 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 Planning Commission November 02, 2022
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:
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:
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):
1. Church of the Americas
Conditional Use Permit 356 to allow a Church in an existing 2,760 sq. ft. commercial building on a 0.17- acre property at 51678 Cesar Chavez Street (APN 778-131-004).
2. McDonald’s Restaurant Drive Through Reconfiguration (Continuance Requested) Conditional Use Permit No. 358 and Amendment to Architectural Review No. 15-12 to reconfigure the drive through for an existing 3,854 square foot restaurant in an existing commercial center located at 50090 Cesar Chavez Street in the C-G (General Commercial) zone. Sararee Jirattikanchote (Applicant) INFORMATIONAL:
Development Updates
ADJOURNMENT:
Complete Agenda Packets are available for public inspection in the Planning 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 2 Agenda Planning Commission November 02, 2022
Council Chambers, Hearing Room
1515 6th Street, Coachella, California
(760) 398-3502 www.coachella.org
AGENDA
OF A REGULAR MEETING
OF THE
CITY OF COACHELLA
PLANNING COMMISSION
2 de Noviembre, 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.
3 Agenda Planning Commission November 02, 2022
LLAMADO AL ORDEN:
JURAMENTO A LA BANDERA:
PASE DE LISTA:
ORDEN DEL DÍA ESPECIAL
APROBACIÓN DE LA AGENDA:
“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:
None.
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:
HYPERLINK "appIS133cebbe275746d7b73d3f0ba51beb40"None.
CALENDARIO DE AUDIENCIAS PÚBLICAS (CUASI-JUDICIAL):
1. Permiso de Uso Condicional No. 356 - para permitir una Iglesia Cristiana en un edificio existente de 2,760 pies cuadrados en una propiedad de 0.17 acres. Ubicado en la zona C-G (Comercial General) en 51678 Cesar Chavez Street (APN 778-131-004). Solicitante: Werclein Aguilar
2. Reconfiguración del Paso de Vehículos (Drive-through) Permiso de Uso Condicional No. 358 Revisión Arquitectónica No. 15-12 (Enmienda) propuesta de modificación a la configuración del existente paso de vehículos (drive-through) del restaurante McDonald's en el 50090 de la calle Cesar Chavez para acomodar colas de vehículos adicionales. Solicitante: Sararee Jirattikanchote INFORMATIVO:
Actualización de Desarrollo
SE SUSPENDE LA SESIÓN:
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 4 Agenda Planning Commission November 02, 2022
sitio web de la ciudad www.coachella.org.
ESTA REUNIÓN ES ACCESIBLE PARA PERSONAS CON DISCAPACIDAD 5 STAFF REPORT
11/2/2022
TO: Planning Commission Chair and Commissioners
FROM: Eva Lara, Planning Technician
SUBJECT: Church of the Americas
SPECIFICS: Conditional Use Permit 356 to allow a Church in an existing 2,760 sq. ft. commercial building on a 0.17-acre property at 51678 Cesar Chavez Street (APN 778-131-004).
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission adopt Resolution No. PC2022-25 approving Conditional Use Permit (CUP) No. 356 with the findings and conditions in the staff report.
BACKGROUND:
The applicant, Werclein Aguilar, has submitted an application to open a Christian Church at the property located at 51678 Cesar Chavez Street. The building was built prior to 1974 and has been modified since. The building has been unoccupied for several years. In 2015, however, there was an active code enforcement case regarding operation of an illegal dispensary in the building which has ceased operation and was brought into compliance in 2017.Due to the building vacancy the property has been subject to trespassing and littering. Mr. Aguilar would like to open up a small church of approximately15 members at services and plans to aid the homeless around the area.
DISCUSSION/ANALYSIS:
The applicant, Werclein Aguilar, submitted a CUP request to operate a church in an existing 2,760 square foot commercial building located at 51678 Cesar Chavez Street. The service hours at the location would be from 7:00 p.m. to 9:30 p.m. Tuesday, Wednesday and Sunday. Access into building space is from the existing northerly parking area adjacent to Cesar Chavez Street. There are two point of access along the northerly building elevation. The street facing elevations have doors and windows that were sealed shut and no longer provide access. Although staff believes the building is in need of exterior façade improvements and it’s prime location on the Cesar Chavez Street corridor, the applicant does not propose any new tenant improvements interior to the building or external building improvements.
6 Item 1.
A CUP approval is required for a church (C.M.C. Section 17.74.010), due to unique characteristics that may be incompatible with surrounding uses. The Planning Commission must make findings that the proposed use is consistent with the General Plan, is compatible with the surrounding neighborhood, has adequate vehicular access, and will not cause any adverse effects upon the vicinity.
Environmental Setting:
The subject site is located on a 0.17-acre lot in the C-G Commercial General zone near the intersection of Cesar Chavez Street and Cairo Street. Land uses adjacent to the center include the following:
North: C-G, General Commercial – Restaurant (Domino’s Pizza) South: C-G, CV Industrial building (unoccupied)
East: R-S, Residential Single-Family neighborhood
West: Cesar Chavez Street and C-G, General Commercial – Retail and restaurant businesses
Parking and Circulation:
The parking pavement was resurfaced in 2012 along with the exterior and interior of the building.
The vehicular access to the property is from the rear alleyway off Cairo Street. There are 24 existing parking spaces and 2 ADA parking spaces in the parking lot. The minimum spaces required for the church is 6 parking spaces based on the parking-space per unfixed-seat ratio (Chapter 17.54 – Off-Street Parking and Loading). The landscape areas along the perimeter of the parking lot are currently lacking any landscape improvements and are out of compliance with City parking code standards. A condition of approval has been added to ensure that the landscape area is improved with groundcover, shrubs and trees and properly maintained in association with the operation of the CUP. The City alleyway to the rear of the building is currently in a poor condition and needs improvement.
General Plan Consistency and Zoning Code Compliance:
The subject site has a General Plan land use designation of Neighborhood Center and the current zoning is C-G (General Commercial) which is consistent with the General Plan. The proposed church is permitted in the C-G zone with approval of a CUP. The parking lot landscaping is currently out of compliance with the Zoning Ordinance and is required to be improved and maintained.
Conditional Use Permit Findings:
In order to grant the CUP, the Planning Commission must make findings as specified in Zoning Ordinance Section 17.74.020B in the affirmative. The five required findings are as follows:
7 Item 1.
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 and C-G (General Commercial) zone.
2. The proposed use will be located, operated and maintained to be compatible with the existing or intended character of the general vicinity and shall not change the essential character of the same area.
3. Consideration is to be 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.
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.
5. The proposed use will include vehicular approaches to the property designed for reasonable minimal interference with traffic on surrounding public streets or roads.
Any of the above findings that cannot be made in the affirmative can be sufficient to deny the proposed CUP. In addition to the required findings, all land uses must show compliance with minimum development standards of the Municipal Code, including parking and landscaping regulations, signage, and trash enclosure requirements.
ENVIRONMENTAL REVIEW:
This project was found to be categorically exempt from environmental review pursuant to the California Environmental Quality Act (CEQA Section 15301 – Operation and Conversion of Existing Private Structures). There are no tenant improvements involved with the proposed operation.
ALTERNATIVES:
1) Adopt Resolution No. PC2022-25 approving CUP No. 356 with the findings and conditions of approval.
2) Deny CUP No. 256 to not permit the operation of the proposed church at the subject site. 3) Continue this item and provide staff and the applicant with direction.
RECOMMENDATION
Based on the analysis contained herein, staff is recommending that the Planning Commission approve alternative #1.
8 Item 1.
Attachments:
1. Resolution No. PC2022-25
Exhibit A – Conditions of Approval
2. Vicinity Map
3. Site Plan
4. Photos
9 Item 1.
RESOLUTION NO. PC2022-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
COACHELLA APPROVING CONDITIONAL USE PERMIT NO. 356 TO ALLOW A 2,760 SQUARE FOOT CHURCH WITHIN THE C-G (GENERAL COMMERCIAL) ZONE LOCATED AT 51678 CESAR CHAVEZ STREET; WERCLEN AGUILAR, APPLICANT.
WHEREAS, Werclein Aguilar filed an application for Conditional Use Permit No. 356 (CUP 356) to allow a 2,760 square foot church in an existing vacant building located at 51678 Cesar Chavez Street; Assessor Parcel No. 778-131-004 (“Project”); and, WHEREAS, the Planning Commission conducted a duly noticed public hearing on CUP No. 356 on November 2, 2022 at the Coachella City Hall, 1515 6th Street, 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, subject to obtaining a conditional use permit, pursuant to Chapter 17.74 of the Coachella Municipal Code and subject to certain required findings; 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 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 the Development Services Department 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 15301) as the proposed church will occur in conjunction with an existing business in an existing building., 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. 356 subject to the 10 Item 1.
Resolution No. PC2021-25
findings and conditions of approval listed below.
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
The proposed project is exempt from the California Environmental Quality Act as the Development Services Department 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 15301) as the proposed church will occur in conjunction with an existing business in an existing building., as amended; and,
Section 3. Conditional Use Permit Findings
With respect to Conditional Use Permit No. 356, the Planning Commission finds as follows for the proposed church:
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 for the Neighborhood Center land use designation. The General Plan seeks to create a concentration of commercial businesses and civic amenities—often mixed with multi-family housing—within convenient walking or biking distance of nearby neighborhoods. Centers provide gathering places for the residents of surrounding neighborhoods and are ideal locations for high-quality transit stops. The proposed use would occupy a tenant space in an older building located in the General Commercial designation of the City and would conform with the Zoning Ordinance with the landscape improvements and maintenance as conditioned in the resolution.
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 Church service hours would occupy a 2,760 square foot office space and would be open from 7:00 p.m. to 9:30 p.m.
Monday, Wednesday and Sunday, as conditioned. This would be compatible with the adjoining commercial uses.
3. Consideration is to be 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 church would operate on the site of a developed commercial center and there are no new structures proposed as a part of this conditional use permit. The property is maintained in compliance with the Coachella Municipal Code.
11 Item 1.
Resolution No. PC2021-25
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. The church would not create any new adverse effects on the residences to the East and would occupy a building that has long been unoccupied promoting activity and safety commercial businesses along the Cesar Chavez Street Corridor.
5. 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 15301) as the proposed church will occur in conjunction with an existing business in an existing building.
Section 4. 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 adopts Resolution No. PC2022-25 approving CUP No. 356 subject to the Conditions of Approval as set forth in “Exhibit A”.
12 Item 1.
Resolution No. PC2021-25
PASSED APPROVED and ADOPTED this 2
nd day of November 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
13 Item 1.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. PC2022-25 was duly adopted by the Planning Commission of the City of Coachella at a regular meeting thereof, held on this 2
nd day of November 2022 by the following vote of the Planning Commission:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Gabriel Perez
Planning Commission Secretary
14 Item 1.
Resolution No. PC 2022-25 EXHIBIT A
Exhibit A - Resolution No. PC2022-25
CONDITIONS OF APPROVAL
CHURCH OF THE AMERICAS - CONDITIONAL USE PERMIT NO. 356 GENERAL CONDITIONS:
1. Approval of Conditional Use Permit 356 shall be for the purpose of a maximum 2,760 square feet within the existing building located at 51678 Cesar Chavez Street. Any expansion in the floor area dedicated to the congregating area or increase in the size of the congregation beyond 15 people will require review and approval by the Planning Commission.
2. The conditional use permit shall expire and shall become void one year following the date on which the conditional use became effective if the site is not utilized for the purposes of the church.
3. A conditional use 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.
4. Any break in service, meaning the closure of the church for a period of 180 consecutive days, will result in the expiration of this CUP.
5. 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.
6. The applicant shall comply with the City’s Noise Ordinance of the Municipal Code unless authorized by approval of a special event permit.
7. The proposed business shall be limited to one wall sign with a maximum sign area of 25 square feet, and one window sign not to exceed 20 percent of the window area. No temporary signs shall be allowed for the business, except as permitted under Section
17.56.010(I) of the Coachella Municipal Code, subject to review and approval by the Planning Director and subject to obtaining a permit from the Building Division.
8. Prior to the issuance of a business license the applicant shall landscape all planter areas including irrigation, groundcover, shrubs and trees. The landscape areas shall be maintained in a first class condition and be maintained free of debris at all times.
9. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2022 California Building Code. 15 Item 1.
10. Prior to occupancy the building shall be inspected by the Building Official to ensure accessibility requirements are satisfied into the building. 16 Item 1.
17 Item 1.
18 Item 1.
Photos of the Building Interior
19 Item 1.
Photos of the Site - Exterior
Northerly parking area
Rear of Property and Parking Area
20 Item 1.
Parking Area and Rear Entrance
Parking Area facing Cesar Chavez Street
21 Item 1.
Front Building Façade facing Cesar Chavez Street
22 Item 1.
STAFF REPORT
11/2/2022
TO: Planning Commission Chair and Commissioners
FROM: Gabriel Perez, Development Services Director
SUBJECT: McDonald’s Restaurant Drive Through Reconfiguration (Continuance Requested)
SPECIFICS: Conditional Use Permit No. 358 and Amendment to Architectural Review No. 15-12 to reconfigure the drive through for an existing 3,854 square foot restaurant in an existing commercial center located at 50090 Cesar Chavez Street in the C-G (General Commercial) zone. Sararee Jirattikanchote (Applicant) STAFF RECOMMENDATION:
Staff recommends that the Planning Commission continue consideration of Resolution No. PC 2022-26 for approval of Conditional Use Permit (CUP) No. 358 and amendment to Architectural Review No. 15-12 at the McDonald’s eating establishment located at 50090 Cesar Chavez Street until the next regular Planning Commission meeting of November 16, 2022. Further refinements to the site plan design have been requested by staff and require the applicant to make modifications to the proposed site plan improvements.
BACKGROUND:
The applicant, Sararee Jirattikanchote, proposes to modify the existing drive through configuration at the 3,854 sq. ft. McDonald’s restaurant due to concerns related the overflow of queuing vehicles into the drive through aisle. The current drive through configuration was approved by the Planning Commission under Architectural Review No. 15-12.
23 Item 2.