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
January 04, 2023
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 January 04, 2023
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. Special Planning Commission Minutes - December 6, 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:
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):
2. Taco Shop 760 – Alcohol Sales
Conditional Use Permit No. 360 to allow the on-sale, service and consumption of beer, wine, and distilled spirits (Type 47) within a 2,756 square-foot restaurant located at 48975 Grapefruit Blvd, Suite #3.
Applicant: Alejandra Barcelo
INFORMATIONAL:
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 January 04, 2023
Council Chambers, Hearing Room
1515 6th Street, Coachella, California
(760) 398-3502 www.coachella.org
AGENDA
DE UNA REUNIÓN ESPECIAL DE
LA
COMISIÓN DE PLANIFICACIÓN
PLANNING COMMISSION
04 de Enero, 2023
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.
LLAMADO AL ORDEN:
3 Agenda Planning Commission January 04, 2023
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:
1. Borrador de las Actas de la Comisión de Planificación – 6 de Diciembre 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: HYPERLINK "appIS133cebbe275746d7b73d3f0ba51beb40" CALENDARIO DE AUDIENCIAS PÚBLICAS (CUASI-JUDICIAL):
2. Permiso de uso condicional No. 360 (760 Taco Shop) licencia de bebidas alcohólicas tipo 47 para un local de venta de comida general, para la venta, servicio y consumo de cerveza, vino y licores destilados dentro de un restaurante de 2.756 pies cuadrados ubicado en 48975 Grapefruit Blvd, Suite #3. Solicitante:
INFORMATIVO:
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 sitio web de la ciudad www.coachella.org.
ESTA REUNIÓN ES ACCESIBLE PARA PERSONAS CON DISCAPACIDAD 4 Coachella Civic Center, Hearing Room
53-462 Enterprise Way, Coachella, California
(760) 398-3502 www.coachella.org
MINUTES
OF A SPECIAL MEETING
OF THE
CITY OF COACHELLA
PLANNING COMMISSION
December 6, 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:
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. 5 Item 1.
Minutes Planning Commission December 7, 2022
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: 6:01 P.M.
PLEDGE OF ALLEGIANCE:
Chair Virgen
ROLL CALL:
Commissioners Present: Commissioner Gonzalez, Commissioner Figueroa, Commissioner Leal, Alternate Commissioner Gutierrez, Vice Chair Navarrete and Chair Virgen.
Staff Present: *Gabriel Perez, Development Services Director *Eva Lara, Planning Technician
*Jesus Medina, Information
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 VICE CHAIR NAVARRETE AND SECOND BY COMMISSIONER FIGUERROA TO APPROVE THE AGENDA.
Approved by the following roll call vote:
AYES: Commissioner Gonzalez, Commissioner Figueroa, Commissioner Leal, Alternate Commissioner Gutierrez (Not eligible to vote due to full quorum), Vice Chair Navarrete, Chair Virgen.
NOES: None.
ABSTAIN: None.
ABSENT: None.
APPROVAL OF THE MINUTES:
1. Draft Planning Commission Minutes – November 16, 2022.
IT WAS MOVED BY COMMISSIONER FIGUEROA AND SECONDED BY VICE CHAIR NAVARRETE TO APPROVE THE MINUTES.
Approved by the following roll call vote:
AYES: Commissioner Gonzalez, Commissioner Figueroa, Commissioner Leal, Alternate Commissioner Gutierrez (Not eligible to vote due to full quorum), Vice Chair Navarrete.
NOES: None.
ABSTAIN: Chair Virgen.
ABSENT: None.
6 Item 1.
Minutes Planning Commission December 7, 2022
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:
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):
2. Coachella General Project
Conditional Use Permit No. 357 Conditional Use Permit No. 357 is a request by Teddy Lee for operation of a Type 41 Wine and Beer license for a wine and beer lounge with coffee roastery at 1258 Sixth Street (APN# 778-110-003)
Eva Lara, Planning Technician narrated a power point presentation for the item. A copy of the presentation is on file in the Planning Division Department.
Public Hearing Opened at 6:13 pm by Chair Virgen.
Steve Garcia, business owner, made himself available for any questions.
Public Hearing Closed at 6:22 pm by Chair Virgen.
IT WAS MOVED BY COMMISSIONER FIGUEROA AND SECONDED BY CHAIR VIRGEN TO APPROVE CONDITIONAL USE PERMIT NO, 357 WITH FINDINGS AND CONDITIONS LISTED ON RESOLUTION PC 2022-25 AND RECOMMENDED THAT CONDITION NO. 6 LISTED ON RESOLUTION PC 2022-25 BE MODIFIED AS FOLLOWS:
6. Hours of operation for the cocktail lounge may be from 3:00 p.m. to 10:00 p.m. Wednesday through Friday, 11:00 a.m. to 12:00 a.m. on Saturdays and 11:00 a.m. to 9:00 p.m. on Sundays. Hours of operations may change by consideration by the Planning Commission as a non-public hearing item.
Approved by the following roll call vote:
AYES: Commissioner Gonzalez, Commissioner Figueroa, Commissioner Leal, Vice Chair Navarrete, Chair Virgen.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7 Item 1.
Minutes Planning Commission December 7, 2022
3. Coachella Village Project
Variance No. 22-04 (previously VAR No. 17-06), Architectural Review No. 22-12 (previously AR No. 17- 12) a proposed development of a 242-unit multi-family residential gated community with 15 buildings totaling 223,740 square feet on 9.7 acres of vacant land located near the southwest corner of Van Buren Street and Avenue 48. The Variance includes a request to reduce the minimum dwelling unit size of 750 square feet for the one-bedroom units to 537 square feet. HCM Development (Applicant).
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.
Public Hearing Opened at 6:46 pm by Vice Chair Navarrete.
David Schuman, representing the applicant addressed how daycare would operate and that elevators would not be included but first floor could be limited to handicapped.
Public Hearing Closed at 6:53 pm by Vice Chair Navarrete.
IT WAS MOVED BY COMMISSIONER FIGUEROA AND SECONDED BY VICE CHAIR NAVARRETE TO ADOPT RESOLUTION NO. PC2022-26, ARCHITECTURAL REVIEW NO. 21-12, CONDITIONAL USE PERMIT 22-04 WITH FINDINGS AND CONDITIONS RECOMMENDED BY STAFF.
Approved by the following roll call vote:
AYES: Commissioner Figueroa, Commissioner Leal, Vice Chair Navarrete, Chair Virgen.
NOES: None.
ABSTAIN: Commissioner Gonzalez.
ABSENT: None.
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):
INFORMATIONAL:
Commissioner Gonzalez, had a question about the address of CVUSD; they are still using the address of Thermal when the jurisdiction is actually City of Coachella. Gabriel mention that he will find out more information about it and bring it to a future Planning Commission meeting.
ADJOURNMENT: 7:00 P.M.
Respectfully Submitted by,
________________________
Gabriel Perez
Planning Commission Secretary
8 Item 1.
Minutes Planning Commission December 7, 2022
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 9 Item 1.
STAFF REPORT
1/4/2023
TO: Planning Commission Chair and Commissioners
FROM: Gabriel Perez, Development Services Director
SUBJECT: Taco Shop 760 – Alcohol Sales
SPECIFICS: Conditional Use Permit No. 360 to allow the on-sale, service and consumption of beer, wine, and distilled spirits (Type 47) within a 2,756 square-foot restaurant located at 48975 Grapefruit Blvd, Suite #3. Applicant: Alejandra Barcelo STAFF RECOMMENDATION:
Staff recommends that the Planning Commission adopt Resolution No. PC 2023-01 approving Conditional Use Permit (CUP) No. 360 to allow a liquor sales license (Type 47, On-Sale Beer, wine and distilled spirits– Eating Place) at Taco Shop 760 eating establishment located at 48975 Grapefruit Blvd, Suite #3 pursuant to the findings and conditions of approval contained in the attached resolution.
BACKGROUND:
Taco Shop 760 is currently operating as a restaurant within an existing commercial tenant space (Suite #3) located in the Plaza Mi Pueblo commercial center located on .58 acres at 48975 Grapefruit Blvd (APN 603-250-012). The site previously was the location of a 5,000 sq. ft. commercial building that served as a restaurant and convenience store and was demolished in order to accommodate the Plaza Mi Pueblo commercial building, which was approved under Architectural Review No. 17-01. Plaza Mi Pueblo includes four retail suites, which includes Ana Perez Reatlor, Kingz Barbershop, and Ink Devotion Tattoo and Body Piercing. Suite #3 was previously occupied by El Pecado Crafted Mexican Food. Taco Shop 760 currently operates with an active Type 41 On-Sale license that allows for the sale of beer and wine only and not distilled spirits.
DISCUSSION/ANALYSIS:
The applicant, Alejandra Barcelo, submitted a request for a CUP to allow the on-sale of liquor (beer, wine and spirits) at the Taco Shop 760 restaurant. 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 10 Item 2.
land use regulations contained in Section 17.74.015 of the Zoning Code. The Conditional Use Permit findings are required to be made by the Planning Commission.
The subject site is located within Census Tract 9404 with a population of 6,242 person, where ABC concentration standards allow a maximum of 5 on-sale licenses, where 16 active licenses exist. When it is determined by ABC that there is an undue concentration of on-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 – On-Sale Alcohol Licenses
On-Sale Alcohol License within Census Tract 9404
Business Name Address License Type
1 FRATERNAL ORDER OF
EAGLES AERIE NO 2594
46425 TYLER ST 51 (Club)
2 FRATERNAL ORDER OF
EAGLES AERIE NO 2594
46425 TYLER ST 58 (Special On-Sale General)
3 Danniel Kim 49939 HARRISON ST 40 (On-Sale Beer – Bar, Tavern) 4 SPOTLIGHT 29 CASINO 46200 HARRISON ST 47 (On-Sale General – Eating Place) 5 SPOTLIGHT 29 CASINO 46200 HARRISON ST 68 (Portable Bar License) 6 SPOTLIGHT 29 CASINO 46200 HARRISON ST 77 (Event Permit) 7 SPOTLIGHT 29 CASINO 46200 HARRISON ST 58 (Caterer’s Permit) 8 TAQUERIA ALLENDE 49715 HARRISON ST 41 (On-Sale Beer and Wine – Eating Place)
9 SANTA FE RESTAURANT 46425 TYLER ST 47 (On-Sale General – Eating Place) 10 ASADERO LOS CORRALES 46425 TYLER ST 41 (On-Sale Beer and Wine – Eating Place)
11 EASTERN BUFFET 49939 HARRISON ST 41 (On-Sale Beer and Wine – Eating Place)
12 PIZZA HUT 46200 HARRISON ST 41 (On-Sale Beer and Wine – Eating Place)
13 CARNITAS LA PIEDAD
RESTAURANT INC
49625 US HIGHWAY 86 48 (On-Sale General – Public
Premises)
14 CARNITAS LA PIEDAD
RESTAURANT INC
49625 US HIGHWAY 86 58 (Caterer’s Permit)
15 MARISCOS GUAMUCHIL
INC
49405 GRAPEFRUIT
BLVD
47 (On-Sale General – Eating Place)
16 TACO SHOP 760 CORP 48975 GRAPEFRUIT
BLVD, STE 3
58 (Caterer’s Permit)
17 CHICAS GENTLEMENS
CLUB
46156 DILLON RD 48 (On-Sale General – Public
Premises)
18 CHICAS GENTLEMENS
CLUB
46156 DILLON RD 58 (Caterer’s Permit)
19 MARISCOS EL PATRON 84400 INDIO BLVD 47 (On-Sale General – Eating Place) 20 MI LINDO SINALOA 49291 GRAPEFRUIT
BLVD, STE 2
58 (Caterer’s Permit)
21 MI LINDO SINALOA 49291 GRAPEFRUIT
BLVD, STE 2
47 (On-Sale General – Eating Place)
*Surrendered licenses are counted by ABC towards the concentration of ABC licenses. 11 Item 2.
Additionally, on-sale establishments may not fall within 700 feet of a church, school, park, playground, residence or another exiting on-sale use as measured from property line to property line. The subject site is within 700 feet of the Islamic Society of Palm Springs and about 200 feet to the nearest residence on Las Cruces Street. The subject site is also within 700 feet of another on-sale establishment (Eastern Buffet – 570 foot distance). 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. No comments have been received from the public with any concerns about approval of the proposed conditional use permit for Type 47 alcohol sales.
The floor plan for Taco Shop 760 restaurant includes a bar area for seating and a substantially sized dining area of 978 sq. ft. Beer, wine and distilled spirits are proposed be displayed on a wall display near the bar area. A refrigerator behind the bar will also store beer and wine. A fenced outdoor dining area for the restaurant is located directly in front of the restaurant entrance and separated from the restaurant by a breezeway.
Hours of Operation:
The hours of operation for Taco Shop 760 are listed Monday through Sunday from 8 a.m. to 9 p.m.
Environmental Setting:
The subject business is on a site within an existing commercial center at 48975 Grapefruit Boulevard substantially surrounded by urban uses, with adjoining zoning and land uses as follows:
North: Quick Quack Car Wash / (C-G, General Commercial) South: Avenue 49 and Center for Employment training / (C-G, General Commercial) East: Grapefruit Boulevard and Union Pacific Railroad / (M-S, Manufacturing Service) West: Quick Quack Car Wash/ (C-G, General Commercial)
Site Plan / Parking and Circulation:
The site is fully developed and includes all required on-site parking.
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 12 Item 2.
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. 360 with the findings and conditions listed in Resolution No. PC 2023-01. Staff recommends that the Planning Commission makes the finding that the public convenience or necessity is justified to issue the on-sale beer, wine and distilled spirits license as alcoholic beverages are offered in combination with a bonafide eating place that already is in the possession of a Type 41 license (On-Sale Beer and Wine – Eating Place). Furthermore, The Sherriff’s Department has not raised concerns about granting the Conditional Use Permit for Type 47 alcohol sales.
Attachments:
1. Resolution No. PC 2023-01
2. Vicinity Map
3. Taco Shop 760 Floor Plan
13 Item 2.
RESOLUTION NO. PC 2023-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
COACHELLA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 360 TO ALLOW ON-SALE BEER, WINE, AND DISTILLED SPIRITS SERVICE FOR THE 2,756 SQUARE FOOT TACO SHOP 760 (ABC LICENSE TYPE 47 – ON- SALE BEER, WINE AND DISTILLED SPIRITS – EATING PLACE), IN AN EXISTING COMMERCIAL BUILDING LOCATED AT 48975 GRAPEFRUIT BLVD, SUITE 3 (APN 603-250-012); ALEJANDRA BARCELO, APPLICANT.
WHEREAS, Alejandra Barcelo filed an application for Conditional Use Permit No. 360 (CUP 360) to allow a 2,756 square foot restaurant with service of beer, wine, and distilled spirits (ABC License Type 47 – On Sale Beer, Wine and Distilled Spirits) in an existing commercial building located at 48975 Grapefruit Blvd; Assessor’s Parcel No. 603-250-012 (“Project”); and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing on CUP No. 360 on January 4, 2023 at 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 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, wine, and distilled spirits; 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. 360, subject to the findings and conditions of approval listed below.
Attachment 1
14 Item 2.
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 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
Section 4. Conditional Use Permit Findings
With respect to Conditional Use Permit No. 360, the Planning Commission finds as follows for the proposed freestanding sign request:
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 Suburban Retail District land use designation according to the General Plan 2035, which allows the intended physical character to provide convenient access and parking for motorists while also providing an attractive shopping environment. The on sale offerings of beer, wine and distilled spirits at Taco Shop 760 will provide a unique service to the Suburban Retail District 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 restaurants with alcohol service subject to obtaining a conditional use permit to sell alcoholic beverages. The proposed use is located on Grapefruit Boulevard 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 and an existing commercial parking lot.
4. Where the proposed use may be potentially hazardous or disturbing to existing or 15 Item 2.
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 are no concerns about the operations of this establishment, including service of on-sale beer.
The Sherriff’s Department does not recommend conditions related to public safety concerns. As such, there are no anticipated 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 as the commercial center that the subject business is located in is already existing and traffic and vehicular approaches were already considered and approved by the City Engineer and the Planning Commission. 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.
6. Although the Taco Shop 760 restaurants does fall within seven hundred (700) feet, measured from property line to property line, of a use for religious worship (Islamic Society of Palm Springs), and residential use, the benefit of the restaurant outweighs the distance restrictions and the public convenience or necessity is justified to issue the onsale beer, wine and distilled spirits license as the restaurants will offer a wide selection of food in a commercial center on a major corridor envisioned to have such uses. The Islamic Society of Palm Springs is 273 feet to the west and separated by three parcels.
The nearest residence is approximately 150 feet to the Southwest and is separated by Avenue 49.
7. Although the Taco Shop 760 establishment does fall within seven hundred (700) feet, measured from property line to property line, of an existing liquor, off-sale use (Eastern Buffet) the benefit of the supermarket outweighs the distance restrictions and the public convenience or necessity is justified to issue the on-sale beer and wine license as the restaurant will offer a wide selection of food products and increase the availability of restaurant establishments to Coachella residents and within walking distance to the immediate neighborhood. A condition of approval for CUP 360 requires that not greater than 20 percent of the gross floor area or 1,500 sq. ft. whichever is less id dedicated to a bar or storage, sales, and display of liquor/alcoholic beverages and said area is separated by physical barriers from the main seating area for serving meals.
8. The restaurant establishment at the location will not adversely affect the economic welfare of the nearby community, but rather would expand the availability of jobs and would serve as an anchor for the commercial center, which would also 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 16 Item 2.
deterioration, or substantially diminish or impair the property values within the neighborhood. The business is located in an existing commercial center that was approved under Architectural Review and included high quality Spanish Architectural design.
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 approves Conditional Use Permit No. 360 project subject to and amended by conditions of approval in “Exhibit A.” PASSED APPROVED and ADOPTED this 4th of January 2023 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
17 Item 2.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. PC2023-01 was duly adopted by the Planning Commission of the City of Coachella at a regular meeting thereof, held on this 4th of January 2023 by the following vote of the Planning Commission:
AYES:
NOES:
ABSENT:
ABSTAIN:
Gabriel Perez
Planning Commission Secretary
18 Item 2.
Resolution No. PC 2023-01 EXHIBIT A
Exhibit A - Resolution No. PC2023-01
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 360
General Conditions
1. The conditional use permit shall expire and shall become void one year following the date on which the conditional use became effective unless alcohol sales is commenced within 12 months of the effective date of this Conditional Use Permit or 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.
2. Conditional Use Permit No. 360 is an approval for the on sale of beer, wine and distilled spirits in conjunction with the Taco Shop 760 restaurant. 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.
3. 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.
4. 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.
5. Hours of operation of the restaurant may be from 8:00 a.m. to 10:00 p.m. Monday through Sunday.
6. 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.
7. Not greater than 20 percent of the gross floor area or 1,500 sq. ft. whichever is less id dedicated to a bar or storage, sales, and display of liquor/alcoholic beverages and said area is separated by physical barriers from the main seating area for serving meals. 19 Item 2.
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