City Hall Council Chamber
1515 Sixth Street, Coachella, California
(760) 398-3502 www.coachella.org
AGENDA
OF A REGULAR MEETING
OF THE
CITY OF COACHELLA
PLANNING COMMISSION
April 19, 2023
6:00 PM
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 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. Planning Commission Meeting – Minutes April 5, 20023 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. Citywide Wireless Telecommunications Facility communication update.
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):
3. AMPM – Type 21 Alcohol Sales Conditional Use Permit No. 364 to allow liquor sales (ABC License Type 21, Off-Sale General) at the “AMPM” convenience store in an existing commercial building located at 48055 Grapefruit Blvd. GSC & Son Corporation (Applicant) INFORMATIONAL:
4. Tentative Future Agenda Planning Commission
ADJOURNMENT:
Complete Agenda Packets are available for public inspection at the City Clerk’s Office at 53-462 Enterprise Way, Coachella, California, and on the City’s website www.coachella.org.
THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES 2 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
19 de Abril, 2023
6:00 PM
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 REUNIÓ
3 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:
1. Borrador de las Actas de la Comisión de Planificación – 5, de Abril 2023.
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. Actualización de la comunicación sobre la instalación de telecomunicaciones inalámbricas en toda la ciudad.
CALENDARIO DE AUDIENCIAS PÚBLICAS (CUASI-JUDICIAL):
3. AMPM - Tipo 21 Venta de Alcohol Permiso de Uso Condicional No. 364 para permitir la venta de licor (Licencia ABC Tipo 21, Venta Fuera de General) en la tienda de conveniencia "AMPM" en un edificio comercial existente localizado en 48055 Grapefruit Blvd. GSC & Son Corporation (Solicitante)
INFORMATIVO:
4. Agenda Futura de Commision de Planificacion
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.
4 ESTA REUNIÓN ES ACCESIBLE PARA PERSONAS CON
DISCAPACIDAD
5 Council Chambers, Hearing Room
1515 6th Street, Coachella, California
(760) 398-3502 www.coachella.org
MINUTES
OF A REGULAR MEETING
OF THE
CITY OF COACHELLA
PLANNING COMMISSION
April 5, 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
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. 6 Item 1.
Minutes Planning Commission April 5, 2023
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: 6:02 P.M.
PLEDGE OF ALLEGIANCE:
Vice Chair Hernandez
ROLL CALL:
Commissioners Present: Commissioner Arvizu, Vice Chair Hernandez, Commissioner Murillo, Chair Gonzalez.
Commissioners Absent: Alternate Commissioner Fonseca, Commissioner Ramirez.
Staff Present: *Gabriel Perez, Development Services Director. *Jason Stevens, Information Technology Manager.
*Jesus Medina, Information Technology Technician.
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 HERNANDEZ AND SECONDED BY COMMISSIONER MURILLO TO APPROVE THE AGENDA.
Approved by the following roll call vote:
AYES: Commissioner Arvizu, Vice-Chair Hernandez, Commissioner Murillo, Chair Gonzalez.
NOES: None.
ABSTAIN: None.
ABSENT: Alternate Commissioner Fonseca, Commissioner Ramirez.
APPROVAL OF THE MINUTES:
1. Draft Planning Commission Minutes – March 15, 2023.
IT WAS MOVED BY VICE-CHAIR HERNANDEZ AND SECONDED BY COMMISSIONER ARVIZU TO APPROVE THE MINUTES.
Approved by the following roll call vote:
AYES: Commissioner Arvizu, Vice-Chair Hernandez, Commissioner Murillo, Chair Gonzalez.
NOES: None.
ABSTAIN: None.
ABSENT: Alternate Commissioner Fonseca, Commissioner Ramirez. .
7 Item 1.
Minutes Planning Commission April 5, 2023
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:
Planning Division introduction.
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):
3. Architectural Review No. 22-07 - Proposed construction of a 5,400 square foot industrial building for Jordan Central Implement Co., a retail farm equipment dealership providing sales, rental, service, replacement parts, with parking and site improvements located on 2.51 acres at the northwest corner of Avenue 54 and Polk Street. Applicant: Chris Ellison. (Continued from March 15, 2023) 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 6:18 pm by Chair Gonzalez.
Allen Rollin, General Manager with Diggins Construction, made himself available and provided comments.
Public Hearing Closed at 6:34 pm by Chair Gonzalez.
IT WAS MOVED BY VICE-CHAIR HERNANDEZ AND SECONDED BY COMMISSIONER ARVIZU TO APPROVE RESOLUTION PC 2022-32 APPROVING ARCHITECTUAL REVIEW NO. 22-07 SUBJECT TO THE
FINDINGS AND CONDITIONS OF APPROVAL AS MODIFIED WITH THE FOLLOWING ADDED CONDITION:
44. Only a monument sign per approved development plans is permitted as identification signage for the proposed industrial use.
Approved by the following roll call vote:
AYES: Commissioner Arvizu, Commissioner Murillo, Vice-Chair Hernandez, Chair Gonzalez.
NOES: None.
ABSTAIN: None.
ABSENT: Alternate Commissioner Fonseca, Commissioner Ramirez.
NON-HEARING ITEMS:
2. Citywide Development Review Process (Presentation)
8 Item 1.
Minutes Planning Commission April 5, 2023
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.
INFORMATIONAL:
45. Tentative Future Agenda Planning Commission
Gabriel Perez, Development Services Director, placed the Future Agenda to give you an idea of what is coming ahead in the Planning Commission Meetings.
Chair Ruben Gonzalez, commented of taking a tour of the City with Commissioners.
Vice Chair Hernandez, commented on the following:
Obtaining Share point files presentations.
Hosting a Housing Summit/Housing Solutions.
Planning Commission Handbook.
Report back on Avenue 54.
ADJOURNMENT: 7:06 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 9 Item 1.
STAFF REPORT
4/19/2023
TO: Planning Commission Chair and Commissioners
FROM: Anahi Fernandez, Management Analyst
SUBJECT: Citywide Wireless Telecommunications Facilities Communication Compliance Update
Staff Recommendation:
Staff recommends that the Planning Commission receive and file the Coachella wireless telecommunications facilities communication update.
Background:
On March 15, 2023, Staff presented an update and status report for Coachella’s wireless telecommunications facilities to the Planning Commission as a non-hearing item. There are a total of (11) existing wireless telecommunication facilities in the City. Eight (8) of the wireless facilities were out of compliance with their Conditional Use Permit (CUP) conditions of approval due to the following reasons:
General maintenance issues
Unmaintained landscaping
Deterioration of wireless telecommunication facilities Inability to mitigate visual effects of wireless telecommunication facilities The Planning Commission requested that staff notify the operators within 30 days as well as provide a communication update at the April 19, 2023 Planning Commission meeting to ensure facilities are brought back into compliance with their CUP conditions of approval.
Discussion/Analysis:
Work has commenced to bring all wireless telecommunication facilities into compliance. Staff has contacted all eight (8) wireless facility providers that were found out of compliance with their CUP conditions of approval, and six (6) providers have directly responded to City staff. Staff has not received a response from AT&T, who is responsible for CUP 301 and CUP 302. Staff met inperson on the subject site with one of the providers and are working with other applicants who have submitted building permit applications for wireless tower modifications and/or additions. 10 Item 2.
Providers were informed about the Planning Commission’s concerns, and their direction to ensure the eight (8) wireless facilities are in compliance within 90 days.
Attachments:
1. Map of Coachella Wireless Telecommunication Facilities
2. Detailed Communication Update on Wireless Telecommunication Facilities 11 Item 2.
9 8
7 4
2 3
6 5
0 1
10 11
I-10
50TH AVE
54TH AVE
SH-86
SH-111
48TH AVE
JA
C
K
S
ON S
T
FILLM
O
RE ST
TYLER
ST
51ST AVE
POLK
ST
VAN BUREN S
T
53RD AVE
HA
R
RIS
ON ST DILLON RD
48TH ST
49TH AVE
6TH ST
52ND AVE
T
YLER
S
T
52ND AVE
SH-86
H
A
R
RIS
O
N
S
T
48TH AVE
I-10
H
A
R
RIS
O
N
S
T
52ND AVE
POLK
S
T
POLK
ST
VAN BUREN ST
53RD AVE
SH-86
I-10
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
0 0.225 0.45 0.9 1.35 1.8
Miles
Created July 2022
Map of Coachella Wireless Telecommunications Facilities 2023 12 Item 2.
Attachment 2
April 2023
Wireless Telecommunication Facilities – Communication Updates Permit Company Location Approval Contact Details Notes
CUP
179
Nextel
Communications
86-045
Avenue
52 PC
10/13/19
Barbara Saito Tower In compliance.
Provider was informed of general
maintenance concerns located outside of
the facility.
CUP
182
Sprint 86-275
Avenue
50 PC
01/12/00
Julie Rizzo Tower In compliance
CUP
184
AT&T 49-600
Oates Ln
PC
09/09/00
David Leonard Tower Out of Compliance.
Provider informed of noncompliance. Onsite meeting took place on 04/04/23.
Provider will address concerns.
CUP
192
SpectraSite
Communications
45-800
Dillon Rd
PC
07/17/02
Justin Garcia Tower Out of Compliance.
Provider was contacted on 03/22/23.
Provider will address concerns.
CUP
240
Royal Street
Communications
51-335
Harrison
St
PC
02/03/10
Veronica Arvizu
[email protected]
Crown Castle
800-788-7011 – Tower #829695
Monopalm Out of Compliance.
Contacted Crown Castle on 03/27/23.
Ticket was submitted to provider to address
maintenance concerns.
CUP
243
T-Mobile 49-251
Harrison
St
PC
06/02/10
Maryann Harwood
[email protected]
Site #824784
Landowners Help Desk
T: (866) 482-8890
F: (724) 416-4015
E-mail: [email protected]
Monopalm Out of Compliance.
Contacted Property Manager of Coachella
Gateway Center on 04/04/23. Property
Manager assisted with informing her tenant
regarding incompliance. Provider
responded on 04/06/23. They will work on
getting site back in compliance.
13 Item 2.
CUP
292
Verizon Wireless 51-711
Douma St
PC
01/31/18
Bryce Novak
[email protected]
Monopalm Out of Compliance.
Contacted applicant on 03/22/23. Applicant
provided contact information for Verizon
Wireless. Provider was informed of
incompliance.
CUP
301
AT&T 51-711
Douma
Street
PC
09/19/18
Melissa Francisco
[email protected]
MonoeucalyptusOut of Compliance.
Contacted applicant on 03/22/23. Applicant
provided AT&T contact information. AT&T
was contacted. No response from AT&T.
Will follow-up.
CUP
302
AT&T Jackson
Square
PC
9/19/18
Melissa Francisco
[email protected]
Monopalm Out of Compliance.
Contacted applicant on 03/22/23. Applicant
provided AT&T contact information. AT&T
was contacted. No response from AT&T.
Will follow-up.
CUP
317
Verizon Wireless Jackson
Square
PC
2/5/20
Garrett Hawthorne
[email protected]
Monopalm Out of Compliance.
Contacted applicant for compliance on
03/22/23. Information was forwarded to
Verizon Wireless contacts.
CUP
309
Verizon Wireless 86-351
Ave 52
PC
01/30/19
Allen Alejandre
[email protected]
Tower In compliance
14 Item 2.
STAFF REPORT
4/19/2023
TO: Planning Commission Chair and Commissioners
FROM: Eva Lara, Planning Technician
SUBJECT: AM PM – Type 21 Alcohol Sales
SPECIFICS: Conditional Use Permit No. 364 to allow liquor sales as part of a proposed 5,170 sq. ft. “AMPM” convenience store (ABC License Type 21, Off-Sale General) in an existing commercial building located at 48055 Grapefruit Blvd. in the C-G (General Commercial) zone. GSC & Son Corporation (Applicant) STAFF RECOMMENDATION:
Staff recommends that the Planning Commission adopt Resolution No. PC2023-08 approving Conditional Use permit No. 364 to allow a liquor sales license (Type 21 On Sale General Alcohol License) at the AMPM convenience store located at 48055 Grapefruit Blvd. pursuant to the findings and conditions of approval contained in the attached resolution.
BACKGROUND:
The subject site is an existing commercial tenant
space located within a 1.7-acre commercial
building located at 48055 Grapefruit Blvd. The
AMPM convenience store currently utilizes Type
20 Off -Sale Beer and Wine license type with the
California Department of Alcohol Beverage
Control (ABC) since September 2017.
In March 2022, the applicant applied for a Type 21
On Sale General Alcohol License with the City;
however, the applicant withdrew the application in
June 2022 due to related concerns over the
abandoned sign removal, landscape maintenance
and sidewalk improvements conditioned in CUP
350 and Resolution No. PC 2022-07.
DISCUSSION/ANALYSIS:
The applicant, GSC & Son Corporation, has
submitted a request for a Conditional Use Permit
15 Item 3.
(CUP) to allow the off sale of liquor (beer, wine and distilled spirits) at the AMPM convenient store. The AMPM convenient store currently holds Type 20 off-sale beer and wine license, which will be surrendered once the Type 21 is issued.
The zoning designation of the
commercial center where the
store is proposed is within the CG (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 onsale alcohol sales establishment, with additional 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.
Section 17.74.015(C)(2) of the Municipal Code establishes that off-sale establishments must comply with the following requirements:
a. The establishment does not fall within seven hundred (700) feet, measured from property line to property line, of a use for religious worship, school (public or private), park, playground, residential or any similar sensitive use; and The establishment is within 700 feet of Rancho Las Flores Park and residences. b. The establishment does not fall within seven hundred (700) feet, measured from property line to property line, of an existing liquor, off-sale use; and The establishment is within 700 feet of other off-sale establishments, which is the Tower Market across the street north of Avenue 48; however, the Tower Market is not within the City of Coachella jurisdiction but within the City of Indio. i. The planning commission may find that the public benefit outweighs the distance restrictions of subsections (a) and/or (b) above, upon additional findings that:
Staff recommends that the Planning Commission makes the finding that the public convenience or necessity is justified to issue the off-sale beer, wine and distilled spirits license as the convenient store offers goods and services in the nearby neighborhood. 16 Item 3.
(A) The establishment provides a substantial benefit to the immediate neighborhood not provided by another existing establishment within the restricted distance; and
The establishment provides benefit to the immediate neighborhood, as it is the one of the only facilities in the City of Coachella offering food and fueling services to the neighborhood at the most northwest city boundary. There is an existing convenience store to the North, Tower Market, that also provides the sale of food items, alcoholic beverages, and fuel.
(B) 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;
The floor plan and picture shown below shows the location of the display and storage of the beer, wine and distilled spirits, which is 4.5 percent, which does not exceed the five percent or the 1,000 sf for the display and storage of alcoholic beverages.
17 Item 3.
c. That the requested establishment at the proposed location will not adversely affect the economic welfare of the nearby community; and
Moreover, the establishment will not adversely affect the economic welfare of the nearby community since the applicant is not establishing or introducing a new liquor license in the area, rather is it a change of a type of liquor license. The establishment is within a commercial center along a major arterial (Grapefruit Blvd.) which provides essential services for nearby residents like food and fuel. However, staff added conditions to the project since it is within a commercial center along an entry way commercial corridor to the City of Coachella. One of the conditions is to provide general upkeep of the perimeter landscape along the entire commercial center to a first-class condition. This includes the removal of dead or trash debris and replacement plant material of along the perimeter landscape of the commercial center. Another condition is to complete the sidewalk network along the vacant southeast frontage of the commercial center along Grapefruit Blvd. (APN:
603-220-057)
d. That 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.
There will be no alterations to the exterior facade of the establishment, the AMPM convenient store was built along with the other structures within the site. In addition, a condition has been added to include the requirement of providing Covenants, Conditions and Restrictions (CC&R) and name the City as third-party beneficiary containing obligation of maintenance obligations such as private landscaping, private streets, sidewalks and other pertinent items.
D. Additionally, if the California Department of Alcoholic Beverage Control (ABC) notifies the City that the proposed establishment is either (1) subject to the State law moratorium/limit on the number of liquor licenses that may be issued within the city under California Business and Professions Code Section 23817.7 or, (2) is in an area of "undue concentration" of liquor licenses, as defined in California Business and Professions Code Section 23958.4; the planning commission must additionally find that the public convenience or necessity nonetheless justifies the issuance of the liquor license to the establishment.
The subject site is located within Census Tract 9404.00, where ABC concentration standards allow a maximum of 3 of off-sale licenses, where 12 exists as shown on Table 1. 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.
18 Item 3.
Table 1 – Off-Sale Alcohol Licenses
Off-Sale Alcohol License within Census Tract 9404.00
Business Name Address License Type
1 Food 4 Less 517 49241 Grapefruit Blvd. 21 (General)
2 Coachella Travel Center 46155 Dillon Rd. 20 (Beer and Wine) 3 Victory Liquor & Sports Goods 49968 Cesar Chavez St. 21 (General) 4 CVS Pharmacy 84010 Avenue 50 21 (General)
5 Garibaldi Meat Market 49975 Harrison St. 20 (Beer and Wine) 6 Coachella Florist 49889 Harrison St. 20 (Beer and Wine) 7 Family Dollar 49681 Harrison St. 20 (Beer and Wine)
8 Coachella Oil Corporation 46651 Dillon Rd. 20 (Beer and Wine) 9 Smart & Final Store 718 49978 Harrison St. 21 (General) 10 Baja Meat Market 47570 Van Buren St. 21 (General)
11 ARCO AMPM 48055 Grapefruit Blvd. 20 (Beer and Wine)
12 Tower Market 84417 Indio Blvd. 21 (General)
Per ABC, If the applicant surrenders the current type 20 upon issuance of the type 21, a PCN letter is required. The applicant’s intent is to surrender existing Type 20 and replace it with the new Type 21 license, if approved by the Planning Commission.
Staff contacted the Lieutenant Vazquez with the Riverside County Sheriff regarding any concerns or complaints for the AMPM convenient store License change from Type 20 to Type 21 Liquor License that the Planning Commission may want to consider when making findings or including conditions of approval for the CUP. Lieutenant Martinez did not identify any concerns with the applicant for the AMPM Convenient Store and does not recommend any conditions of approval.
Hours of Operation:
The AMPM convenient store will continue the same operating hours, which is open for 24 hours, every day of the week.
Environmental Setting:
The subject site is within an existing commercial building at 48055 Grapefruit Blvd substantially surrounded by urban uses, with adjoining zoning and land uses as follows:
North: Tower Market/City of Indio
South: Lighthouse Marijuana Dispensary / (C-G, General Commercial) East: Highway 111 & Railroad
West: Lighthouse Marijuana Dispensary / (C-G, General Commercial) 19 Item 3.
Site Plan / Parking and Circulation:
The site is fully developed with three points of access, one from Grapefruit Blvd., second one from Avenue 48 and third one from Dillon Road. The site provides ample parking spaces for the existing commercial center. No modifications to the site are proposed with this request. The subject site does not provide a direct access point to the nearby Rancho Las Flores Park and is separated by the Dillon Road grade separation and the Glenroy hotel site.
Landscape:
There is an approved landscape plan for the Coachella Gateway commercial center, which includes the AM PM, Burger King, Car Wash, and future commercial building on existing vacant pads (Attachment 5). The Development Services Department initiated efforts to bring existing shopping centers citywide into compliance with approved landscape plans and ensure regular landscape maintenance in a first class condition. Staff has also revisited landscape conditions for projects requesting new entitlements to ensure landscape areas are improved and that maintenance agreements between the city and owner are in place to ensure long-term maintenance occurs according to City expectations.
During an April 2023 walk-through by Staff, it was observed that landscape areas were recently re-planted for AM PM consistent with the approved landscape plan. There are areas on this pad that need to be improved as Staff observed removed trees. In the remainder of the commercial center, the landscape areas need to be improved for consistency with the original landscape plans.
An extensive amount of removed and missing shrubs were observed in the remainder landscape areas. The landscape areas shown on the landscape plan for future pads would be required upon the construction of those future commercial buildings. Staff met with the applicant April 12, 2023 to discuss staff concerns regarding landscape maintenance and the applicant expressed interest in improving all landscape areas. Conditions of approvals # 3, 4, 5 are included in Resolution No. PC 2023-08 to specifically address landscape improvements and maintenance.
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. 364 with the findings and conditions listed in Resolution No. PC 2023-08.
20 Item 3.
1. Adopt Resolution No. PC 2023-08 approving Conditional Use Permit No. 364 with the findings and conditions as recommended by Staff.
2. Deny the proposed Conditional Use Permit and not permit the sale of distilled spirits.
3. Continue this item and provide staff and the applicant with direction.
Attachments:
1. Resolution No. PC 2023-08
2. Vicinity Map
3. AM PM Convenient Store Floor Plan
4. Existing Conditions Photos
5. Landscape Plan
21 Item 3.
RESOLUTION NO. PC 2023-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
COACHELLA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
NO. 364 TO ALLOW OFF-SALE BEER, WINE, DISTILLED SPIRITS FOR THE 5,170 SQUARE FOOT “AMPM” CONVENIENCE STORE (ABC
LICENSE TYPE 21- OFF-SALE GENERAL) IN AN EXISTING
COMMERCIAL BUILDING LOCATED AT 48055 GRAPEFRUIT BLVD.
(APN 603-220-056); GSC & SON CORPORATION, APPLICANT.
WHEREAS, GSC & SON Corporation filed an application for Conditional Use Permit No. 364 (CUP 364) to allow a 5,170 square foot eating place with service of beer, wine and distilled spirits (ABC License Type 21 – Off-Sale General) in an existing commercial building located at 48055 Grapefruit Blvd.; Assessor’s Parcel No. 603-220-056 (“Project”); and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing on CUP No. 364 on April 19, 2023 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 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 part of an existing commercial center and the establishment currently utilizes an ABC Type 20 – Off-Sale Beer and Wine and will accommodate the proposed ABC Type 21- Off-Sale General; 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. 364 subject to the findings and conditions of approval listed below 22 Item 3.
Resolution No. PC2023-08
FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT NO. 364:
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 convenience store use with alcohol sales is within the Suburban Retail District land use designation according to the General Plan 2035, which allows retailers located in major crosstown corridors, retail districts balance the need to provide convenient access and parking for motorists providing an attractive shopping environment. The proposed Type 21 Off-Sale General liquor license support the type of established as convenient store located at the major arterial supporting 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 convenient store subject to obtaining a conditional use permit to sell alcoholic beverages. The proposed use in the C-G zone 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 has all infrastructure available on-site for the convenient store. The project was part of a commercial center that was approved by Planning Commission as Architecture Review 12-07, CUP 254 and CUP 256, therefore the project conforms to the 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. The Sherriff’s Department did 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 interference with traffic on surrounding public streets or roads. Existing vehicular approaches from Avenue 48, Dillon Road, and Grapefruit Blvd. will be utilized for the project. Existing on-site vehicular parking is sufficient.
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.
23 Item 3.
Resolution No. PC2023-08
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 364:
1. Conditional Use Permit No. 364 is an approval for the on sale of beer, wine and distilled spirits in an existing commercial facility AMPM convenient store. 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. 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. The City of Coachella shall be listed as an express third-party beneficiary and be reviewed and approved by the City Attorney’s office prior to recordation. Recordation of the amended CC&Rs with the City listed as a third-party beneficiary shall occur prior to issuance of a Type 21 license from CA Alcohol Beverage Control.
4. The CUP No. 364 will be considered effective upon replacement of on-site missing, dead or decaying landscaping and removal of the abandoned pylon frame to the satisfaction of the Code Enforcement Manager and Development Services Director. The applicant shall arrange a field inspection with the Code Enforcement Manager and Development Services Director to affirm that this conditional approval was addressed. The Development Services Director will confirm with the CA Alcohol Beverage Control that this condition has been satisfied at that the CUP No. 364 is considered affective.
5. 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.
6. The applicant shall install and continue the sidewalk along the southeast portion of the commercial center specifically the frontage (along Grapefruit Blvd.) of the vacant parcel APN: 603-220-057 within 6 months of the approval of CUP 364.
7. Any break in service, meaning the closure of the convenience convenient store for a period of 180 consecutive days, will result in the expiration of this CUP.
8. 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 24 Item 3.
Resolution No. PC2023-08
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.
9. 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.
10. Hours of operation will continue the same operating hours, which open for 24 hours, very day of the week.
11. 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.
12. The existing abandoned metal freestanding sign at the corner of Grapefruit Blvd and Avenue 48 shall be removed prior to issuance of a Type 21 ABC License.
PASSED APPROVED and ADOPTED this 19th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Ruben Gonzalez
Planning Commission Chairperson
ATTEST:
______________________________
Gabriel Perez
Planning Commission Secretary
APPROVED AS TO FORM:
_____________________________
Carlos Campos
City Attorney
25 Item 3.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. PC2023-08 was duly adopted by the Planning Commission of the City of Coachella at a regular meeting thereof, held on this 19th day of April 2023 by the following vote of the Planning Commission:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Gabriel Perez
Planning Commission Secretary
26 Item 3.
Vicinity Map
¯
AVENUE 48 Site
GRAPEFRUIT BOULEVARD
AVENIDA NERIUM
DILLON RD
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Existing Conditions Photos
CUP 364
Landscape Areas at AM PM:
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Landscape Areas at Burger King:
30 Item 3.
Car Wash Landscape Areas:
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39 Item 3.
COACHELLAGATEWAY
CW-1CARWASH
CARWASH
FLOORPLAN
3/16”=1’-0”
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COACHELLAGATEWAY R-5QUICKSERVICERESTAURANT QSR ELEVATIONS Restaurant
Restaurant
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DEVELOPMENT SERVICES TENTATIVE FUTURE AGENDA 2023
04/26/23 – CITY COUNCIL MEETING – VIA TELECONFERENCE – 6:00 P.M PH – Community Facilities District (CFD No. 2005-01) Annexation 32 – Placita Dolores Huerta Phase 1 Parcel Map No. 37833 (Perez)
05/03/23 – PLANNING COMMISSON MEETING – VIA TELECONFERENCE – 6:00 P.M.
Joint Study Session with the City Council and Planning Commission Citywide Parking and Sign Standard Updates at 5pm (Perez)
Non-Hearing - Pueblo Viejo Downtown Parking Survey Update for future management of existing parking supply. (Lara)
Non-hearing – City of Coachella Annual Progress Report (APR) to the California Dept. of Housing Community Development (Fernandez)
Non-hearing – Citywide Historic Preservation – Historic Sites and Historic Districts (Perez)
05/10/23 – CITY COUNCIL MEETING – VIA TELECONFERENCE – 6:00 P.M Non-Hearing - Pueblo Viejo Downtown Parking Survey Update for future management of existing parking supply. (Lara)
Non-hearing – City of Coachella Annual Progress Report (APR) to the California Dept. of Housing Community Development (Fernandez)
05/17/23 – PLANNING COMMISSON MEETING – VIA TELECONFERENCE – 6:00 P.M.
PH – General Plan Amendment 23-01, Environmental Assessment 23-01 – Santa Rosa Business Park is a proposal to change the General Plan Land Use designation of a 39+ acre site located at the southeast corner of Avenue 54 and Tyler (APN: 763-260-001) from the existing Urban Employment Center designation to the Industrial District designation. The site is vacant and the current zoning (M-H, Heavy Industrial) is compatible with the proposed Industrial District designation. (Moreno) PH –ZOA 22-03, GPA No. 23-02, EA No. 23-02 - Zoning Consistency Update an update of the Citywide Zoning Map and Coachella Municipal Code Zoning Ordinance for consistency with the City of Coachella General Plan adopted in 2015. The effort includes establishment of new Zoning Districts and standards as identified in the City of Coachella General Plan for consistency with General Plan land use designations. The project also includes minor clean up items to the Coachella General Plan and General Plan Map to resolve errors, oversights, and inconsistencies. (Perez) PH – Coachella Airport Business Park - Haagen Co., LLC, is proposing to develop the Coachella Airport Business Park, a mixed-use business park development which includes warehouse space, commercial cannabis-related uses, small businesses, self- and vehiclestorage, a drive thru restaurant and service station/mini mart-related land uses, and an electric substation for Imperial Irrigation District with total building areas of 624,150 sq. ft. located at the Northwest corner of the intersection of State route 86 (SR-86) and Airport Boulevard in the City of Coachella.
05/24/23 – CITY COUNCIL MEETING – VIA TELECONFERENCE – 6:00 P.M 52 Item 4.
06/07/23 – PLANNING COMMISSON MEETING – VIA TELECONFERENCE – 6:00 P.M.
06/14/23 – CITY COUNCIL MEETING – VIA TELECONFERENCE – 6:00 P.M PH – General Plan Amendment 23-01, Environmental Assessment 23-01 – Santa Rosa Business Park is a proposal to change the General Plan Land Use designation of a 39+ acre site located at the southeast corner of Avenue 54 and Tyler (APN: 763-260-001) from the existing Urban Employment Center designation to the Industrial District designation. The site is vacant and the current zoning (M-H, Heavy Industrial) is compatible with the proposed Industrial District designation. (Moreno) PH –ZOA 22-03, GPA No. 23-02, EA No. 23-02 - Zoning Consistency Update an update of the Citywide Zoning Map and Coachella Municipal Code Zoning Ordinance for consistency with the City of Coachella General Plan adopted in 2015. The effort includes establishment of new Zoning Districts and standards as identified in the City of Coachella General Plan for consistency with General Plan land use designations. The project also includes minor clean up items to the Coachella General Plan and General Plan Map to resolve errors, oversights, and inconsistencies. (Perez) 06/21/23 – PLANNING COMMISSON MEETING – VIA TELECONFERENCE – 6:00 P.M.
PH – 6
th Cycle Housing Element - GPA No. 21-02, EA No. 22-03 consideration by the Planning Commission of the City of Coachella 6th Cycle Housing Element and adoption of a Negative Declaration. (Perez)
06/21/23 – CITY COUNCIL MEETING – VIA TELECONFERENCE – 6:00 P.M 07/05/23 – PLANNING COMMISSON MEETING – VIA TELECONFERENCE – 6:00 P.M.
Non-hearing – Citywide Wireless Telecommunications Facility compliance update (Fernandez)
07/12/23 – CITY COUNCIL MEETING – VIA TELECONFERENCE – 6:00 P.M PH – 6
th Cycle Housing Element - GPA No. 21-02, EA No. 22-03 consideration by the Planning Commission of the City of Coachella 6th Cycle Housing Element and adoption of a Negative Declaration. (Perez)
07/19/23 – PLANNING COMMISSON MEETING – VIA TELECONFERENCE – 6:00 P.M.
07/26/23 – CITY COUNCIL MEETING – VIA TELECONFERENCE – 6:00 P.M 53 Item 4.