City Council Chamber
1515 6th Street, Coachella, California
(760) 398-3502 www.coachella.org
AGENDA
OF A REGULAR MEETING
OF THE
CITY OF COACHELLA
PLANNING COMMISSION
February 7, 2024
6:00 PM
In-Person Meeting
Location:
City Council Chamber
1515 6th Street,
Coachella, CA
If you would like to attend the meeting via Zoom, here is the link:
https://us02web.zoom.us/j/84544257915?pwd=VTdHWitpYVdOUk1NQW8vZ1pqUm0zQT 09 Or One tap mobile : +16694449171,,84544257915#,,,,*380084# 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 either in person, via email, telephonically, or via Zoom with a limit of 250 words, or three minutes:
o 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.
o In Writing:
Written comments may be submitted to the City Council 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 City Council and entered into the record. o If you wish, you may leave a message at (760) 262-6240 before 5:30 p.m. on the day of the meeting. The live stream of the meeting may be viewed online by accessing the city's website at www.coachella.org, and clicking on the "Watch Council Meetings" tab located on the home page, and then clicking on the "live" button.
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 January 17, 2024.
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. Family Dollar Type 20 ABC License
Conditional Use Permit No. 373 – to allow liquor sales (ABC Type 20, Off-Sale Beer & Wine) within an existing 8,213 SF dollar store located at 52226 Cesar Chavez Street. Applicant: Family Dollar LLC.
INFORMATIONAL:
3. Director Report
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 City Council Chamber
1515 6th Street, Coachella,
(760) 398-3502
www.coachella.org
AGENDA
DE UNA REUNIÓN ESPECIAL DE
LA
COMISIÓN DE PLANIFICACIÓN
PLANNING COMMISSION
7 de Febrero, 2024
6:00 PM
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 – 17 de Enero 2024.
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:
CALENDARIO DE AUDIENCIAS PÚBLICAS (CUASI-JUDICIAL):
1. Family Dollar Licencia ABC Tipo 20 para permitir la venta de licor Permiso de Uso Condicional No. 373 (ABC Tipo 20, Cerveza y Vino para consumir fuera del establecimiento) dentro de una tienda dólar existente de 8,213 pies cuadrados localizada en 52226 Cesar Chavez Street. Solicitante: Family Dollar LLC.
INFORMATIVO:
Actualizaciones del director
SE SUSPENDE LA SESIÓN:
ESTA REUNIÓN ES ACCESIBLE PARA PERSONAS CON DISCAPACIDAD 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 5
City Council Chamber
1515 6th Street, Coachella, CA
(760) 398-3502 www.coachella.org
MINUTES
OFTHE CITY OF THE
CITY OFCOACHELLA
PLANNING COMMISSION
January 17, 2024
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
6 Item 1.
CALL TO ORDER: 6:02 PM
PLEDGE OF ALLEGIANCE:
Commissioner Murillo.
ROLL CALL:
Commissioners Present: Commissioner Arvizu, Commissioner Murillo, Commissioner Ramirez, Alternate Commissioner Fonseca, Vice Chair Hernandez, Chair Gonzalez.
Staff Present: *Gabriel Perez, Development Services Director. *Jesus Medina, Information Technology Tech.
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 RAMIREZ TO APPROVE THE AGENDA.
Approved by the following roll call vote:
AYES: Commissioner Ramirez, Commissioner Murillo, Alternate Commissioner Fonseca, Vice Chair Hernandez, Chair Gonzalez, Commissioner Arvizu.
NOES: None.
ABSTAIN: None.
ABSENT: None.
APPROVAL OF THE MINUTES:
1. Planning Commission Study Session Minutes – December 6, 2023.
2. Planning Commission Meeting Minutes – December 6, 2023.
IT WAS MOVED BY VICE CHAIR HERNANDEZ AND SECONDED BY COMMISSIONER RAMIREZ TO APPROVE THE MINUTES.
Approved by the following roll call vote:
AYES: Commissioner Ramirez, Vice Chair Hernandez, Commissioner Murillo, Commissioner Arvizu, Chair Gonzalez.
NOES: None.
ABSTAIN: None.
ABSENT: None.
WRITTEN COMMUNICATIONS:
None.
7 Item 1.
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:
3. Luxtor Luxury RV Storage Rooftop Screening – 49751 Oates Lane.
Gabriel Perez, Development Services Director, gave a brief presentation for the item. A copy of the presentation is on file in the Planning Division.
Steve Henry, Project Manager, spoke and provided Comments.
The Planning Commission individually or collectively provided the following comments:
That the proposed rooftop screening solution could be supported. Concern expressed to applicant that rooftop screening was not identified with original plans.
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):
4. Sidewalk Vendor Regulations – proposed amendments to Sections 5.04.380, 8.040.010, and 12.04.030 of the Coachella Municipal Code and adding Chapter 12.50 to the Coachella Municipal Code Amendments regarding sidewalk vending regulations in compliance with Senate Bill 946. City-Initiated.
Gabriel Perez, Development Services Director, gave a brief presentation for the item. A copy of the presentation is on file in the Planning Division.
Public Comment Opened at 6:15 pm by Chair Gonzalez.
Alejandro Meza Aguilar, Coachella Valley Organizer for the Inland Coalition for Immigrant Justice, spoke and provided comments.
Ana Gabriela Cota, Owner of La Noria Restaurant spoke and provided Comments.
Armando Martinez, Coachella Resident and Business Owner, spoke and provided comments.
Public Comment Closed at 7:38 pm by Chair Gonzalez.
IT WAS MOVED BY VICE CHAIR HERNANDEZ AND SECONDED BY COMMISSIONER RAMIREZ TO ADOPT RESOLUTION NO. PC 2024-02 RECOMENDING THAT CITY COUNCIL APPROVE AMENDMENT TO THE CITY MUNICIPAL CODES SECTIONS 5.04.380, 8,040,010, AND 12.04.030 ADDING CHAPTER
12.50 TO THE COACHELLA MUNICIPAL CODE AMENDMENTS REGARDING SIDEWALK VENDING REGULATIONS AND MODIFIED AS FOLLOWS:
ADDITION OF A SLIDING SCALE OF FEES TO REFLECT ANNUAL COST OF BUSINESS. REDUCE THE NUMBER OF WARNINGS TO ONE WARNING.
8 Item 1.
ADDRESS CONCERNS THAT RELATE TO OPERATING GENERATORS IN THE CITY RIGHT OF WAY.
Approved by the following roll call vote:
AYES: Commissioner Arvizu, Commissioner Murillo, Commissioner Ramirez, Vice Chair Hernandez, Chair Gonzalez.
NOES: None.
ABSTAIN: None.
ABSENT: None.
5. Family Dollar – Type 20 ABC License - Conditional Use Permit No. 373 to allow liquor sales (ABC Type 20, Off-Sale Beer & Wine) within a 8,213 SF dollar store located at 52226 Cesar Chavez Street. Applicant:
Family Dollar LLC
Gabriel Perez, Development Services Director, this item will be re-noticed for future Planning Commission on our next meeting in February 07, 2024.
Public Comment Opened at 7:41 pm by Chair Gonzalez.
Public Comment Closed at 7:41 pm by Chair Gonzalez.
INFORMATIONAL:
6. Director’s Development Update
Director Perez discussed plans for the City of Indio to bring the Pocket 7 area and a portion of the City of Coachella’s sphere of influence into the City of Indio. Director Perez also discussed the status of the City of Coachella application to LAFCO for the Pocket 7 area. Gabriel Martin, City Manager of City of Coachella spoke and provided updated from his attendance at the City of Indio Council meeting that occurred earlier in the day.
The Coachella Roastery business is finalizing building improvements and will be open soon.
Respectfully Submitted by,
Gabriel Perez
Planning Commission Secretary
ADJOURNMENT: 7:48 PM
THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES 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.
9 Item 1.
10 Item 1.
STAFF REPORT
2/7/2024
TO: Planning Commission Chair and Commissioners
FROM: Adrian Moreno, Associate Planner
SUBJECT: Family Dollar – Type 20 ABC License
SPECIFICS: Conditional Use Permit No. 373 to allow liquor sales (ABC Type 20, Off-Sale Beer & Wine) within a 8,213 SF dollar store located at 52226 Cesar Chavez Street. Applicant: Family Dollar LLC
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission adopt Resolution No. PC2024-01 approving Conditional Use Permit (CUP) No. 373 to allow a liquor sales license (Type 20, Off-Sale Beer & Wine) at the Family Dollarstore at 52226 Cesar Chavez St., pursuant to the findings and conditions in the attached resolution.
BACKGROUND:
Family Dollar is an existing store within an existing commercial building located at the Coachella Shopping Center at 49647 Cesar Chavez Street (APN 778-242-024). The construction of this building was approved through AR 12-09 (Family Dollar), which was approved by the Planning Commission on October 17, 2012.
DISCUSSION/ANALYSIS:
The applicant, Family Dollar LLC, submitted a request for a CUP to allow the Type 20 license (Off-Sale Beer & Wine) at the existing Family Dollar store. The zoning designation of the property is within the C-N (Neighborhood Commercial) zone and allows liquor sales with approval of a CUP. In December of 2016, the City adopted an ordinance requiring a conditional use permit for any off-sale and on-sale alcohol sales establishment, with additional land use regulations contained in Section 17.74.015 of the Zoning Code. The CUP findings are required to be made by the Planning Commission.
The subject site is located within Census Tract 457.04 with a population of 3,135 persons, where ABC concentration standards allow a maximum of 1 off-sale licenses, where 6 active off-sale licenses exist. The applicant is not applying for an on-sale license, however there are 21 active onsale licenses where ABC concentration standards allow a maximum of 5 on-sale licenses. 11 Item 2.
Table 1 – Off-Sale Alcohol Licenses
Off-Sale Alcohol License within Census Tract 457.04
Business Name Address License Type
1 CHIHUAHUA MARKET 52579 CESAR CHAVEZ ST 20 (Off-Sale Beer & Wine) 2 FASTRIP 652 51893 CESAR CHAVEZ ST 21 (Off-Sale General) 3 ARCO 52138 CESAR CHAVEZ ST 21 (Off-Sale General)
4 BEERTOWN MARKET INC 85101 AVENUE 52 20 (Off-Sale Beer & Wine) 5 Carniceria Rancho Grande 51508 CESAR CHAVEZ ST 21 (Off-Sale General) Additionally, off-sale establishments may not fall within 700 feet of a church, school, park, playground, residence or another exiting off-sale use as measured from property line to property line. The subject site is within 700 feet of the following off-sale liquor uses; Chihuahua Market (163 foot distance), Arco (398 foot distance), Fastrip (660 foot distance), and Beertown Market (664 foot distance). The subject site is within 700 feet of residential property. The subject site is within 700 feet of the Primera Iglesia Bautista church (523 foot distance) and Valley View Elementary School (651 foot distance).
Staff contacted 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 identified a concern to avoid a direct route from alcohol to entry or exit doors. The applicant provided a revised floor plan that implemented the sheriff’s comments, and Lieutenant Vasquez approved of the changes to the revised floor plan. Lieutenant Vasquez did not provide any further concerns with the proposed use and does not recommend any conditions of approval. No comments have been received from the public with any concerns regarding the approval of the proposed conditional use permit for Type 20 (Off-Sale Beer & Wine) alcohol sales.
The floor plan for the Family Dollar store includes a sales floor area of 6,905 SF. Alcohol is proposed to be within 32 SF of the sales floor area, within coolers and a gondala merchandiser more than 25 feet from the store entrance. This project does not exceed the 5% maximum sales floor area (345.25 SF) that may be dedicated to alcohol.
Hours of Operation:
The hours of operation for Family Dollar are Monday through Sunday from 8 a.m. to 10 p.m.
Environmental Setting:
The subject business at 52226 Cesar Chavez Street is along the Cesar Chavez Street commercial corridor surrounded by commercial and residential single-family uses, with adjoining zoning and land uses as follows:
North: Family Furniture / (C-N, Neighborhood Commercial) Northwest: Chihuahua Market /(C-N, Neighborhood Commercial) 12 Item 2.
South: vacant parcel / (C-G, General Commercial)
East: Single family residential / (C-G, General Commercial) West: Dekoralo & Leonis Boutique clothing store and Un Pedacito De Cielo Libreria Catolica religious goods store / (C-G, General Commercial) Parking:
In commercial districts, one parking space is required for each 250 square feet of gross floor area.
The subject site has a gross floor area of 7,847 SF, which would require the subject site to provide 32 parking spaces. The subject site provides 33 parking spaces, which is adequate parking for this use.
Landscape/Graffiti
During a staff site visit to the Family Dollar site staff observed the store has not been maintained to the standards of the conceptual landscape plan approved under AR No. 12-09 (Family Dollar).
There are missing plants, trees, and other landscape materials on site, including some examples of graffiti on site. To ensure that landscaping and graffiti abatement is maintained to a high standard on-site, staff is recommending conditions of approval for a final landscape plan and to require landscaping and graffiti to be replaced and cleaned up to the satisfaction of the Code Enforcement and Planning Departments. Once these improvements are made to the satisfaction of Code Enforcement and Planning Departments, Staff will reach out to California Alcohol Beverage Control that CUP 373 is considered affective.
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 negligible or 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.
ALTERNATIVES:
1) Adopt Resolution No. PC2024-01 recommending that the City Council approve CUP No. 373 with the findings and conditions as recommended by Staff. 2) Adopt Resolution No. PC2024-01 with the findings and conditions as recommended by Staff with modifications as proposed by the Planning Commission. 3) Not approve Resolution No. PC 2024-01 and request that staff prepare a Planning Commission Resolution for denial of CUP No. 373.
3) Continue this item and provide staff and the applicant with direction. 13 Item 2.
CONCLUSIONS AND RECOMMENDATIONS
Based on the analysis contained herein and the findings listed below, staff is recommending that the Planning Commission approve CUP No. 373 with the findings and conditions listed in Resolution No. PC2024-01. Staff recommends that the Planning Commission makes the finding that the public convenience or necessity is justified to issue the Type 20 license (Off-Sale Beer & Wine). Furthermore, the Sherriff’s Department has not raised concerns about granting the CUP for Type 20 alcohol sales.
Attachments:
1. Resolution No. PC2024-01
2. Vicinity Map
3. Family Dollar Floor Plan
4. Site Photos
5. Conceptual Landscape Plan (2012)
14 Item 2.
RESOLUTION NO. PC 2024-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
COACHELLA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
NO. 373 TO ALLOW OFF-SALE BEER AND WINE FOR THE 8,213 SQUARE FOOT FAMILY DOLLAR STORE (ABC LICENSE TYPE 20 – OFF SALE
BEER & WINE), IN AN EXISTING COMMERCIAL BUILDING LOCATED AT 52226 CESAR CHAVEZ ST (APN 778-242-024); FAMILY DOLLAR LLC, APPLICANT.
WHEREAS, Family Dollar LLC, filed an application for Conditional Use Permit No. 373 (CUP 373) to allow a 8,213 square foot dollar store to allow liquor sales of beer and wine (ABC License Type 20– Off-Sale Beer & Wine) in an existing commercial building located at 52226 Cesar Chavez St; Assessor’s Parcel No. 778-242-024 (“Project”); and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing on CUP No. 373 on February 7, 2024 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 off-sale beer and wine use; 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. 373, subject to the findings and conditions of approval listed below.
Attachment 1
15 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 off-sale of beer and wine will occur in an existing private commercial structure involving negligible or no expansion of existing or former commercial use on the property.
Section 3. Conditional Use Permit Findings
With respect to Conditional Use Permit No. 373, the Planning Commission finds as follows for the existing Family Dollar store with proposed sale of beer and wine (ABC License Type 20 – Off Sale Beer and Wine):
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 existing Family Dollar store with proposed alcohol sales is within the Neighborhood Center land use designation according to the General Plan 2035, which allows the intended physical character to provide convenient access and parking for motorists with the need to provide a comfortable, walkable environment for shoppers and diners. The off sale offerings of beer and wine at Family Dollar will provide a unique service to the Neighborhood Center and citywide that accomplish 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-N' (Neighborhood Commercial) which permits liquor sales subject to obtaining a conditional use permit to sell alcoholic beverages. The proposed use is located on Cesar Chavez Street 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 proposed alcohol sales and the existing commercial parking lot. 16 Item 2.
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 are no concerns about the operations of this establishment, including service of off-sale beer and wine. 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 off-sale of beer and wine will occur in an existing private commercial structure involving negligible or no expansion of existing or former commercial use on the property.
6. Although the Family Dollar store does fall within seven hundred (700) feet, measured from property line to property line, of four off-sale liquor uses (Chihuahua Market, ARCO, Fastrip, and Beertown Market), a church (Primera Iglesia Bautista), and residential uses, the benefit of the proposed alcohol sales outweighs the distance restrictions and the public convenience or necessity is justified to issue the off-sale beer and wine license as the Family Dollar store offers a wide selection of food in a commercial center on a major corridor envisioned to have such uses. Chihuahua Market is a 163 foot distance and separated by Cesar Chavez Street to the west, Arco is 398 foot distance to the north, Fastrip is a 660 foot distance separated by Cesar Chavez Street and Avenue 52 to the northwest, and Beertown Market is a 664 foot distance separated by Cesar Chavez Street and Avenue 52 to the northeast. The nearest residences are directly adjacent to the subject property to the east. The Primera Iglesia Bautista church is a 523 foot distance separated by Valley Road to the south. A condition of approval for CUP 373 requires that not greater than 5% of the sales floor area, or 1,000 square feet, whichever is less, shall be used for the display or sale of alcoholic beverages.
7. The Family Dollar store establishment at the location will not adversely affect the economic welfare of the nearby community, but rather would retain the availability of jobs and continue to serve as an anchor for the commercial corridor, which would continue to provide jobs and increase the City's sales tax revenues.
8. 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. The business is located within an existing private commercial structure. 17 Item 2.
A condition of approval for CUP 373 requires landscaping to maintained in good condition at all times, and requires the applicant to enter into a Landscape Maintenance Agreement with the City.
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 approves Conditional Use Permit No. 373 project subject to and amended by conditions of approval in “Exhibit A.” PASSED APPROVED and ADOPTED this 7
th of February 2024 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
18 Item 2.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. PC2024-01 was duly adopted by the Planning Commission of the City of Coachella at a regular meeting thereof, held on this 7
th of February 2024 by the following vote of the Planning Commission:
AYES:
NOES:
ABSENT:
ABSTAIN:
Gabriel Perez
Planning Commission Secretary
19 Item 2.
Resolution No. PC 2024-01 EXHIBIT A
Exhibit A - Resolution No. PC2024-01
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 373
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. 373 is an approval for the off sale of beer and wine in conjunction with the Family Dollar 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.
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 dollar store may be from 8:00 a.m. to 10:00 p.m. Monday through Sunday. Hours of operation may be amended with concurrence of the Development Services Director after consultation with the Chief of Police. Any change of hours shall be added as an administrative memorandum to the CUP case file.
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 5% of the sales floor area, or 1,000 square feet, whichever is less, shall be used for the display or sale of alcoholic beverages.
20 Item 2.
Resolution No. PC 2024-01 EXHIBIT A
8. The exterior appearance of the structure of the proposed establishment shall not be inconsistent with the exterior appearance of commercial structures already constructed or under construction within the shopping center so as to cause blight or deterioration, or substantially diminish or impair the property values within the neighborhood.
9. Any break in service, meaning the closure of the dollar store for a period of 180 consecutive days, will result in the expiration of this CUP.
10. Alcohol and tobacco advertisement shall be prohibited on exterior signage and below four feet in height.
11. Alcohol products shall be prohibited near candy.
12. The applicant shall submit a final landscape plan for review and approval by the Development Services Department with added low intensity landscape lighting.
13. The CUP No. 373 will be considered effective upon replacement of on-site missing, dead or decaying landscaping, replacement of the missing wooden trellis, and graffiti abatement 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 and that the CUP No. 373 is considered affective.
14. 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.
15. Applicant shall enter into a Landscape Maintenance Agreement with the City of Coachella prior to CUP No. 373 is considered affective.
Building Division
16. In order to comply with accessibility code requirements, it is necessary to maintain the handicap accessibility features to the originally approved form. The Building Department will inspect the facility, any violation will have to corrected. California Building Code Section 11B-108 Maintenance of Accessible Features- Features, facilities and equipment required by Chapter 11B to be accessible to and useable by persons with disabilities shall be maintained in operable working condition. Isolated or temporary interruptions in service or accessibility due to maintenance or repairs shall be permitted.
Utilities Department
17. All water meters require backflow devices.
21 Item 2.
Resolution No. PC 2024-01 EXHIBIT A
18. Submit a revised wastewater discharge survey
19. Landscaped frontage damaged during the car accident that broke the fire line shall be restored to the satisfaction of the City
22 Item 2.
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
Vicinity Map
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Calle Verde
Calle Rojo
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SECTION COUNT MERCHANDISE PLAN FC PROJ 10225 30225 COACHELLA, CA X/X/2023 7,847 6,905 11'-5" XXX 11/30/2023 STORE NUMBER PROJECT NUMBER LOCATION FORMAT START DATE TOTAL INTERIOR SQ FT SALES SQ FT AA HISPANIC CEILING HEIGHT AGS RISK CLASS DRAWN BY PROJECT MANAGER DATE REVISIONS 500 VOLVO PKWY I CHESAPEAKE, VA 23320 CONFIDENTIAL - FAMILY DOLLAR USE ONLY USABLE STOCK SQ FT XXXXXX TBD TBD TBD N/A XXX XX EC TBD AA HAIR CARE TBD P. JAMES EXTERIOR SQ FT 489 8,213 4' SHELF
CIGARETTE ONLY 3' OTPTALL (86")
SUPPLIES ········· 24
Item 2.
Entrance
Western Elevation
25 Item 2.
Northern Elevation
Eastern Elevation
26 Item 2.
Southern Elevation
Landscaping (frontage)
27 Item 2.
Landscaping (frontage)
Landscaping (rear)
28 Item 2.
Landscaping (rear)
Graffiti examples
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