Planning Commission
MEETING DATE: 8/15/2017
Title
CASE NO. Specific Plan Amendment No. 95-53A
APPLICANT: Terra Nova Planning & Research, Inc., John Criste
LOCATION: At the south end (cul-de-sac) of Perez Road, south of East Palm Canyon Drive (APNs: 687-460-016, -022, -024, -028, -032 and -035).
REQUEST: Consider an amendment to Specific Plan No. 95-53 (Auto Center Specific Plan) to remove six (6) parcels from the boundary of the Specific Plan.
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STAFF PLANNER:
Robert Rodriguez, Planning Manager
RECOMMENDATION:
Recommendation
APPROVE the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) for the project.
Adopt the attached Resolution recommending that the City Council EITHER APPROVE OR DENY Specific Plan Amendment No. 95-53A.
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FINDINGS:
Approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) is based on the following findings:
1. The Mitigated Negative Declaration and MMRP were prepared, processed, and noticed in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines.
2. The Mitigated Negative Declaration and MMRP reflect the independent judgment and analysis of the City.
3. That mitigation measures included in the Mitigated Negative Declaration and MMRP avoid or mitigate any potential significant effects on the environment identified in the Mitigated Negative Declaration. There is no substantial evidence in the record from which it could be fairly argued that the project may have a significant effect on the environment.
A recommendation that the City Council Approve Specific Plan Amendment No. 95-53A is based on the following findings:
1. The Specific Plan Amendment is supported by the property owners of the six parcels;
2. The proposed Amendment would return the subject parcels to the existing underlying zoning and regulations of the PCC (Planned Community Commercial) zoning district, which would be consistent with the existing PCC zoning and uses of the surrounding areas;
3. The PCC zoning district is consistent with the current CG (General Commercial) General Plan land use designation; and
4. The proposed Amendment would permit a much wider variety of commercial uses, thereby, improving the economic viability of the subject parcels.
A recommendation that the City Council Deny Specific Plan Amendment No. 95-53A, is based on the following findings:
1. Uses currently permitted by right under the Auto Center Specific Plan (ACSP) such as automobile service centers or repair facilities, auto body and collision shops and vehicle rental establishments would require a Conditional Use Permit under the proposed Specific Plan Amendment, rendering some existing uses on the subject sites nonconforming uses;
2. Uses such as cannabis businesses, fast-food restaurants, and tattoo establishments would be permitted with a Conditional Use Permit under the Amendment, which are inconsistent with the intent and purpose of the ACSP and incompatible with the allowed and existing uses of the ACSP;
3. Under the guidelines and regulations of the ACSP, the area has been successfully developed and has remained commercially viable, with only one existing building unoccupied; and
4. The proposed Amendment is unnecessary at this time and would be detrimental to other properties and existing uses.
BACKGROUND:
In 1995, the City Council Adopted the Cathedral City Auto Center Specific Plan (Specific Plan No. 95-53) to prescribe appropriate land use regulations and property development standards to enhance, reinforce and expand the “Desert Auto Park” new car sales and service complex and encourage compatible automotive-related commercial sales and services in proximity to this complex. (see Attachment 1)
The Cathedral City Auto Center Specific Plan (ACSP) provides for two “combining districts”, (1) New Car Sales and Service District and (2) Automotive-Related Compatible Commercial District. These combining districts are intended to revise and refine the underlying zoning designations, as defined in the Zoning Ordinance, and limit both the permitted and conditional uses to those appropriate to the objectives of the Specific Plan.
The project proposes to amend the Specific Plan boundaries to remove the subject six parcels from the ACSP (see Attachment 2). These parcels would remain subject to the standards and regulations of the underlying PCC (Planned Community Commerical) zoning designation. The amendment does not propose to change either the current General Plan land use designation or the underlying PCC zoning designation.
The subject six parcels encompass a total of 6.92 acres and are within the Automotive-Related Compatible Commercial District. Four of the six properties have been developed with auto body and collision shops and automobile service centers. One of the two remaining properties has been improved with a parking lot for vehicle storage and the other is undeveloped due to restrictions related to flood control requirements.
ANALYSIS:
The subject six parcels are located within the Automotive-Related Compatible Commercial District of the ACSP, which limits the uses in the District to the following:
2. Automotive-Related Compatible Commercial District:
a. Permitted Uses:
• All permitted uses outlined in the New Car Sales and Service District
• Automobile service centers or repair facilities
• Automobile service stations, including incidental convenience shopping
• Car washes, including self-service, full service only
• Vehicle rental establishments, not including used car sales
b. Conditional Uses:
• Auto parts store
• Restaurant/Café
• Nurseries
• Recycling collection facility (small)
• Public service facilities and public utility structures
• Auctions (auto-related only)
• Recreation vehicle or trailer sales and services
• Auto body, radiator, tire and battery, car upholstery, electrical, transmission, sound automotive specialties conducted entirely or predominately within a building
• Parking structures
• Custom car assembly or similar automotive fabrication shops
• Automotive storage yards
• Bike and motorcycle sales, service and rental shops
• Electric car and/or golf cart sales and services
• Auto accessory stores
• New truck, boat or other vehicle sales and services
• Any other permitted uses listed in the “PCC” or “CBP-2”, “I-1”, districts, respectively
The project proposes to amend the Specific Plan boundaries to remove the subject six parcels from the ACSP. These parcels would remain subject to the standards and regulations of the underlying PCC zoning designation and would be limited to the following uses:
9.30.020 Permitted uses
Animal Clinics;
Any permitted uses listed in the PLC district;
Cocktail lounges and bars:
Hotels and motels;
New auto and truck sales;
Nurseries;
Recycling collection facility (small);
Restaurants;
Sexually oriented businesses, subject to full compliance with all licensing and regulatory provisions of Chapter 5.18 of this code;
Theatres;
Such other similar uses as are approved by the planning commission.
9.30.030 Conditional uses
Any use involving outdoor activity or storage except those permitted uses listed in Section 9.30.020, parking appurtenant to other permissible uses;
Auctions;
Automobile repair shops;
Automobile service stations;
Carwashes, limited to self-serve and full-serve only;
Commercial recreation facilities;
Cultivation sites;
Dispensaries;
Distribution site;
Fast-food restaurants and drive-thrus;
Game arcades;
Private clubs and lodges;
Public service facilities and public utility structures;
Retail store-used;
Tattooing establishments (as defined by Chapter 5.34 of this code);
Transportation site;
Vehicle rental establishments and used vehicle sales (except used vehicles sold in conjunction with the operation of a manufacturer licensed new vehicle sales dealership) subject to the provisions of Section 9.96.170 pertaining to special provisions applying to miscellaneous problem uses.
Such other similar uses as are approved by the planning commission.
If the amendment is approved, a much wider variety of commercial uses would be permitted by right and several new uses, not currently permitted at all, would be permitted with a Conditional Use Permit (CUP). Additionally, other uses currently permitted with a CUP would be permitted by right under the PCC zoning district. The amendment would also affect the current uses, requiring a CUP for auto body and collision shops and automobile service centers. The amendment is supported by the property owners of the subject six parcels.
The ACSP development standards are similar to the PCC standards, including lot size and building heights, but contain additional restrictions. The ACSP requires a 35-foot front yard setback and additional architectural guidelines. If the amendment was approved, the 35-foot setback would no longer be required and architectural guidelines would be replaced with the City-wide design guidelines.
The project was submitted to the Riverside County Airport Land Use Commission and found to be consistent with the 2005 Palm Springs Airport Land Use Compatibility Plan (see Attachment 3).
ENVIRONMENTAL ANALYSIS:
In accordance with Senate Bill 18, the project proposal was sent to California Native American tribes on January 25, 2018 for review and comment. Letters were received from six tribes. Four of the tribes indicated no further consultation was needed. The other two tribes requested a tribal monitor during any earth moving activities which has been added as mitigation measure CR-1.
An Initial Study and Mitigated Negative Declaration (IS/MND) were prepared for the project. The IS/MND includes one mitigation measure that addresses the following areas:
• Cultural resources
• Tribal cultural resources
The mitigation measure is as follows:
CR-1. A Native American Monitor from the Twenty-Nine Palms Band of Mission Indians shall be present and given the opportunity to observe during any potential future earth-moving activities. If during the course of grading or construction, artifacts or other cultural resources are discovered, all grading on the site shall be halted and the Applicant shall immediately notify the City Planner.
PUBLIC NOTIFICATION:
This public hearing and the environmental determination were noticed in accordance with the City Municipal Code, State Law and CEQA.
ATTACHMENTS:
Attachment 1: Auto Center Specific Plan
Attachment 2: Specific Plan Amendment Map
Attachment 3: Riverside County Airport Land Use Commission Review
Attachment 4: Mitigated Negative Declaration
Attachment 5: Planning Commission Resolution - Approve
Attachment 6: Planning Commission Resolution - Deny
Attachment 7: Public Hearing Notice