City Council
MEETING DATE: 10/25/2017
TITLE:
Title
Appeal of Planning Commission Denial of Conditional Use Permit No. 17-013 and Tentative Parcel Map No. 37270 for Quick Quack Car Wash, located at the northeast corner of Ramon Road and Avenida Ximino
End
FROM:
Robert Rodriguez, Planning Manager
RECOMMENDATION:
Recommendation
Staff recommends that the City Council hear an appeal of the decision of the Planning Commission to deny a Conditional Use Permit and Tentative Parcel Map; hold a public hearing; and then affirm, reverse or modify, in whole or in part, the Planning Commission decision, based upon the findings contained in the Staff Report.
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BACKGROUND:
The applicant, Joe Walters representing Identity Mutual, LLC, submitted applications for a Conditional Use Permit (CUP) and Tentative Parcel Map (TPM) on March 20, 2017 for the development of an approximately 3,586 square foot full service car wash facility with outdoor vacuums on a vacant 1.63-acre site located in the PCC (Planned Community Commercial) zoning district and Specific Plan No. 88-31.
The project site is located on the north side of Ramon Road, west of Date Palm Drive, and is bounded by Ramon Road, Aliso Road, Avenida Ximino and Avenida Alvera. The site is currently comprised of eight separate parcels which are proposed to be merged through the Tentative Parcel Map into two parcels/lots. The carwash facility will be located on the westerly parcel with parking, retention and landscaping on the other parcel. An undeveloped pad area will remain on this parcel for future commercial development.
Site Plan, Architecture and Landscape
The car wash building and tunnel will be located near the center of the westerly parcel with the vacuum spaces along the west property line (facing Avenida Ximino). The site will have three access points; full ingress/egress from Avenida Ximino and Avenida Alvera and a right-in only from Ramon Road. The retention basin will be located on the easterly parcel and is sufficiently sized to accommodate the car wash and the future development. A six-foot high block wall will be constructed on the north side of the site, along Aliso Road, and a 30” high wall will be constructed along Ramon Road, west of the drive way.
Customers using the car wash will enter dedicated vehicle lanes located on the east side of the building, entering the tunnel on the north side of the building and exiting on the south side. There will be two lanes and queuing for a minimum of 12 vehicles with an emergency exit prior to entering the tunnel.
The building will have a contemporary architectural style with exposed CMU and stucco exterior walls with a stone veneer along the bottom of the building, on columns and on the south side of the building, framing the carwash tunnel exit. Metal canopies will be featured on the east and west elevations of the building that will complement the canopies over the vacuum area and pay station.
Landscaping will be installed around the perimeter of the site including the parkway, within the interior of the carwash site, in the retention area and along the drive aisle from Avenida Alvera. The desert landscape scheme is consistent with the requirements of the Coachella Valley Water District (CVWD) and the City’s water efficient landscape ordinance and regulations. The Final Landscape Plan will be required to be reviewed and approved by CVWD to ensure compliance with water efficiency requirements.
The Architectural Review Committee (ARC) reviewed the project on August 9 and September 6, 2017 and approved the project on a 4-0 vote with the condition that the slopes of the retention basin be stabilized with gravel in a size approved by the City Engineer. This condition has been included in the Conditions of Approval and will be shown on the final landscape plan.
On October 4, 2017, the Planning Commission considered the project and after deliberations was unable to make the necessary findings to allow an exception to the carwash location standards (see Carwash discussion below) and denied the project on a 4-0 vote. On October 9, 2017, the applicant filed the necessary request and fee, within 10 days of the Planning Commission’s decision, to appeal the decision.
The administrative record for the Planning Commission meeting is attached to this staff report including: The Planning Commission Staff Report; Proposed Conditions of Approval; Site and Floor Plans and Elevations; Planning Commission October 4, 2017 Agenda; Planning Commission Public Hearing Notice; Planning Commission Minutes of October 4, 2017; Resident Letter; and the Applicant’s Appeal Letter.
DISCUSSION:
General Plan and Zoning Consistency
The project is consistent with the CG (General Commercial) land use designation of the City’s General Plan, which provides for a wide variety of commercial uses, ranging from free-standing retail buildings and restaurants to offices and regional commercial centers, and General Land Use Policy 4, encouraging in-fill development and lot consolidation as a means of optimizing uses of existing roadways and utility infrastructure. The project site is an in-fill site surrounded by existing commercial and residential development.
The project is located within the PCC Zoning District. The intent of the PCC district is to provide for retail and service commercial uses which are of a relatively high intensity and are necessary to provide a wide range of shopping facilities, goods and services. Car washes, self-serve and full-serve, may be permitted within the PCC district subject to the issuance of a conditional use permit. The project is consistent with all applicable PCC development standards.
Specific Plan
The project is located within the boundaries of Specific Plan No. 88-31. The objective of the Specific Plan is to ensure that future commercial development is compatible with surrounding residential uses. As such, development standards are included within the Specific Plan that projects must comply with including minimum setbacks from surrounding streets, a six-foot block wall along Aliso Road and screening of bays from Ramon Road. The design of the project is consistent with these standards except for the access to Ramon Road. The Specific Plan prohibits direct access to Ramon Road. However, to minimize traffic impacts and improve circulation to and through the site, a right-in only access has been recommended by the City Engineer. If the project is approved, the Specific Plan should be amended to ensure the project is consistent with the Specific Plan. Due to staff and timing constraints, an amendment to the Specific Plan is not included in the project approvals being requested at this time. If the Council approves the project, staff will process a Specific Plan amendment.
Parking
Section 9.58.040 of the CCMC allows the Planning Commission to establish parking requirements for uses not specifically mentioned in the Code. The parking requirements for car washes are not listed in the parking code. Typically, parking for this type of car wash would not be required. However, there will be employees for the pay station and operation of the facility. Therefore, three staff parking spaces are proposed with one being an ADA van accessible space. Additionally, a loading zone is proposed at the front of the site for maintenance vehicles.
Carwashes
Under Section 9.96.140 (Carwashes) of the Cathedral City Municipal Code (CCMC), the minimum distance between any two carwashes shall be two thousand five hundred feet and the minimum distance between a carwash and a residential zone shall be five hundred feet. The project does not meet these requirements. However, under Subsection C (Exceptions to Locational Standards), the Planning Commission or City Council may grant an exception to the separation standards if it can make the following findings:
1) The proposed use together with the proposed improvements on and off-site are properly designed to minimize impacts of noise, view, glare and traffic patterns;
2) There is an exhibited need for a carwash as proposed in the area and for the convenience of area residents;
3) There is not a proliferation of car washes in the area; and
4) The use will not conflict with the purposes of the specific plan or general plan for the area.
The primary concern of the Planning Commission was the proliferation of carwashes in the area. There are four existing carwashes within 2,500 feet of the proposed location; AM/PM (68500 Ramon Road), Union 76 (68855 Ramon Road), Circle K (68990 Ramon Road), and Valero (69123 Ramon Road). The applicant has provided a map of these locations and the approximate distance between each location (Attachment 16). Except for AM/PM, the three other carwashes were established prior to the adoption of Section 9.96.140.
Section 9.96.140 (Carwashes) was adopted by the City Council on March 15, 1989 (Ordinance 241). The ordinance was prepared at the request of the City Council, citing the need to address the location and development standards for carwashes and concerns over the proliferation of carwashes in the City. Subsequently, on June 7, 1989, the Council adopted an amendment to the Section (Ordinance 252), adding provisions to the locational criteria, thereby, permitting the Planning Commission, or City Council upon appeal, to approve exceptions to the locational standards.
COUNCIL FINDINGS:
Should the City Council wish to affirm the Planning Commission decision to deny Conditional Use Permit No. 17-013 and Tentative Parcel Map No. 17-013, it may do so based on the fact that the project does not meet the location standards for carwashes in relation to other carwashes and residential zones in Section 9.96.140, that the Council cannot make all of the findings required to approve an exception to those locational standards, and that the project’s driveway design in inconsistent with Specific Plan 88-31. In particular, there are four existing carwashes within 2,500 feet of the project site, which represents a proliferation of carwashes and there is no exhibited need for a fifth carwash in this area. As such, the Council would be justified in concluding that it cannot make the findings required to approve the conditional use permit or the tentative parcel map, as the site is not suitable for the type of development proposed.
Should the City Council wish to reverse the Planning Commission decision and approve Conditional Use Permit No. 17-013 and Tentative Parcel Map No. 17-013, it may do so only if the Council determines there is substantial evidence in the record, including evidence and testimony that may be presented to the City Council at the appeal hearing, to support the following findings:
APPROVAL OF AN EXEMPTION TO CEQA based on the finding that the project qualifies as Categorically Exempt under Section No. 15332, Class 32 (In-Fill Development Projects) of the State CEQA Guidelines.
APPROVAL OF AN EXCEPTION TO THE LOCATIONAL STANDARDS OF SECTION 9.96.140(C) based on the following findings:
1) The proposed use together with the proposed improvements on and off-site are properly designed to minimize impacts of noise, view, glare and traffic patterns;
2) There is an exhibited need for a carwash as proposed in the area and for the convenience of area residents;
3) There is not a proliferation of car washes in the area; and
4) The use will not conflict with the purposes of the specific plan or general plan for the area.
APPROVAL OF CONDITIONAL USE PERMIT NO. 17-013, subject to the attached conditions of approval and based on the following findings:
1. The full service car wash, which is located at the northeast corner of Ramon Road and Avenida Ximino in the PCC (Planned Community Commercial) Zoning District and Specific Plan (SP) No. 88-31, is authorized as a conditional use per the City of Cathedral City Zoning Ordinance, Chapters 9.30 and 9.72;
2. The full service car wash is desirable for the development of the community in that it provides a needed service for local residents and businesses, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the PCC Zoning District and SP No. 88-31;
3. The site is adequate in size and shape to accommodate the full service car wash and has been reviewed, and specific conditions added, to ensure that the car wash is compatible with the existing or permitted future uses in the neighborhood;
4. The site for the proposed full service car wash relates properly to Ramon Road which is designed and improved to carry the type and quantity of traffic generated or to be generated by the car wash; and
6. The applicant agrees to comply with any and all the conditions imposed by the Planning Commission or City Council or be subject to a revocation hearing.
APPROVAL OF TENTATIVE PARCEL MAP NO. 37270, subject to the attached conditions of approval, and based on the following findings:
1. That the proposed land division is consistent with the General Plan, City Municipal Code and Specific Plan;
2. The site of the proposed land division is physically suitable for the type and density of development;
3. The design of the proposed land division and proposed improvements will not cause environmental damage or public health problems;
4. The design of the proposed land division and required improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed land division; and
5. In arriving at its decision, the City Council has considered all testimony, written and oral, submitted in relation to this proposal.
ENVIRONMENTAL ANALYSIS:
Staff has determined that the project meets all the conditions for a Categorical Exemption under Section 15332, Class 32 (In-Fill Development Projects) of the State CEQA Guidelines.
NOTE: The City of Cathedral City Planning Department is custodian of the documents or other material, which constitute the record of proceedings upon which this decision is based.
PUBLIC NOTIFICATION:
This project and the environmental determination were noticed in accordance with the City Municipal Code and CEQA.
FISCAL IMPACT:
There is no direct fiscal impact related to this action.
ATTACHMENTS:
Attachment No. 1 PC Meeting Agenda
Attachment No. 2 Planning Commission Staff Report
Attachment No. 3 Planning Commission Proposed Conditions of Approval
Attachment No. 4 Planning Commission Minutes
Attachment No. 5 Planning Commission Hearing Notice
Attachment No. 6 Site Plan
Attachment No. 7 Floor Plan
Attachment No. 8 Elevations
Attachment No. 9 Landscape Plan
Attachment No. 10 City Council Hearing Notice
Attachment No. 11 Specific Plan No. 88-31
Attachment No. 12 Airport Land Use Commission (ALUC) Review Letter
Attachment No. 13 Section 9.96.140 Carwashes
Attachment No. 14 Resident Letter
Attachment No. 15 Applicant Appeal Letter
Attachment No. 16 Map of Existing Carwashes