Planning Commission - Regular Meeting

TWENTYNINE PALMS PLANNING COMMISSION MEETING AGENDA 6136 Adobe Road Twentynine Palms, CA 92277 www.29palms.org Tuesday, August 6, 2024 AGENDA 5:00 P.M. CALL TO ORDER Pledge of Allegiance. Roll Call. ANNOUNCEMENTS These proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link. PUBLIC COMMENTS This is the time for the public to address the Planning Commission on issues within the jurisdiction of the Commission that are NOT on this agenda. All comments are to be directed to the Chair of the Commission and shall not consist of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during their comments. There is a time limitation of three minutes per person. If you haven’t already done so, please fill out name and address slips and give them to the Planning Commission Secretary. The Planning Commission is prohibited by the Brown Act (State law) from taking action or discussing at length items not included on the printed agenda. Public comments on specific agenda items will be deferred until consideration of the item on the agenda. COMMISSION COMMENTS AND REPORTS OF MEETINGS ATTENDED CONSENT CALENDAR 1 Approval of the Planning Commission Meeting Minutes of July 16, 2024. 3-5 Planning Commission - Regular Meeting - 16 Jul 2024 - Minutes - Pdf ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION Page 1 of 15 PUBLIC HEARINGS 2 CUP23-000010 Family Dollar for the addition of a Type 20 Alcohol License 7 - 15 RECOMMENDATION: That the Planning Commission conduct the Public Hearing, consider public comment, find the project exempt from CEQA, adopt Planning Commission Resolution 24-__, and approve the Conditional Use Permit and a finding of Public Convenience or Necessity, subject the attached Conditions of Approval. CUP23-000010 Family Dollar for the addition of a Type 20 Alcohol License - Pdf DISCUSSION AND POTENTIAL ACTION ITEMS COMMUNITY DEVELOPMENT DIRECTOR UPDATES STUDY SESSION-NONE ADJOURNMENT It is the intention of the City of Twentynine Palms to comply with the Americans with Disabilities Act in all respects. If you are a person with a disability who requires a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, please request such modification or accommodation from the City Clerk at (760) 367- 4890 (facsimile). Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Please advise us at the time whether you will require accommodations to participate in meetings on a regular basis. Any person affected by any application on this agenda may submit their concerns in writing prior to the meeting or appear in person and be heard in support or opposition to the proposal at the time the matter is considered on the agenda. The staff reports, applications and environmental documents may be viewed at either the office of Community Development or the office of the City Clerk, 6136 Adobe Road, from 7:00 a.m. until 6:00 p.m. Monday through Thursday, except legal holidays. The Invocation is given per Policy 10-01, and does not reflect the views of the City but rather is an expression of speech by a private citizen making the presentation. Telephone inquiries may be made at (760) 367-6799. If you challenge any agenda issue in court, you may be limited to raising only those issues that you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of Twentynine Palms at, or prior to, the public meeting. This notice of agenda is hereby certified to have been posted on or before 5:00 p.m., July 31, 2024. Cindy Villescas CMC, City Clerk Time/Date Page 2 of 15  TWENTYNINE PALMS PLANNING COMMISSION Regular Meeting City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 www.29palms.org July 16, 2024 Minutes CALL TO ORDER-Chair Walker called the meeting to order at 5:00 p.m. Pledge of Allegiance-Chair Walker led the Pledge of Allegiance. Roll Call-The following Commissioners were present: Garcia, Krushat, Paahana, Cure, and Walker. ANNOUNCEMENTS Chair Walker announced these proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link. PUBLIC COMMENTS Douglas Walters, Twentynine Palms, expressed his concerns regarding the recent flooding and the damage caused. COMMISSION COMMENTS AND REPORTS OF MEETINGS ATTENDED Commissioner Paahana did not attend any outside meetings. She expressed how devastating the flood damaged homes in the community and for the damage it has caused. Vice Chair Cure did not attend any outside meetings. She is excited about what is happening at the Historical Plaza. Chair Walker attended the 4th of July celebration event that Parks and Recreation held and is helping Theatre 29 Youth Program. He encourages the community to come out and watch some shows. CONSENT CALENDAR 1. Approval of the Planning Commission Meeting Minutes of May 21, 2024. ACTION: A motion was made by Commissioner Paahana, seconded by Commissioner Krushat to approve the Consent Calendar as submitted. For the record Vice Chair Cure abstained from voting because she was absent for the meeting. The above motion was carried by the following: ROLL CALL VOTE: Ayes: Garcia, Krushat, Paahana, Walker Noes: NONE Abstain: Cure Absent: NONE ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION-NONE Page 1 of 3 Page 3 of 15  Planning Commission - Regular Meeting July 16, 2024 PUBLIC HEARINGS 2. Development Code Amendment, Article 4 Site Development Regulations Part 2 RECOMMENDATION: That the Planning Commission find the amendment exempt from CEQA and adopt the Planning Commission Resolution 24-10, forwarding a recommendation to the City Council for approval of the Development Code Amendment. Community Development Director Gardner (Director Gardner) presented the staff report to the Commission. Director Gardner stated that staff wanted to make some corrections to the lighting and noise ordinance. The Commission had a discussion regarding the item and changes made by staff. Chair Walker opened the Public Hearing. Brenda Calvillo, Twentynine Palms, spoke in opposition of the item. She spoke about concerns she has with light pollution and thanks the City for addressing these concerns with the lighting ordinance. Ronni Tiare, Twentynine Palms, spoke in opposition and requested to be recorded. She agreed with the ordinance for trash enclosures, wanted more clarity on non-confirming lights, noise pollution, and needing more enforcement. Susan Peplow, Joshua Tree, commented on the lighting standards and noise control table. Chair Walker closed the Public Hearing. The Commission had a discussion with staff to provide clarity on how to measure wattage and light trespass violation. Assistant Planner Olsen provided clarification on why lumen and foot candle should be changed to wattage and that light trespass is a code violation. The Commission agreed to move forward with staff modifications as follows: a. changing lumen to wattage found in Chapter 19.71.030 letter C. b. foot candles changed to wattage. c. noise control be consistent with language. d. to modify the noise table to reference the text. e. updating trash enclosure ordinance to follow state law. ACTION: A motion was made by Commissioner Krushat, seconded by Commissioner Paahana to approve the code amendment with staff modifications, find the amendment exempt from CEQA and adopt Planning Commission Resolution 24-10, forwarding a recommendation to the City Council for approval of the Development Code Amendment. The above motion was carried by the following: ROLL CALL VOTE: Ayes: Garcia, Krushat, Paahana, Cure, Walker Noes: NONE Abstain: NONE Absent: NONE Page 2 of 3 Page 4 of 15  Planning Commission - Regular Meeting July 16, 2024 DISCUSSION AND POTENTIAL ACTION ITEMS-NONE COMMUNITY DEVELOPMENT DIRECTOR UPDATES Director Gardner appreciates Public Works for the hard work they are doing to provide clean-up services from the flooding. Chair Walker asks if there are any updates on Oasis Car Wash. Director Gardner states they are waiting on their encroachment permit from CalTrans. STUDY SESSION-NONE ADJOURNMENT-Chair Walker adjourned the meeting at 5:30 p.m. Respectfully Submitted, Katrina Bennett, Office Assistant and PAAC Secretary Page 3 of 3 Page 5 of 15 Page 6 of 15  STAFF REPORT TO: Planning Commission FROM: Planning Technician FOR MEETING: Aug 06 2024 SUBJECT: CUP23-000010 Family Dollar for the addition of a Type 20 Alcohol License RECOMMENDATION: RECOMMENDATION: That the Planning Commission conduct the Public Hearing, consider public comment, find the project exempt from CEQA, adopt Planning Commission Resolution 24-__, and approve the Conditional Use Permit and a finding of Public Convenience or Necessity, subject the the attached Conditions of Approval. ORDER OF PROCEDURE: ATTACHMENTS: Request Staff Report Commission Questions of Staff • Planning Commission Open the Public Hearing Resolution - Family Dollar Receive Public Comment Close the Public Hearing Commission Discussion • Conditions of Approval - Motion/ Second Family Dollar Discussion on Motion Call the Question • FLOOR PLAN - Family Dollar BACKGROUND: On August 29, 2023, the Planning Division received an application from Decisions Consulting, on behalf of Family Dollar requesting approval of a Conditional Use Permit and finding of Public Convenience or Necessity, to add the sale of alcohol to the business operation. Family Dollar has applied for a Type 20 Off-Sale Beer and Wine License, which "authorizes the sale of beer and wine for consumption off premises where sold. Minors are allowed". The building is approximately 8,059 square feet and the applicant proposes to use 70 square feet of floor area for alcohol display and sales. The project is located at 6355 Adobe Road and also identified as APN: 0623-011-02. Liquor License allowances are based upon an established CA Department of Alcohol Beverage Control (ABC) formula relating census tract population counts to the number of approved licenses within the tract. This formula is to prevent an over-concentration of licenses within defined areas. The project is located in Census Tract No. 104.33. Data from ABC states that three (3) licenses are allowed within this census tract and there are currently three (3) existing licenses. Therefore, the City must make a finding of Public Convenience or Necessity before ABC can issue a license. Given that Twentynine Palms is a Page 7 of 15 small city, most establishments that sell alcohol are concentrated along the two main arterials, Highway 62 and Adobe Road. It is not unusual to have a concentration of such establishments given this geography. Development Code Consideration The subject property is zoned Downtown General (DG). The DG zoning district is inspired by, and consistent with Twentynine Palms most prevalent suburban-style car-centric commercial development. The district permits the widest range of development types. The Development Code identifies alcohol related use as a Special Regulated Use, which requires the approval of a Conditional Use Permit. General Consideration In reviewing any new project, the Commission must consider the request in relation to the adopted General Plan. This project is found to be consistent with the following Goals and Policies. Goal LU-2 Protect existing neighborhoods and the areas natural surrounding by encouraging development that is compatible with the City's small-town character. Goal LU-6 Promote development of a well-balanced community that can adequately meet the needs of future residents and promotes economic development. Goal LU-10 Promote a high quality of life for Twentynine Palms residents by developing and sustaining a strong and diverse local economy. Prior to approving a Conditional Use Permit, the Planning Commission must make the following findings: A. That the proposed design and location of the conditional use and the conditions under which it will be operated are in accordance with the purpose of this Development Code, the zoning regulations applicable to the site, the City of Twentynine Palms General Plan, and other applicable development policies and standards of the City. The proposal is for the addition of alcohol sales in an existing retail location and includes a finding of Public Convenience or Necessity. The proposed use is allowed in the Downtown General (DG) zoning district subject to the approval of a Conditional Use Permit. B. That the proposed design and location of the use, and the conditions under which it will be operated will not be detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity. The applicant is requesting approval to add alcohol sales to an existing retail location. The project, as conditioned, will not be detrimental to the public health, safety,orwelfare. C. That the proposed site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity. Theproposed location is an approximately 8,059 square foot commercial structure and the applicant proposed to use approximately 70 square feet of floor area for the display of alcohol. The proposed commercial structure is adequate in size to accommodate the proposed use. ENVIRONMENTAL: The project is exempt from environmental review pursuant to Section 15301, Existing Facilities of the California Environmental Quality Act (CEQA). Page 8 of 15 ALTERNATIVES: 1. Request additional information from staff and continue the hearing to a date certain. 2. Deny the Conditional Use Permit. FISCAL IMPACT: None Page 9 of 15  CITY OF TWENTYNINE PALMS PLANNING COMMISSION RESOLUTION NO. 24-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, APPROVING CUP23-000010, A CONDITIONAL USE PERMIT FOR THE ADDITION OF ALCOHOL SALES TO A PREVIOUSLY APPROVED COMMERCIAL PROJECT, AND A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE, LOCATED AT 6355 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 WHEREAS, on August 29, 2023, an application was received from Decisions Consulting, on behalf of Family Dollar requesting approval of a Conditional Use Permit and a finding of Public Convenience or Necessity for the addition of alcohol sales at an existing retail store located at 6355 Adobe Road, Twentynine Palms, CA 92277, also identified as APN: 0623- 011-02; and WHEREAS, the land use designation (zoning) for the subject property is currently Downtown General (DG); and WHEREAS, a retail store offering alcoholic beverage sales for off-site consumption is a permitted land use within the Downtown General zone with approval of a Conditional Use Permit and a finding of Public Convenience or Necessity with the appropriate ABC license; and WHEREAS, Pursuant to Section 15301, Existing Facilities, of the CEQA Guidelines, the project does not have the potential to have an adverse impact upon the environment and is, therefore, Categorically Exempt from further environmental review; and WHEREAS, the Planning Commission finds on the basis of the whole record before it (including the review of CEQA requirements and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that this determination reflects the Planning Commission’s independent judgment and analysis: and WHEREAS, the project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations, with adherence to the recommended Conditions of Approval; and WHEREAS, the site can be adequately served by all required utilities and public services; and Page 10 of 15  WHEREAS, Public Hearing notice for CUP23-000010, a Conditional Use Permit and a finding of Public Convenience or Necessity was published in the Desert Trail, a newspaper of record, on July 24, 2024; and WHEREAS, a notice was mailed to all property owners located within 300 feet of the project site on or before July 24, 2024; and WHEREAS, a Public Hearing was held by the Planning Commission on August 6, 2024, at which time the Commission adopted Planning Commission Resolution No 24-XX approving CUP23-000010, a Conditional Use Permit and a finding Public Convenience or Necessity to allow a Type 20 Off-Sale Beer and Wine license at 6355 Adobe Road, APN: 0623-011-02; and WHEREAS, with respect to the Conditional Use Permit and Letter of Public Convenience or Necessity application, the Planning Commission makes the following Findings: A. That the proposed design and location of the conditional use and the conditions under which it will be operated are in accordance with the purpose of this Development Code, the zoning regulations applicable to the site, the City of Twentynine Palms General Plan, and other applicable development policies and standards of the City. The proposal is for the addition of alcohol sales in an existing retail location and includes a finding of Public Convenience or Necessity. The proposed use is allowed in the Downtown General (DG) zoning district subject to the approval of a Conditional Use Permit. B. That the proposed design and location of the use, and the conditions under which it will be operated will not be detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity. The applicant is requesting approval to add alcohol sales to an existing retail location. The project, as conditioned, will not be detrimental to the public health, safety, or welfare. C. That the proposed site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity. The proposed location is an approximately 8,059 square foot commercial structure and the applicant proposed to use approximately 70 square feet of floor area for the display of alcohol. The proposed commercial structure is adequate in size to accommodate the proposed use. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Twentynine Palms adopts Planning Commission Resolution No. 24-XX and in so doing determines that the project is exempt from further environmental review, approves the Conditional Use Permit and a finding of Public Convenience or Necessity to establish an allowance for 2 Page 11 of 15 alcoholic beverage sale, upon the completion of an application to the Department of Alcohol Beverage Control (ABC) for a Type 20 Off-Sale Beer and Wine license, at 6355 Adobe Road, Twentynine Palms, CA 92277; DG Zone; APN 0623-011-02, subject to the attached Conditions of Approval, incorporated herein by reference. APPROVED AND ADOPTED THIS 6th day of August, 2024. AYES: COMMISSIONER: NOES: COMMISSIONER: ABSENT: COMMISSIONER: ABSTAIN: COMMISSIONER: Max Walker, Chair ATTEST: Cindy Villescas CMC, City Clerk I hereby certify that the foregoing is a true copy of Planning Commission Resolution No. 24- XX, duly adopted by the Planning Commission of the City of Twentynine Palms in a meeting held on the 6th day of August, 2024, in the City of Twentynine Palms, California. Dated this 6th day of August, 2024. Cindy Villescas CMC, City Clerk 3 Page 12 of 15  Attachment “A” CITY OF TWENTYNINE PALMS CONDITIONAL USE PERMIT DRAFT CONDITIONS OF APPROVAL CUP23-000010 PC Resolution No. 24-XX Applicant: Decisions Consulting on behalf of Family Dollar CONDITIONS OF APPROVAL Conditional approval is granted by the Planning Commission, acting as the Approval Authority, for the addition of a Type 20 Alcohol License for off-premises beer and wine sales at an existing retail store located at 6355 Adobe Road and also identified as APN: 0623-011-02. This Conditional Use Permit shall be null and void if corresponding appropriate ABC License is not received by the City by February 6, 2025. Additionally, if the ABC License is revoked or suspended the CUP shall become null and void. Extensions of time may be granted by the Community Development Director, in conformance with the City of Twentynine Palms Development Code. The applicant is responsible for the initiation of an extension request. Approval Date: August 6, 2024 GENERAL G1. All conditions are continuing conditions. Failure of the applicant and/or operator to comply with any of the said Conditions at any time may result in the revocation of the Conditional Use Permit and/or citation for code violation. G2. The applicant and applicant’s successor in interest shall be responsible for payment of all applicable fees, including reimbursement for all city expenses in ensuing compliance with the Conditions of Approval. G3. The applicant shall provide a signed copy of the Conditions of Approval to the Planning Division within ten (10) days of approval. G4. The applicant shall, at its sole cost and expense, indemnify, defend (with counsel selected by the City), release, and hold harmless the City and any agency or instrumentality thereof, including any of its officers, employees, commissions, and agents (hereinafter the “Indemnities”), from and against any and all claims, actions, or proceedings, of any type or nature, arising out of or in any way relating to the processing and/or approval of this Project. The obligations set forth in this Condition shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted by any person or entity against the Indemnitees, arising out of or relating to the processing or approval of this Project, without regard to any allegations of Page 13 of 15  fault on the part of the Indemnities. In the event the obligation to defend or indemnify the Indemnitees as set forth herein should arise, upon demand by the Community Development Director the applicant shall within 10 calendar days, deposit an amount with the City which the Community Development Director reasonably deems necessary to secure such obligation. This deposit may be used by City to pay the defense or indemnification obligations arising hereunder; and, further, should any such amounts be utilized by the City the deposit shall be replenished by the applicant within 10 calendar days of any demand by the Community Development Director to do so. The amount of the deposit required hereunder may be increased or decreased at any time by the Community Development Director, in his discretion, based upon his determination as to the funds reasonably necessary at any given time to ensure compliance with the obligations hereof, and any demand to increase the deposit shall be complied with within 10 calendar days. Any amounts deposited and ultimately not utilized shall be returned to the applicant. G5. The Applicant shall ascertain and comply with requirements of all Federal, State, County and Local agencies as are applicable to the proposed project. G6. The applicant is required to obtain and maintain a current City of Twentynine Palms Business License. PLANNING P1. The property owner/applicant shall keep the property neat, clean, and in good physical condition including open spaces, sidewalks, lighting, driveways, parking areas, and landscaping. P2. All outdoor lighting shall conform to Development Code Chapter 19.78 (Lighting Standards) and shall be designed to not glare or reflect onto neighboring properties or public rights-of-way. Outdoor lighting shall be shielded and limited to that required for security and safety purposes. P3. Applicant shall provide a copy of the Department of Alcohol Beverage Control (ABC) License prior to February 6, 2025. The undersigned verifies that he/she has read the Conditions of Approval, understands each Condition, and agrees to adhere to the Conditions of Approval. Applicant Signature Applicant Name Date Page 14 of 15  Location of beer sales area- Approximately 30 square feet-10 feet wide by 3 feet deep Location of wine sales area- Approximately 40 square feet-4 feet tall by 1 foot deep 3' OTP TALL (86") TOBACCO · · · · · · · · · · · STORE PROJECT TOTAL SALES USABLE EXTERIOR AA CEILING AGS RISK SECTION DRAWN PROJECT MERCHANDISE REVISIONS LOCATION FORMAT START DATE INTERIOR SQ FT STOCK SQ FT HAIR AA HISPANIC (CRM DATE PLAN L.PERRY - REMOVED LOCAL CHIPS NUMBER NUMBER SQ FT SQ FT HEIGHT SCORE) CLASS COUNT BY MANAGER CARE 500 VOLVO PKWY I CHESAPEAKE, VA 23320 PER REQUEST; EXPANDED CHIPS 4' (SEE BUBBLES) - JAN242023 Page 15 of 15 FC PROJ TWENTYNINE URBAN XXX CONFIDENTIAL - FAMILY DOLLAR USE ONLY 10947 XXXXXX PALMS, CA H2.5 X/X/2023 8059 6846 709 8484 TBD TBD TBD 10'-0" XXX TBD XX EC P. JAMES N/A 10/13/2023 30947