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HomeMy WebLinkAboutRes No 2783PLANNING COMMISSION RESOLUTION NO. 2783 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 20- 0009 AMENDING CONDITIONAL USE PERMIT 17-0015 TO EXPAND AN EXISTING RETAIL CANNABIS BUSINESS WITH LIMITED MANUFACTURING LOCATED AT 78010 COUNTRY CLUB DRIVE; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: CUP 20-0009 (CUP 17-0015) WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of November 2020, hold a duly noticed public hearing to consider the request by Healing of the Nation (H.O.T.N.) Club for approval of the above -noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of August 2018, adopt Resolution No. 2731, approving H.O.T.N. to operate a retail cannabis business with limited manufacturing at the address listed above; and WHEREAS, the City Council of the City of Palm Desert adopted Ordinance No. 1329, allowing commercial cannabis businesses, including retail dispensaries, within the City; and WHEREAS, Ordinance No. 1329 established comprehensive regulations for commercial cannabis businesses, including standards for business operations, and permit requirements; and WHEREAS, the Palm Desert Municipal Code (PDMC) requires that the expansion of a Conditional Use Permit (CUP) requires a new public hearing; and WHEREAS, the applicant has submitted a CUP application to expand the existing retail cannabis business with limited manufacturing and provided all the required information, which includes a business plan, security plan, neighborhood and community outreach plans, and background information, in accordance with the City's commercial cannabis business requirements; and WHEREAS, the location of the retail cannabis business is located in the City's Planned Commercial (PC) zoning district and, meets the City's separation and distance requirements, is permitted subject to the approval of a CUP and Cannabis Regulatory Permit; and WHEREAS, the applicant has demonstrated compliance with the City's 1000-square- foot separation requirements from schools, daycares, and youth centers; and WHEREAS, nuisance issues, including, but not limited to, odor and security, are mitigated in accordance with the City's cannabis regulations, and the project is conditioned to respond to any issues immediately or be subject to revocation of said cannabis regulatory permit; and WHEREAS, the project complies with the goals and policies contained in the City's General Plan that promote a diverse, growing, and resilient local economy; and PLANNING COMMISSION RESOLUTION NO. 2783 WHEREAS, pursuant to section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (California Code Regulations, Title 14, § 15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA Guidelines, the City is the lead agency for the proposed project; and WHEREAS, as the lead agency, the City has reviewed the proposed project and determined that, as the business is locating and expanding in an existing developed building and site, that the project is exempt under Section 15301, Class 1 "Existing Facilities" of the CEQA and that the Planning Commission can adopt a Notice of Exemption of environmental review; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the proposed retail cannabis business; and WHEREAS, all of the findings and conclusions made by the City pursuant to this Resolution are based upon the oral and written evidence before it as a whole; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did make the following findings to justify the approval of said request: WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: SECTION 1. Recitals. The Planning Commission of the City of Palm Desert hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Compliance with the CEQA. As the approving authority for the project, the Planning Commission has reviewed and considered the information contained in the application and administrative record on file with the City and available for review at 73510 Fred Waring Drive, Palm Desert, California. The Planning Commission finds that a Notice of Exemption can be adopted in compliance with the CEQA guidelines (Public Resources Code § 21000 et seq. "CEQA"). SECTION 3. Findings on Conditional Use Permit. In approving this project, the Planning Commission makes the following findings in accordance with PDMC Section 25.72.050: That the proposed location of the conditional use is in accordance with the objectives of this title and the purpose of the district in which the site is located. The purpose of the PC zoning district is to provide flexibility for a mix of uses, including retail, medical, and other commercial and residential operations and allows commercial cannabis businesses to be considered through a CUP. The PC zoning district further provides convenient shopping opportunities outside of the downtown core area. The proposal to expand an existing retail dispensary cannabis business at this location complies with the City's goals and the objectives 2 PLANNING COMMISSION RESOLUTION NO. 2783 of the zoning designation, the City's "Commercial Cannabis Business and Personal Cultivation, "and the "Commercial Cannabis Business Regulatory Permit" ordinances by providing a detailed business plan, security plan, odor control plan, neighborhood and community outreach plans, and background check information. The conditional allowance of this use at this site complies with the objectives and purpose of the PC zoning district and exceeds the minimum separation requirements established in cannabis ordinances. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. Voters of the State of California did in November 2016, vote and approve Proposition 64 — the Control, Regulate and Tax Adult Use of Marijuana Act (A LIMA), to allow the adult use of cannabis subject to local ordinances. The City of Palm Desert, in response to the voter -approved law, established a committee to evaluate cannabis business potential in the City and found that cannabis businesses are compatible with other general retail uses subject to conditions to mitigate nuisances, such as odor and security. As designed, and as conditioned, the expansion of a retail cannabis business at this location will not be detrimental to the public health, safety, or welfare, as the use is designed to include on -site security personnel, video surveillance, a UV filtration, negative air pressure, and charcoal air filters, to mitigate security and odor nuisance concerns. The applicant has operated the facility since 2018 and no complaints regarding security or odor have been placed to the City. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The proposed expansion of use complies with the development and use standards of the PC zoning district, and the requirements listed in the City's comprehensive cannabis regulation. No adjustments of variances are proposed for this use. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's General Plan. The proposed expansion of retail cannabis use complies with goals and objectives of the City's General Plan, including Goals listed in Chapter 3 of the Land Use and Community Character chapter, including Goals: 5.1, 5.3, 8.1, and Chapter 10 Goal 1.1. In providing a retail space for the dispensing of cannabis, the applicant is complying with the goals and objectives of the City's General Plan. SECTION 5. Approval. The Planning Commission hereby approves the applied CUP and Cannabis Regulatory Permit applications for the project. SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City's office at 73510 Fred Waring Drive, Palm Desert, CA 92260. 3 PLANNING COMMISSION RESOLUTION NO. 2783 SECTION 7. Notice of Exemption. The Planning Commission approves the Project and directs staff to file a Notice of Determination with the County of Riverside and the State Clearinghouse within five (5) working days of any Project approval. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 17t' day of November 2020, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, and HOLT NOES: NONE ABSENT: PRADETTO ABSTAIN: NONE ATTEST: RYAN STEN ELL, SECRETARY PLANNING COMMISSION 1 1 M PLANNING COMMISSION RESOLUTION NO.2783 1 CONDITIONS OF APPROVAL CASE NO. CUP 20-0009 AMENDING CUP 17-0015 DEPARTMENT OF COMMUNITY DEVELOPMENT: The development of the property shall conform substantially with exhibits on file in the Department of Community Development, as modified by the following conditions. 2. The applicant agrees that in the event of any administrative, legal or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these project approvals for the retail use, or the project approvals themselves, the applicant and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. The applicant, at its sole expense shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to applicant's approval of counsel, which shall not be unreasonably denied, and at the applicant's sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the applicant and cooperate in the defense. The applicant, upon such notification, shall deposit sufficient funds in the judgment of City's Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both parties elect to defend, the parties hereby agree to affirmatively cooperate in defending the said action and to execute a joint defense and confidentiality agreement in order to share and protect information, under the joint defense privilege recognized under the applicable law. As part of the cooperation in defending an action, City and the applicant shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. Applicant and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third party litigation of project approvals without applicant's consent, which consent shall not be unreasonably withheld, conditioned or delayed unless applicant materially breaches this indemnification requirement. 3. In accepting this CUP and operating a business pursuant thereto, the applicant acknowledges that the regulation of the production, distribution, sale, and use of cannabis remains influx due to the relative novelty of these uses and conflicts with federal law. Applicant agrees that the applicant remains at risk and subject to all changes in federal, state, and Palm Desert regulations, including the possibility of the discontinuance of such uses or the imposition of additional requirements that render continuing operations infeasible, and does not gain a vested right to continue to operate in any particular manner, in any particular place, or at all. 4. All conditions listed in Resolution No. 2731 remain in effect and are not modified by this resolution. END OF CONDITIONS 5