HomeMy WebLinkAboutRes No 2819 PLANNING COMMISSION RESOLUTION NO. 2819
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND
APPROVING A CONDITIONAL USE PERMIT (CUP) AMENDMENT TO ADD
A DISTRIBUTION LICENSE WITHIN AN EXISTING 2,100-SQUARE-FOOT
RETAIL CANNABIS BUSINESS LOCATED AT 73345 HIGHWAY 111, SUITE
205
CASE NO. CUP 17-0006 Amendment No. 1
WHEREAS, on the 17th day of July 2018, the Planning Commission of the City of Palm
Desert did adopt Resolution No. 2726 for CUP 17-0006 to allow a retail cannabis business
located at 73-345 Highway 111; and
WHEREAS, Lakeavia King ("Applicant") submitted a CUP amendment application to
add a distribution license to the existing retail cannabis business located at 73345 Highway
111, Suite 205 ("Project"); 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, the proposed Project is consistent with the development density and use
characteristics considered by the Palm Desert General Plan in the City Center/Downtown;
and
WHEREAS, the proposed Project conforms to the General Plan land use designation
of the City Center/Downtown and development standards listed in the City's Zoning
Ordinance for the Downtown (D) zoning district; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the
State CEQA Guidelines (Cal. Code Regs., tit. 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, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of CEQA" Resolution No. 2019-41 and has determined
that the project will not have a significant impact on the environment and that the Project is
categorically exempt under Article 19, Section 15301 Existing Facilities (Class 1) of the CEQA
Guidelines, as outlined in the staff report and the project is not subject to any of the exceptions
for categorical exemptions identified in CEQA Guidelines Section 15300.2; therefore, no
further environmental review is necessary; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of October 2022, hold a duly noticed public hearing to consider the request for
approval of the above-noted Project request; 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
PLANNING COMMISSION RESOLUTION NO. 2819
did find the following facts and reasons, which are outlined in the staff report, exist to justify
approval of said request:
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct and are incorporated herein as substantive findings of this
Resolution.
Findings of Approval:
Under Palm Desert Municipal Code (PDMC) 25.72.050 (F), the following findings are required
before granting a conditional use permit:
1. That the proposed location of the conditional use is in accord with the objectives of
this title and the purpose of the district in which the site is located.
The proposed location is zoned Downtown (D) and allows cannabis uses with the
approval of a CUP. The cannabis business is existing and was previously approved.
The proposal to expand an existing retail dispensary cannabis business at this location
complies with the City's goals and the objectives of the zoning designation, and 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 Downtown 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.
As designed, and as conditioned, the amendment of the 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, air filtration
system with odor control, and negative air pressure to mitigate security and odor
nuisance concerns. The Applicant has operated the facility since 2018 in good
standing with City requirements.
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 use will comply with the objective requirements of the zoning ordinance.
The site generally complies with the intent and purpose of the D zoning district, and
no modifications are proposed to the site. The site is served by adequate parking in
the form of a surface lot located at the rear of the site and street parking credited to
the parcel.
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PLANNING COMMISSION RESOLUTION NO. 2819
4. That the proposed conditional use complies with the goals, objectives, and policies of
the City's General Plan.
The project site has a General Plan land use designation of City Center/Downtown.
This land use designation is intended to provide for high-intensity mixed-use
development and uses, which include a variety of civic, cultural, entertainment, retail,
restaurant, and commercial services. The proposed use is a retail cannabis
dispensary, which is compatible with existing uses in the facility and envisioned by the
General Plan.
SECTION 2. Project Approvals. The Planning Commission hereby recommends
approval of CUP17-0006 Amendment No. 1, subject to Conditions of Approval attached as
"Exhibit A."
SECTION 3. 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. Richard D. Cannone, AICP, the Secretary
to the Palm Desert Planning Commission, is the custodian of the record of proceedings.
SECTION 4. Execution of Resolution. The Chairperson of the Planning Commission
signs this Resolution and the Secretary to the Commission shall attest and certify to the
passage and adoption thereof.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings for
approval of the Planning Commission in this case.
2. That the Planning Commission does hereby approve Case No. CUP17-0006
Amendment No. 1.
ADOPTED ON October 18, 2022.
AJ-
NANCY DE LU
CHAIRPERSON
ATTEST:
ICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2819
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that
Resolution No. 2819 is a full, true, and correct copy, and was duly adopted at a regular
meeting of the Planning Commission of the City of Palm Desert on October 18, 2022, by the
following vote:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set
,t\o set my hand and affixed the official seal of the City
of Palm Desert, California, on October ttT V 2022.
T�
IiICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2819
EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NO. CUP 17-0006 AMENDMENT NO. 1
PLANNING DIVISION:
1. The development of the property shall conform substantially with the approved exhibits
contained in CUP17-0006 on file in Development Services Department, as modified by
the following conditions.
2. All conditions listed in Resolution No. 2726 remain in effect and are not modified by this
Resolution.
3. 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 Project, or the Project Approvals themselves,
the developer and City each shall have the right, in their sole discretion, to elect whether
or not to defend such action. developer, 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 the developer's
approval of counsel, which shall not be unreasonably denied, and at the developer's sole
expense. If the City is aware of such an action or proceeding, it shall promptly notify the
developer and cooperate in the defense. The developer upon such notification shall
deposit with the City sufficient funds in the judgment of the City 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 said action and to execute a joint
defense and confidentiality agreement in order to share and protect the information under
the joint defense privilege recognized under applicable law. As part of the cooperation in
defending an action, City and developer shall coordinate their defense in order to make
the most efficient use of legal counsel and to share and protect information. The
developer 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 the
developer's consent, which consent shall not be unreasonably withheld, conditioned, or
delayed unless the developer materially breaches this indemnification requirement.
4. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein, which are in addition to the approved development standards
listed in the PDMC, and state and federal statutes now in force or which hereafter may
be in force.
5. The CUP shall expire if construction of the said project shall not commence within two
years from the date of final approval unless an extension of time is granted by the Palm
Desert Planning Commission; otherwise, said approval shall become null, void, and of
no effect whatsoever.
6. The approved CUP may only be modified with City approval under PDMC Chapter
25.72.050.
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PLANNING COMMISSION RESOLUTION NO. 2819
7. The Applicant shall execute a written acknowledgment to the Planning Division stating
acceptance of and compliance with all the Conditions of Approval of Resolution No. 2819
for CUP17-0006 Amendment No. 1 and that the plans submitted comply with the
Conditions of Approval. No modifications shall be made to said plans without written
approval from the appropriate decision-making body.
8. Use shall commence within two years from the date of final approval unless an extension
of time is granted; otherwise, said approval shall become null, void, and of no effect
whatsoever.
9. Prior to the issuance of a building permit for the construction of any use or structure
contemplated by this approval, the Applicant shall first obtain permits and or clearance
from the following agencies:
• Fire Marshal
Evidence of said permit or clearance from the above agencies shall be presented to the
Building & Safety Division at the time of issuance of a building permit for the use
contemplated herewith.
10. The distribution area shall be limited to no more than 10 percent of the total floor area.
END OF CONDITIONS OF APPROVAL
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