HomeMy WebLinkAboutRes No 2850I
I
I
PLANNING COMMISSION RESOLUTION NO. 2850
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, MODIFYING CONDITIONAL USE PERMIT NO. 17-
0030 WHICH ORI GI NALLY ALLOWED A MANUFACTURING, AND
DISTRIBUTION CANNABIS BUSINESS ON THE PROPERTY LOCATED AT
77-700 ENFIELD LANE TO REMOVE MANUFACTURING AND ONLY
ALLOW CANNABIS DISTRIBUTION
CASE NO. CUP17-0030 MODIFICATION
WHEREAS, the City of Palm Desert has gathered a significant amount of evidence
regarding the subject establishment's repeated violations of the terms and conditions of CUP
17-0030, as well as violations of various provisions of the City of Palm Desert's Municipal
Code ("PDMC") and other provisions of law, as presented to the Planning Commission in the
administrative record, including but not limited to, staff and public testimony, and other
evidence as referenced in this resolution as if fully set forth herein; and
WHEREAS, pursuant to California Constitution Article XI, § 7, the state Zoning and
Planning Law (Government Code section 65800-65907), and Chapter 25.72.050 of the
PDMC, the City of Palm Desert, through the City of Palm Desert Planning Commission is
authorized to hear, approve, deny or revoke conditional use permits ("CUP") that the Planning
Commission has previously granted; and
WHEREAS, on September 18th , 2018, the City of Palm Desert Planning Commission
adopted Resolution No. 2738, making findings and approving CUP 17-0030 to operate a
Cannabis Manufacturing, Deliver and Distribution business with twenty-five (25) conditions of
approval at 77-700 Enfield Lane, Palm Desert, California (the "Property"); and
WHEREAS, on November 15th , 2018, the City Council of the City of Palm Desert
denied an appeal and upheld the Planning Commission approval of the CUP; and
WHEREAS, on April 4, 2019, the California Department of Cannabis Control ("DCC")
issued a Manufacturer Type N (License. No. CDPH-10002506) to P&S Ventures at the
subject property; and
WHEREAS, on June 18, 2019, the California Department of Cannabis Control ("DCC")
issued a Distributor (License. No. C11-0000402-LIC) to P&S Ventures at the subject property;
and
WHEREAS, on January 12, 2021, the City of Palm Desert issued a business license
(License No. BLIC2019-0044) to P&S Ventures LLC at Enfield Lane, Suite B for a Cannabis
Distribution Business, consistent with the approved CUP; and
WHEREAS, P&S Ventures did not renew the City business license No. BLIC2019-
0044, and on January 31, 2022, the license expired; and
WHEREAS, on February 1, 2023, the City of Palm Desert issued a business license
(License No. 13705488) to P&S Ventures at 77700 Enfield Lane, Suite A1-B2 for a Cannabis
Manufacturing Business, consistent with CUP17-0030; and
PLANNING COMMISSION RESOLUTION NO. 2850
WHERAS, on November 28, 2023, the City of Palm Desert conducted a cannabis
regulatory inspection of the business and premises located at 77700 Enfield Lane Suites A
to C and observed unpermitted structural, mechanical, electrical, and plumbing system
alterations, floor layout alterations, and egress layout changes ("unpermitted alterations"),
which pose a risk to the life, health, and safety of the public; and
WHEREAS, on December 5, 2023, the City of Palm Desert Building Official issued a
Certificate of Occupancy Revocation to P&S Ventures listing the violations and unpermitted
construction and alterations for the spaces located at 77700 Enfield Lane Suites A to C as
violations of PDMC § 15.02.010 in accordance with California Building Code §111.4; and
WHEREAS, on December 7, 2023, the City of Palm Desert issued an Order to Abate
Public Nuisance to P&S Ventures based on the unpermitted alterations to the suite, deeming
said alterations to be public nuisance, and outlined corrective action required by P&S
Ventures; and
WHERAS, on December 19, 2023, the City of Palm Desert City Manager suspended
the Business License (Business License Suspension) pursuant to PDMC § 5.04.160(C) to
preserve the peace, health, safety and/or general welfare of the City and providing a cease
and desist letter which demanded P&S Ventures cease all business activities and which
outlined various violations, including violation of fifteen (15) conditions of approval of Planning
Commission Resolution No. 2738, failure to abide by the requirements of its cannabis
regulatory permit, and unpaid cannabis taxes to the City of Palm Desert and State of
California; and
WHEREAS, the Business License Suspension letter provided required corrective
actions with specified dates of compliance by P&S Ventures, however, P&S Ventures failed
to meet; and
WHERAS, pursuant to Palm Desert Municipal Code ("PDMC) § 25.72.050(J) the Palm
Desert Planning Commission is authorized to make findings to modify, discontinue, suspend,
or revoke any CUP issued pursuant to Title 25 of the PDMC; and
WHEREAS, on December 22, 2023, the City of Palm Desert provided P&S Ventures
written notice of a hearing to consider revocation of CUP17-0030 scheduled for January 4,
2024, at 6:00 p.m. with the Planning Commission in the City of Palm Desert Council Chamber
located at 73510 Fred Waring Drive, Palm Desert, was provided to P&S Ventures; and
WHEREAS, the on December 29, 2023, P&S Ventures voluntarily submitted a letter
to the Planning Commission requesting that they modify their existing CUP to remove the
manufacturing business, surrender their State License for Type N Manufacturer, modify the
floor plan to show no manufacturing areas, and remediate all issues previously identified
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the January 4, 2024, hold a duly noticed public hearing to consider the modification of CUP17-
0030; and
2
I
I
I
I
I
I
PLANNING COMMISSION RESOLUTION NO. 2850
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 in an existing developed building and site, that
the project is exempt under Section 15301, Class 1 "Existing Facilities" of CEQA and that the
Planning Commission can adopt a Notice of Exemption of environmental review; 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 find the following facts and reasons, which are outlined in the staff report, exist to justify
modification of CUP17-0030.
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.
SECTION 2. Supporting Evidence. The staff report and attachments and all the
information, evidence, and public testimony presented at the January 4, 2024, public hearing
are incorporated herein by reference (collectively, the "Supporting Evidence").
SECTION 3. Findings. Based on the Supporting Evidence presented to the Planning
Commission at the Public Hearing on January 4, 2024, including the staff report with
attachments and all information presented at the hearing in support of and in opposition to
the modification of the CUP17-0030 to remove cannabis manufacturing as an allowable use,
the Planning Commission make the following findings in accordance with Palm Desert
Municipal Code (PDMC) Section 25.72.050 and any of the findings therein to support
modification:
Finding 1) P&S Ventures has failed to comply with multiple provisions of the PDMC
including but not limited to the City's building, zoning, and health regulations.
Findings of Fact
A. P&S Ventures has conducted unpermitted alterations to the structural, mechanical,
electrical, and plumbing systems of the building. City staff has found that the building,
structure, or equipment used in the conduct of the business does not comply or fails
to meet any state law or City ordinance, including but not limited to any health zoning,
fire, and building and safety laws. As a result of these unpermitted alterations pursuant
to Palm Desert Municipal Code § 15.02.010 and in accordance with California
Building Code §111.4 the Certificate of Occupancy of the Building Space has been
revoked.
3
PLANNING COMMISSION RESOLUTION NO. 2850
B. Interior renovations (walls, electrical, mechanical) were completed without
obtaining permits as required by the California Building Code, and the Palm Desert I
Building Official has revoked the business' occupancy permit.
C. P&S Ventures has failed to comply with operation requirements of the Cannabis
Regulatory Permit pursuant to PDMC § 5.101.130 by showing that they utilize
product and inventory tracking software and accounting software that is in-line with
reasonable business practices within the cannabis industry, installation of an alarm
system that is operated and monitored by a third-part security company, displaying
an expired permit (PDMC § 5.101.170).
D. P&S Ventures has not paid any required cannabis taxes to the City of Palm Desert
(PDMC § 3.50.030).
E. P&S Ventures has not paid any required cannabis tax to the California Department
of Tax and Fee Administration (CDTFA, Rev. and Tax Code§ 34011 ).
F. The violations listed above (Items A through E) are contrary to the peace health,
safety and the general welfare of the public and create a public nuisance.
G. P&S Ventures has requested to modify the existing conditional use permit to
remove manufacturing and remediate all issues identified in Items A through E.
Finding 2) P&S Ventures has failed to comply with any condition imposed by the
conditional use permit;
Findings of Fact:
P&S Ventures has violated fifteen (15) conditions of approval of the Conditional Use Permit per
Resolution No. 2738 adopted on September 1 ath , 201 B: specifically, Conditions of approval nos.
1, 4, 5, 7, 8, 9, 10, 14, 17, 20, 21, 22, 23, 24, and 25. P&S Ventures has voluntarily requested to
modify the existing conditional use permit to remove manufacturing and comply with all current
conditions of approval and remediate all other violations.
A. Condition No. 1: The development of the property shall conform substantially
with exhibits on file with the Department of Development Services, as modified
by the following conditions.
The improvements of the facility do not conform to the preliminary approved exhibits
regarding the improvements and business operations. During the November 28, 2023,
cannabis regulatory inspection, City staff observed several unpermitted building
alterations at the business location including:
• The scope of suites used within the previous project has been changed without
an approved building permit.
• The electrical systems have been significantly altered without the appropriate
permits.
• The mechanical and ventilation systems have been significantly altered without
the appropriate permits.
• The plumbing systems have been altered without the appropriate permits.
• The floor layout, egress, and doors have been modified without the appropriate
permits.
4
I
I
I
I
I
PLANNING COMMISSION RESOLUTION NO. 2850
The preliminary exhibits for the operation showed the business occupying Suites A 1,
A2, B1, and B2 of the building located at 77700 Enfield Lane occupying approximately
11,000 square-feet of lease space including distribution warehouse area, kitchen,
packaging, extraction prep room and other areas located through the space. During
the inspection staff obseived that the business was occupying Suites B1 and B2. Suite
A1 was inaccessible or abandoned, and Suite A2 was occupied by a separate
business with no business license.
B. Condition No. 4: The cannabis manufacturing and distribution use is limited to
this location and the use described herein shall be subject to the restrictions
and limitations set forth herein which are in addition to the approved use
standards listed in the PDMC, and state statut~s now in force, or which hereafter
may be in force.
The Cannabis business has not operated in accordance with the preliminary approved
plans. P&S Ventures has conducted unpermitted alterations to the structural,
mechanical, electrical, and plumbing systems of the building. City staff has found that
the building, structure, or equipment used in the conduct of the business does not
comply or fails to meet any state law or City ordinance, including but not limited to any
health zoning, fire, and building and safety laws. As a result of these unpermitted
alterations pursuant to Palm Desert Municipal Code§ 15.02.010 and in accordance
with California Building Code §111.4 the Certificate of Occupancy of the Building
Space has been Revoked. Interior renovations (walls, electrical, mechanical) were
completed without obtaining permits as required by the California Building Code, and
the Palm Desert Building Official has revoked the business' occupancy permit. P&S
• Ventures has failed to comply with operation requirements of the Cannabis Regulatory
Permit pursuant to PDMC § 5.101.130 show that they utilize product and Inventory
tracking software and accounting software that ls In-line with reasonable business
practices within the cannabis Industry, installation of an alarm system that ls operated
and monitored by a third-part security company, displaying an expired permit (PDMC
§5.101.170),
C. Condition No. 5: Prior to issuance of a building permit for improvements and
use contemplated by this approval, the applicant shall first obtain permits and/or
clearance from the following agencies:
Coachella Valley Water District (CVWD)
Burrtec Waste Management
Fire Department
Evidence of said permit or clearance from the above agencies shall be presented
to the Department of Building & Safety at the time of Issuance of a building
permit for the use contemplated herewith.
P&S Venturess have not submitted sufficient plans or received of building permits for
tenant improvements. On November 28, 2023, a cannabis regulatory inspection was
conducted at 77700 Enfield Lane by City of Palm Desert Staff. During this inspection
City staff obseived unpermilted construction and alterations. Those alterations were
reviewed against record drawings and building permits on file for the suite. A previous
plan review was submitted for the business and suite (Plan Review #TIMP20-0046)
5
PLANNING COMMISSION RESOLUTION NO. 2850
however it did not match the preliminary plans, expired and was not completed. An
electrical permit (Plan Review #ELEC22-0017) was issued on March 3, 2022, and
completed in November 2, 2022 with a scope of work to add electrical subpanels to
Suite A 1, A2 and B 1. There are no records of any approved building permits that
corroborate the alterations observed. In the absence of any approved building permits
corroborating the alterations, the unpermitted construction is a violation of Palm Desert
Municipal Code §15.02.010 which regulates the construction, erection, enlargement,
alteration, repair, moving, removal, demolition, conversion, occupancy, equipment,
use and occupancy and maintenance of all buildings and/or structures in the City of
Palm Desert.
D. Condition No. 7: The premises shall be equipped with an odor absorbing
ventilation and exhaust system so that odors generated inside the cannabis
business is not detected outside of the business, anywhere on adjacent
properties, public right-of-way, or in any exterior or interior common areas or
tenant spaces. As such, the applicant shall install odor mitigation equipment in
accordance with the plans on file as part of this application, and to the
satisfaction of the Building Official. Should odor issues arise, the Development
Services Department may require additional odor control measures to be
employed. At a minimum the applicant shall install the following:
a. Air filtration system with odor control that prevents internal odors from
I
being emitted externally. I
b. Air systems that create negative air pressure between the cannabis
business and the exterior.
P&S Ventures does not have a valid building plan and approved permit with sufficient
detail to assess that they have complied with this condition of approval or have
sufficient ventilation for odor control.
E. Condition No. 8: Security features shall be installed within the tenant lease
spaces in accordance with the plans on file as part of this application. All
security features shall be installed and maintained as specified in the City's
Cannabis Regulatory Permit regulations.
Palm Desert Municipal Code Section 5.101.130(E)(1) and (E)(2) establish provisions
for the security plan including the installation and maintenance of security cameras
that cover all areas for manufacturing, processing, transportation, distribution and
windows and doors, and any other areas reasonably determined by the Planning
Commission. These cameras are required to operate 24-hours per day, seven days
per week. During the staff regulatory inspection on November 28, 2023, staff observed
that cameras were not provided which cover all minimum areas required by the City's
Regulatory Permit regulations.
F. Condition No. 9: The applicant is required to have on-site security personnel
during business hours. Security personnel shall be licensed with the State
Bureau of Security and Investigative Services.
6 I
I
I
I
PLANNING COMMISSION RESOLUTION NO. 2850
The applicant has not provided on-site security during business hours. No security was
observed during the November 28, 2023 City inspection which occurred during regular
business hours.
G. Condition No. 10: The applicant shall comply with all applicable provisions of
the PDMC Sections 5.101 (Commercial Cannabis Business Regulatory Permits),
8.38 (Personal Use of Cannabis), and 25.34.120 (Commercial Cannabis Business
and Personal Cultivation).
The business has not complied with security requirements of PDMC 5.101 or
submitted tenant improvement to comply with operational requirements of PDMC
5.101.130.
H. Condition No. 14; Any and all window and door security devices such as metal
bars, gates, and shutters, shall be installed within the interior of the building and
screened from public view.
The business has not complied with security requirements of PDMC 5.101 or
submitted building plans to demonstrate compliance.
I. Condition No. 17: The applicant shall construct a six (6)-foot-high block wall
along the western property line.
The City conducted a cannabis regulatory inspection on November 28, 2023 and did
not observe a 6-foot-high block wall along the western property line as conditioned
and instead observed a chain-link fence. There is no record of a building permit for a
block wall in this area.
J. Condition No. 20: This project shall comply with the latest adopted edition of the
following codes:
a. 2016 California Building Code and its appendices and standards.
b. 2016 California Plumbing Code and its appendices and standards.
c. 2016 California Mechanical Code and its appendices and standards.
d. 2016 California Electrical Code.
e. 2016 California Energy Code.
f. 2016 California Green Building Standards Code
g. 2016 California Administrative Code.
h. 2016 California Fire Code and its appendices and standards.
P&S Ventures did not submit final building plans to demonstrate compliance with this
condition.
K. Condition No. 21; Provide the following design data on the first sheet:
a. Occupancy group(s).
b. Type(s) of construction, including fire sprinklers CBC Section 107.2.
7
PLANNING COMMISSION RESOLUTION NO. 2850
P&S Ventures did not submit final building plans to demonstrate compliance with this
condition.
L. Condition No. 22: All contractors and subcontractors shall have a current City
of Palm Desert Business License prior to permit issuance per PDMC, Title 5.
P&S Ventures did not submit final building plans to demonstrate compliance with this
condition as no applications listing licensed contractors was provided.
M. Condition No. 23: All contractors and/or owner-builders must submit a valid
Certificate of Workers' Compensation Insurance coverage prior to the issuance
of a building permit per California Labor Code, Section 3700.
P&S Ventures did not submit a valid certificate of worker's compensation insurance
coverage and no building permit has been issued.
N. Condition No. 24: Address numerals shall comply with Palm Desert Ordinance
No. 1310 (Palm Desert Municipal Code 15.28. Compliance with Ordinance 1310
regarding street address location, dimension, a stroke of line, distance from the
street, height from grade, height from the street, etc. shall be shown on all
architectural building elevations in detail. Any possible obstructions, shadows,
lighting, landscaping, backgrounds or other reasons that may render the
I
building address unreadable shall be addressed during the plan review process. I
You may request a copy of Ordinance 1310 or Municipal Code Section 15.28
from the Department of Building and Safety counter staff.
P&S Ventures did not submit final building plans to demonstrate compliance with this
condition.
0. Condition No. 25: Please contact the Department of Building and Safety (760-
776-6420) regarding the addressing of all buildings and/or suites.
P&S Ventures did not submit final building plans to demonstrate compliance with this
condition.
Finding 3) P&S Ventures has allowed the existence of or created a public nuisance in
violation of the Palm Desert Municipal Code
A. Interior renovations (walls, electrical, plumbing, mechanical) were completed without
obtaining building permits as required by the California Building Code, and the as a
result the Certificate of Occupancy of the Building Space has been revoked and
declared a public nuisance as they pose a risk to the life, health, and safety of the
public.
SECTION 4. Modification. The Planning Commission hereby modifies CUP17-0030
and all conditions of Planning Commission Resolution No. 2738, to allow only cannabis
distribution subject to modified conditions Attached as Exhibit A to this Resolution.
8 I
I
PLANNING COMMISSION RESOLUTION NO. 2850
SECTION 5 . Environmental Revie w. The proposal is categorically exempt from further
environmental review and the provisions of the California Environmental Qual ity Act (CEQA)
per State CEQA Guidelines Section 15301 (Class 1 -Existing Facilities).
SECTION 6. Custodian of Records . The documents and materials that constitute the
record of proceedings on which these find ings are based are loca ted 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 7. Execution of Resolution . The Chairperson of the Planning Commission
signs this Resolution, and the Secretary to the Commission shall attest and certify the
passage and adoption thereof.
SECTION 8. Recitals. The Planning Comm ission he reby finds that the foregoing
re citals are tru e and correct and are incorporated herein as substantive findings of this
Resolution .
ADOPTED ON January 4 , 2024 .
Joe P~ (Jan 10, 2024 08,4' PST)
JOSEPH PRADETTO
CHAIRPERSON I ATTEST:
I
RICHARD D. CANNONE , AICP
SECRETARY
I, Richard D . Cannone. AICP, Secretary of the City of Palm Desert, hereby certify that
Resolution No. 2850 is a full , true, and correct copy, and was duly adopted at a specia l
meeting of the Planning Commission of the City of Palm Desert on January 4 , 2024, by t he
following vote :
AYES :
NOES:
ABSENT:
ABSTAIN :
RECUSED:
DELUNA, GREENWOOD, HOLT, PRADETTO
NONE
NONE
NONE
GREGORY
IN WITNESS WHEREOF , I have hereunt~et my hand and affi xed th ffi cial seal of the City
of Palm Desert , California, on January~, 2024 .
9
RICHARD D. CANNONE , AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2850
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. CUP 17--0030 MODIFICATION
DEPARTMENT OF DEVELOPMENT SERVICES:
1. All conditions of Planning Commission Resolution 2738 shall be nullified and modified by the
conditions of this resolution.
2. The business shall operate solely as a cannabis distributor. No other cannabis use shall be
permitted unless a modificalion"to this conditional use permit is requested.
3. The development of the property shall conform substantially with exhibits on file with the
Department of Development Services, as modified by the following conditions.
4. 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
I
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 I
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.
5. 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 in flux 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.
6. The cannabis distribution use is limited to this location and the use described herein shall be I
subject to the restrictions and limitations set forth herein which are in addition to the approved
10
I
I
I
PLANNING COMMISSION RESOLUTION NO. 2850
use standards listed in the PDMC, and state statutes now in force, or which hereafter may be
in force.
7. Prior to issuance of a building permit for improvements and use contemplated by this approval,
the applicant shall first obtain permits and/or clearance from the following agencies:
Coachella Valley Water District (CVWD)
Burrtec Waste Management
Fire Department
Evidence of said permit or clearance from the above agencies shall be presented to the
Department of Building & Safety at the time of issuance of a building permit for the use
contemplated herewith.
8. The cannabis distribution use of this property shall not commence until the applicant can
provide the City's Development Services Department with proof of a license issued by the
State Bureau of Cannabis Control. Continued use of the property for cannabis purposes is
subject to the applicant maintaining a valid license from the State Bureau and demonstrating
on-going compliance with the City's cannabis regulatory permit.
9. The premises shall be equipped with an odor absorbing ventilation and exhaust system so
that odors generated inside the cannabis business is not detected outside of the business,
anywhere on adjacent properties, public right-of-way, or in any exterior or interior common
areas or tenant spaces. As such, the applicant shall install odor mitigation equipment in
accordance with the plans on file as part of this application, and to the satisfaction of the
Building Official. Should odor issues arise, the Development Services Department may require
additional odor control measures to be employed. At a minimum the applicant shall install the
following:
A. Air filtration system with odor control that prevents internal odors from being emitted
externally.
B. Air systems that create negative air pressure between the cannabis business and
the exterior.
10. Security features shall be installed within the tenant lease spaces in accordance with the plans
on file as part of this application. All security features shall be installed and maintained as
specified in the City's Cannabis Regulatory Permit regulations.
11. The applicant is required to have on-site security personnel during business hours. Security
personnel shall be licensed with the State Bureau of Security and Investigative Services.
12. The applicant shall comply with all applicable provisions of the PDMC Sections 5.101
(Commercial Cannabis Business Regulatory Permits), 8.38 (Personal Use of Cannabis), and
25.34.120 (Commercial Cannabis Business and Personal Cultivation).
13. Exterior building signs are not a part of this approval. All exterior building signs shall be
submitted to the Development Services Department along with a Sign Application for staff
review.
11
PLANNING COMMISSION RESOLUTION NO. 2850
14. From the public right-of-way, no exterior evidence, other than a building sign to identify the I
retail operation of cannabis products is permitted.
15. All mechanical equipment, either roof or ground mounted, shall be screened from public view.
All such equipment shall be fully screened by the roof structure, parapet wall, ground mounted
walls, berming and/or landscape. •
16. All window and door security devices such as metal bars, gates, and shutters shall be installed
within the interior of the building and screened from public view.
17. There shall be no on-site business activity or operations on Sundays. All business activity and
operations shall cease by 5:00 p.m. the remaining business days.
18. There shall be no exterior building-mounted signage indicating that the business is a cannabis
facility.
19. Prior to issuance of a certificate of occupancy, the applicant shall construct a six (6)-foot-high
block wall along the western property line. The applicant shall submit construction plans and
permit applications for said wall for review by the City.
20. There shall be no on-site retail operations at this location.
21. Operation of the cannabis business outside of these approvals and conditions shall constitute
a violation of the PDMC and shall be enforced pursuant to the provisions in the PDMC. On-I
going violations which are not remedied within a timeframe established by the Development
Services Director may result in revocation of the CUP and Cannabis Regulatory Permit.
22. The applicant shall submit a building plan, which include a modified floor plan to review.
23. Prior to permit issuances, the applicant shall remit all unpaid taxes to the City of Palm Desert
from September 2019 through November 2023 in accordance with Chapter 3.50 of the Palm
Desert Municipal as deemed sufficient by the Tax Administrator, or designee.
24. Prior to permit issuances, the applicant provide proof that all past due cannabis taxes have
been remitted to the State of California.
25. Prior to business activities, the applicant shall submit a new Cannabis Regulatory Permit
application in accordance with Palm Desert Municipal Code Chapter 5.101.
26. Prior to business activities, the applicant shall submit new or modified business license
application and certificate of use for the business to show the changes to the use.
27. This permit shall lapse and become void within one (1) year of the effective date unless prior
to expiration a building permit is issued and construction is commenced and diligently pursued
12 I
I
I
I
PLANNING COMMISSION RESOLUTION NO. 2850
BUILDING AND SAFETY DEPARTMENT:
28. This project shall comply with the latest adopted edition of the following codes:
A. California Building Code and its appendices and standards.
B. California Plumbing Code and its appendices and standards.
C. California Mechanical Code and its appendices and standards.
D. California Electrical Code.
E. California Energy Code.
F. California Green Building Standards Code
G. California Administrative Code.
H. California Fire Code and its appendices and standards.
29. Provide the following design data on the first sheet:
A. Occupancy group(s).
B. Type(s) of construction, including fire sprinklers CBC Section 107.2.
30. All contractors and subcontractors shall have a current City of Palm Desert Business License
prior to permit issuance per PDMC, Title 5.
31. All contractors and/or owner-builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per California
Labor Code, Section 3700.
32. Address numerals shall comply with Palm Desert Ordinance No. 131 O (Palm Desert Municipal
Code 15.28. Compliance with Ordinance 1310 regarding street address location, dimension,
a stroke of line, distance from the street, height from grade, height from the street, etc. shall
be shown on all architectural building elevations in detail. Any possible obstructions, shadows,
lighting, landscaping, backgrounds or other reasons that may render the building address
unreadable shall be addressed during the plan review process. You may request a copy of
Ordinance 1310 or Municipal Code Section 15.28 from the Department of Building and Safety
counter staff.
33. Please contact the Department of Building and Safety (760-776-6420) regarding the
addressing of all buildings and/or suites.
13