HomeMy WebLinkAboutRes No 2870PLANNING COMMISSION RESOLUTION NO. 2870
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, MODIFYING CONDITIONAL USE PERMIT NO. 17-
0033 WHICH ALLOWS THE OPERATION OF A CANNABIS BUSINESS ON
THE PROPERTY LOCATED AT 73818 DINAH SHORE DRIVE
CASE NO. CUP17-0033 MODIFICATION
WHEREAS, on November 6, 2018, the City of Palm Desert Planning Commission
adopted Resolution No. 2730, approving a Conditional Use Permit (“CUP”) to operate a
Cannabis business with twenty-five (25) conditions of approval at 73818 Dinah Shore Drive,
Palm Desert, California (“Property”); and
WHEREAS, on January 24, 2023, the California Department of Cannabis Control
(“DCC”) issued a Commercial Distributor license (License No. Number C11-0001786-LIC) to
Thinc Cubed at the subject Property; and
WHEREAS, on March 8, 2023, the California DCC issued a Manufacturer Type 7
license (License No. CDPH-10004878) to Thinc Cubed at the subject Property; 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 Conditional Use Permit issued pursuant to Title 25 of the PDMC; and
WHEREAS, on May 8, 2024, written notice of a hearing to consider revocation of
CUP17-0033 scheduled for May 21, 2024, at 6:00 p.m. with the Planning Commission in the
Council Chamber located at 73510 Fred Waring Drive, Palm Desert, California was provided
to Thinc Cubed; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
May 21, 2024, hold a duly noticed public hearing to consider a revocation of CUP17-0033
and approved a continuance of the item; The Planning Commission directed “Thinc Cubed”
(“Applicant”) and City staff to explore modifications to the CUP in lieu of complete revocation;
and
WHEREAS, the Applicant submitted a modified floor plan and statement of operations
to modify their manufacturing license from a Type 7 Manufacturing License (volatile solvent
manufacturing) to a Type 6 Manufacturing License (non-volatile solvent manufacturing or
mechanical extraction); and
WHEREAS, the Planning Commission finds and determines that this project is
categorically exempt from the provisions of the California Environmental Quality Act (CEQA),
per State CEQA Guidelines, Section 15321 – Enforcement Actions by Regulatory Agencies;
and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
July 16, 2024, hold a duly noticed public hearing to consider the above-noted request; and
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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 the Conditional Use Permit.
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. Findings. Findings for approval can be found under Planning
Commission Resolution 2730, approved and adopted on July 17, 2018. The modification
proposed and approved does not change the circumstances for the findings made for
approval.
SECTION 4. Environmental Review. The proposal is categorically exempt from further
environmental review and the provisions of the California Environmental Quality Act (CEQA)
per State CEQA Guidelines Section 15301 (Class 1 – Existing Facilities).
SECTION 5. 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 6. 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 7. Project Recommendations. The Planning Commission hereby approves
the proposed modification to CUP17-0033, subject to the findings and Conditions of Approval
attached herein as “Exhibit A”.
ADOPTED ON July 16, 2024.
RON GREGORY
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2870
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I, Richard D. Cannone. AICP, Secretary of the City of Palm Desert Planning
Commission, hereby certify that Resolution No. 2870 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 July 16, 2024, by the following vote:
AYES: GREGORY, HOLT, PRADETTO
NOES: NONE
ABSENT: DELUNA, GREENWOOD
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on July 23 , 2024.
RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2870
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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. CUP 17-0033 MODIFICATION
DEPARTMENT OF DEVELOPMENT SERVICES:
1. All conditions of Planning Commission Resolution 2730 shall be nullified and modified by the
conditions of this resolution.
2. The business shall operate as a commercial cannabis business, including cannabis cultivation
and manufacturing. Manufacturing within the business shall be limited to non-volatile solvent
manufacturing or mechanical extraction, consistent with the regulations on Type 6
Manufacturing license types from the Department of Cannabis Control (DCC)
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
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.
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 City 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.
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6. The manufacturing operations shall not include any volatile solvents. Volatile solvents are
chemicals that produce a flammable gas or vapor and include, but are not limited to: butane,
heptane, hexane, and propane.
7. The manufacturing operations shall consistent solely of non-volatile solvent manufacturing or
mechanical extraction. Examples of non-volatile solvents include, but are not limited to,
ethanol, carbon dioxide, cooking oils, and butter.
8. The cannabis 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 statutes now in force, or which hereafter may be
in force.
9. 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
Riverside County Environmental Health
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.
10. The cannabis commercial 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 and they receive a City cannabis regulatory
permit. 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.
11. The cannabis manufacturing 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 and they receive a City cannabis regulatory permit.
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.
12. 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:
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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.
13. Within twenty-four (24) hours of any complaint concerning odors or noise emanating from or
originating within the facility, the operator shall respond to the complaint in question, and shall
timely file a written disclosure to the Development Services department documenting any and
all actions taken and planned to address the complaint.
14. 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.
15. 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.
16. 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).
17. 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.
18. From the public right-of-way, no exterior evidence, other than a building sign to identify the
retail operation of cannabis products is permitted.
19. 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.
20. 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.
21. There shall be no exterior building-mounted signage indicating that the business is a cannabis
facility.
22. There shall be no on-site retail operations at this location.
23. 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-
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.
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24. The Applicant shall submit a building plan, which includes a modified floor plan to review. The
floor plan shall generally be consistent with the floor plan attached to this resolution as Exhibit
B.
25. 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.
26. Prior to permit issuances, the Applicant provide proof that all past due cannabis taxes have
been remitted to the State of California.
27. Prior to business activities, the Applicant shall submit a new Cannabis Regulatory Permit
application in accordance with Palm Desert Municipal Code Chapter 5.101.
28. 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.
29. 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.
30. The Applicant shall be required to place new insulations as necessary in all walls to prevent
odors from escaping the facility.
31. The Applicant shall provide employees a shower facility at the site.
32. City staff may inspect the facility at any time to ensure compliance with this Conditional Use
Permit and the Palm Desert Municipal Code.
BUILDING AND SAFETY DEPARTMENT:
33. 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.
34. 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.
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35. All contractors and subcontractors shall have a current City of Palm Desert Business License
prior to permit issuance per PDMC, Title 5.
36. 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.
37. 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 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.
38. Please contact the Department of Building and Safety (760-776-6420) regarding the
addressing of all buildings and/or suites.
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EXHIBIT B
FLOOR PLAN