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HomeMy WebLinkAbout2018-08-07 PC Regular Meeting Minutes CITY OF PALM DESERT REGULAR PALM DESERT PLANNING COMMISSION MEETING MINUTES - TUESDAY, AUGUST 7, 2018 — 6:00 P.M. CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chairman Joseph Pradetto called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Commissioner Lindsay Holt Commissioner John Greenwood Commissioner Nancy DeLuna Vice Chairman Ron Gregory Chairman Joseph Pradetto Staff Present: Jill Tremblay, Assistant City Attorney Ryan Stendell, Director of Community Development Tom Garcia, Director of Public Works Eric Ceja, Principal Planner Monica O'Reilly, Management Specialist II Justus Swajian, Community Development Intern III. PLEDGE OF ALLEGIANCE Vice Chairman Ron Gregory led the Pledge of Allegiance. IV. SUMMARY OF CITY COUNCIL ACTION None V. ORAL COMMUNICATIONS None MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of July 17, 2018. Rec: Continue to the next regular meeting. B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application to merge Lot 1 through Lot 4 at 44-475 Monterey Avenue (APNs 640-135-013-7, 640-135-014-8, & 640-134-024-7). Case No. PMW 18-0003 (Desert Association of Realtors, Palm Desert, California, Applicant). Rec: By Minute Motion, approve Case No. PMW 18-0003. C. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application to merge Lot 5 and a portion of Lot E at 44-475 Monterey Avenue. Case No. PMW 18-0004 (Desert Association of Realtors, Palm Desert, California, Applicant). Rec: By Minute Motion, approve Case No. PMW 18-0004. Upon a motion by Commissioner Greenwood, second by Commissioner DeLuna, and a 5-0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). VII. CONSENT ITEMS HELD OVER Vill. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION to recommend approval to the City Council of a Mitigated Negative Declaration of Environmental Impact, a Specific Plan document, and Tentative Parcel Map 37234 to subdivide 32+ acres into four (4) parcels bounded by east of Monterey Avenue, south of Dick Kelly Drive, north of A Street and west of Gateway Drive. Case Nos. SP 16-342 and TPM 37234 (MC Properties, Westlake Village, California, Applicant). Principal Planner Eric Ceja stated that the applicant is unable to attend the Planning Commission meeting of August 21; staff recommended the Commission continue this item to the September 18, 2018, meeting. Commissioner Holt moved, by Minute Motion, to continue Case Nos. SP 16-342 and TPM 37234 to September 18, 2018. The motion was seconded by Vice Chairman Gregory and carried by a 4-0-1 vote (AYES: DeLuna, Gregory, Holt, and Pradetto; NOES: None; ABSTAINED: Greenwood). B. REQUEST FOR CONSIDERATION of approval for a 1,700-square-foot adult use and medicinal retail cannabis business for Palm Royale Collective located at 75- 048 Gerald Ford Drive; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Case No. CUP 17-0026 (Palm Royale Collective, La Quinta, California, Applicant). 2 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 Mr. Ceja reported that this item was continued from the meeting of July 1'7, 2018. At their previous meeting, the Planning Commission recommended the applicant meet with Kaiser Permanente ("Kaiser") to discuss the Conditional Use Permit (CUP) for a cannabis dispensary with Kaiser who was in opposition to the proposed use. Mr. Ceja presented the staff report (All staff reports are available at www.cityofpalmdesert.org). He noted that the City received correspondence from adjacent neighbors in favor of the proposed use and another letter from Kaiser in opposition. Staff recommended approval and offered to answer any questions. Commissioner Nancy DeLuna asked if the new location is visible from the Kaiser building entrance. Mr. Ceja replied it is not visible from the entrance. Commissioner DeLuna clarified that the proposed project is no longer in close proximity or directly across from Kaiser. Mr. Ceja explained that the applicant is in the same building; however, the applicant moved to a suite further to the south so there is additional separation from Kaiser. Commissioner DeLuna inquired if the entrance for the dispensary is facing south rather than facing across from Kaiser, which was formerly facing in a northerly direction. Mr. Ceja replied the entrance is facing southeast. She asked if it is correct that the proposed project would not be visible by people entering and exiting the Kaiser building. Mr. Ceja replied that is correct. Commissioner John Greenwood commented that there was the previous discussion about the floor plan configuration and the restroom location. He asked if the applicant made any revisions to the plan. Mr. Ceja responded that the Planning Commission was given updated plans for the new location. The applicant did address the restroom location and the restroom is now in a separate customer accessible area. Commissioner DeLuna asked if signage for the proposed project will not be visible from Kaiser. Mr. Ceja replied that is correct. Commissioner Lindsay Holt asked if Kaiser members would travel by the proposed project to get to Kaiser. Mr. Ceja replied yes. He said there are three accessible driveways. Accesses are located off Cook Street and two driveways off Gerald Ford Drive. He noted that it is possible for a Kaiser member to see signage for the proposed project as they drive to Kaiser. 3 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 Commissioner DeLuna clarified that the applicant 'contacted Kaiser; however, there was not a meeting between the applicant and Kaiser since the last Planning Commission meeting. Mr. Ceja responded that he would let the applicant elaborate on their efforts in contacting Kaiser. Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MS. LISA KATHLEEN ZORNES, Applicant for Palm Royale Collective, Palm Desert, California, informed the Planning Commission that she sent an email, made several phone calls, and sent a certified letter to Mr. John Mich, Senior Public Affairs Representative for Kaiser and she did not receive a response. MR. JOSH BITTERMAN, Consultant for Palm Royale Collective, Wenatchee, Washington, reaffirmed that they reached out to Kaiser multiple times and they did not receive a response. In good faith, they moved the proposed project to a different space, which will be approximately 200 feet instead of 50 feet from the Kaiser's entrance. In addition, their engineer implemented negative air pressure, charcoal filters, and ozone generators in the ductwork. He noted that California law strictly states all products must be sealed before entering retail stores and must stay sealed during the entire time it is in the stores. In conclusion, the applicant looked into the Kaiser's schedule for drug and alcohol classes and they learned Kaiser does not offer classes for drug and alcohol at their Gerald Ford Drive location. He mentioned they were going to offer to close the dispensary an hour before or an hour after the scheduled classes; however, classes are not offered at that location. He thanked the Planning Commission for the opportunity to open a dispensary in Palm Desert. Commissioner DeLuna asked if the products arrive sealed. MR. BITTERMAN replied yes. He restated products would arrive at the store sealed and has to stay sealed when it leaves the store. Commissioner DeLuna asked if flowered marijuana would arrive sealed. MR. BITTERMAN replied yes. Commissioner DeLuna inquired if a customer would check-in in a secured lobby area. MR. BITTERMAN replied yes and referred to picture boards to show the location. Commissioner DeLuna asked if the number of customers is limited in the retail area. MR. BITTERMAN replied yes. He said they would have one customer per budtender. Commissioner DeLuna asked if there will be security cameras and security guards on the premises. 4 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 MR. BITTERMAN replied yes. Chairman Pradetto stated that the Planning Commission received a letter from Kaiser dated August 7. He asked the applicant if they received a copy of the letter. MR. BITTERMAN replied no. Chairman Pradetto asked staff to display the letter on the overhead projector. He noted that Kaiser reiterated their opposition and their request to some marketing concessions. He asked the applicant to take a minute to read the letter. MR. BITTERMAN responded that they could work with Kaiser on signage; however, Kaiser is also requesting apps to not be used. He said people traditionally use apps to find retail cannabis stores. He stated Palm Royale Collective wants to be a good neighbor and they also want to be successful. Chairman Pradetto commented that Kaiser does not want to be mentioned in advertising. He asked the applicant if it would be an inconvenience not to mention Kaiser in advertising. MR. BITTERMAN replied absolutely not. He said they would prefer to meet with Kaiser to be good neighbors; however, they did not get that chance. MR. DON ZORNES, Applicant for Palm Royale Collective, La Quinta, California, said after reading the letter from Kaiser, he understood that Kaiser does not want them to use their name as a landmark. He noted that signage for Palm Royale Collective will not be visible from the Kaiser building. MR. BITTERMAN made clear that they would not reference Kaiser anywhere in their advertising and marketing. Commissioner Holt asked the applicant to describe their proposed signage. MR. BITTERMAN referred to the picture boards to describe the signage and location. Commissioner Holt inquired if signage will be visible from the roadway that is adjacent to the west of Palm Royale Collective. MR. BITTERMAN replied signage would not be visible from the west. He said if signage was placed on the back, then it would be visible to the roadway. Commissioner Holt clarified that the main entrance would be from the interior of the building. MR. BITTERMAN pointed to the picture boards to indicate the entrance. Chairman Pradetto asked staff to display the site location on the screen using Google maps. 5 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 Commissioner Holt inquired if there would be a monument sign. Mr. Ceja responded that there is a monument sign on General Ford Drive. Commissioner Gregory inquired if there is different ownership of the Kaiser and Palm Royale Collective buildings. MR. BITTERMAN replied that both buildings are owned by one owner. A member in the audience interjected that the buildings are not owned by one owner. It is a different entity. Commissioner Greenwood asked if the vendor entrance shown at the back of the house is to the retail establishment. MR. BITTERMAN replied yes. For security purpose, Commissioner Greenwood asked if there are any special needs for the storage since it is sharing a demising wall. MR. BITTERMAN explained there is a cage around the storage room. If someone tried to cut through the wall, they will hit the cage. He noted that the cage will be monitored by ADT Security Services. He mentioned at the last meeting, a Planning Commissioner asked who is responsible for ensuring donations are being made to charity. He shared when a business states they are going to donate proceeds to charity, it must be filed with the Internal Revenue Service. MR. DOUG MONTGOMERY, Rancho Mirage, California, spoke in favor of the proposed dispensary. He pointed out that the applicant has to follow stringent guidelines with a CUP, which the City will enforce. The applicant also has to follow the building owner's guidelines. He noted the applicant is professional and qualified. He understood Kaiser's position of trying to protect their patients. However, pharmaceutical drugs and alcohol are far more dangerous in the sense of addictions. In addition, he said the benefits of a dispensary have not been discussed, which is an important factor that needs to be discussed. He believed the proposed dispensary will be a benefit to the community and an alternative to pharmaceutical drugs. He spoke briefly of the location and felt the dispensary is for a good cause and a good use. Commissioner Det_una asked Mr. Montgomery what are the landlord's guidelines. MR. MONTGOMERY responded that the landlord has guidelines for the tenant to mitigate odors, no loitering, needs to provide security, and many other guidelines. If the tenant does not comply with the landlord's guidelines, the lease will be nulled and voided. He noted that the landlord received many leasing applications and the landlord selected the application that was focused on the health benefits from cannabidiol (CBD), a tenant that is professional, and a tenant that would enhance the property. 6 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 Chairman Pradetto noted that Mr. Mich with Kaiser arrived a little late. He asked if he wanted to testify on the proposed project. From the audience, Mr. Mich replied no. With no further testimony offered, Chairman Pradetto declared the public hearing closed. Commissioner Greenwood appreciated the applicant's efforts since the last meeting. He felt the applicant met all the City's requirements and the redesign of the space was improved. Therefore, he is in favor of the project. Vice Chairman Gregory commented he was concerned at the previous meeting. He is not as concerned now that the proposed dispensary will be located farther from Kaiser. His only concern would be signage, which would be a City staff issue when the sign application is submitted. He believed with sensitivity the two entities can co-exist and felt comfortable with the changes made. Chairman Pradetto asked Vice Chairman Gregory if he wanted to add a condition to specify no visibility of signage from Kaiser. Vice Chairman Gregory responded that he would prefer to have staff review and make a decision on signage. Chairman Pradetto thanked and appreciated the applicant for taking the steps to try and negotiate with their neighbor. With no other comments, he called for the vote. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2729, approving Case No. CUP 17-0026, subject to the conditions of approval. The motion was seconded by Vice Chairman Gregory and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None;). C. REQUEST FOR CONSIDERATION of approval for a 2,800-square-foot retail cannabis business for Healing of the Nation Club located at 78-010 Country Club Drive; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Case No. CUP 17-0015 (Healing of the Nation Club, Cathedral City, California, Applicant). Mr. Ceja outlined the salient points from the staff report. He showed a video of the proposed dispensary. He noted that the City did not receive any correspondence in favor or opposed to the proposed use. He offered to answer any questions. Chairman Pradetto requested that the next time a video goes before the Planning Commission; the video should not be longer than a minute. Commissioner DeLuna noticed that the proposed project does not have a check-in secured lobby area and there could be any number of customers at the counter at one time. She asked staff if the applicant has an adequate check-in area and there are no 7 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 security issues with too many people at one time in the retail area even though there are security cameras and guards. Mr. Ceja replied yes. He stated the applicant will have on-site security that will check and screen the customers that they are of age to be in the dispensary. Commissioner DeLuna asked if it is correct that the applicant has no limitation on the number of customers that can be at the counter. Mr. Ceja deferred the question to the applicant. Commissioner DeLuna commented that she heard multiple times that products must be sealed and remained sealed; however, the proposed dispensary will have open products to roll their own cannabis cigarettes. She asked if there will be odor issues and will they have cannabis flower for sale. Mr. Ceja replied that he will let the applicant explain the specifics of the microbusiness. He noted that the applicant is proposing additional odor control methods for the inventory room. Commissioner DeLuna asked if there will be loose product available to the customers. Mr. Ceja replied that he did not believe so. Products will be packaged and sealed. Vice Chairman Gregory shared Commissioner DeLuna's concern and is interested in what the applicant has to say about the microbusiness. Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. ROBERT FIERO, CEO for Healing of the Nation (H.O.T.N.), Palm Desert, California, thanked the Planning Commission for consideration of their CUP application with the City of Palm Desert. He briefly introduced their group and experience. He said they want to create a shop that will pride itself on quality, the cannabis craft, service, education, and transparency. He also said they want to include a microbusiness that includes manufacturing and packaging of cannabis cigarettes, cannigars, and rosin. MR. BRAD ULISKY, Co-owner for H.O.T.N., Rancho Mirage, California, informed the Commission that their facility in Cathedral City has taught them a lot and they understand things are going to happen. However, it is how they react to the situations that make them true professionals. He communicated that they outlined a Community Plan that will help the residents of Palm Desert better understand what they do. He revealed that prior to the grand opening of the dispensary, they will hold an open house so residents can see first-hand the beauty, the professionalism, and security features that their facility has to offer. This will allow the community to better understand what they do and avoid negative circumstances due to misconceptions or simply not understanding cannabis. They will also implement an educational awareness program 8 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 to inform customers of the adult use market and the changes that have been made in the medical use market. He said they will have workshops on how to roll cannabis cigarettes and benefits of topical cannabis. Lastly, he addressed security and stated that the State of California requires cannabis retail shops to have security guards on- site during business hours. They will have security guards on-site and the complex will provide security to patrol at night. They are going to monitor security in the first couple of months. If needed, H.O.T.N. is going to provide night security for the center. They will have over 20 cameras covering the facility and recording at four megapixels a second at 30 frames a second. It is state mandated to store the data for a minimum of 90 days. He mentioned they are also working with the adjacent neighbor, a nail salon, to increase their security and be a good neighbor. He offered to answer any questions. Commissioner DeLuna asked the applicant to address her concerns regarding a check-in area and how they are going to limit the number of customers at the counters. MR. ULISKY responded that they expect to have 10 to 15 employees and one security guard on duty at all times during business hours. They will have enough employees for retail sales and workshops. He stated they will check identifications that they are valid and the customer is 21 years of age or older. MR. FIERO added that they currently operate a dispensary in Cathedral City, with the same business model and they have not had any issues. Commissioner DeLuna noted that the proposed project is the only CUP application that does not have a separate lobby for people to check-in then admitted one to two people at a time. Regardless if it has worked at another location, she voiced she is concerned with what is happening in the City of Palm Desert. Secondly, she asked if there will be loose product available for the people getting instruction on how to roll the cannabis cigarettes or cannigars. She asked if classes will be hands-on. MR. FIERO responded they will only teach how to roll with paper. He affirmed that they will not allow any loose products to be opened in the store. As part of the manufacturing component, Commissioner DeLuna inquired if there would be loose products or will it come into the store sealed in packages. MR. FIERO replied that the products will arrive at the store in sealed packages; however, it will be reopened in the manufacturing room. It will then be repackaged into its manufactured product, tracked, and traced. Commissioner DeLuna asked if the manufacturing room is separate from the retail sales area and customers do not have access to the manufacturing room. MR. FIERO replied that is correct. Chairman Pradetto inquired if it is correct that the applicant is not pursuing a medicinal permit and only a recreational permit. 9 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 MR. FIERO replied that the cannabis permit is for adult use and medicinal. For the previous CUP applications that went before the Planning Commission, Chairman Pradetto asked staff if it was the applicant's initiative or direction to include a check-in area and not a City requirement. Mr. Ceja replied that is correct. Chairman Pradetto clarified that H.O.T.N. preferred to check-in customers in a different manner. Mr. Ceja replied that is correct. He stated the check-in process is consistent with state law. Commissioner Greenwood referred to the floor plan and asked the applicant which room is designated for the microbusiness. He is asked if it is the room labeled storage or inventory. MR. FIERO replied the microbusiness will be in the storage room. Commissioner Greenwood noted that the storefront is on the south side of the project. He asked the applicant if they have any concerns with security. He asked if it is standard storefront glazing. MR. FIERO answered that the previous tenant had an additional wall, which is glass. He said their group discussed adding a steel curtain. MR. ULISKY added that all doors that have limited access and windows will have roll down shutters that cannot be penetrated. The shutters are similar to a garage door. Vice Chairman Gregory commented that previous applicants testified that products would be sealed when it arrives at the store, sealed while it sits in the store, and sealed when it leaves the store and the Commission felt comfortable because that is the process. He noted H.O.T.N. is proposing something different. He asked if the microbusiness requires a different permit. MR. FIERO replied that a microbusiness requires a different permit. He pointed out the City of Palm Desert Cannabis Ordinance allows for 10 percent manufacturing for cannabis retail. Vice Chairman Gregory remarked that maybe manufacturing is a word that could be changed. He explained that the applicant is modifying a product that arrives sealed in a package. The product is not being manufactured that gives it the connotation the product is coming from raw materials. Commissioner Holt interjected that it may help if the applicant can explain the specifics in regard to the proposed manufacturing license compared to other manufacturing licenses which would allow for volatile processes. 10 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 MR. FIERO explained that the license for a microbusiness allows `for light manufacturing and light distributing; e.g. rolling cannabis cigarettes, packaging, and sealing. He made clear that they do not intend to grow cannabis, extract cannabis, or volatile manufacturing. Commissioner Holt inquired if the applicant would have to return to the City to amend the CUP if the applicant decided to cultivate cannabis. Mr. Ceja replied that is correct. Vice Chairman Gregory voiced that he has a concern with odor. He asked the applicant how they are going to assure the City that cannabis odor will be mitigated. MR. ULISKY responded that they included an odor control plan, which is standard with all retail stores. He said charcoal filters and reverse airflow systems will keep the odor in the microbusiness area. He mentioned that they are using state law terms when referring to manufacturing and do not intend to do any volatile manufacturing. Chairman Pradetto asked if the applicant's business in Cathedral City is operating exclusively as a medicinal dispensary. MR. FIERO replied that their business in Cathedral City is an adult use and medicinal dispensary. He shared that they also have a manufacturing microbusiness in Cathedral City. They use charcoal air filters and have had zero odor complaints. They will use the same filters at the Palm Desert location. Chairman Pradetto commented that he is not familiar with the applicant's business in Cathedral City. He asked if the dispensary is located in a retail center. MR. FIERO replied that is correct. Chairman Pradetto asked the applicant if they planned on moving their Cathedral City dispensary to Palm Desert or if it is an expansion of their business. MR. FIERO replied the proposed project would be an expansion of their business. Commissioner Holt inquired if the applicant will need a distribution license for the products they are manufacturing. However, if the applicant were to send any of their products outside of the store, then a distribution license would be needed. MR. FIERO responded that a distribution license is needed if you are moving cannabis from point A to point B. A microbusiness license allows for self-distribution. Commissioner Holt clarified that if the applicant has a microbusiness license, the applicant could technically distribute their manufactured products from the dispensary if they wanted to. She asked if that is H.O.T.N.'s intent. 11 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 MR. FIERO replied that is not their intent; however, they have considered the option of distributing in the future. He assumed that they would need to go through the CUP process. Commissioner Holt asked staff if that is correct. Mr. Ceja replied yes. The applicant would need to go before the Planning Commission for an amendment to the CUP. Commissioner Holt inquired if the products being manufactured on-site will stay on- site. Mr. Ceja replied that is how he understood the applicant would be doing business; keeping manufactured products on-site. MR. FIERO interjected that is correct. Commissioner DeLuna voiced that she is still concerned that there is not a check-in waiting area, there is not a limit to the number of customers in the retail area, and there is going to be a manufacturing facility. She asked if there is a glass wall at the back of the manufacturing area. MR. FIERO explained that there is a wall and a glass behind the wall. Commissioner DeLuna asked if someone has the ability to get in between the wall and the glass. MR. FIERO replied that they are installing steel roll down shutters so no one can go beyond the glass or the wall. MR. ULISKY added that the glass is the design on the back of the building. Commissioner DeLuna asked if the roll down shutters would be down and locked all the time. MR. ULISKY responded that the back shutters could be down and locked all the time. The rest of the shutters in the store will be down and locked when the business is closed. Commissioner DeLuna continued to voice her concern with the manufacturing, no check-in area, no limit on the number of customers in the retail area, and only one security guard on-site. Commissioner Holt asked if the second door to the west is an emergency access door or will the door be used by the public. MR. FIERO replied that the door is an emergency exit and will not be used by customers. 12 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 Chairman Pradetto summarized that Commissioner DeLuna is concerned because there is not a dedicated check-in area like the other dispensary CUP applications the Planning Commission considered. Commissioner DeLuna said she is also concerned that the applicant will allow any number of people at one time at the retail counters. Chairman Pradetto commented that the Commission could add a condition if needed, and for Commissioner DeLuna to keep that in mind when it is time to deliberate. Commissioner Holt asked if it is a state law that there needs to be a certain number or percentage of employees to assist customers. MR. FIERO replied no. MR. ULISKY communicated that state law requires all products to be separated from the customer. He also stated that they are limited to the number of people due to the fire occupancy code. He communicated when a customer walks into the dispensary, they have zero access to products. Per state law, the customer has to be assisted. MR. FIERO mentioned that people will have to wait in line to get service after they check-in. MR. ULISKY stated that the manufacturing area is out of sight. Commissioner DeLuna inquired if the one-on-one educational sessions do not involve any hands-on training. MR. ULISKY responded there will be one-on-one training; however, they will be using mocked products. He said they would be breaking state law if they used real products. Commissioner Greenwood commented that the demising wall between the proposed project and the adjacent tenant is existing. He asked if the applicant will take any additional measures to take the demising wall into account. MR. FIERO replied yes. He said they are adding a vinyl coating as part of the design. The coating will help to have anything go through the wall. MR. ULISKY added that the wall will be reinforced. As mentioned before, he said they are working with the adjacent neighbor to increase security. Vice Chairman Gregory mentioned that he has not heard the applicant say the filtration system will be focused on the manufacturing area. He said the filtration system seemed to be storewide. He asked if there should be more of a focus on where packages will be opened for manufacturing. MR. FIERO responded that the filtration systems are mobile. They will have the systems located in the manufacturing room and in the lobby. 13 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 Vice Chairman Gregory commented that the applicant is establishing a precedent. He said others may also want a microbusiness for manufacturing. Therefore, the City has to be very careful about how they scrutinize to make sure the City does not create a monster down the road. If the proposed project moves forward, Commissioner Greenwood asked if the project is subject to building code review. If there are any changes to the project, he asked if will it be brought back to the Planning Commission. Also, if the plan had to be revised to meet a code requirement, would the applicant need to work with the Building & Safety Department. Mr. Ceja responded that it would depend on the extent of the changes. In most cases, the plans will move forward for a building plan check review in accordance with the California Building Code. If there were extensive changes to the floor plan, it would only be reviewed by staff and not the Planning Commission. With no further testimony offered, Chairman Pradetto declared the public hearing closed. Chairman Pradetto stated the Planning Commission could talk about the security measure. One option is to add a condition or invite the applicant to come back with a revised plan to include a check-in area. Commissioner DeLuna commented that she does not know which way to go; however, she felt the applicant's security measures are less than other cannabis CUP applications they have reviewed. Therefore, she is not comfortable without a condition that would include adding a wall or structure to limit the number of customers in the retail sales area. She mentioned it is the Planning Commission's first time reviewing a cannabis microbusiness and she is not comfortable with the proposed project. Commissioner Greenwood understood that having an enclosed check-in waiting area is not a state law; it is strictly a business model. He said no one is going to be more concerned with security than the applicant themselves. He noted it is a business model that the applicant is already conducting and it has been found to be successful without violating state law. For that reason, he is hesitant to tell someone how to run their business. Commissioner DeLuna remarked that she is not trying to tell the applicant how to run their business. She said she is trying to increase the security measures in a business for the safety of the applicant and customers. She reiterated she is not comfortable with anything less than a check-in secured area. Chairman Pradetto commented he shares some of Commissioner Greenwood's comments. He expressed that the incentives are on the City's side. The applicant has every interest and safety of their business and their customers. Due to the limited nature of the scope in Palm Desert, the applicant is going to be on their best behavior. He believed the other applicants had their opportunity to not have a check-in secured area and preferred to have a different business model. He said he respects the applicant's decision not to have a check-in waiting area. He pointed out the applicant's 14 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 request is consistent with state law'and the City's Cannabis Ordinance and supported the proposed project. Commissioner Greenwood noted that the microbusiness requires an additional focus and mitigation measures to make sure every effort is being made. He anticipated City staff will follow through during the review process. Mr. Stendell referred to Condition of Approval No. 8 of draft Planning Commission Resolution No. 2731, "Should odor issues arise, the Community Development Department may require additional odor control measures to be employed. . ." He stated staff included the condition because cannabis is all new to the City. The City wants the ability to knock on a door and say there is an issue and the applicant has to do more to mitigate any issues. He mentioned the resolution was written jointly with the City Attorneys. Vice Chairman Gregory said he understood the product made in the light manufacturing room does not leave the room unless the product is packaged and sealed. Therefore, no loose product will find its way out to the retail area. Mr. Stendell said that is correct and shared that he visited several operations in other jurisdictions. He explained the product arrives at the manufacturing facility in a large vacuumed sealed package from the grower, and then the product leaves the manufacturing room in a smaller vacuumed sealed package. The loose product does not leave the manufacturing room. Commissioner Greenwood commented that there is an existing wall on the south side of the building. He assumed the glass is spandrel and obscure with some type of film. He pointed out the glass on the left side that does not have a wall in front of it. He commented he is sensitive to security grates in front of a retail business because it does not have an aesthetic presence. He asked how staff felt about the security grates. Mr. Stendell responded that the security grates are not allowed to be visible. The grates will be installed interior of the space and tinted. Mr. Ceja added that staff included a condition which states security features must be installed within the tenant lease space. Commissioner Greenwood clarified that the condition in place addresses any obscurities for existing glazing elements are not visible on the exterior of the building. Mr. Ceja replied that is correct. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2731, approving Case No. CUP 17-0015, subject to the conditions of approval. The motion was seconded by Commissioner Holt and carried by a 4- 0-1 vote (AYES: Greenwood, Gregory, Holt, and Pradetto; NOES: Del-una). 15 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 Chairman Pradetto called a recess at 7:24 and he reconverted the meeting at 7:26. D. REQUEST FOR CONSIDERATION of approval for a 1,200-square-foot retail cannabis business for West Coast Cannabis Club located at 74-495 Highway 111; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Case No. CUP 17-0017 (Kenneth Churchill and West Coast Cannabis Club, Cathedral City, California, Applicant). Commissioner Greenwood stated he is a principal with Prest Vuksic Architects and the firm is the architect for the said project and recused himself from this item. Mr. Ceja informed the Planning Commission that he is presenting the last of the six CUP applications for a cannabis dispensary. He noted that the applicant has an existing cannabis operation in Cathedral City and continued to present the staff report. He offered to answer any questions at the end of his report. Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. KENNETH CHURCHILL, Chief Executive Officer and Co-founder for West Coast Cannabis Club, Cathedral City, California, stated they have a cannabis business in Cathedral City. He appreciated all the effort the Planning Commission and City staff has put into the cannabis application process. He believed the City came up with a fair and reasonable Cannabis Ordinance that will be good for the citizens and reasonable for the business to succeed. He offered to answer any questions. Vice Chairman Gregory commented that it looks like the building will have a dual entry. MR. CHURCHILL replied that is correct, stating they will have security presence and a check-in area at both entrances. The reason for having dual entries is due to the size of the building and parking available in front and back of the building. They also wanted to avoid any ADA issues. Vice Chairman Gregory inquired if it would be preferable to have a security guard at each entrance. MR. CHURCHILL responded that they are open to having a security guard at each entrance. He hoped the security guard would never be stagnant. He said they do not plan on having a security guard sitting at the door and waiting for someone to arrive. Their idea is to have the security guard to be active and moving throughout the property. He mentioned they currently have the highest volume of customers at their Cathedral City store and they have not had any issues. Vice Chairman Gregory said he would be concerned if a customer is causing a ruckus at one entrance and the security guard would have to run to that entrance to investigate while another customer runs out the other entrance. 16 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 MR. CHURCHILL said he understood and mentioned they will 'also have panic switches and alarm systems. Vice Chairman Gregory asked if it is necessary to have an entrance off of Palm Desert Drive. MR. CHURCHILL answered no. Vice Chairman Gregory asked if it would make sense to have one entrance and an emergency exit off of Palm Desert Drive. MR. CHURCHILL responded that they have a "Plan B" plan, which would address using only the back parking lot as the entry. He said they are willing to propose Plan B if the Commission made the recommendation. He is not sure if it would require returning to the Planning Commission for approval. He noted they are ready to move forward with the current plans. Vice Chairman Gregory commented that security has been a dominant threat in prior discussions. MR. CHURCHILL understood Vice Chairman Gregory's concern. He shared they have been operating in Cathedral City since January 2017 on Ramon Road and Date Palm Drive and the area does have some security issues. Surprisingly, approximately 50 percent of their customers are over the age of 50 who have body pains and cannot sleep. He said most of the security issues occur when the business is closed, which has been their main focus. Chairman Pradetto asked if they have an issue with people trying to enter the premises after business hours. MR. CHURCHILL clarified that people attempting to enter the premises after business hours is more of a security issue than someone trying to make a burglary during business hours. MR. TOM LOPEZ, Chief Operations Officer for West Coast Cannabis Club, Palm Desert, California, communicated that their plans indicate both entrances will be treated equally from a security standpoint. The focal point for the barrier between the outside world and the inside of the business is not necessarily the security guard. It is the switch that allows someone to get to the back and the mechanical systems that will be put in place to handle both entrances equally. Vice Chairman Gregory asked the applicant if they anticipate walk-ins coming from Palm Desert Drive. MR. LOPEZ answered that he spent the last two days at the space and he has seen people walking from both sides. 17 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 Commissioner DeLuna asked the applicant if they will restrict the number of customers inside the dispensary at any given time. MR. CHURCHILL said they will have one customer per budtender. They anticipate having two different bars with two budtenders at each bar; never more than four. However, there might be a group of two or three people who they will team up with one budtender. Commissioner DeLuna asked if it is primarily a one-on-one situation. MR. CHURCHILL replied yes, noting there could be a situation where there is a married couple. Commissioner DeLuna clarified that there will be a limit to the number of customers; there will not be 10 to 15 customers. MR. CHURCHILL responded that they will have a waiting room at each entrance; the customer waits until they get called back by the budtender. He briefly explained the camera and computer systems they will use to keep track of customers waiting for a budtender. Commissioner Holt thanked the applicant for taking into account the disabled persons who could potentially utilize the dispensary. Commissioner DeLuna asked where the restrooms are located. MR. CHURCHILL replied the restrooms are located at the center of the building. He noted it is an existing restroom. Commissioner DeLuna asked what the width of the store is. MR. LOPEZ remarked that the store is approximately 151/2 feet and the length is 73 feet. Commissioner DeLuna asked if there is a concern with customers crossing back and forth. MR. CHURCHILL responded that the dual entrance improves the traffic flow of customers. Commissioner DeLuna asked if there are cashiers at both ends of the building. MR. CHURCHILL replied yes. With no further testimony offered, Chairman Pradetto declared the public hearing closed. 18 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 Vice Chairman Gregory felt that the Commission thoroughly discussed the proposed project. He also felt comfortable with the dual entrances and supported the applicant's request for a dispensary. Commissioner Holt concurred with Vice Chairman Gregory. Vice Chairman Gregory moved to waive further reading and adopt Planning Commission Resolution No. 2732, approving Case No. CUP 17-0017, subject to the conditions of approval. The motion was seconded by Commissioner Holt and carried by a 4- 0 vote (AYES: DeLuna, Gregory, Holt, and Pradetto; NOES: None; ABSENT: Greenwood). E. REQUEST FOR CONSIDERATION of approval for a 5,672-square-foot cannabis cultivation and distribution business for P&S Ventures, LLC. located at 77-700 Enfield Lane; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Case No. CUP 17-0030 (P&S Ventures, LLC, Venice, California, Applicant). Mr. Ceja recommended continuing this item to the August 21, 2018, Planning Commission meeting, per the applicant's request. He reported that a suite adjacent to the proposed site location became available and the applicant signed a lease for the additional space. He also reported that staff would be mailing out a new public hearing notice and evaluate the adjoining suite as part of the project. Chairman Pradetto stated that staff's recommendation is to open the public hearing and to continue the item until August 21. He asked if the Planning Commission should hear public comments. Mr. Ceja said yes. Commissioner DeLuna asked if any of the comments change based on the increased site location. Mr. Stendell replied no, stating the public has the opportunity to speak tonight and/or the next meeting. Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. IMAD GUIRGUIS, Member of the St. Mary Magdalene Coptic Orthodox Church, Palm Springs, California, indicated that the City's Cannabis Ordinance states a CUP will not be issued if a cannabis business is located within 1,000 feet of a school providing instruction in kindergarten or any grades 1 through 12, daycare center, or youth center. He explained that the church takes care of kids from an infant age to adulthood. After some research, he found other jurisdictions had included churches in their ordinance. He said the proposed project would be devastating to the spiritual values they are teaching their kids. He urged the Commission to not approve the project. 19 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 MR. AMIR IBRAMIM, Member of the St. Mary Magdalene Coptic Orthodox Church, La Quinta, California, stated he is concerned about having a cannabis business near the church. He felt the proposed project would have a negative impact on the church. He also voiced his concern with increased traffic in the area. He recommended that the Planning Commission does not approve the proposed project. MR. SHERIF ABDOM, Member of the St. Mary Magdalene Coptic Orthodox Church, Palm Desert, California, mentioned that he is a physician and is concerned with the long-term use of cannabis. He noted that 40 percent of the church members are kids. He also noted that there are pregnant women who go to the church and they do not know if the odor coming from cannabis would affect the fetus while in the womb. He asked the Commission to reconsider the location of the project; it should not be close to the church. MR. ANDRE USIF, Member of the St. Mary Magdalene Coptic Orthodox Church, Palm Springs, California, communicated that he is a student at Palm Springs High School and said the kids currently have bible study then after play soccer at the church. He said they are looking at moving indoor soccer to a new building across the street from the church. He voiced his concern with a person potentially being under the influence of cannabis and being hit by a car when crossing the street. He was also concerned with odor. He said he would not feel safe having the proposed project so close to the church. Chairman Pradetto asked staff if the item is continued, is it correct to leave the public hearing open. Staff replied that is correct. MR. MEHAT BOTROS, Member of the St. Mary Magdalene Coptic Orthodox Church, La Quinta, California, shared that a marijuana user will become addicted and people start using before the age of 18. He said he is concerned kids from the church would get exposed to marijuana. Secondly, marijuana also affects the brain and if under the influence and driving, the person could cause an accident. He requested that the Planning Commission reject the proposed project. MR. ARSENIO GURGUS, Member of the St. Mary Magdalene Coptic Orthodox Church, Palm Desert, California, stated he is in charge of the kids that play soccer at the church. He said they go to church to escape from all the bad influences in the world and he does not want the bad influences (proposed project) to be right next to the church. He felt a cannabis business will always attract the wrong people even though cannabis helps people with pain. He does not want their kids around that kind of people when the church is trying to save them from bad influences. MS. NANCY SAMAAN, Member of the St. Mary Magdalene Coptic Orthodox Church, La Quinta, California, stated that the church was not informed of the proposed project and she is opposed to the project. With the project in close proximity to the church, she voiced her concern for the kids' ethics and moral behavior, traffic issues, and robberies. She mentioned that not far from the church there is a gymnastics facility 20 MINUTES REGULAR PLANNING COMMISSION MEETING AUGUST 7, 2018 and a school. She fdlt a cannabis business should not be allowed near a church. She asked that the Planning Commission refuses the proposed project. Chairman Pradetto, by Minute Motion, to continue Case No. CUP 17-0030 to August 21, 2018. The motion was seconded by Commissioner Greenwood and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). IX. MISCELLANEOUS None X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None XI. COMMENTS None XII. ADJOURNMENT With the Planning Commission concurrence, Chairman Pradetto adjourned the meeting at 8:07 p.m. I 2a 0�11PH PRADETTO, CHAIRMAN ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O'REILLY, RECORDING SECRETARY 21