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HomeMy WebLinkAbout323576 .� I T y 0 1 P H I M OESER T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6 i i info@cityofp almdesert.org PLANNING COMMISSION MEETING NOTICE OF ACTION August 3, 2017 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Subject: Recommendation to the City Council to Approve a Zoning Ordinance Amendment Relating to Adult-Use of Cannabis and Commercial Cannabis Operations The Planning Commission of the City of Palm Desert considered your request and took the following action at its regular meeting of August 1, 2017: The Planning Commission approved a recommendation to the City Council to approve Case No. ZOA 17-028 by the adoption of Planning Commission Resolution 2706. Motion carried by a 3-1-1 vote with Chair DeLuna voting NO and Commissioner Holt ABSENT. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. � �; f' Ryan Stendell., Secretary Palm Desert Planning Commission cc: File Building & Safety Department Public Works Department Fire Marshal .. 10.PRINTED ON RECYCLED PAPER PLANNING COMMISSION RESOLUTION NO. 2706 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO THE CITY COUNCIL TO AMEND AND RETITLE PALM DESERT MUNICIPAL CODE SECTION 25.34.120 MEDICAL CANNABIS USE TO CANNABIS USE AND REGULATIONS AND SECTION 25.16 COMMERCIAL AND INDUSTRAIL DISTRICTS AND SECTION 25.18 ONE ELEVEN DEVELOPMENT CODE TO ALLOW FOR CANNABIS BUSINESSES WITHIN THE CITY, SUBJECT TO A CONDITIONAL USE PERMIT; AND ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: ZOA 17-027 WHEREAS, pursuant to the authority granted to the City of Palm Desert ("City") by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, adoption and enforcement of comprehensive zoning regulation and other land use regulations lies within the City's police powers; and WHEREAS, California has adopted, through ballot initiative, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) to regulate the adult personal and commercial use of cannabis, pursuant to local authority preserved in the AUMA; and WHEREAS, the City Council established an Ad Hoc Cannabis Committee, comprised of industry representatives, community members, and City staff, to review a potential cannabis ordinance and to make recommendations for changes to the City's Municipal Code to allow and regulate cannabis businesses; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of August 2017, hold a duly noticed public hearing to consider changes to the City's Zoning Ordinance to allow cannabis businesses in the City subject to approval of a Conditional Use Permit and certain regulations; and WHEREAS, the requirements established in the ordinance ensure that cannabis businesses can operate in the City in a safe and limited manner, subject to licensing from the State Bureau of Cannabis Control; and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. PLANNING COMMISSION RESOLUTION NO. 2706 B. The California Constitution and Planning and Zoning Laws authorize cities to establish, by ordinance, the regulations imposed on certain business operations and that cannabis businesses can be conditioned and limited in the City. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Municipal Code amendment to Section 25.34.120 Cannabis Use and Regulations and 25.16 Commercial and Industrial Districts, and 25.18 One Eleven Development Code as shown in Exhibit "A", "B" and Exhibit "C" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that this Zoning Ordinance Amendment (ZOA) is exempt from CEQA review pursuant to Section 15060(c)2 in that the proposed action will not result in a direct or reasonable foreseeable indirect physical change in the environment, and Section 15061(b)3 in that the ZOA to regulate the use of cannabis and cannabis businesses is not a "project" and is not subject to CEQA review. The Director of Community Development therefore, is recommending that the Planning Commission adopt a Notice of Exemption under the CEQA guidelines. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 1st day of August 2017 by the following vote, to wit: AYES: GREENWOOD, GREGORY, and Pradetto NOES: DE LUNA ABSENT: HOLT ABSTAIN: NONE OU41YY NANCY DE NA, CHAIRPERS N ATTEST: RYAN STE DLL, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSION RESOLUTION NO. 2706 Exhibit A Wawa PDMC SECTION: 25.34.120— Cannabis Use and Regulations This Chapter shall be known as the "Cannabis Use and Regulation Ordinance" for the City of Palm Desert. A. Purpose and Intent It is the purpose and intent of this section to regulate the commercial cultivation, personal cultivation, manufacturing, testing, distribution, transportation, delivery, dispensing, retail sale, and personal adult use of medicinal cannabis and non-medicinal cannabis within the City of Palm Desert. This section is prepared in accordance with the Compassionate Use Act of 1996 (CUA), the Medical Marijuana Program Act (MMPA), and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) (collectively, "state law"), which give local jurisdictions the authority to establish land use regulations related to the personal and commercial uses of cannabis. It is the intent of the City to allow personal cultivation at residential properties and commercial cannabis permitees within city boundaries, subject to approval of special permitting, terms, conditions, confirmation of a state issued license, and in accordance with the provisions of this title. Nothing in this chapter shall be construed to (1) permit persons to engage in conduct that endangers others or causes a public nuisance, (2) permit the use or cultivation of cannabis beyond the limits established in State law related to cannabis, or (3) permit any activity relating to the cultivation, processing, sale, or distribution of cannabis that is illegal under state law, generally. B. Definitions Unless the particular provision or context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. Words and phrases not specifically defined in this code shall have the meaning ascribed to them as defined in the following sources: The California Business and Professions Code Section 19300.5 and Section 26001, The Compassionate Use Act of 1996 (CUA), The Medical Marijuana Program (MMPA), and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). "Applicant" means a person applying for a Conditional Use Permit whom will be the primary owner and operator for any Commercial Cannabis Business. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or 3 PLANNING COMMISSION RESOLUTION NO. 2706 preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis retailer" means a facility where cannabis, cannabis products, or devices for the ... use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale. "Cannabis manufacturer" means a person that conducts the production, preparation, propagation, or compounding of manufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or re-labels its container. "Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "City" means the City of Palm Desert. "Commercial Cannabis Business" means any commercial operation associated, in whole or in part, with the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transporting, sale, dispensing, delivery or transport of cannabis and cannabis products. ••+ "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities for commercial use purposes. "Fully Enclosed and Secured Structure" means a space within a building, greenhouse, or other approved structure which has a complete roof enclosure supported by connecting walls extending from the ground to the floor, which is reasonably secure against unauthorized entry, provides complete visual screening or is behind fencing or other features providing complete visual screening, and which is accessible only through one of more lockable doors and is inaccessible to minors. "Licensee" means the holder of any state issued license related to Commercial Cannabis Businesses, including but not limited to licenses issued under Division 10 of the Business & Professions Code. ..r 4 PLANNING COMMISSION RESOLUTION NO. 2706 "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. `w "Permittee" means any person granted a Conditional Use Permit under this Chapter. "Private Residence" means a house, an apartment unit, mobile home, or other similar dwelling unit. "Sale" includes any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom such cannabis or cannabis product was purchased. "Testing Facility" means a laboratory, facility, or entity in the City that offers or performs tests of cannabis or cannabis products and meets the licensing requirements found in MAUCRSA. C. Permit Required and Exemptions 1. Required i. All Commercial Cannabis Businesses are required to obtain approval of a Conditional Use Permit, City business license, and license from the Bureau of Cannabis Control prior to the operation of any cannabis facility within the City. ..r ii. Building permits for improvements associated with a Commercial Cannabis Business may be issued once an applicant has obtained approval of a Conditional Use Permit; however, a certificate of occupancy to operate will not be issued until said Commercial Cannabis Business has obtained, and provided the City proof, of a license issued by the Bureau of Cannabis Control as part of the City's Business License application. iii. Any Commercial Cannabis Business issued a Conditional Use Permit must provide the City with proof of a license issued by the Bureau of Cannabis Control prior to operation. Failure to maintain a license from the Bureau will result in revocation of the Conditional Use Permit and business license. iv. No Commercial Cannabis Business may operate in the City unless a license(s) from the Bureau of Cannabis Control has been issued and provided to the City's Department of Community Development and Business License Division. v. A copy of the Bureau of Cannabis Control license, and any updates to the license, shall be provided to the Business License Division at the time of business license renewal. vi. Changes in license type, business owner, or operation will require an amendment to the approved Conditional Use Permit. 2. Exemptions i. Personal use, and cultivation of cannabis for personal use, is permitted outright on residential properties and subject to Subsection E of this ordinance and in accordance with the MAUCRSA. 5 PLANNING COMMISSION RESOLUTION NO. 2706 ii. Primary Caregivers engaged in the transportation of cannabis and cannabis related products to Qualified Patients for which they are the Primary Caregiver are exempt from the requirement to obtain any special licensing from the City. ... iii. Any Cannabis Delivery operator, with a physical address outside the City is exempt from obtaining a Conditional Use Permit. The operator is required to obtain a business license with the City's Business License Division. D. Prohibited Activity 1. No Commercial Cannabis Business shall operate without first obtaining approval of: a Conditional Use Permit from the Planning Commission, a City issued business license, and the required State issued cannabis license from the Bureau of Cannabis Control. 2. No Commercial Cannabis Business shall operate within 600 feet of a school, daycare facility, or youth center as defined by this Ordinance and the MAUCRSA. 3. A Commercial Cannabis Business shall operate in accordance with the conditions adopted in the approved Conditional Use Permit and all conditions imposed by the Bureau of Cannabis Control. Commercial Cannabis Businesses shall only operate in designated zoning districts as identified in Section 25.16.030, 25.18.040 and within a fully enclosed and secured structure. 4. The use of volatile solvents, as defined in Section 11362.3d of the California Business and Professions Code, including but not limited to butane, propane, xylene, gasoline, kerosene, and other dangerous and poisonous toxins or �•r+ carcinogens, are prohibited for indoor cultivation at a private residence. 5. Commercial Cannabis Businesses shall not advertise or promote cannabis or cannabis products that encourage use by persons under the age of 21, or promote cannabis and cannabis products within 1,000 feet of a school, daycare, park, or youth center. 6. Any activity generally prohibited by the AUMA, MCRSA, or other applicable State provisions related to Commercial Cannabis Businesses, and local ordinances. E. Personal Use and Cultivation Persons 21 years and older are permitted to use cannabis in accordance with the MAUCRSA, and subject to the City's Smoking Ordinance (PDMC 8.36). No special land use or business permits are required from the City for personal use and cultivation at or within a private residence. The following standards shall regulate personal use and cultivation: 1. Personal Use. Qualified patients and persons of legal age permitted to use cannabis in accordance with AUMA or MCRSA, and MAUCRSA, when it goes into effect, may do so on private property, out of public view, and in accordance with the City's "Regulations and Prohibitions of Smoking" Ordinance (PDMC 8.36). Generally, the use of cannabis is prohibited on City property, including parks, common areas in ..� 6 PLANNING COMMISSION RESOLUTION NO. 2706 City-owned housing developments, and other public places. Smoking or use of cannabis is prohibited within 1,000 feet of a school or childcare facility. 2. Personal Cultivation — Residents in the City are permitted to cultivate cannabis on private residential property for personal use and in accordance with AUMA, MCRSA, and then MAUCRSA, when it goes into effect; subject to the following standards: i. Outdoor Cultivation a. Cultivation for personal use is only permitted on private residential property developed with at least one residential dwelling unit. No more than six (6) plants are permitted to be cultivated at a private residence. Property owners retain the ability to prohibit renters from cultivation and any renter choosing to cultivate shall first obtain written authorization from the property owner to cultivate on site. b. Outdoor cultivation is limited to rear and side yard areas, and only if screened by a solid block wall no less than six (6) feet in height. c. Outdoor cultivation shall not be visible from surrounding public streets or adjoining properties. As such, cannabis plants may not grow above the height of the property line walls unless screened by another approved screening method. d. Outdoor cultivation within 600 feet of a school, daycare center, or youth center is prohibited. ii. Indoor Cultivation a. Indoor cultivation must have adequate ventilation. Structural, ventilation, electrical, gas, or plumbing changes to accommodate indoor cultivation are required to obtain a building permit from the City's Department of Building and Safety. b. The use of volatile solvents, as defined in Section 11362.3d of the California Business and Professions Code, including but not limited to butane, propane, xylene, gasoline, kerosene, and other dangerous and poisonous toxins or carcinogens, are prohibited for indoor cultivation at a private residences. F. Commercial Cannabis Businesses Commercial Cannabis Businesses are defined in Subsection B of this Ordinance and do not include businesses that only sell cannabis related paraphernalia. All Commercial Cannabis Businesses shall be regulated by the following: 1. Required Permits — All Commercial Cannabis Businesses are required to obtain approval of a Conditional Use Permit in accordance with PDMC Section 25.72.050 "Conditional Use Permit." Commercial Cannabis Businesses must also obtain a business license with the City's Business License Division and provide proof of a cannabis license issued by the Bureau of Cannabis Control in accordance with Section C of this Ordinance. Failure to provide proof of a state issued cannabis am license within one year of Conditional Use Permit approval will render the Conditional Use Permit invalid. 7 PLANNING COMMISSION RESOLUTION NO. 2706 2. Location —Commercial Cannabis Businesses are permitted in the City's commercial, industrial, and downtown zoning districts as identified in Section 25.16.030 "Allowed Land Uses and Permits Requirements"and Section 25.18.040 "Land Use and Permit .. Requirements"of the Palm Desert Municipal Code. In accordance with MAUCRSA, no Commercial Cannabis Business is permitted within 600 feet of a school, childcare facility, or youth center. Commercial Cannabis Businesses are prohibited from operating on properties that abut public parks, private residential properties, or are located within the City's Downtown Core Overlay District. 3. Separation Requirement — Commercial Cannabis Businesses shall conform to the following separation requirements: a. No Conditional Use Permit shall be issued to a Commercial Retailer that is located within 1,500 feet of another approved Commercial Cannabis Business. b. Commercial Cannabis Businesses whose main business function is cannabis cultivation, distribution, manufacturing, transportation, or delivery, and whose location is limited to the City's Service Industrial zoning district only, shall be separated by 1,500 feet from another approved Commercial Cannabis Business. c. Commercial Cannabis Businesses whose main business function is to operate as a testing laboratory are subject to a separation requirement of 500 feet and are exempt from the separation requirements listed above. .wi d. No Conditional Use Permit will be issued for Commercial Cannabis Business located within 600 feet of a school, daycare center, youth center. e. With the exception of Commercial Cannabis Businesses whose business is located within a mixed-use building or whose primary business function is as a testing laboratory, no Conditional Use Permits shall be issued for commercial and industrial properties abutting public parks or private residences. f. All separation requirements will be measured from the outer extents of the Commercial Cannabis Businesses lease space to the outer extents of another Commercial Cannabis Businesses lease space, or to the property line of a school, daycare center and youth center. 4. Operational Requirements: a. Commercial Cannabis Businesses shall be conducted only within a Fully Enclosed and Secured Structure that is not accessible to minors. b. Commercial Cannabis Businesses shall not create nuisance issues such a dust, glare, heat, noise, smoke, odor, and shall not be hazardous to use or storage of materials, processes, products, or wastes. ..r c. All cannabis and cannabis products shall be kept in a secured manner during all 8 PLANNING COMMISSION RESOLUTION NO. 2706 business and nonbusiness hours. d. Commercial Cannabis Businesses shall utilize product and inventory tracking "" software and accounting software that is in-line with reasonable business practices within the industry. e. Commercial Cannabis Businesses shall install and operate security cameras at their place of business as follows: i. Security cameras shall be installed and maintained in good condition at all times. The areas to be covered by the security cameras include, but are not limited to sale, cultivation, manufacturing, processing, transportation, and distribution areas, all doors and windows, and any other areas as reasonably determined by the Planning Commission. ii. Cameras shall be in use 24 hours per day, seven days per week. iii. Commercial Cannabis Business permittees shall maintain at least 120 concurrent hours of digitally recorded documentation. iv. Any disruption in security camera images shall be cured expeditiously and in good faith. f. Permittees shall install alarm systems that are operated and monitored by an independent third party security company. g. All storage areas shall be locked at all times and under control by the permittee's staff. NNW h. All cannabis and cannabis products shall be securely stored and not accessible to the general public. 5. Conditional Use Permit Submittal Requirements — In addition to the requirements listed in the Conditional Use Permit, all Commercial Cannabis Businesses shall submit the following information in conjunction with the review of a Conditional Use Permit: a. Background Check. The applicant is required to provide names, addresses, and relevant criminal histories of those with an ownership interest of 25 percent or more, and for themselves and the highest ranking employee (manager, director, etc.) at the Commercial Cannabis Business. The background check must be submitted on a form prescribed by the City and can be obtained at the City's Business Licensing Division. b. Business Plan. To be submitted for operational, banking, and personal procedures to ensure adequate business knowledge, modeling and support. c. Exterior Fagade. Renderings of the business facade shall be provided and reviewed as part of the Conditional Use Permit. Building fagade plans shall include renderings of the exterior building elevations for all sides of the building. All building facades shall be tastefully done and in keeping with the high architectural quality and standards of the City of Palm Desert. Because state law 9 PLANNING COMMISSION RESOLUTION NO. 2706 limits certain advertising, the business fagade and building signs shall be compatible and complimentary to surrounding businesses and shall add visual quality to the area. �.r d. Open Premises Agreement. By receiving approval of a Conditional Use Permit the permittee of a Commercial Cannabis Business is agreeing to open the business to City officials at any time during business hours for inspection and to review that the permittee is operating in accordance with the conditions of this title and the Conditional Use Permit. e. Cultivation permittees shall supply energy and water assessments for review as part of the Conditional Use Permit process. These assessments shall estimate the total amount of annual electrical and water use required to operate the Commercial Cannabis Business. Review of the assessment may require the applicant to supplement electrical and water use at the site to minimize adverse environmental impacts. f. Security Plan. All Commercial Cannabis Businesses shall provide a security plan and demonstrate compliance with the security camera provisions outlined in Section F4 of this Ordinance. g. Access Plan and 24-hour Emergency Contact Information. The applicant shall provide contact information, including name, email, and 24-hour accessible phone number to the Department of Community Development and Sheriff's Department. . r h. Community Relations. The applicant shall provide a 24-hour contact number to surrounding property owners within 100 feet of the permittees location. By issuance of a Conditional Use Permit the permittees of a Commercial Cannabis Business agrees to respond to inquiries, concerns, and complaints from surrounding property owners. i. Odor Control. The applicant shall identify methods for ensuring odors emanating from a Commercial Cannabis Business do not interfere with surrounding businesses and the public realm. Odor control methods, include, but are not limited to, use of odor absorbing ventilation and exhaust systems, negative air pressure, and other treatments. j. Annual License Renewal All Commercial Cannabis Businesses are required to provide a valid license issued from the State Bureau of Cannabis Control at the time of business license renewal. A business license is required to be renewed on an annual basis. k. Indemnification Agreement. All Commercial Cannabis Businesses that obtain a Conditional Use Permit shall, and by acceptance of the permit, agree to hereby indemnify and hold harmless the City, its officers, agents and employees from any and all damages, claims, liabilities, costs including attorney fees, suits or other expenses resulting from and arising out of said commercial cannabis business operations. 10 PLANNING COMMISSION RESOLUTION NO. 2706 G. Penalties for Violation No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fails to comply with any of the requirements of this section. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this section, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this section is declared a public nuisance and may be abated as provided under the Municipal Code or State Law, and may result in revocation of a Conditional Use Permit. H. Grounds for Denial, Revocation or Suspension The issuance of a Conditional Use Permit for the operation of a Commercial Cannabis Business may be denied, and an existing permit may be revoked or suspended, if the permittee or applicant: a. Has knowingly made false statements in the applicant's application or in any reports or other supporting documents furnished by the applicant. b. Has been convicted of any offense related to the use, sale, possession or transportation of narcotics or habit-forming drugs. c. Has been convicted of any offense punishable as a felony, or has been convicted within a 10-year period immediately preceding the crime of theft in either degree. am d. Failed to pay required taxes and business license fees. e. Failure to maintain a valid State issued license from the Bureau of Cannabis Control. f. Has failed to comply with the conditions imposed on the Conditional Use Permit. g. Has violated any provision of this chapter. am 11 PLANNING COMMISSION RESOLUTION NO. 2706 Exhibit B Chapter 25.16— Commercial and Industrial Districtsr Sections in This Chapter 25.16.010 Purpose ...................................................................................................16-12 25.16.020 Characteristics of the Commercial and Industrial Districts .......................16-12 25.16.030 Allowed Land Uses and Permit Requirements.........................................16-13 25.16.040 Specific Use Standards.............................. 16-Error! Bookmark not defined. 25.16.050 Development Standards...........................................................................16-17 25.16.010 Purpose The purpose of this chapter is to establish commercial and industrial zoning districts in the City, along with allowed use and development standards applicable to those districts. These districts are consistent with and implement the City's General plan commercial and industrial district and center land use categories as indicated in Table 25.04-1 (Zoning Districts). 25.16.020 Characteristics of the Commercial and Industrial Districts The following descriptions of each district identify the characteristic uses, intensity of uses, and intended level of development for that district. A. Office Professional (OP). This district is intended for various levels of intensities for business, office, administrative, research and development, and/or professional land Now uses. This district is characterized by urban streetscapes with formal tree arrangements and larger block sizes. B. Planned Commercial (PC). The PC districts provide flexibility for commercial and mixed-use development. Generally, these districts are characterized as coordinated projects that integrate compatible commercial and residential mixed-uses. PC districts balance the need for automobile parking and pedestrian connections that are organized around walkable streetscapes and other pedestrian amenities. PC districts are further refined based on property size, proximity to residential uses, and as described below: 1. Specialty Commercial Center (PC-1). The specialty commercial center provides for small-scale commercial development that primarily serves surrounding neighborhoods and other immediate land uses. This district is characterized as being located in close proximity to residential development and, as such, provides high levels of convenient pedestrian access. This district also promotes the development of mixed-use (10.0-15.0 du/ac) as a transition between residential uses and other development types. 2. District Commercial Center (PC-2). The district commercial center provides convenient shopping opportunities outside of the downtown core area. This PC district provides large-format retail areas for the broader community and No 12 PLANNING COMMISSION RESOLUTION NO. 2706 provides flexibility for the integration of mixed-use (10.0-15.0 du/ac) on upper floors of commercial buildings. The center is also characterized by traditional parking lots with formal tree arrangements and spacing and sufficient space for pedestrian areas and open space. 3. Regional Commercial Center (PC-3). The regional commercial center provides a unified area for commercial uses which offer a wide range of goods and services, including comparison and convenience shopping, entertainment, cultural, and recreational uses. The district provides for large- scale, large-format, commercial development that serves the broader region and is generally located around major intersections and properties in proximity to freeway overpasses. Although this district is predominately commercial, mixed-use (10.0-15.0 du/ac) is allowed and should be integrated into developments on the upper floor. 4. Resort Commercial Center (PC-4). The resort commercial center allows for the development of a range of entertainment, hospitality, restaurants, and recreational facilities with related commercial uses to serve visitors to the City. The district is characterized by multi-story development that provides recreation and entertainment amenities in accordance with its urban/natural setting, and provides flexibility to integrate mixed-use (10.0 du/ac). C. Service Industrial (SI). This district allows for the development of traditional business parks that allow for the manufacture, distribution, research and development, and service of products intended for use within Palm Desert and �•• surrounding communities. The district is characterized as having a more urban setting with buildings located near roadways, shared and connected parking, and streetscapes with formal street tree arrangements. 25.16.030 Allowed Land Uses and Permit Requirements Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses and corresponding permit requirements for commercial and industrial districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The "Special Use Provisions" column in the table identifies the specific chapter or section where additional regulations for the specific use type are located within this ordinance. Use regulations in the table are shown with representative symbols by use classification listing: "P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an administrative use permit, "C" symbolizes uses that require approval of a conditional use permit, and "N" symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). ow 13 PLANNING COMMISSION RESOLUTION NO. 2706 Table 25.16-1: Use Matrix for Commercial and Industrial Districts Commercial/Industrial District (P=Permitted;A=Administrative Use Special Use err Permit; C=Conditional Use Permit; Provisions N=Not Permitted) OP PC-1 I PC PC-3 PC-4 F SI Residential Uses Caretaker housing N N N N N P 25.16.040.A Condominium C C C N C C 25.16.040.E Dwelling, duplex C C C C C C 25.16.040.E Dwelling, multifamily C C C C C C 25.16.040.13 Dwelling, single-family C C C N C C 25.16.040.E Group home C C N N C C 25.16.040.13 Single-room occupancies N N N N N C Homeless Shelter N N N N N P Recreation,Resource Preservation,Open Space,and Public Assembly Uses Amusement facility, indoors N N C C C N Amusement facility,outdoors N N N C C N Community facility N N N N N P Day care center N C C C C N Emergency shelters N P N N N P Entertainment facility, indoor N N N P P N Entertainment facility, outdoor N N N P P N Institution,educational C C C N N C Institution,general C N C N N C Institution, religious C N C N N C Open space(developed or natural) N P P N P N Recreation facility, commercial N N I P P P N Recreation facility, private N N N P P N Theater/auditorium N N P P N N Utility,Transportation, Public Facility,and Communication Uses Commercial communication tower C C C C C C 25.16.040.0 Commercial parking lot C N N N N N Public utility installation N N N N N P Public facility(utility or service) N N N N N P ago 14 PLANNING COMMISSION RESOLUTION NO. 2706 Utility facility N N C N N P Retail,Service,and Office Uses Adult entertainment N N N N N C 25.16.040.D Ancillary commercial A P P P N A 25.16.040.E Art gallery A P P P P C Art studio A P P P P C Bed and breakfast N A A A A N Business support services N N N N P P Cannabis Retail N C C C C N 25.34.120 Cannabis Testing Facilities C N N N N C 25.34.120 Convention and visitors bureau N N P N P N Drugstore N P P P N N Financial institution C P P P N N Grocery store N P P P N N 25.16.040.F Health club, gyms or studios N A P P P C Hotel N A A A P N Liquor store N P P P N N Liquor, beverage and food items shop N P P P P N Medical, clinic P N P P N N Medical, office P P P P N N Medical, hospital N N N N N C Medical, laboratory P N N N N P Medical office, accessory N N N N N P 25.16.040.G Medical, research facility P P N N N C Mortuary N N N N N P Office, professional P N P P P P Office, local government P N N N N P Office,travel agency P P P P P N Outdoor sales N N A A A A Personal services N P P P P N Restaurant A C C C P C 25.16.040.E/H Retail N P P P P N Retail, bulky items N N N P P N r Spa N N P P P N 15 PLANNING COMMISSION RESOLUTION NO. 2706 Time-share project N N N C C N Automobile and Vehicle Uses Automotive rental agency N N N N P P ftw Automotive gasoline station N N C C N C 25.34.090 Automotive service facility N N C C N P 25.34.090 Automotive sales new and used(Outdoor/Indoor) N N N N N C Automotive sales of accessory parts and supplies N N N P P N Vehicle storage facility N N N N N P 25.16.040.1 Industrial,Manufacturing,and Processing Uses Cannabis Cultivation N N N N N C 25.34.120 Cannabis Delivery N N N N N C 25.34.120 Cannabis Distribution N N N N N C 25.34.120 Cannabis Manufacturing N N N N N C 25.34.120 Industrial planned unit development N N N N N P Light industrial and research and development N N N N N P Maintenance facility N N N N N P Pest control facility N N N N N P Preparation of foodstuffs N N N N N P .rr Production of home and office decor accessories N N N N N P Warehouse or storage facility N N N N N P Temporary Uses See Section 25.34.080 1 The establishment may be permitted with an Administrative Use Permit but may be elevated to a Conditional Use Permit at the discretion of the ZA based on:parking, traffic,or other impacts. 25.16.040 Specific Use Standards The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix for Commercial and Industrial Districts): A. Caretaker Housing. Permitted only when incidental to and on the same site as a permitted or conditional use. B. Residential (mixed use). Residential uses may be established and maintained to be compatible with the permitted or the approved conditional uses in the vicinity. C. Commercial Communication Tower. All communication towers and antennas shall satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna Regulations). "'" 16 PLANNING COMMISSION RESOLUTION NO. 2706 D. Adult Entertainment. All uses defined as adult entertainment are required to meet the provisions established by Section 25.34.110 (Adult Entertainment Establishments). E. Commercial (ancillary). Applicable only to office and industrial complexes that occupy a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross leasable floor area and the total ancillary commercial uses, including restaurants, shall not exceed 25 percent of the gross leasable floor area of the complex. A Conditional Use Permit or Administrative Use Permit is required to review land-use compatibility and to ensure that adequate parking exists to serve the commercial use. F. Grocery Stores. Limited to a maximum building size of 10,000 square feet in PC-1, 30,000 square feet in PC-2, and 60,000 square feet in PC-3. G. Medical Offices, accessory. Permitted only when ancillary to and in conjunction with the operation of a hotel. H. Restaurants. Drive-through and drive-in facilities permitted by a Conditional Use Permit as follows: 1. Permitted locations. i. Within Freeway Commercial Overlay District ii. On the following streets and as indicated in Figure 25.10-2: Monterey Avenue and Portola Avenue from the northern city boundary to the north side of Gerald Ford Drive. r 2. Development standards. i. Drive-through lanes and window facilities shall be designed in a manner that they are screened and/or not visible from surrounding public streets. ii. Drive-through vehicle queue must be permanently screened and/or not visible from surrounding public streets. I. Vehicle Service and Storage Facility. The storage facility must be completely screened. 25.16.050 Development Standards The development standards included in Table 25.16-2 (Commercial and Industrial District Development Standards) are applicable to commercial and industrial districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) located in the zoning ordinance, are intended to assist property owners and project designers in understanding the City's minimum requirements and expectations for high-quality development. A. Special setback requirements. In addition to the setback requirements in Table 25.16-2 (Commercial and Industrial District Development Standards) the following special setback provisions apply: 17 PLANNING COMMISSION RESOLUTION NO. 2706 1. On interior lots in the PC zone districts, setbacks shall be the lesser of the setback requirement listed in Table 25.16-2 (Commercial and Industrial District Development Standards). For exterior lots or projects perimeter adjacent to public streets the setback standards below shall apply. Said setbacks shall be Now measured from the property line. 2. Building setbacks from planned street lines: D. Table 25.16-2: Setbacks from Planned Street Lines Street Type Setback Distance Freeway 50 feet Major 32 feet Arterial 32 feet Collector 25 feet Local 25 feet 3. Where commercial districts abut a residential district, a fence or wall that is six (6) feet in height shall be located adjoining the property line except adjoining a required front yard. All commercial district property lines adjoining a residential district shall be landscaped with plant materials for an area 10 feet in depth. 4. All unpaved areas shall be landscaped and treated or maintained to eliminate dust. B. Exceptions. Development standards within the PC districts may be modified through the Precise Plan process as specified in Section 25.72.030Special standards within the Service Industrial (SI) district. Sound emanating from industrial properties shall be muffled so as not to become objectionable due to intermittence, beat frequency, or shrillness. The measurements of sound shall be measured at the lot lines and shall be measured in decibels with a sound level meter and associated octave band filter, manufactured according to standards prescribed by the American Standards Association. Maximum permissible sound pressure levels shall comply with the limits at table 25.16-2 and the following standards: ..r 18 PLANNING COMMISSION RESOLUTION NO. 2706 Table 25.16-3: Maximum Permitted Decibels Octave Band in Cycles- Adjacent Residential District Lot Line of;tse In the SI Secon decibels Boundaries(decibels) Zo dec ibets 0-75 72 79 76-150 59 74 151-300 52 66 301-600 46 59 601-1200 42 53 1201-2400 1 39 47 2401-4800 34 41 Above 4800 32 39 1. The maximum sound pressure level in decibels shall be 0.002 dynes per square centimeter. 2. Toxic gases or matter shall not be emitted which can cause any damage to health, animals, or vegetation, or other forms of property, or which can cause any excessive soiling beyond the lot lines of the use. 3. Vibration from any machine, operation, or process which can cause a displacement of .003 of 1 inch as measured at the lot lines of the use shall be prohibited. Shock absorbers or similar mounting shall be allowed, which will reduce vibration below .003 of 1 inch as measured at the lot lines. 4. Glare and heat from any source shall not be produced beyond the lot lines of the use. 5. Storage of refuse, trash, rubbish, or other waste material outside a permanent building shall be kept in enclosed containers in areas other than the front and side yards. 6. Lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking areas, loading and unloading areas, and the like shall be shielded, focused, directed, and arranged as to prevent glare or direct illumination on streets or adjoining property. 7. Unless specific additional uses are permitted by the certificate of occupancy, the use of radioactive materials within the SI district shall be limited to measuring, gauging and calibration devices, as tracer elements, in x-ray and like apparatus, and in connection with the processing and preservation of foods. In no event shall radioactivity, when measured at each lot line, be in excess of 2.7 x 10-11 micro curies per milliliter of air at any moment of time. sow 8. Electrical and electronic devices and equipment shall be suitably wired, shielded, and controlled so that in operation they shall not, beyond the lot lines, emit any 19 PLANNING COMMISSION RESOLUTION NO. 2706 electrical impulses or waves which will adversely affect the operation and control of any other electrical or electronic devices and equipment. (Ord. 96 § 1, 1975, Exhibit A § 25.20-7.16) m oo C. Special standards within the Office Professional (OP) district. 1. When adjacent to single-story residential, the rear and exterior side yard setbacks shall be increased by 6.43 feet for each foot of building height above 18 feet up to 25 feet tall. See table below: Table 25.16-4: Additional Setback in OP District Height Setback Distance 19 feet 26.43 feet 20 feet 32.86 feet 21 feet 39.29 feet 22 feet 45.72 feet 23 feet 52.15 feet 24 feet 58.58 feet 25 feet 65 feet 2. Second-story Windows: Second-story windows are allowed to face adjacent single-story residential zones with sufficient screening; either with landscaping or another method as approved through the precise plan process. 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E ® £ G » ) w /f ° `E� a m \ � OR 6 2 \ � e 3 CL \ / a) f CL k ) ) t } § a G % \ } � 2 N \\ & f \� j m ) rj ) 7 2 \ f \ U / \ \ Q) \ a § g { \[ // 2 \ § v \ \ 2 // Q a \ /r %fE Q ) y R § \m A ) Z] Em \ f } 2s° 8 \ t @@ ) tc r \ \ ƒ) LU ) w\ yk \)\ 04 @® / En / S O \wj � %/ fk3 z \] $% \\ §2g 2 / Ekk \ \ tn" )) \ \2 Z t/ ® k{ {§ { 0 / k k&\ kk/) 5kf U) Ci t o W \/�f2CU / § t Ea ; m& w\ §$ S m2c � »o * % Q $ mcocm � ƒ2 \ cn c En f� qCL,\UU) LO0 ]-q # ƒ2E « \%a � o . —Q � E E 2-I) °k@t ) mwO47o ® Q co : #/CL {f \ r / / / \ {QQmm mg -M 0 § � 6 C1 %m c c Zi U) Q) 2 = 7 � CZ ' 77-r_2 & � Z o e _ 5 2 Co r m2 (/ Rk 07 b \ Cl)w wG RC6(3i a. ƒ \ o ) } PLANNING COMMISSION RESOLUTION NO. 2706 Exhibit C - 25.18.040 Land Use and Permit Requirements too Amend Table 25.18-1. "Use Matrix for Downtown Districts" to the following: Land Use Zone Special Use Provisions D D-O DE DE-O Retail, Service, and C?ffice Uses F Cannabis Retail C N N N 25.34.120 Cannabis Testing Facilities C N N N 25.34.120 wrr. err 23