HomeMy WebLinkAboutRes No 27311
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PLANNING COMMISSION RESOLUTION NO. 2731
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR
A RETAIL CANNABIS BUSINESS WITH LIMITED MANUFACTURING
LOCATED AT 78-010 COUNTRY CLUB DRIVE; AND ADOPTING A NOTICE
OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NO: CUP 17-0015
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of August 2018, hola a duly noticed public hearing to consider the request by
Healing of the Nation (H.O.T.N.) Club for approval of the above -noted; and
WHEREAS, the City Council of the City of Palm Desert adopted Ordinance No. 1329,
allowing commercial cannabis businesses, including retail dispensaries, within the City; and
WHEREAS, Ordinance No. 1329 established comprehensive regulations for
commercial cannabis businesses, including standards for business operations, and permit
requirements; and
WHEREAS, the applicant has submitted a Conditional Use Permit (CUP) and
Cannabis Regulatory Permit to operate a retail cannabis business with limited manufacturing,
and provided all required information including a business plan, security plan, neighborhood
and community outreach plans, and background information, in accordance with the City's
commercial cannabis business requirements; and
WHEREAS, the location of the retail cannabis business is located in the City's
"Planned Commercial" zoning district and, meets the City's separation and distance
requirements, is permitted subject to the approval of a CUP and Cannabis Regulatory Permit;
and
WHEREAS, the applicant has demonstrated compliance with the City's 1000-square-
foot separation requirements from schools, daycares, and youth centers; and
WHEREAS, nuisance issues, including, but not limited to, odor and security, are
mitigated in accordance with the City's cannabis regulations, and the project is conditioned
to respond to any issues immediately or be subject to revocation of said cannabis regulatory
permit; and
WHEREAS, the project complies with the goals and policies contained in the City's
General Plan that promote a diverse, growing, and resilient local economy; and
WHEREAS, pursuant to section 21067 of the Public Resources Code, Section 15367
of the State California Environmental Quality Act (CEQA) Guidelines (California Code
Regulations, Title 14, § 15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA
Guidelines, the City is the lead agency for the proposed project; and
PLANNING COMMISSION RESOLUTION NO. 2731
WHEREAS, as the lead agency, the City has reviewed the proposed project and
determined that, as the business is locating in an existing developed building and site, that
the project is exempt under Section 15301, Class 1 "existing facilities" of the CEQA and that
the Planning Commission can adopt a Notice of Exemption of environmental review; and
WHEREAS, as contained herein, the City has endeavored in good faith to set forth
the basis for its decision on the proposed retail cannabis business; and
WHEREAS, all of the findings and conclusions made by the City pursuant to this
Resolution are based upon the oral and written evidence before it as a whole; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the Planning
Commission did make the following findings to justify the approval of said request:
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
SECTION 1. Recitals. The Planning Commission of the City of Palm Desert hereby
finds that the foregoing recitals are true and correct and are incorporated herein as substantive
findings of this Resolution.
SECTION 2. Compliance with the CEQA. As the approving authority for the project, the
Planning Commission has reviewed and considered the information contained in the application
and administrative record on file with the City and available for review at 73-510 Fred Waring
Drive, Palm Desert, California. The Planning Commission finds that a Notice of Exemption can
be adopted in compliance with the CEQA guidelines (Public Resources Code § 21000 et seq.
"CEQA").
SECTION 3. Findings on Conditional Use Permit. In approving this project, the Planning
Commission makes the following findings in accordance with Palm Desert Municipal
Code (PDMC) Section 25.72.050:
1. That the proposed location of the conditional use is in accordance with the
objectives of this title and the purpose of the district in which the site is located.
The purpose of the Planned Commercial (PC) zoning district is to provide flexibility
for a mix of uses, including retail, medical, and other commercial and residential
operations and allows commercial cannabis businesses to be considered through
a CUP. The Planned District Commercial zoning district further provides
convenient shopping opportunities outside of the downtown core area. The
proposal to establish a retail dispensary cannabis business at this location
complies with the City's goals and the objectives of the zoning designation, and
the City's "Commercial Cannabis Business and Personal Cultivation" and the
"Commercial Cannabis Business Regulatory Permit" ordinances by providing a
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PLANNING COMMISSION RESOLUTION NO. 2731
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detailed business plan, security plan, odor control plan, neighborhood and
community outreach plans, and background check information. The conditional
allowance of this use at this site complies with the objectives and purpose of the
Planned Commercial zoning district and exceeds the minimum separation
requirements established in cannabis ordinances.
2. That the proposed location of the conditional use and the conditions under which
it would be operated or maintained will not be detrimental to the public health,
safety, or welfare, or be materially injurious to properties or improvements in the
vicinity.
Voters of the State of California did in November 2016, vote and approve
Proposition 64 — the Control, Regulate and Tax Adult Use of Marijuana Act
(AUMA), to allow the adult use of cannabis subject to local ordinances. The City of
Palm Desert, in response to the voter -approved law, established a committee to
evaluate cannabis business potential in the City and found that cannabis
businesses are compatible with other general retail uses subject to conditions to
mitigate nuisances, such as odor and security. As designed, and as conditioned,
the establishment of a retail cannabis business at this location will not be
detrimental to the public health, safety, or welfare, as the use is designed to include
on -site security personnel, video surveillance, a UV filtration, negative air pressure,
and charcoal air filters, to mitigate security and odor nuisance concerns.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The proposed use complies with the development and use standards of the PC
zoning district, and the requirements listed in the City's comprehensive cannabis
regulation. No adjustments of variances are proposed for this use.
4. That the proposed conditional use complies with the goals, objectives, and policies
of the City's General Plan.
The proposed retail cannabis use complies with goals and objectives of the City's
General Plan, including Goals listed in Chapter 3 of the Land Use and Community
Character chapter, including Goals: 5.1, 5.3, 8.1, and Chapter 10 Goal 1.1. In
providing a retail space for the dispensing of cannabis, the applicant is complying
with the goals and objectives of the City's General Plan.
SECTION 5. Approval. The Planning Commission hereby approves the applied CUP
and Cannabis Regulatory Permit applications for the project.
SECTION 6. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City's office at 73-
510 Fred Waring Drive, Palm Desert, CA 92260.
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PLANNING COMMISSION RESOLUTION NO. 2731
SECTION 7. Notice of Exemption. The Planning Commission approves the Project and
directs City staff to file a Notice of Determination with the County of Riverside and the State
Clearinghouse within five (5) working days of any Project approval.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 7th day of August 2018, by the
following vote, to wit:
AYES: GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: DE LUNA
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RYAN STENDELL,
PLANNING COMMISSION SECRETARY
PH PRADETTO, CHAIRMAN
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PLANNING COMMISSION RESOLUTION NO. 2731
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CONDITIONS OF APPROVAL
CASE NO. CUP 17-0015
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file with the
Department of Community Development, as modified by the following conditions.
2. The applicant agrees that in the event of any administrative, legal or equitable action
instituted by a third party challenging the validity of any of the procedures leading to the
adoption of these project approvals for the retail use, or the project approvals themselves,
the applicant and City each shall have the right, in their sole discretion, to elect whether
or not to defend such action. The applicant, at its sole expense shall defend, indemnify,
and hold harmless the City (including its agents, officers, and employees) from any such
action, claim, or proceeding with counsel chosen by the City, subject to applicant's
approval of counsel, which shall not be unreasonably denied, and at the applicant's sole
expense. If the City is aware of such an action or proceeding, it shall promptly notify the
applicant and cooperate in the defense. The applicant, upon such notification, shall
deposit sufficient funds in the judgment of City's Finance Director to cover the expense
of defending such action without any offset or claim against said deposit to assure that
the City expends no City funds. If both Parties elect to defend, the Parties hereby agree
to affirmatively cooperate in defending the said action and to execute a joint defense and
confidentiality agreement in order to share and protect information, under the joint
defense privilege recognized under the applicable law. As part of the cooperation in
defending an action, City and the applicant shall coordinate their defense in order to make
the most efficient use of legal counsel and to share and protect information. Applicant
and City shall each have sole discretion to terminate its defense at any time. The City
shall not settle any third party litigation of project approvals without applicant's consent,
which consent shall not be unreasonably withheld, conditioned or delayed unless
applicant materially breaches this indemnification requirement.
3. In accepting this CUP and operating a business pursuant thereto, the applicant
acknowledges that the regulation of the production, distribution, sale, and use of cannabis
remains in flux due to the relative novelty of these uses and conflicts with federal
law. Applicant agrees that the applicant remains at risk and subject to all changes in
federal, state, and Palm Desert regulations, including the possibility of the discontinuance
of such uses or the imposition of additional requirements that render continuing
operations infeasible, and does not gain a vested right to continue to operate in any
particular manner, in any particular place, or at all.
4. The applicant shall work with the Community Development staff to ensure exterior lighting
meets the minimum standards for commercial lighting and security.
5. The retail cannabis use is limited to this location and the use described herein shall be
subject to the restrictions and limitations set forth herein which are in addition to the
approved use standards listed in the PDMC, and state statutes now in force, or which
hereafter may be in force.
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PLANNING COMMISSION RESOLUTION NO. 2731
6. Prior to issuance of a building permit for improvements and use contemplated by this
approval, the applicant shall first obtain permits and/or clearance from the following
agencies:
Coachella Valley Water District (CVWD)
Burrtec Waste Management
Fire Department
Evidence of said permit or clearance from the above agencies shall be presented to the
Department of Building & Safety at the time of issuance of a building permit for the use
contemplated herewith.
7. The retail cannabis use of this property shall not commence until the applicant can
provide the City's Community Development Department with proof of a license issued by
the State Bureau of Cannabis Control. Continued use of the property for cannabis
purposes is subject to the applicant maintaining a valid license from the State Bureau
and demonstrating on -going compliance with the City's Cannabis Regulatory Permit.
8. The premises shall be equipped with an odor absorbing ventilation and exhaust system
so that odors generated inside the cannabis business is not detected outside of the
business, anywhere on adjacent properties, public right-of-way, or in any exterior or
interior common areas or tenant spaces. As such, the applicant shall install odor
mitigation equipment in accordance with the plans on file as part of this application, and
to the satisfaction of the Building Official. Should odor issues arise, the Community
Development Department may require additional odor control measures to be employed.
At a minimum the applicant shall install the following:
A. Air filtration system with odor control that prevents internal odors from being
emitted externally.
B. Air systems that create negative air pressure between the cannabis business and
the exterior.
9. Security features shall be installed within the tenant lease spaces in accordance with the
plans on file as part of this application. All security features shall be installed and
maintained as specified in the City's Cannabis Regulatory Permit regulations.
10. The applicant is required to have on -site security personnel during business hours.
Security personnel shall be licensed with the State Bureau of Security and Investigative
Services.
11. The applicant shall comply with all applicable provisions of the PDMC Sections 5.101
(Commercial Cannabis Business Regulatory Permits), 8.38 (Personal Use of Cannabis),
and 25.34.120 (Commercial Cannabis Business and Personal Cultivation).
12. The applicant may use no more than 10% of their lease space for limited manufacturing
purposes. Manufacturing areas are limited to the storage room identified in the
applicant's floorplan and shall not be visible from public areas.
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PLANNING COMMISSION RESOLUTION NO. 2731
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13. Exterior building signs are not a part of this approval. All exterior building signs shall be
submitted to the Community Development Department along with a Sign Application for
staff review.
14. From the public right-of-way, no exterior evidence, other than a building sign to identify
the retail operation, of cannabis products is permitted.
15. All mechanical equipment, either roof or ground mounted, shall be screened from public
view. All such equipment shall be fully screened by the roof structure, parapet wall,
ground mounted walls, berming and/or landscape.
16. Any and all window and door security devices such as metal bars, gates, and shutters,
shall be installed within the interior of the building and screened from public view.
17. Operation of the cannabis business outside of these approvals and conditions shall
constitute a violation of the PDMC and shall be enforced pursuant to the provisions in
the PDMC. On -going violations which are not remedied within a timeframe established
by the Community Development Director may result in revocation of the CUP and
Cannabis Regulatory Permit.
BUILDING AND SAFETY DEPARTMENT:
18. This project shall comply with the latest adopted edition of the following codes:
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Residential Code its appendices and standards.
C. 2016 California Plumbing Code and its appendices and standards.
D. 2016 California Mechanical Code and its appendices and standards.
E. 2016 California Electrical Code.
F. 2016 California Energy Code.
G. 2016 California Green Building Standards Code.
H. 2016 California Administrative Code.
I. 2016 California Fire Code and its appendices and standards.
19. Dispensaries are a Group B/M occupancy.
20. Access to required toilet facilities for customers shall not pass through areas designated
for employee use only such as kitchens, food preparation areas, closets, storage rooms
or similar spaces.
21. Submit an exit plan that labels and clearly will show compliance with all required egress
features such as, but not limited to, common path of travel, the required number of exits
and separation, occupant Toad, required width, continuity, travel distance, elevators, etc.
CBC 1001.1.
22. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-
206).
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PLANNING COMMISSION RESOLUTION NO. 2731
23. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required
to be accessible. Please obtain a detail from the Department of Building and Safety.
24. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per PDMC, Title 5.
25. All contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per California
Labor Code, Section 3700.
26. Address numerals shall comply with Palm Desert Ordinance No. 1265 (PDMC 15.28.
Compliance with Ordinance 1265 regarding street address location, dimension, stroke of
line, distance from the street, height from grade, height from the street, etc. shall be shown
on all architectural building elevations in detail. Any possible obstructions, shadows,
lighting, landscaping, backgrounds or other reasons that may render the building address
unreadable shall be addressed during the plan review process. You may request a copy
of Ordinance 1265 or Municipal Code Section 15.28 from the Department of Building and
Safety counter staff.
27. Please contact the Department of Building & Safety Building at (760) 776-6420 regarding
the addressing of all buildings and/or suites.
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