HomeMy WebLinkAboutRes No 27381
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PLANNING COMMISSION RESOLUTION NO. 2738
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT FOR A MANUFACTURING AND DISTRIBUTION CANNABIS
BUSINESS LOCATED AT 77-700 ENFIELD DRIVE; AND ADOPTING A
NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
CASE NO: CUP 17-0030
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of August 2018, hold a duly noticed public hearing to consider the request by
P&S Ventures for approval of the above -noted, and at said public hearing the Planning
Commission continued the public hearing to their next meeting on the 21st day of August
2018; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 21st day of August 2018, continued the request to a date uncertain and closed the public
hearing to allow staff to re -notice the public hearing and address the increase in the
applicant's operations; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of September 2018, after hearing all testimony at the public hearing, did
approve the proposed use subject to conditions; and
WHEREAS, the City Council of the City of Palm Desert adopted Ordinance No.
1329, allowing commercial cannabis businesses, including cannabis cultivation and
manufacturing, 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 manufacturing and distribution cannabis business,
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 cannabis manufacturing and distribution business is
located in the City's "Service Industrial" 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
PLANNING COMMISSION RESOLUTION NO. 2738
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
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 (Pub. Res. Code § 21000 et seq.:
"CEQA") and the State CEQA Guidelines.
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:
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PLANNING COMMISSION RESOLUTION NO. 2738
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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 Service Industrial zoning district is to allow the development
of traditional business parks that allow for manufacturing, distribution, research
and development, and service of products. The proposal to establish a cannabis
manufacturing and distribution facility 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 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 Service Industrial 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 industrial uses subject to
conditions to mitigate nuisances, such as odor and security. As designed, and as
conditioned, the establishment of a cannabis manufacturing and distribution
facility 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
Service Industrial 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
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PLANNING COMMISSION RESOLUTION NO. 2738
Goal 1.1. In providing a manufacturing and distribution space for the
manufacturing of cannabis products, 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.
SECTION 7. Notice of Exemption. The Planning Commission approves the Project
and directs 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 18th day of September 2018, by
the following vote, to wit:
AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: GREGORY
ABSTAIN: NONE
ATTEST:
RYAN STENDELL,
PLANNING COMMISSION SECRETARY
1,9t PH PRADETTO, CHAIRMAN
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PLANNING COMMISSION RESOLUTION NO. 2738
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CONDITIONS OF APPROVAL
CASE NO. CUP 17-0030
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 cannabis manufacturing and distribution use is limited to this location and the use
described herein shall be subject to the restrictions and limitations set forth herein which
are in addition to the approved use standards listed in the PDMC, and state statutes now
in force, or which hereafter may be in force.
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PLANNING COMMISSION RESOLUTION NO. 2738
5. Prior to issuance of a building permit for improvements and use contemplated by this.
approval, the applicant shall first obtain permits and/or clearance from the following
agencies:
Coachella Valley Water District (CVWD)
Burrtec Waste Management
Fire Department
Evidence of said permit or clearance from the above agencies shall be presented to the
Department of Building & Safety at the time of issuance of a building permit for the use
contemplated herewith.
6. The cannabis manufacturing and distribution 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.
7. The premises shall be equipped with an odor absorbing ventilation and exhaust system
so that odors generated inside the cannabis business is not detected outside of the
business, anywhere on adjacent properties, public right-of-way, or in any exterior or
interior common areas or tenant spaces. As such, the applicant shall install odor
mitigation equipment in accordance with the plans on file as part of this application, and
to the satisfaction of the Building Official. Should odor issues arise, the 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.
8. Security features shall be installed within the tenant lease spaces in accordance with
the plans on file as part of this application. All security features shall be installed and
maintained as specified in the City's Cannabis Regulatory Permit regulations.
9. The applicant is required to have on -site security personnel during business hours.
Security personnel shall be licensed with the State Bureau of Security and Investigative
Services.
10. The applicant shall comply with all applicable provisions of the PDMC Sections 5.101
(Commercial Cannabis Business Regulatory Permits), 8.38 (Personal Use of
Cannabis), and 25.34.120 (Commercial Cannabis Business and Personal Cultivation).
11. 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.
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PLANNING COMMISSION RESOLUTION NO. 2738
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12. From the public right-of-way, no exterior evidence, other than a building sign to identify
the retail operation of cannabis products is permitted.
13. 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.
14. 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.
15. There shall be no on -site business activity or operations on Sundays. All business
activity and operations shall cease by 5:00 p.m. the remaining business days.
16. There shall be no exterior building -mounted signage indicating that the business is a
cannabis facility.
17. The applicant shall construct a six (6)-foot-high block wall along the western property
line.
18. There shall be no on -site retail operations at this location.
19. 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:
20. This project shall comply with the latest adopted edition of the following codes:
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Plumbing Code and its appendices and standards.
C. 2016 California Mechanical Code and its appendices and standards.
D. 2016 California Electrical Code.
E. 2016 California Energy Code.
F. 2016 California Green Building Standards Code
G. 2016 California Administrative Code.
H. 2016 California Fire Code and its appendices and standards.
21. Provide the following design data on the first sheet:
A. Occupancy group(s).
B. Type(s) of construction, including fire sprinklers CBC Section 107.2.
22. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per PDMC, Title 5.
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PLANNING COMMISSION RESOLUTION NO. 2738
23. All contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
24. Address numerals shall comply with Palm Desert Ordinance No. 1310 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1310 regarding street address
location, dimension, a stroke of line, distance from the street, height from grade, height
from the street, etc. shall be shown on all architectural building elevations in detail. Any
possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons
that may render the building address unreadable shall be addressed during the plan
review process. You may request a copy of Ordinance 1310 or Municipal Code Section
15.28 from the Department of Building and Safety counter staff.
25. Please contact the Department of Building and Safety (760-776-6420) regarding the
addressing of all buildings and/or suites.
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