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HomeMy WebLinkAboutCC RES 2017-74RESOLUTION NO. 2017-74 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING SELECTION CRITERIA TO BE USED DURING THE REVIEW OF CONDITIONAL USE PERMITS FOR COMMERCIAL CANNABIS BUSINESSES 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 Califomia 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, Califomia 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 of the City of Palm Desert, California, did on the 12th day of October, 2017, hold a duly noticed public hearing to consider changes to the Municipal Code of the City of Palm Desert, and adopted Ordinance 1329 establishing commercial and personal cannabis regulations and a conditional use permit review process, and WHEREAS, Section 25.34.120(C)(1) provides a limit of six conditional use permits for retail cannabis businesses, including up to one on El Paseo; the City anticipates that there may be more applicants than available permits; and WHEREAS, Section 25.34.120(D) provides distance standards that may limit the number of conditional use permits in a given area; and WHEREAS, the City Council of the City of Palm Desert, Califomia, directed staff to establish a selection criteria for review of commercial cannabis business during the conditional use permit process to ensure that only quality operators are permitted in the City and to provide a basis for prioritizing applicants should the number of applicants exceed the number or locations of available conditional use permits; and WHEREAS, the selection criteria established in this resolution 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, Califomia as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the 72500.00707\30238865.1 DRAFT 10/17/17 RESOLUTION NO. 2017-74 following regulations to establish selection and prioritization criteria for commercial cannabis businesses are beneficial and appropriate to protect the health, safety and welfare of the residents and businesses of the City of Palm Desert. SECTION 2. Adoption of selection criteria for review of commercial cannabis businesses through the conditional use permit process as identified in Exhibit "A" attached to this Resolution implements Ordinance No. 1329. 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 City Council 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. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 26TH day of October, 2017, by the following vote, to wit: AYES: KELLY, WEBER, and JONATHAN NOES: NONE ABSENT: NESTANDE and HARNIK ABSTAIN: NONE ATTEST: -)RA ELLASSEN, ITYCLERK CITY OF PALM DESERT, CALIFORNIA 2 SABBY JON • HAN, MAYOR PRO TEM 72500.00707\30238865.1 DRAFT 10/17/17 RESOLUTION NO. 2017-74 EXHIBIT "A" Selection Criteria — Commercial Cannabis Businesses: The City recognizes that Palm Desert is an attractive place for business and that any potential cannabis business needs to be thoughtfully reviewed to ensure that values and priorities of the community remain ever present. Furthermore, the City anticipates that there may be more applicants for certain commercial cannabis business conditional use permits than allowed under Ordinance 1329. Therefore, the City has enacted, through Resolution, the following selection and prioritization process for prioritizing applications for commercial cannabis businesses. I. Completeness Review All commercial cannabis businesses are required to submit a Conditional Use Permit (CUP) application, with fee, to the City's Community Development Department. Applications will be reviewed for "completeness" to ensure that applicants have submitted all the required information necessary for review of the application. Only applications received within the first week of December 2017 ("initial review and prioritization period") and deemed complete will move on for review under the City's selection criteria. After the initial review and prioritization period, additional applications will be reviewed and processed according to date the application is accepted as complete and will not be subject to the review and prioritization process. II. Selection Criteria The following selection criteria will be used by the Department of Community Development to evaluate and prioritize CUPs for commercial cannabis businesses. Selection criteria listed below shall be scored on a 0 - 5 scale; with a maximum of 5 points per criteria. A maximum total of 95 points is available for each application. To obtain points, the applicant must demonstrate compliance with the criteria listed. Greater points are awarded to applicants who exceed the minimum standards listed in the selection criteria. 1. Location and Neighborhood Compatibility (35 points) a. Has the applicant secured a lease and do the CCRs permit the use? b. Is the location 1,000 feet away from schools, daycares, and youth centers? c. Are "sensitive uses" (places of worship, parks, pre-schools, drug or rehab centers) within 500 feet of the location? d. Has the applicant provided a detailed description of how the premises and exterior building areas will be managed so as to avoid nuisance, loitering, and other negative impacts on surrounding properties? e. Does the applicant identify adequate odor control measures? f. Is the operation plan prepared in accordance with Chapter 5.101? g. Is the proposed use located in an appropriate zoning designation? 3 72500.00707\30238865.1 DRAFT 10/17/17 RESOLUTION NO. 2017-74 2. Security Plan (10 points) a. Is a detailed security plan provided that includes descriptions for effective fire prevention, suppression, HVAC and alarm systems? b. Does the security plan identify all required elements contained in Chapter 5.101 and adequately address security for the particular site and operation? 3. Qualifications/Experience of Professionals (15 points) a. Does the applicant provide a viable business plan in accordance with Chapter 5.101? b. Does the applicant provide information demonstrating successful previous business experience? c. Do the principals of the business have successful business experience? 4. Building Facade and Interior Improvements (20 points)_ a. Does the applicant provide a detailed tenant improvement plan that identifies all interior improvements? b. Are the interior improvements attractive and in keeping with traditional retail or industry standards? c. Are the exterior facade improvements attractive, suitable for Palm Desert's image and climate, and enhance the surrounding areas? d. Does the applicant provide a detailed architectural plan for building facade improvements? 5. Community Benefits (15 points) a. Does the applicant provide an effective community outreach plan for nearby and adjacent land uses? b. Does the applicant describe credible benefits to the overall community, local economy, and any community or non-profit contributions or affiliations? c. Does the applicant provide any additional community benefits described in either their business plan or other documentation submitted as part of the CUP? III. Lottery. Applications for retail/dispensaries, cultivation, manufacturing, delivery and distribution, which receive tie scores from the selection criteria, will be entered in to a lottery based on the category of their use. The first lottery winner will be plotted on a map, along with a 1,500-foot radius, to determine if any other applications are eliminated by the required separation distance. This process will be repeated until all applications have been selected. 4 72500.00707\30238865.1 DRAFT 10/17/17