Planning Commission
MEETING DATE: 12/6/2017
Title
CASE NO. Conditional Use Permit No. 17-015
APPLICANT: Kieley Growth Management, Yuhsin Wen
LOCATION: 68342 Kieley Road (APN: 687-072-026)
REQUEST: Consider a Conditional Use Permit application to operate a medical cannabis business (cultivation and manufacturing site) within an existing commercial building in the l-1 (Light Industrial) Zoning District located at 68342 Kieley Road.
End
STAFF PLANNER:
Salvador Quintanilla, Associate Planner
RECOMMENDATION:
Recommendation
APPROVE an exemption to the California Environmental Quality Act (CEQA) pursuant to Section No. 15301, Class No. 1 (Existing Facilities).
APPROVE Conditional Use Permit No. 17-015 subject to the attached Conditions of Approval and based on the findings contained in the staff report.
FINDINGS:
APPROVAL OF AN EXEMPTION TO CEQA based on the findings, the project qualifies as Categorically Exempt under Section No. 15301, Class No. 1 (Existing Facilities) of the State CEQA Guidelines.
APPROVAL OF CONDITIONAL USE PERMIT NO. 17-015, subject to the attached conditions of approval, and based on the following findings:
1. The medical cannabis business to be located at 68342 Kieley Road in the l-1 Zoning District is authorized as a conditional use per the City of Cathedral City Zoning Ordinance, Chapter 9.40.
2. The medical cannabis business as well as all operations as conducted therein, fully complies with all applicable building, electrical, zoning and fire codes, accessibility requirements of the Americans with Disability Act (ADA), and all relevant City and State Law. Staff has reviewed the site and floor plans submitted and determined that, as conditioned herein, the medical cannabis business will comply with all relevant building codes, zoning, and the ADA.
3. The medical cannabis business fully complies with and meets all operating criteria required pursuant to State Laws, Chapter 5.88 of the City Municipal Code (CCMC), any other provisions of the CCMC, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in this conditional use permit. The applicant has been granted local licenses (MCL No. 17-007) in accordance with Chapter 5.88 of the CCMC, and in granting the local license the City Manager determined that the medical cannabis business was in compliance with all applicable laws regarding the operation of the business.
4. The medical cannabis business is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. By allowing medical cannabis businesses in certain zones, the City Council has determined that medical cannabis businesses are necessary and desirable for the development of the community, is consistent with the general plan, and will not be detrimental to other uses in the zones.
5. The site for the medical cannabis business is adequate in size and shape to accommodate such use and any and all of the yards, setbacks and walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses on land in the neighborhood. The medical cannabis business meets all site development standards.
6. The site for the medical cannabis business relates properly to streets and highways which are designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use. The medical cannabis business primary collector street is Cathedral Canyon Drive, which has adequate capacity to serve the limited traffic that will be generated by the use.
7. The applicant agrees to comply with any and all of the conditions imposed by the Planning Commission or be subject to a revocation hearing.
BACKGROUND:
City ordinances allow for the establishment of medical cannabis businesses (dispensaries, cultivation, distribution and manufacturing sites) within certain zoning districts of the City, subject to a Conditional Use Permit (CUP). The ordinances regulating medical cannabis businesses are codified at CCMC Chapters 5.88 and 9.108 (the “Ordinance”).
Under the ordinance, medical cannabis businesses are required to obtain both a medical cannabis license (local license) and CUP. For the local license, applicants are required to submit various documents such as the ownership structure of the medical cannabis business, a general description of the products and services to be provided and security and delivery plans. In addition, all owners, directors, officers and persons who are managing or otherwise responsible for the activities of a proposed medical cannabis business must submit to a background check. The City Manager, or his designee, shall decide whether to approve or deny a local license application.
Local License and Conditional Use Permit (CUP) applications for a cultivation and manufacturing site were submitted on March 23, 2017. The Local License application was reviewed by staff including the Police Department, the background check completed and the cultivation and manufacturing licenses were granted on August 1, 2017 (see Attachment 6 and 7).
The .25-acre site is located on the north side of Kieley Road and has an existing single-story building on it. The building is located at the center of the site, and spans across the entire width of the lot, separating the front parking area from the rear of the site.
The Architectural Review Committee (ARC) initially reviewed the project on October 18, 2017 and had the following comments:
1. Revise the plans to match the conceptual sketch provided by the architect during the meeting.
2. Provide a detailed landscape plan.
3. Remove and replace the existing palm trees along the street with another species.
4. Remove the existing river rock design element from the front planter.
5. Replace the proposed Palo Verde Tree with the Tipuana Tipu Tree.
6. Identify the color of the Decomposed Granite.
The plans were revised and the project was reconsidered by the Architectural Review Committee (ARC) on November 15, 2017. The project was approved to move forward to the Planning Commission with only one comment:
1. Paint the perimeter wall gray, similar to the building color.
The changes have been incorporated into the site, landscape and architectural plans prior to the Planning Commission meeting. The Planning Commission will take final action on this matter unless it is appealed to the City Council.
ANALYSIS:
The project site is located within the l-1 (Light Industrial) zoning district. The surrounding uses include automobile repair and service shops, retail and service uses, and an equipment rental business. Pursuant to CCMC section 9.108.090, a combined cultivation and manufacturing site may only be located within the I-1 (Light Industrial) or CBP-2 (Commercial Business Park) Zoning Districts.
Furthermore, no cultivation and manufacturing site shall be located: a) within six-hundred (600) feet of a school, day care center, or youth center; b) within three hundred (300) feet of a residential zone, or C) within two hundred and fifty (250) feet of East Palm Canyon Drive. Staff has confirmed that the subject location does not violate any of the applicable location restrictions set forth in the CCMC.
The site is licensed for cultivation and manufacturing. However, at this time the applicant will use the facility for manufacturing only. The extraction equipment will be CO2 based and located within a separate room. The Fire Department has reviewed the proposal and approved the conceptual plan subject to the formal review and approval of a plan check submittal which shall comply with the requirements and standards contained in the Cannabis Extraction for Commercial Manufacturing Facilities section of the Fire Department Development Guidelines (see Attachment 9). If the applicant chooses to operate the cultivation part of the business, the CUP will need to be amended and approved by the Planning Commission.
The approximately 4,000 square foot building will include a 963 square-foot extraction room, a 705 square-foot processing room, a 963 square-foot packaging and refinement room and 1,369 square feet dedicated to offices, entry/clean room, bathrooms and ancillary space.
The existing parking lot area at the front of the site will remain and be modified to have six (6) parking spaces including one ADA van accessible space. The area will feature multiple landscape planters and landscaping around the parking area.
Along the street, at the front of the site, the existing landscaping will be renovated with a desertscape scheme. The applicant will construct new curb, gutter, ADA compliant sidewalk and driveway approach. A new shared driveway will be provided on the adjacent vacant lot (to the west), which is under the same ownership, to provide access to the rear of the site and the new loading area and trash enclosure. A reciprocal access agreement will be required.
The building will be redesigned in a Modern architectural style. The front (south) elevation, facing the street, will be enhanced by a main entry element and exposed concrete block at the corners of the building. The existing windows on the south elevation will be replaced with full height storefront windows. A perforated metal panel will be installed along the top of the building to screen the roof top mechanical equipment which will match the proposed standing seam metal of the entry element. The other elevations will be painted to match the front elevation.
ENVIRONMENTAL ANALYSIS:
Categorical Exemption under Section No. 15301, Class No. 1 (Existing Facilities) of the State CEQA Guidelines, which allows tenant improvements in existing buildings to be exempt. Since there is no outside expansion, this qualifies for a Class No. 1 Exemption.
NOTE: The City of Cathedral City Planning Department is custodian of the documents or other material, which constitute the record of proceedings upon which this decision is based.
PUBLIC NOTIFICATION:
This project and the environmental determination were noticed in accordance with the City Municipal Code and CEQA (see Attachment 8).
ATTACHMENTS:
Attachment 1: Conditions of Approval
Attachment 2: Site Plan
Attachment 3: Floor Plan
Attachment 4: Elevations
Attachment 5: Landscape Plan
Attachment 6: Local License Cultivation
Attachment 7: Local License Manufacturing
Attachment 8: Public Hearing Notice
Attachment 9: Cathedral City Fire Department Guidelines