Planning Commission
MEETING DATE: 5/3/2017
Title
CASE NO. Conditional Use Permit No. 16-041
APPLICANT: Valley Compassionate Care, Inc., Benno Pabst
LOCATION: 68374 Kieley Road (APN: 687-072-030)
REQUEST: Consider a Conditional Use Permit Application to operate a medical cannabis business (dispensary and cultivation site) within an existing industrial building in the I-1 (Light Industrial) Zoning District located at 68374 Kieley Road.
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STAFF PLANNER:
Pat Milos, Community Development Director
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. 16-041 subject to the attached Conditions of Approval and based on the findings contained in the staff report.
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FINDINGS:
APPROVAL OF AN EXEMPTION TO CEQA based on the finding that 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. 16-041, subject to the attached conditions of approval, and based on the following findings:
1. The medical cannabis business to be located at 68374 Kieley Road in the I-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 a local license (MCL No. 16-040- D & C) 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 number, type, and availability of dispensaries located in or near the proposed licensed premises are such that the issuance of a conditional use permit to the Applicant will not result in or add to an undue concentration of Dispensaries and/or result in a need for additional law enforcement resources. There are no approved dispensaries located in the immediate vicinity of the proposed dispensary. There is no evidence that any negative secondary effects associated with dispensaries are occurring in the area.
5. 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.
6. 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.
7. 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 streets is Cathedral Canyon Road, both have adequate capacity to serve the limited traffic that will be generated by the use.
8. 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 sites 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 Chapter 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.
A Local License and Conditional Use Permit for a dispensary and cultivation site application were submitted on October 18, 2016. The Local License application was reviewed by staff including the Police Department, the background check completed and the licenses were granted on March 28, 2017 (see Attachment No. 5 & 6).
On April 19, 2017, the Planning Commission considered the item and after deliberations, continued the item to the May 3, 2017 regularly scheduled meeting, to allow the applicant to revise the proposed architecture of the building based on the Planning Commission recommendations.
ANALYSIS:
The project site is located within the I-1 (Light Industrial) Zoning District. The surrounding uses include a construction materials supply company, an equipment rental facility, automotive body and engine repair and towing facilities. Pursuant to CCMC section 9.108.090, a dispensary and cultivation site may only be located within the I-1 (Light Industrial), CBP-2 (Commercial Business Park) Zoning District or PCC (Planned Community Commercial) Zoning Districts.
Furthermore, no combined dispensary and cultivation 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.
There is an existing two-story industrial building on the site. The applicant is proposing a 900 square foot dispensary, which will include a secured reception area, waiting room, lounge and restroom facilities, on the first floor of the front portion of the building. The entire second floor area and a portion of the first floor at the rear of the building, which is proposed to be enclosed, will be dedicated to cultivation use. The combined cultivation area is approximately 5,641 square feet.
Based on the proposed uses, four (4) off-street parking spaces for the dispensary and six (6) off-street parking spaces for the cultivation with a minimum of one ADA van accessible space are required. However, due to the limited width of the property and the location of the existing building, the applicant could only provide a total of eight (8) parking spaces (one ADA van accessible space and seven (7) regular parking spaces) with four (4) of those spaces located within the gated area and designated for employee parking. Section 9.58.010(B) of the Code authorizes the Planning Commission to approve a project that does not provide the requisite number of off-street parking spaces if the Commission finds that the reduction is justified.
The applicant is proposing to repaint the existing building with a similar color scheme to freshen the appearance, and will be removing the exterior metal staircase at the front of the building to open up the area and make the frontage more appealing. The existing landscaping will be renovated and curbs and landscape added along the north and east areas of the employee parking area.
Based on the recommendations received from the Planning Commission at the April 19, 2017 meeting, the applicant has revised the architecture. The revised proposal will retain a modified storefront for the dispensary including windows along the south and east elevations. Windows will be retained above the dispensary and new windows added along the entire second floor on the east elevation. Additionally, the lighting for the signs will be downlit. The applicant has provided revised plans and renderings of the proposed changes.
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 was continued from the April 19, 2017 Planning Commission meeting.
ATTACHMENTS:
Attachment 1: Conditions of Approval
Attachment 2: Revised Site Plan
Attachment 3: Revised Floor Plan
Attachment 4: Revised Renderings
Attachment 5: Local Cultivation License
Attachment 6: Local Dispensary License
Attachment 7: Public Hearing Notice