Planning Commission
MEETING DATE: 1/18/2017
Title
CASE NO. Conditional Use Permit No. 14-011B
APPLICANT: Green Cross Pharma, Maria Scagliotti
LOCATION: 68730 Summit Drive (APN: 687-161-026)
REQUEST: Consider an amendment to a Conditional Use Permit to allow cannabis manufacturing within an existing medical cannabis business in the I-1 (Light Industrial) Zoning District located at 68730 Summit Drive.
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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 1 (Existing Facilities).
APPROVE Conditional Use Permit Amendment No. 14-011B 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 1 (Existing Facilities) of the State CEQA Guidelines.
APPROVAL OF CONDITIONAL USE PERMIT NO. 14-011B, subject to the attached conditions of approval, and based on the following findings:
1. The medical cannabis business is located and operating at 68730 Summit Drive in the I-1 Zoning District and 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 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 16-029) 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 Perez Road, 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:
Green Cross Pharma received its initial entitlements on December 17, 2014 under the previous City Council ordinance which allowed three medical marijuana dispensaries to open and operate in the City, subject to a Conditional Use Permit (CUP). The facility received a Certificate of Occupancy on July 30, 2015.
Under the current ordinance, these previously approved dispensaries were required to obtain a medical cannabis license (local license) in compliance with Chapter 5.88. The applicant submitted for the local license (dispensary and cultivation site) on June 27, 2016 and received the Local License (MCL 16-029) on August 4, 2016. Subsequently, a Conditional Use Permit amendment (CUP 14-011A) to allow cultivation was approved by the Planning Commission on August 17, 2016.
On September 29, 2016, the licensee applied for a third medical cannabis license for manufacturing. The application was reviewed by staff including the Police Department, the background check completed and the license was granted on November 22, 2016 (see Attachment 4). The licensee also submitted an application to amend its Conditional Use Permit to allow manufacturing within the subject site.
There are no exterior changes proposed to the building. Therefore, no review from the Architectural Review Subcommittee is needed. 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 I-1 (Light Industrial) zoning district. The surrounding uses include automobile body and repair facilities, a roofing company, and a medical cannabis business. Pursuant to CCMC section 9.108.090, a manufacturing site may only be located within the I-1 (Light Industrial) Zoning District.
Furthermore, no manufacturing site shall be located: a) within six-hundred (600) feet of a school, day care center, or youth center; or 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.
In addition to the existing cultivation and dispensary facility, the applicant is proposing cannabis manufacturing. Due to the volatile nature of the majority of manufacturing processes, the Fire Department is required to review all proposals. 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 6).
The existing industrial building is approximately 4,000 square feet in size. Currently the applicant/owner is utilizing 1,500 square feet for dispensary activities as well as waiting room, restrooms, office and storage space. Approximately 2,350 square feet of space will remain dedicated to cultivation, with 150 square feet proposed to be used for manufacturing.
There are no exterior changes or the addition of square footage proposed to the building. Therefore, there are no issues with setbacks, building height or number of parking spaces. There are a number of manufacturing related concerns that the applicant has agreed to address and have been incorporated into the Conditions of Approval.
ENVIRONMENTAL ANALYSIS:
Categorical Exemption under Section No. 15301, Class 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 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 5).
ATTACHMENTS:
Attachment 1: Conditions of Approval
Attachment 2: Site Plan
Attachment 3: Floor Plan
Attachment 4: Local License
Attachment 5: Public Hearing Notice
Attachment 6: Cathedral City Fire Department Cannabis Guidelines