Planning Commission
MEETING DATE: 3/15/2017
Title
CASE NO. Conditional Use Permit No. 16-044
APPLICANT: We Care Cat City Inc., Greta Carter
LOCATION: 36450 Bankside Drive (APN: 687-312-016)
REQUEST: Consider a Conditional Use Permit Application to operate a medical cannabis business (dispensary and cultivation site) within an existing commercial building in the CBP-2 (Commercial Business Park) Zoning District located at 36450 Bankside Drive.
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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. 16-044 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. 16-044, subject to the attached conditions of approval, and based on the following findings:
1. The medical cannabis business to be located at 36450 Bankside Drive in the CBP-2 Zoning District is authorized as a conditional use per the City of Cathedral City Zoning Ordinance, Chapter 9.36.
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. 16-036) 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 is 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 two approved dispensaries located in the 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 street is East Palm Canyon Drive, which has 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 application was submitted on September 1, 2016 and Conditional Use Permit application for a dispensary and cultivation site was submitted on November 1, 2016. The Local License application was reviewed by staff including the Police Department, the background check completed and the licenses were granted on November 23, 2016 (see Attachment No. 5).
On February 1, 2017, the Architectural Review Subcommittee reviewed the plans and recommended the project move forward to the Planning Commission incorporating the following changes:
1. Provide sufficient lighting for the parking area.
2. Provide a lockable cover for the existing ladder.
3. Provide additional shade trees in the parking area.
4. The pilaster at the gate shall be decorative.
5. Ensure the pedestrian gate is ADA compliant.
6. The landscape plan shall incorporate sustainable plants.
7. The applicant shall remove the Ocotillo plants and replace them with another plant.
8. Relocate the agave plants, so they will not be harmful to the public.
9. Provide slight mounding in the landscaping area.
The changes have been incorporated into the site 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 CBP-2 (Commercial Business Park) Zoning District. The surrounding uses include retail and service uses, automobile body and repair facilities, and medical cannabis businesses. Pursuant to CCMC section 9.108.090, a combined dispensary and cultivation site may only be located within the I-1 (Light Industrial), CBP-2 (Commercial Business Park), or PCC (Planned Community Commercial) Zoning Districts.
Furthermore, a combined dispensary and cultivation site shall not be located: a) within six-hundred (600) feet of a school, day care center, or youth center; or b) within two-hundred and fifty (250) feet of East Palm Canyon Drive or a residential zone. Staff has confirmed that the subject location does not violate any of the applicable location restrictions set forth in the CCMC.
The existing one-story building is approximately 8,054 square feet on a 20,768 square foot site. The applicant is proposing to have a dispensary area, office area and ancillary space of approximately 1,934 square feet and a cultivation area of approximately 6,120 square feet. There is no additional square footage proposed to the building. Therefore, there are no issues with setbacks or building height.
The applicant is proposing to redesign the parking area at the rear of the building, establishing it as the primary parking for customers of the dispensary. The area will include new landscape planters, new trash enclosure (per City standard) and an ADA compliant sidewalk. A separate loading area will be located near the front of the building. The proposed uses will require 14 parking spaces, 16 parking spaces are provided, including two ADA spaces (one will be van accessible).
The building will also be redesigned, relocating the main entrance (to the dispensary) to the rear of the building. The exterior of the building will be modified by incorporating three (3) corrugated metal “pop-out” elements on the north, west, and south elevations, removing several windows and enclosing the existing storefront. The front elevation which is visible from the street (Bankside Drive) will be architecturally enhanced by the “pop-out” element, and with the existing windows, will maintain a street presence. The building will be painted a light color with a dark band/trim color to accent the architectural theme of the building. An architecturally compatible corrugated metal screen wall will be added to screen the roof mounted equipment.
Upon inspection of the site, there were a number of other concerns that the applicant has agreed to address and have been incorporated into the plan and/or Conditions of Approval:
1. A new trash enclosure shall be constructed per City standard.
2. The existing parking area shall be repaved, parking stalls restriped and signed in accordance with ADA (Americans with Disabilities Act) standards.
3. The applicant shall construct a sidewalk along Bankside Drive to the satisfaction of the City Engineer.
4. All existing broken or damaged curb, gutter and drive approaches shall be replaced and/or repaired as determined by the City Engineer.
5. Illuminated building address numbers, a minimum of 8 inches in height, shall be placed on the building, plainly visible from the street, and be internally or externally illuminated.
6. Landscaping shall be renovated to comply with current City design standards and requirements.
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 No. 6).
ATTACHMENTS:
Attachment 1: Conditions of Approval
Attachment 2: Site Plan
Attachment 3: Floor Plan
Attachment 4: Exterior Elevations
Attachment 5: Local License
Attachment 6: Public Hearing Notice