Planning Commission
MEETING DATE: 11/2/2016
Title
CASE NO. Conditional Use Permit No. 16-021
APPLICANT: Lean Green Industries, Bernard Steimann
LOCATION: 68721 Summit Drive (APN: 687-162-004)
REQUEST: Consider a Conditional Use Permit Application to operate a medical cannabis business (cultivation site and manufacturing site) within an existing industrial building in the I-1 (Light Industrial) Zoning District located at 68721 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 No. 1 (Existing Facilities).
APPROVE Conditional Use Permit No. 16-021 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. 16-021, subject to the attached conditions of approval, and based on the following findings:
1. The medical cannabis business to be located at 68721 Summit Drive 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 16-003c) 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:
This project was continued by the Planning Commission at the October 5 and 19 meetings to allow the applicant additional time to address minor items and details associated with the medical cannabis business.
As the Planning Commission is aware, the City Council recently enacted a number of ordinances allowing 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 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.
The Local License application for a cultivation site was submitted on April 1, 2016, and amended to add a manufacturing site on August 18, 2016. The Conditional Use Permit application was submitted on June 1, 2016. The Local License application was reviewed by staff including the Police Department, the background check completed and the license was granted on August 31, 2016 (see Attachment 4).
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, service commercial, and a medical cannabis business. Pursuant to CCMC section 9.108.090, a combined cultivation and manufacturing site may only be located within the I-1 (Light Industrial) Zoning District.
Furthermore, no cultivation and 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 cultivation, 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 to the requirements and standards contained in the Cannabis Extraction for Commercial Manufacturing Facilities section of the Fire Department Development Guidelines (see Attachment 6).
The 7,729 square foot building is located on a 16,814 square foot site. The manufacturing/cultivation area will be approximately 4,649 square feet with the remaining area to be used for offices, storage and ancillary space.
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. However, 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 Conditions of Approval:
1. A trash enclosure shall be constructed per City standard.
2. Illuminated building address numbers, a minimum of 12 inches in height, shall be placed on the building.
3. The existing parking area shall be repaved, parking stalls striped and signed, and all existing broken or damaged sidewalk, curb, gutter and drive approach replaced and/or repaired.
4. The existing parking area shall be defined with curbs.
5. The asphalt area in front of the main entrance shall be removed and replaced with landscape.
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 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 Fire Department Development Guidelines