Planning Commission
MEETING DATE: 1/17/2018
Title
CASE NO. Conditional Use Permit No. 17-033
APPLICANT: CC Pros LLC, Gabriel Lujan
LOCATION: 68301 Kieley Road (APN: 687-073-028)
REQUEST: Consider a Conditional Use Permit application to operate a cannabis business (cultivation, manufacturing, and distribution and transportation site) within an existing commercial building in the l-1 (Light Industrial) Zoning District located at 68301 Kieley Road.
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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. 17-033 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 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. 17-033, subject to the attached conditions of approval, and based on the following findings:
1. The cannabis business to be located at 68301 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 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 cannabis business will comply with all relevant building codes, zoning, and the ADA.
3. The cannabis business fully complies with and meets all operating criteria required pursuant to State Laws, Chapter 5.88 of the Cathedral 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. 17-024) in accordance with Chapter 5.88 of the CCMC, and in granting the local license the City Manager determined that the cannabis business was in compliance with all applicable laws regarding the operation of the business.
4. The 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 cannabis businesses in certain zones, the City Council has determined that 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 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 cannabis business meets all site development standards.
6. The site for the 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 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 cannabis businesses (dispensaries, cultivation, manufacturing and distribution and transportation sites) within certain zoning districts of the City, subject to a Conditional Use Permit (CUP). The ordinances regulating cannabis businesses are codified at CCMC Chapters 5.88 and 9.108 (the “Ordinance”).
Under the ordinance, cannabis businesses are required to obtain both a cannabis license (local license) and CUP. For the local license, applicants are required to submit various documents such as the ownership structure of the cannabis business, a general description of the products and services to be provided, security, and delivery plans. In addition, all owners, directors, officers and persons who are managing or otherwise responsible for the activities of a proposed 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, manufacturing, and distribution and transportation site was submitted on August 17, 2017. The Conditional Use Permit (CUP) for cultivation, manufacturing, and distribution and transportation site was submitted on September 12, 2017. The Local License application was reviewed by staff including the Police Department, the background check completed and the cultivation, manufacturing distribution, and transportation licenses were granted on October 24, 2017 (see Attachment No. 6, 7 and 8).
The .32-acre site is located on the southeast corner of Kieley Road and Campbell Street, and has an existing single-story building on it. The building is located at the north end of the site and spans across the entire width of the lot, and the parking area at the center of the site.
The Architectural Review Committee (ARC) provided a preliminary review of the project on November 15, 2017 and had only one comment:
1. Incorporate 4” to 8” rock within the retention area.
The plans were revised and the project was reconsidered by the Architectural Review Committee (ARC) on December 6, 2017. The project was approved to move forward to the Planning Commission with no additional revisions. 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, public storage facility, and a vehicle towing 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. Additionally, a distribution and transportation facility may be located within PCC (Planned Community Commercial), I-1 (Light Industrial) or CBP-2 (Commercial Business Park) Zoning Districts.
Furthermore, no cultivation, manufacturing, or distribution and transportation 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 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 No. 10).
The existing two canopies, attached to the east and south sides of the building, will be enclosed, bringing the total square footage of the building to approximately 4,304 square-feet. This will include 1,008 square feet of cultivation, 1,528 square feet of warehouse, 338 square feet of manufacturing area, 445 square feet of distribution area, and 985 square feet dedicated to a waiting room, lounge, dressing room, bathrooms and ancillary space.
The existing parking area is located at the center of the site and will be improved to have seven (7) parking spaces including one ADA van accessible space and will feature multiple landscape planters, landscaping around the parking area, a new trash enclosure and sidewalk. A new retention basin will be located towards the rear of the property.
Along the street frontage, the existing landscape area will be renovated with a desertscape scheme and construction of a new ADA compliant sidewalk. A new decorative block wall and tubular steel sliding gate will be installed along Campbell Street.
The building will be redesigned in a Modern architectural style. The front and side elevations, facing Kieley Road and Campbell Street, will be enhanced with rock veneer at the base and northwest corner of the building and rectangular windows proposed along both sides. The entire building will be painted with a dark and light gray color scheme, complementing the Modern style architecture.
ENVIRONMENTAL ANALYSIS:
Categorical Exemption under Section No. 15301, Class No. 1 (Existing Facilities) of the State CEQA Guidelines, which allows tenant improvements and additions of less than 2,500 square feet to existing buildings to be exempt.
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. 9).
ATTACHMENTS:
Attachment No. 1: Conditions of Approval
Attachment No. 2: Site Plan
Attachment No. 3: Floor Plan
Attachment No. 4: Elevations
Attachment No. 5: Landscape Plan
Attachment No. 6: Local License Cultivation
Attachment No. 7: Local License Manufacturing
Attachment No. 8: Local License Distribution and Transportation
Attachment No. 9: Public Hearing Notice
Attachment No. 10: Cathedral City Fire Department Guidelines