Planning Commission
MEETING DATE: 4/18/2018
Title
CASE NO. Conditional Use Permit No. 17-025
APPLICANT: Cathedral Green, Andrew Gay
LOCATION: 36331 Cathedral Canyon Drive (APN: 687-322-010)
REQUEST: Consider a Conditional Use Permit application to operate a cannabis business (cultivation site) within an existing commercial building in the l-1 (Light Industrial) Zoning District located at 36331 Cathedral Canyon.
End
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. 17-025 subject to the attached Conditions of Approval and based on the findings contained in the staff report.
Body
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. 17-025, subject to the attached conditions of approval, and based on the following findings:
1. The cannabis business to be located at 36331 Cathedral Canyon Drive 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 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. 17-017) 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 (cultivation 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 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 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.
Local License and CUP applications for a cultivation site were submitted on May 18, 2017. The Local License application was reviewed by staff including the Police Department, the completed background check, and the cultivation license was granted on August 1, 2017 (see Attachment 6).
The existing single-story building is located on the southwest corner of Perez Road and Cathedral Canyon Drive and was previously occupied by a retail flooring center. The site has multiple points of ingress and egress from both streets, limited parking on both frontages, a non-conforming trash enclosure and a roll-up door on the north elevation.
The Architectural Review Committee (ARC) reviewed the project on January 17, 2018 and approved the project to move forward to Planning Commission with the following comments:
1. The existing windows shall be replaced with full height storefront windows and framed from the inside to create a space for art.
2. Trim the width of the upper portion of the tower to line up with the inside of the lower columns.
3. Remove the arches between the columns.
5. Provide one additional Palm Tree approximately 40-50 feet tall within the corner planter.
6. Provide landscaping to screen the proposed trash enclosure.
The changes have been incorporated into the site, landscape 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 l-1 (Light Industrial) Zoning District. The surrounding uses include automobile repair, cannabis businesses and retail and service use businesses. Pursuant to CCMC section 9.108.090, a cultivation site may only be located within the PCC (Planned Community Commercial), I-1 (Light Industrial) or CBP-2 (Commercial Business Park) zoning Districts.
Furthermore, no 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.
The single-story building is approximately 6,361 square feet and will be comprised of 4,627 square feet of cultivation space, 216 square feet of office and 1,518 square feet of ancillary space including a lounge and restroom.
There are number of improvements proposed to the site including the construction of a new trash enclosure per City standard, designation of a loading area, redesigned parking areas that will be repaved and restriped including a designated van accessible handicapped parking space and ADA path of travel and renovation of the existing landscaping.
The building will be redesigned in a Spanish architectural style featuring an approximately 19’ high corner tower element with stone veneer and decorative wrought iron and the building painted in a complementary brown and tan color scheme. An accent tile band will be installed on the east and north elevations which will complement the design of the building. The existing canopy and the new equipment screen wall on the roof will be painted to match the building. The existing windows on the east and north elevations will remain as full height windows that will feature a changeable art gallery.
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 7).
ATTACHMENTS:
Attachment 1: Conditions of Approval
Attachment 2: Site Plan
Attachment 3: Floor Plan
Attachment 4: Elevations
Attachment 5: Landscape Plan
Attachment 6: Local License Cultivation
Attachment 7: Public Hearing Notice