City Council
MEETING DATE: 5/23/2018
TITLE:
Title
Appeal of Planning Commission Denial of Conditional Use Permit 17-045 for B1 Canyon, LLC, 67555 East Palm Canyon Drive, Suite B
End
FROM:
Pat Milos, Community Development Director
RECOMMENDATION:
Recommendation
Staff recommends that the City Council hear an appeal of the decision of the Planning Commission to deny a Conditional Use Permit; hold a public hearing; and then reverse the Planning Commission decision, based upon the findings contained in the Staff Report, and approve Conditional Use Permit 17-045 subject to the conditions of approval attached to the staff report.
BACKGROUND:
The Applicant, Edlin Kim representing B1 Canyon, LLC, submitted application for a Conditional Use Permit (CUP) on November 21, 2017 to operate a cannabis business (cultivation site) in an existing commercial building within the Canyon Plaza Shopping Center in the PCC (Planned Community Commercial) Zoning District located at 67555 East Palm Canyon Drive, Suite B.
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.
The Local License and CUP applications for cultivation were submitted on November 21, 2017. The Local License application was reviewed by staff including the Police Department, the background check completed and the cultivation license was granted on December 18, 2017 (see Attachment 8).
The Architectural Review Committee (ARC) reviewed the project on April 4, 2018 and approved the project on a 5-0 vote with the condition that the chain link fence and gates along the southerly portion of the property shall be replaced with tubular steel fencing. This condition has been included in the Conditions of Approval and will be shown on the final site plan.
On May 2, 2018, the Planning Commission considered the project and after deliberations and public comments, denied the project on a 3-1 vote. On May 3, 2018, the applicant filed the necessary request and fee, within 10 days of the Planning Commission’s decision, to appeal the decision.
The administrative record for the Planning Commission meeting is attached to this staff report including: The Planning Commission Staff Report; proposed Conditions of Approval; Site Plan, Master Floor Plan, and Suite Floor Plan; Planning Commission Public Hearing Notice; Planning Commission Minutes of May 2, 2018; and the Applicant’s Appeal Letter.
DISCUSSION:
The project site is located within the PCC (Planned Community Commercial) Zoning District. The surrounding uses include retail and service businesses, restaurants and a cannabis business. 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 existing single-story building is approximately 106,724 square feet and is currently occupied by Mor Furniture. The building will be divided into eight suites. The suites will be of varying sizes with seven of the suites intended for cannabis related businesses, each requiring a separate CUP, and the remaining suite, approximately 7,500 square feet, is intended for a future Vista Paint store.
This proposed cannabis business will be located within Suite B. Suite B will be approximately 21,253 square feet and comprised of 20,000 square feet of cultivation and 1,253 square feet of common area.
There are a number of improvements proposed to the site including the retrofitting of the two existing trash enclosures to City standard, replacement of all the existing chain link fence and gates at the rear of the site with tubular steel, renovation of the existing landscaping, repaving and restriping portions of the north parking area and repaving a section of Canyon Plaza, a private street, at the rear of the site.
As recommended by the Architectural Review Committee, the building will be repainted with the existing color scheme. No other exterior changes to the building are proposed.
APPEAL TO CITY COUNCIL:
In accordance with Section 9.72.080 of the Cathedral City Municipal Code, any person aggrieved or affected by the final determination of the Planning Commission concerning an application for a Conditional Use Permit including any conditional requirement imposed on the project may appeal the decision within 10 calendar days. The Council may affirm, reverse or modify, in whole or in part, any final determination, condition or requirement of the Planning Commission.
It is staff’s recommendation that the City Council reverse the Planning Commission’s decision and approve Conditional Use Permit No. 17-045, based on the following 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. 17-045, subject to the attached conditions of approval, and based on the following findings:
1. The cannabis business to be located at 67555 East Palm Canyon Drive, Suite B, in the PCC Zoning District is authorized as a conditional use per the City of Cathedral City Zoning Ordinance, Chapter 9.30.
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 Disabilities Act (ADA), and all relevant City and State Laws. 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 in this conditional use permit. The applicant has been granted local license (MCL No. 17-032) 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 East Palm 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.
If the City Council desires to affirm the decision of the Planning Commission, the Council will need to point to substantial evidence in the record as to why one or more of the above findings cannot be made.
ENVIRONMENTAL ANALYSIS:
Staff has determined that the project meets all the conditions for a Categorical Exemption under Section No. 15301, Class No. 1 (Existing Facilities) of the State CEQA Guidelines.
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.
FISCAL IMPACT:
There is no direct fiscal impact related to this action.
ATTACHMENTS:
1. Planning Commission Public Hearing Notice
2. Planning Commission Staff Report
3. Planning Commission Conditions of Approval
4. Site Plan/Landscape Plan
5. Overall Master Floor Plan
6. Suite B Floor Plan
7. Color Elevations
8. Local License Cultivation
9. Minutes of the May 2, 2018 Planning Commission Meeting
10. Applicant’s Appeal Letter
11. City Council Public Hearing Notice for Appeal