Planning Commission
MEETING DATE: 8/15/2018
Title
CASE NO. Conditional Use Permit No. 18-011
APPLICANT: Landau Laboratories Inc., Georg Kallert
LOCATION: 68031 Ramon Road, Suite No. 104 & 105 (APN: 680-190-033)
REQUEST: Consider a Conditional Use Permit application to operate a cannabis business (testing laboratory) within an existing multi-tenant commercial building in the PCC (Planned Community Commercial) Zoning District located at 68031 Ramon Road, Suite Nos. 104 & 105.
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STAFF PLANNER:
Brenda Ramirez, 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. 18-011 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. 18-011, subject to the attached conditions of approval, and based on the following findings:
1. The cannabis business to be located at 68031 Ramon Road, Suite No. 104 and 105, 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 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 local licenses (MCL No. 18-004) 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 Ramon 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 subjected to a revocation hearing.
BACKGROUND:
City ordinances allow for the establishment of cannabis businesses (dispensaries, cultivation, testing laboratories, distribution/transportation and manufacturing 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 application for the testing laboratory was submitted on April 2, 2018. The Conditional Use Permit (CUP) was submitted on May 24, 2018. The Local License application was reviewed by staff including the Police Department, the background check completed and the testing laboratory license was granted on July 10, 2018 (see Attachment 5).
The project is only proposing tenant improvements and no exterior changes to the building. The project site was previously reviewed and approved by the Architectural Review Committee (ARC) on February 21, 2018 related to other cannabis projects, the Omega Group, Inc. (CUP No. 17-051) and Desert Oasis Group, Inc. (CUP No. 17-034). The building has since been painted and site improved to comply with the plans approved by the ARC and City requirements and standards. Therefore, the project was not reviewed by the ARC.
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 PCC (Planned Community Commercial) Zoning District. The surrounding uses include a bowling alley, U-Haul facility, retail shopping center, vacant lot and automotive service station. Pursuant to the CCMC, a testing laboratory may be located within the PPO (Planned Professional Office), PLC (Planned Limited Commercial), PCC (Planned Community Commercial), CBP-2 (Commercial Business Park), I-1 (Light Industrial) and NBP (Neighborhood Business Park) zoning districts. However, if the project is located within the PCC, CBP-2 or I-1 districts, a Conditional Use Permit is required.
The existing site has been divided into three (3) parcels: one parcel contains the parking lot, another parcel contains the bowling alley, and the remaining parcel contains the two-story multi-tenant commercial building where the cannabis business will be located.
The existing two-story building is approximately 19,414 square-foot (each floor is 9,707 square feet) and is comprised of several suites on each floor. The cannabis business will be located on the first floor and will be approximately 2,744 square feet, which includes a testing laboratory, office/lunch room, reception, storage, restroom, waiting area and other ancillary space.
There are a number of improvements that have recently been completed at the site including the repainting of the exterior of the building, replacement of the awning fabric, new sidewalk, landscaping, and slurry sealing and restriping of the parking lot on the north and west sides of the property.
ENVIRONMENTAL ANALYSIS:
Categorical Exemption under Section No. 15301, Class No. 1 (Existing Facilities) of the State CEQA Guidelines, 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 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 6).
ATTACHMENTS:
Attachment 1: Conditions of Approval
Attachment 2: Site Plan/Landscape Plan
Attachment 3: Floor Plan
Attachment 4: Color Elevation
Attachment 5: Local License - Testing Laboratory
Attachment 6: Public Hearing Notice