Planning Commission
MEETING DATE: 5/2/2018
Title
CASE NO. Conditional Use Permit No. 17-031
APPLICANT: Stargreen Enterprises LLC, Joe Gasbarri
LOCATION: 36399 Cathedral Canyon Drive (APN: 687-322-012)
REQUEST: Consider a Conditional Use Permit application to operate a cannabis business (dispensary, cultivation, manufacturing and distribution/transportation site) within an existing commercial building in the I-1 (Light Industrial) Zoning District located at 36399 Cathedral Canyon Drive.
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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. 17-031 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. 17-031, subject to the attached conditions of approval, and based on the following findings:
1. The cannabis business to be located at 36399 Cathedral Canyon 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 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. 16-042) in accordance with Chapter 5.88 of the CCMC, and in granting the local licenses the City Manager determined that the cannabis business was in compliance with all applicable laws regarding the operation of the business.
4. The issuance of a conditional use permit to the Applicant will not result in or add to an excessive concentration of dispensaries and/or result in a need for additional law enforcement resources. For the proposed dispensary, which is located south of Interstate 10, the approval of the conditional use permit will not result in more than twenty dispensaries being approved to operate south of Interstate 10.
5. 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.
6. 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.
7. 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 streets are Cathedral Canyon Drive, which have adequate capacity to serve the limited traffic that will be generated by the use.
8. 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, 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 a dispensary, cultivation, and manufacturing site was submitted on November 16, 2016 and the CUP application was submitted on August 29, 2017. Subsequently, on January 29, 2018, the applicant submitted an amendment to add distribution/transportation to the existing local license. The Local License applications were reviewed by staff including the Police Department, the background check completed and the dispensary, cultivation, manufacturing licenses were granted on March 1, 2017 (see Attachment 7, 8, and 9) and the amended license to add distribution/transportation license (see Attachment 10) was granted on March 20, 2018.
The existing single-story building is located on the west side of Cathedral Canyon Drive, between Perez Road and East Palm Canyon Drive. The building is currently vacant.
The Architectural Review Committee (ARC) provided a preliminary review of the project on February 21, 2017 and had the following comments:
1. Provide additional trees to meet the 50% shade requirement and a sample of the proposed white gravel in the front landscape area.
The ARC formally reviewed the project on March 21, 2018 and approved the project to move forward to Planning Commission with the following comment:
1. The color of the gravel in the front landscape area should be more contrasting with the building color. A significantly darker color was recommended and to be approved by staff prior to final landscape plan approval.
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 retail and service uses, office uses, and other cannabis businesses. Pursuant to CCMC section 9.108.090, a combined dispensary, cultivation, manufacturing, and distribution/transportation site may only be located within the I-1 (Light Industrial) or CBP-2 (Commercial Business Park) Zoning Districts.
Furthermore, no combined dispensary, cultivation, manufacturing, and distribution/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.
A CUP for a dispensary may only be approved if it would not result in an "excessive concentration" of more than twenty dispensaries being approved to operate south of Interstate 10. This is one of the original twenty applications, therefore, the CUP is in compliance with Chapter 9.108 and may be considered for approval.
The site is licensed for a dispensary, cultivation, manufacturing and distribution/transportation. 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 12).
The existing, single-story building is approximately 9,276 square feet and will be comprised of a 1,174 square feet dispensary, 1,784 square feet of manufacturing, 991 square feet of distribution/transportation, 4,483 square feet of cultivation and 844 square feet of office and other ancillary space.
There are a number of improvements proposed to the site including the construction of a new trash enclosure per City standard, new tubular steel gates at the entrance and exit, designation of a loading area, redesigned parking areas that will be repaved and restriped including the designation of a van accessible handicapped parking space and ADA path of travel. Also, the existing landscaping will be renovated and new landscape planters added within the parking area.
The building will be redesigned in a Modern architectural style, painted in a solid white color. The modern architectural style will be enhanced by 16-foot high laser cut aluminum panels along the east (front) and south (side) elevations, which will also be used on the entry/exit gates, and painted to match the building. The window frames and doors will be painted in the same white color with five of the windows featuring space for art.
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, the restoration or rehabilitation of deteriorated structures, and minor building additions 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 11).
ATTACHMENTS:
Attachment 1: Conditions of Approval
Attachment 2: Site Plan
Attachment 3: Floor Plan
Attachment 4: Elevations
Attachment 5: Interior Elevations
Attachment 6: Landscape Plan
Attachment 7: Local License Dispensary
Attachment 8: Local License Cultivation
Attachment 9: Local License Manufacturing
Attachment 10: Local License Distribution/Transportation
Attachment 11: Public Hearing Notice
Attachment 12: Cathedral City Fire Department Guidelines