Planning Commission
MEETING DATE: 9/5/2018
Title
CASE NO. Conditional Use Permit No. 17-035
APPLICANT: Alchemy Works, LLC, Craig Bouman
LOCATION: 67625 Canyon Plaza/East Palm Canyon Drive (APN: 687-510-029)
REQUEST: Consider Conditional Use Permit (CUP) application for the development of a cannabis cultivation and distribution/transportation facility, consisting of a new 39,600 square-foot, single-story building including eight (8) 3,610 square-foot greenhouse grow areas and 10,720 square feet of ancillary uses, on a 6.51-acre property within the PCC (Planned Community Commercial) and OS (Open Space) Zoning Districts.
End
STAFF PLANNER:
Salvador Quintanilla, Associate Planner
RECOMMENDATION:
Recommendation
APPROVE the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) for the project.
APPROVE Conditional Use Permit No. 17-035 subject to the attached Conditions of Approval and based on the findings contained in the staff report.
Body
FINDINGS:
APPROVAL OF THE MITIGATED NEGATIVE DECLARATION based on the following findings:
1. The record as a whole, including the initial study and any comments received, demonstrates that there is no substantial evidence that the project will have a significant effect on the environment with the implementation of the mitigation measures;
2. The Mitigated Negative Declaration reflects the Lead Agency’s independent judgment and analysis;
3. In accordance with Section 15074, Chapter 3, Title 14, of the California Code of Regulations (State CEQA Guidelines), the Mitigation Monitoring and Reporting Program (MMRP) contained in Chapter 2 of the Draft Initial Study and Mitigated Negative Declaration, dated August 2018, shall serve as the City’s reporting program for monitoring the mitigation measures specified in the Mitigated Negative Declaration; and
4. The Cathedral City Planning Department is the custodian of the documents or other material that constitute the record of proceedings upon which this decision is based.
APPROVAL OF CONDITIONAL USE PERMIT NO. 17-035, subject to the attached conditions of approval, and based on the following findings:
1. The cannabis business, which is to be located 67625 Canyon Plaza/East Palm Canyon Drive and within the Planned Community Commercial (PCC) and the Open Space (OS) zoning districts, is authorized as a conditional use permit pursuant to Chapters 9.30, 9.42 and 9.108 of the City of Cathedral City Zoning Ordinance;
2. The cannabis business, as well as all operations conducted therein, fully comply with all applicable building, electrical, zoning, and fire codes, accessibility requirement 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 a local license (MCL No. 17-028) in accordance with Chapter 5.88 of the CCMC, and in granting the local license the City Manager determined that the cannabis business followed all applicable laws regarding the operation of the business;
4. The cannabis business is necessary or desirable for the development of the community, are in harmony with the various elements or objectives of the General Plan, and are not detrimental to existing uses or to uses specifically permitted in the PCC and OS Districts. 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, walls or fences, landscaping and other features required in order to adjust such uses 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 by the proposed use. The cannabis business primary collector street is East Palm Canyon Drive, which has adequate capacity to serve the traffic that will be generated by the use. The City Engineer has reviewed the proposed project and determined that there will be no negative impact to the existing traffic and streets with the implementation of the conditions of approval; and
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/PROJECT SUMMARY:
The applicant (Craig Bouman representing Alchemy Works, LLC.) submitted an application for a Conditional Use Permit (CUP) on September 21, 2017 for the development of a cannabis cultivation and distribution/transportation facility, consisting of a new 39,600 square-foot, single-story building including eight (8) 3,610 square-foot greenhouse grow areas and 10,720 square feet of ancillary uses, on a 6.51-acre site within the PCC (Planned Community Commercial) and OS (Open Space) Zoning Districts.
The project site is located on the southeast corner of Canyon Plaza and Via Allegro, both private streets, and southwest of East Palm Canyon Drive and west of Perez Road. The site is bounded by Canyon Plaza and commercial lands to the north, Via Allegro and a mix of commercial and vacant lands to the east, the Eagle Canyon Dam to the south, and the San Jacinto Mountain foothills to the west and southwest.
The majority of the site is zoned PCC and has a General Plan designation of CG (General Commercial). The hillside portion of the site along the western boundary is zoned OS and is designated HR (Hillside Reserve) on the General Plan land use map. This area of rocky hillside will remain undeveloped and undisturbed. The commercial and undeveloped areas to the north, northwest and east are also zoned PCC and the hillside areas to the west, south and southwest are zoned OS.
The site was recently occupied by Southwest Boulder and Stone, a landscaping supply business. During the operation of that business, the property contained concrete storage walls or “bins” for stock piles of various rock materials, a large canopy/shade structure, and a trailer building. All of the structures were removed or demolished when the business vacated the site in May 2018. The site is currently vacant.
The entire project site is approximately 6.51 acres. However, only the easterly 3.17 acres will be developed with the proposed cannabis cultivation and distribution/transportation facility. The westerly 3.34 acres, which includes the hillside, will not be developed and will remain vacant. The applicant is not proposing any improvements to this portion of the site.
Site Plan, Architecture and Landscaping
The 3.17 acres of the project site proposed to be developed will consist of a 39,600 square-foot, single-story building including eight (8) 3,610 square-foot greenhouse grow areas at the center of the irregularly shaped site. Within the building, there will be 10,720 square feet of miscellaneous uses, including drying rooms, trimming rooms, potting/processing, storage, office space and restrooms. Two stormwater retention areas will be located on the north and west sides of the site. There will be two driveways which will provide access to the site from Canyon Plaza and Via Allegro. Parking areas with 42 stalls and two loading zones will be located on the north and west sides of the building. A 6-foot high fence consisting of alternating split-faced block and tubular steel will be installed around the site. (see Attachment 2 and 3)
The street facing elevations (the north elevation and approximately 60 feet of the sides) of the 22-foot high, rectangular-shaped building will have a store front appearance featuring Ash Grey and Charcoal wall panels, windows, steel and wood awnings and decorative block along the base of the building. The remaining portions of the building, which are less visible from the street, will have a greenhouse design utilizing dyna glass, corrugated polycarbonate and white wall panels. The mechanical equipment located at the west side of the building will be screened by decorative wood/metal panels that will accent the architectural style of the building. (see Attachment 5 and 6)
The project site will have new desertscape landscaping installed along the Canyon Plaza street frontage and two entrances with complementary landscaping around the site and retention areas and adjacent to the building. (see Attachment 7)
Architectural Review Committee
The Architectural Review Committee (ARC) preliminarily reviewed the project on May 2, 2018 and had the following comments:
1. The Palo Verde and Mesquite trees should to be of the multi-trunk variety.
2. Provide large angular cobble rocks, approximately 3”-6” in size, and a different color gravel within the retention basins.
3. Provide a thicker wood panel within the mechanical screens.
The ARC formally reviewed the project on June 6, 2018 and approved the project to move forward to Planning Commission with no additional comments. The Planning Commission will take final action on this matter unless it is appealed to the City Council
ANALYSIS:
General Plan Consistency
The majority of the project site is located within the CG (General Commercial) District with a smaller portion along the western boundary located within the HR (Hillside Reserve) District. The project is consistent with the CG (General Commercial) land use designation since it will provide commercial services to the community and the region in that the project will provide increased economic activity that will benefit the City. The project is also consistent with the OS designation in that it will remain undeveloped and undisturbed.
Economic and Fiscal Element
Goal: A balanced, broadly based economy that provides a full range of economic and employment opportunities, while maintaining high standards of development and environmental protection.
The project will provide additional job opportunities, and add to the economic diversity of the City by providing additional commercial development. The project has been reviewed for impacts to the environment and with implementation of mitigation measures and conditions of approval provide protection for the environment.
Open Space and Conservation Element
Goal: Preservation, conservation, and management of open space, which provides for the protection of threatened species and environmental resources, enhanced scenic qualities and protection against environmental hazards.
The proposed development preserves a west portion of the site as open space. No development will occur within this area due to the natural rocky hillside terrain and location within the OS District. The portion of the site to be developed is located within the PCC District.
Water, Sewer and Utilities Element
Policy No. 2: Sewer connection shall be required at the time an individual or infill lot is developed.
The project will be required to connect to the sewer and water lines, and extend utilities to the site as conditions of approval.
Zoning Consistency
City ordinances allow for the establishment of cannabis businesses (dispensaries, cultivation, distribution/transportation, manufacturing sites and testing laboratories) within certain zoning districts of the City, subject to a Conditional Use Permit (CUP). The ordinances regulating cannabis businesses are codified at CCMC Chapter 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 were submitted on September 21, 2017. The Local License application were reviewed by staff including the Police Department, the background check completed and the licenses were granted on August 22, 2018 (see Attachment 10 and 11).
The following table provides a summary of the PCC development standards, parking requirements and project consistency. The project is consistent with the relevant PCC development standards. A parking analysis is provided below.
Table 1: PCC Development Standards and Parking Code Requirements
|
Standard |
Requirement |
Proposed/Existing |
Consistency |
|
Maximum building height |
36 feet |
22 feet |
Yes |
|
Minimum lot size |
8,000 square feet (PCC) |
6.51 total acres 3.17 acres (proposed development area) |
Yes |
|
Parking |
Use is not specifically listed in Off-Street Parking (Section 9.58.020). |
42 spaces |
Yes, see parking analysis. |
Parking Analysis
Section 9.58.040 of the CCMC allows the Planning Commission to establish parking requirements for uses not specifically mentioned in the code. The parking requirements for cannabis cultivation and distribution/transportation are not listed in the parking code. The closest use listed in the parking code is for a warehouse, which requires one space per 1,000 square feet of floor area. In addition, recent CUP approvals for cannabis have based parking requirements for cultivation and distribution/transportation using a ratio of one space per 1,000 square feet of floor area.
Based on one space for every 1,000 square feet, a total of 40 spaces would be required for the project. The site plan shows 42 spaces, which includes two ADA compliant and van accessible spaces. Therefore, the parking is consistent.
ENVIRONMENTAL ANALYSIS:
An Initial Study and Mitigated Negative Declaration (IS/MND) were prepared for the project by a private consultant and approved by City Staff. Special studies for the Initial Study included habitat assessment, traffic impact analysis, cultural resources assessment, and geotechnical investigation were prepared by outside consultants. The IS/MND includes mitigation measures that address the following areas:
• Cultural resources
• Geology and soils
• Tribal cultural resources
The mitigation measures are as follows:
CUL-1. If during the course of excavation, grading or construction, artifacts or other archaeological resources are discovered, all work in the immediate area of the find shall be halted and the applicant shall immediately notify the City Planner. A qualified archaeologist shall be called to the site by, and at the expense of, the applicant to identify the find and propose mitigation if the resource is culturally significant. Work shall resume after consultation with the City of Cathedral City and implementation of the recommendations of the archaeologist.
CUL-2. Copies of all resource documentation (report and site records) generated in connection with the project shall be transmitted to the Agua Caliente Band of Cahuilla Indians (ACBCI) THPO.
CUL-3. If a paleontological resource is accidentally uncovered during grading or construction activities for the proposed project, the project applicant/developer shall be required to notify the City of Cathedral City Planner immediately and all excavation work within ten feet of the find shall cease immediately. A qualified paleontologist shall be consulted to determine the necessity for monitoring any excavation and to evaluate any paleontological resource exposed during construction. Construction activity shall resume upon consultation with the City and upon implementation of the recommendations of the paleontologist.
GEO-1. The project grading and building plans shall demonstrate project compliance with the recommendations of the geotechnical analysis report prepared for the project. The plans must be reviewed and approved by the City Engineer as consistent with the geotechnical analysis recommendations before issuance of any City permits. All soils engineering recommendations and structural foundation recommendations shall be designed by a licensed professional engineer and shall be incorporated into the approved grading and building plans. All onsite soil engineering activities shall be conducted under the supervision of a licensed geotechnical engineer or certified engineering geologist.
TRB-1. An Approved Cultural Resources Monitor(s), as determined by ACBCI, shall be present during any survey and/or ground disturbing activities. If buried cultural materials are discovered during earth-moving operations associated with the proposed project, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the find. Responsible Parties: Grading and General Contractor, ACBCI Monitor.
NOTE: The City of Cathedral City Planning Department is the 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.
ATTACHMENTS:
Attachment 1: Conditions of Approval
Attachment 2: Overall Site Plan
Attachment 3: Enlarge Site Plan
Attachment 4: Floor Plan
Attachment 5: Color Elevation
Attachment 6: Color Elevation - Rendering
Attachment 7: Landscape Plan
Attachment 8: Public Hearing Notice
Attachment 9: Mitigated Negative Declaration
Attachment 10: Local License Cultivation
Attachment 11: Local License Distribution/Transportation
Attachment 12: Airport Land Use Commission (ALUC) Review Letter