Planning Commission
MEETING DATE: 8/15/2018
Title
CASE NO. Conditional Use Permit Amendment Nos. 16-013-19 thru 16-013-22
APPLICANT: CP Logistics, LLC, Greta Carter
LOCATION: 69375 Ramon Road, Building 1, Suites 110 and 114 and Building 2, Suites 210 and 213
REQUEST: Consider Conditional Use Permit applications to operate a cannabis business (cultivation and distribution site) within existing suites in Building No. 1 and Building No. 2 of a previously approved cannabis facility in the PCC (Planned Community Commercial) Zoning District located at 69375 Ramon Road.
End
STAFF PLANNER:
Pat Milos, Community Development Director
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 Nos. 16-013-19 thru 16-013-22 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 finding that the project qualifies as Categorically Exempt under Section 15301, Class No. 1 (Existing Facilities) of the State CEQA Guidelines.
APPROVAL OF CONDITIONAL USE PERMIT NOS. 16-013-19 thru 16-013-22, subject to the attached conditions of approval, and based on the following findings:
1. The cannabis business to be located at 69375 Ramon Road in the PCC Zoning District is authorized as a conditional use per the City of Cathedral City Zoning Ordinance, Chapter 9.36.
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 local licenses 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 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 subject to a revocation hearing.
BACKGROUND:
On September 2, 2017, the Planning Commission approved Conditional Use Permit Nos. 16-013 thru 16-013-18 for the development of a medical cannabis facility that included dispensary and cultivation functions, consisting of two buildings totaling approximately 489,099 square feet, with 398 parking spaces, retention basin and loading area on a vacant 19.14-acre site. (see Attachment 2)
At the time, State license requirements limited indoor cultivation canopy sizes to no greater than 22,000 square feet per license. Therefore, to accommodate the size of the cultivation proposed for the two buildings, 17 cannabis cultivation licenses and one (1) combined cultivation and dispensary license were issued for the facility. Because each license is required to have a Conditional Use permit, 18 Conditional Use Permit numbers were approved for the facility.
Since the original approval, the State licensing regulations have evolved further, requiring separate cultivation licenses for mother and propagation rooms. Additionally, a distribution license was developed, requiring all licensees to obtain this license in order to distribute their product.
As a result of the State licensing requirements, the applicant submitted cannabis local license and Conditional Use Permit applications for four cannabis local licenses, one distribution and one cultivation for each building. The local licenses were reviewed by staff including the Police Department and licenses granted on July 30, 2018 (see Attachment 2).
There are no exterior changes proposed to the building, which is currently under construction. Since the building was recently approved by the Architectural Review Committee, no additional review is needed. 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 and the surrounding uses include a recreational vehicle resort, self-storage facility, and medical and dental offices. Pursuant to CCMC section 9.108.070, a combined dispensary, cultivation, and distribution/transportation facility may only be located within the I-1 (Light Industrial), CBP-2 (Commercial Business Park) or PCC (Planned Community Commercial) zoning districts.
Furthermore, no combined dispensary, cultivation and distribution 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 location does not violate any of the applicable location restrictions set forth in the CCMC.
The project proposes no changes to the footprint or square footage of either building but rather designates existing floor space within both buildings for the additional cultivation and distribution licenses (see Attachment 4 and 6). The proposed floor plans have been reviewed by the Building, Engineering and Fire Departments.
The original Conditions of Approval for the site and buildings (see Attachment 1) would remain applicable and no changes are proposed.
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.
ATTACHMENTS:
Attachment 1: Original/Approved Conditions of Approval
Attachment 2: Approved Site Plan
Attachment 3: Building 1 Approved Floor Plan
Attachment 4: Building 1 Proposed Floor Plan
Attachment 5: Building 2 Approved Floor Plan
Attachment 6: Building 2 Proposed Floor Plan
Attachment 7: Cannabis Local Licenses
Attachment 8: Public Hearing Notice