Planning Commission
MEETING DATE: 4/18/2018
Title
CASE NO. Conditional Use Permit No. 17-020
APPLICANT: Greens on Perez, Sina Sayyah
LOCATION: 68734 Perez Road (APN: 687-162-009)
REQUEST: Consider a Conditional Use Permit application to operate a cannabis business (cultivation site) within an existing commercial building in the l-1 (Light Industrial) Zoning District located at 68734 Perez Road.
Recommendation
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 No. 17-020 subject to the attached Conditions of Approval and based on the findings contained in the staff report.
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. 17-020, subject to the attached conditions of approval, and based on the following findings:
1. The cannabis business to be located at 68734 Perez Road in the l-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 in this conditional use permit. The applicant has been granted a local license (MCL No. 17-013) 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 Perez 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:
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.
A Local License application for cultivation was submitted on May 1, 2017. The Conditional Use Permit (CUP) was submitted on May 2, 2017. The Local License application was reviewed by staff including the Police Department, the background check completed and the cultivation license was granted on January 11, 2018 (see Attachment 6).
The Architectural Review Committee (ARC) reviewed the project on March 21, 2018 and voted to continue the project with the following comments:
1. Reduce the overall number of shrubs proposed for the landscaping, approximately 20-25%, and remove the Desert Spoons species.
2. Consider an alternative color scheme that’s compatible with the existing red brick on the building.
The project was subsequently reviewed by the ARC on April 4, 2018. The applicant provided three color scheme options for consideration. The ARC chose the “green color scheme” and approved the project to move forward to the Planning Commission.
The plans were revised prior to the Planning Commission meeting. 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 l-1 (Light Industrial) Zoning District. The surrounding uses include retail and service commercial uses, industrial uses, auto service related uses, and other cannabis businesses. 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 .27-acre site has three detached single-story buildings; two equally sized smaller buildings, approximately 1,000 square feet each, located towards the front of the property, and a larger 6,200 square foot building at the rear of the property, adjacent to the alley. The larger building and one of the smaller buildings will be utilized entirely for cultivation. The other smaller building will house the only restroom, a breakroom, and a storage room. Most of the mechanical equipment will be ground mounted and located at the rear of the property, screened from the alley by a new trash enclosure and block wall.
The previous owner/tenant of the building (VIP Tile) used this site and the adjacent site (68748 Perez Road) as one business, although these are independent parcels. As such, parking was shared between the two parcels as this site has insufficient parking for the total square footage of the buildings. The applicant and the property owner for this site and the adjacent site are the same and have agreed to legally share parking as well as the required trash enclosure, which will be located on this site. Conditions of approval has been included requiring the legal agreements for the shared use prior to occupancy.
There are many improvements proposed to the site including the construction of a new trash enclosure per City standard, new sidewalk, new landscape planters, repaving and restriping of the parking area including the designation of a van accessible handicapped parking space and ADA path of travel, and a portion of the alley at the rear of the site will be paved.
As recommended by the Architectural Review Committee, the buildings will be painted in the “green color scheme”, new smaller windows will replace the existing windows on the two smaller buildings fronting Perez Road with new awnings over each window, and a cornice added along the top of the two buildings. The main entry gate will be replaced with two metal doors, painted in the same dark color as the awnings. The existing red brick on the front of the buildings will remain.
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 7).
ATTACHMENTS:
Attachment 1: Conditions of Approval
Attachment 2: Site Plan/Landscape Plan
Attachment 3: Floor Plan
Attachment 4: Elevation/Rendering 1
Attachment 5: Elevation/Rendering 2
Attachment 6: Local License Cultivation
Attachment 7: Public Hearing Notice