Planning Commission
MEETING DATE: 1/17/2018
Title
CASE NO. Conditional Use Permit No. 17-028
APPLICANT: SMP Desert Cultivators Inc., Sina Sayyah
LOCATION: 68449 Perez Road, Suite Nos. 7-11 (APN:687-322-008)
REQUEST: Consider a Conditional Use Permit application to operate a cannabis business (cultivation and manufacturing site) within an existing industrial building in the l-1 (Light Industrial) Zoning District located at 68449 Perez Road, Suite Nos. 7-11.
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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. 17-028 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. 17-028, subject to the attached conditions of approval, and based on the following findings:
1. The cannabis business to be located at 68449 Perez Road, Suite Nos. 7-11, 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 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 (MCL No. 17-010) 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 (dispensaries, cultivation, distribution 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.
A Local License application for a cultivation and manufacturing site was submitted on April 5, 2017. The Conditional Use Permit (CUP) application was submitted on June 29, 2017. The Local License application was reviewed by staff including the Police Department, the background check completed and the cultivation and manufacturing licenses were granted on July 25, 2017 (see Attachment 7 and 8).
The project site consists of an existing single-story multi-tenant “L” shaped industrial building. The existing building currently has three tenant spaces. Two of the spaces are currently occupied by Iguana Collective and a smog shop. The proposed space was formally occupied by the Casa Tequila Night Club but is currently vacant.
The Architectural Review Committee (ARC) reviewed the project on November 15, 2017 and approved the project to move forward to Planning Commission with a vote of 4-0, incorporating the following comments and revisions:
1. The decomposed granite shall be a darker color and a minimum of 3” thick.
2. The existing wood fence along the west property line shall be removed and replaced with a decorative block wall, similar in color to the existing wall.
4. Replace the proposed Mesquite trees with a single-trunk Tipuana Tree.
5. Additional Tipuana trees shall be added to meet the 50 % shaded parking requirement.
The changes have been incorporated into the site, landscape and architectural plans prior to the Planning Commission meeting. The Planning Commission will take final action on this matter unless it is appealed to the City Council.
On December 6, 2017, the Planning Commission held a public hearing and continued the item to a date uncertain to allow the applicant and staff additional time to finalize the details of the project. New public hearing notices were sent to property owners.
ANALYSIS:
The project site is located within the l-1 (Light Industrial) zoning district. The surrounding uses include automotive service and repair, retail and service uses, and other cannabis related business. Pursuant to CCMC section 9.108.090, a combined cultivation and manufacturing site may only be located within the I-1 (Light Industrial) or CBP-2 (Commercial Business Park) Zoning Districts.
Furthermore, no cultivation and manufacturing 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 site is licensed for cultivation and manufacturing. 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 10).
The existing building is approximately 20,059 square feet. The SMP Desert Cultivators space is 8,204 square feet and will be comprised of 5,420 square feet of cultivation, 801 square feet of manufacturing, and approximately 1,983 square feet of office and break room, bathroom and other ancillary space.
There are a number of improvements proposed to the site including the addition of three parking spaces and the replacement of the existing chain link fence with a tubular steel fence at the rear of the building, new asphalt paving of the easterly driveway and a new 6’ high block wall, new trash enclosure and landscaping within the main/west parking area.
The applicant is proposing to enhance the existing Spanish architectural style for their portion of the building. On the north elevation of the space, rock veneer will be added to the base of the building along with a Saltillo tile faux fountain and wrought iron architectural features. Additionally, the rear portion of the building will be painted similar to the existing color which is consistent with the Spanish architectural style.
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 (see Attachment 9).
ATTACHMENTS:
Attachment 1: Conditions of Approval
Attachment 2: Site Plan
Attachment 3: Floor Plan
Attachment 4: Elevations
Attachment 5: Landscape Plan - Part No. 1
Attachment 6: Landscape Plan - Part No. 2
Attachment 7: Local License Cultivation
Attachment 8: Local License Manufacturing
Attachment 9: Public Hearing Notice
Attachment 10: Cathedral City Fire Department Guidelines