HomeMy WebLinkAbout5A OCRCITY COUNCIL STAFF REPORT
DATE: October 22, 2020 NEW BUSINESS
SUBJECT: REQUEST BY WILLIE HOLLAND OF HOLLAND PHARMS, INC FOR
ADMINISTRATIVE MINOR MODIFICATION (AMM) APPROVAL FOR
RELIEF FROM THE FIVE HUNDRED (500)-FOOT MINIMUM
SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS
DISPENSARIES AND CANNABIS LOUNGES FOR A PROPOSED
DISPENSARY AT 150 NORTH PALM CANYON DRIVE, ZONE CBD,
(CASE 7.1611 AMM).
FROM: David H. Ready, City Manager
BY: Development Services Department
SUMMARY:
Willie Holland of Holland Pharms, Inc. is seeking Administrative Minor Modification (AMM)
approval for relief from the five hundred (500)-foot-minimum separation distance
requirement between cannabis dispensaries and cannabis lounges. The proposed
dispensary is located approximately 357 feet away from an approved cannabis
dispensary and lounge at 232 N. Palm Canyon (OG Arabian Nights). Pursuant to Palm
Springs Zoning Code Section 93.23.15(C), modifications to the separation distance
requirement for cannabis facilities may be granted at the discretion of the City Council on
a case-by-case basis in accordance with Palm Springs Zoning Code Section 94.06.01 (B).
RECOMMENDATION:
1) Adopt Resolution No. __ , "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN
ADMINISTRATIVE MINOR MODIFICATION (AMM) WHICH GRANTS RELIEF
FROM THE FIVE HUNDRED (500)-FOOT-MINIMUM SEPARATION
DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND
CANNABIS LOUNGES FOR HOLLAND PHARMS LOCATED AT 150 NORTH
PALM CANYON DRIVE (CASE 7.1611 AMM);" or, as an alternative
2) Adopt Resolution No. __ , "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN
ADMINISTRATIVE MINOR MODIFICATION (AMM) WHICH GRANTS RELIEF
FROM THE FIVE HUNDRED (500)-FOOT-MINIMUM SEPARATION
ITEMNO. 5A
2City Council Staff Report October 22, 2020 --Page 2 Case 7.1611 AMM -Holland Pharms Cannabis Distance Waiver DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES FOR HOLLAND PHARMS LOCATED AT 150 NORTH PALM CANYON DRIVE (CASE 7.1611 AMM)." BUSINESS PRINCIPAL DISCLOSURE: The name of the entity is Holland Pharms, Inc. The business is solely owned by Willie Holland, who is also the CEO of the organization. The secondary officer is Titus Holland. The Public Integrity Disclosure Form is attached to this Staff Report (Attachment #6). BACKGROUND: Related Relevant City Actions 0412012016 City Council designated the Town & Country Center as a Class 1 historic site, HSPB #51. Most Recent Change of Ownership 11/01/1997 I Wessman Holdings Neighborhood Notice Notice of public hearing mailed to addresses within 500 feet of the site, notifying that the subject application would be considered by the City 10/8/2020 Council on October 22, 2020. The public hearing notice was also emailed to Neighborhood Organizations within one (1 )-mile of the project site. Electronic notice of the subject application was provided to the following Neighborhood Organizations within one (1) mile of the project 10/8/2020 site: Old Las Palmas, Vista Las Palmas, El Mirador, The Movie Colony, Midtown, Baristo, Warm Sands, Historic Tennis Club, Movie Colony East, Tahquitz River Estates. Field Check •' . ,. 09/30/2020 I Staff conducted a site visit to confirm the condition of the project site. Site Area Net Acres I Approximately 0.61 Acre
3City Council Staff Report October 22, 2020 --Page 3 Case 7.1611 AMM -Holland Pharms Cannabis Distance Waiver Surrounding Existing Land Use Existing General Property Per Chapter 92 Plan Designation Subject Property Vacant Suite CBD (Central Business District) North Retail (Sunglass CBD Shop) South Retail (Apparel) CBD East Parking Lot CBD West Retail/Restaurant CBD (Tommy Bahama) General Plan Areas or Master Plan Areas Downtown Urban Design Plan "D" Downtown Parking Combining Zone "R" Resort Overlay Zone I , "'t: Image 1. 1 Project Site and Its Vicinity (,_-_-_-.!Project Site) Existing Zoning Designation CBD (Central Business District) CBD CBD CBD CBD Compliance y y y
4City Council Staff Report October 22, 2020 --Page 4 Case 7.1611 AMM -Holland Pharms Cannabis Distance Waiver STAFF ANALYSIS: Project Description: The applicant is requesting separation distance waiver approval for a new cannabis dispensary business at a Class 1 historic site, the Town & Country Center. The floor area of the proposed cannabis dispensary is approximately 1,340 square feet, and it will be located within a 2,191 square-foot tenant space. The spatial configuration of the tenant space is lineal. The proposed retail area is planned to accommodate a 37.9-foot-long lineal display cabinet at the center of the tenant space. The area restricted to the employees behind the display area leads to a 28.8 square-foot hallway, which further connects to a 32 square-foot restroom and a 159.5 square-foot office in the rear. The distance between the storefront window and the display cabinet is approximately 20 feet. The business will operate from 8:00 AM through 10:00 PM seven (7) days a week. Distance Waiver: Pursuant to Palm Springs Zoning Code Section 93.23.15(C)(1 ), cannabis dispensaries and cannabis lounges are required to be separated by a minimum distance of five hundred (500) feet from each other. The exceptions to this requirement are if such cannabis lounges and dispensaries are located within a Cannabis Overlay (0) Zone or such facilities are under a single ownership and operating with a single street address. The project site is not located within the Cannabis Overlay (0) Zone. According to the information obtained from the City of Palm Springs interactive Cannabis Web Map, there is one (1) cannabis dispensary/lounge (OG Arabian Nights) located approximately 357 feet away from the project site. This information is summarized in the table below, and the map below shows the geographic relationship between the proposed cannabis facility and the approved cannabis facility. There are no protected uses defined in Palm Springs Zoning Code Section 93.23.15(C)(3) located within 600 feet of the project site . .. Cannabis Facilities Within 500 Feet .. Permitted Facilities: Name Address Zone Use Distance OG Arabian 232 North Palm CBD Dispensary 357 feet Nights Canyon Drive Lounge
5City Council Staff Report October 22, 2020 --Page 5 Case 7.1611 AMM -Holland Pharms Cannabis Distance Waiver I 0 ~CU_ ~------.. ~ ,_CBD ..... ./· BELARDO RD a:: ,. -... I C :---r---I z 0 > 35· ri =eet ~ z < , ~ :--i CBD :E c--_J _. 1 ~ f IX X .... _.. C z .:~D~E~_L ~ X lo '>I.]' 0 --~ ~ -)( I )( > CBD -,.,· L __ J II< )( ~ ~: ~:~BD z J r£ <( ... ~ 0 C r-i, I z :E '------,_ ~ ::, I \ C w 1, -~ th ::, I ... :E -~ e---~ \ '-RA-ANDREAS-RD-' ,= RA ) -= I I w TAHQUITZbAN-YON WAY E TAHQUITZ·CANYON WAY I ', ,,, r= cu V PD ~-a:: I C q L., .. .... -9 cu ,.,tr f"'II z 0 1 = Legend > RA -z -CBD <( CBD RA f-~ Project Site u :e ,_ -OGArabian Nights _. --f ---D 500-Foot Buffer I LSC ~---I I I Conformance to Development Standards: Pursuant to Palm Springs Zoning Code Section 93.23.15(F)(2), the maximum allowable gross floor area of a cannabis dispensary located in Downtown is 1,500 square feet on the street/ground level of any building. The applicant is proposing to establish a 1,340 square-foot cannabis dispensary within a 2,191 square-foot tenant space. As shown on the attached floor plan (Attachment #8), the remaining 850 square-foot space in the rear of the tenant space will be physically separated from the main floor and will not be a part of the proposed cannabis dispensary. The business is not proposing any exterior
6City Council Staff Report October 22, 2020 --Page 6 Case 7.1611 AMM -Holland Pharms Cannabis Distance Waiver alterations or signage at this moment. Off-Street Parking Requirements: Pursuant to Palm Springs Zoning Code Section 93.06.00(D)(6)(b), a cannabis dispensary is required to provide one (1) off-street parking space for every 300 square feet of gross floor area of retail dispensary or office space. Based on the 1,340 square-foot floor area of the new cannabis dispensary, a total of five (5) off-street parking spaces would be required. Because the project site is a part of a Class 1 historic structure, however, the business is exempt from this off-street parking requirement and it is not required to provide additional parking spaces or submit in-lieu payment per Palm Springs Zoning Code Section 93.06.00(8)(3)(e). Therefore, the project site's off-street parking is deemed conforming with the applicable off-street parking requirements. FINDINGS: Pursuant to Palm Springs Zoning Code Section 94.06.01 (8)(3), the following findings must be met to justify approval of an Administrative Minor Modification application. Staff has analyzed the required findings as follows: 1. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance. The project site is located within the Central Business District (CBD) General Plan land use designation area, which " ... serves as the main activity center and cultural core of the community and, as such, theatres, museums, retail, and other entertainment venues ... " (Palm Springs 2007 General Plan, page 2-7). The proposed commercial use is consistent with the intended uses within the CBD area. On the other hand, overconcentration of cannabis uses, which could occur as the result of this Administrative Minor Modification (AMM) application approval, is inconsistent with Land Use Element Goal I (Palm Springs 2007 General Plan, page 2-20), which aims for " ... a balanced pattern of land uses that complements the pattern and character of existing uses, offers opportunities for the intensification of key targeted sites, minimizes adverse environmental impacts, and has positive economic results". The applicant submitted this AMM application to request a relief from the 500-foot-minium separation distance requirement from other cannabis facilities as prescribed in Palm Springs Zoning Code Sections 93.23.1 S(C) and 94.06.01 (A)(11 ). 2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification.
7City Council Staff Report October 22, 2020 --Page 7 Case 7.1611 AMM -Holland Pharms Cannabis Distance Waiver As stated in finding (1) above, Palm Springs 2007 General Plan Land Use Element goal, LU 1, states "Establish a balanced pattern of land uses that complements the pattern and character of existing uses, offers opportunities for the intensification of key targeted sites, minimizes adverse environmental impacts, and has positive economic results." Should the City Council decide to approve this AMM application, it may result in the creation of a 'cannabis neighborhood' which could affect neighboring properties with its potential secondary adverse impacts. Additionally, overconcentration of cannabis facilities may create potential competition and conflict amongst the cannabis facilities. In contrast, the applicant has provided a statement in the submitted justification letter that the project will not create adverse impact on the neighboring properties as the adjacent businesses welcome the proposed cannabis dispensary (see Attachment #5). 3. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity. Granting this Administrative Minor Modification (AMM) application may contribute to the establishment of a 'cannabis neighborhood' which can result in creating secondary adverse impacts. However, the proposed use will be required to adhere to the City's operational procedures contained in PSMC Chapter 5.55; conformance to these requirements will minimize potential health and safety impacts. 4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. The applicant is seeking a waiver from the 500-foot-minimum separation distance requirement because there is an approved cannabis facility located within 500 feet from the site. There are no peculiar features of the building or site that would necessitate the establishment of the proposed cannabis dispensary at this specific location other than the fact that the site is located on a pedestrian-oriented commercial corridor which likely has positive impact on the success of the proposed business. Pursuant to Resolution No. 24799, the City Council may also consider the following optional criteria in reviewing the distance waiver request: 5. The proposed use will be located in an existing building that is blighted. The tenant suite is located within a building which exhibits no signs of blight defined in Palm Springs Municipal Code Chapter 8.80 (Vacant Buildings; Blighted Property).
8City Council Staff Report October 22, 2020 --Page 8 Case 7.1611 AMM -Holland Pharms Cannabis Distance Waiver 6. The proposed use will be located in an existing commercial tenant space that has been vacant for an extended period of time or has a demonstrated history of being difficult to lease for commercial uses. According to Business License, the tenant space was previously occupied by a gift/novelty shop, The Cocky Cactus, between 1994 and 2019. In October 2019, the City received a business license application for an electric bike and scooter shop for the tenant space; however, the business license process was never finalized. 7. Approval of the proposed use will not result in the same type of cannabis use along the same block frontage where the use is proposed to be located. If approved, the proposed cannabis dispensary will be located approximately 357 feet away from an approved cannabis facility (OG Arabian Nights) which is permitted to operate a dispensary and a lounge. Both businesses will be located on the east side of Palm Canyon Drive with their primary elevations facing the street. However, the businesses are not located within the same block frontage. 8. The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations, and business hours. The proposed cannabis dispensary will be immediately adjacent to a sunglass shop to the north and an apparel store to the south. While the businesses are retail, each business offers its own unique service and products. Therefore, the proposed cannabis dispensary will not create economic competition or conflict for the adjacent businesses. The proposed cannabis facility will be open until 10:00 PM seven (7) days a week, while the closing times of the adjacent businesses are much earlier. 9. The applicant has been qualified as a participant in the City's Cannabis Social Equity Program. The applicant is the first qualified participant in the City's Cannabis Social Equity Program. ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is a Class 1 exemption and is categorically exempt pursuant to Section 15301 (a), Existing Facilities.
9City Council Staff Report October 22, 2020 --Page 9 Case 7.1611 AMM -Holland Pharms Cannabis Distance Waiver SUBMITTED BY: Development Services Director ~£~ City Manager Attachments: 1. Vicinity Map 2. Draft Resolutions 3. Aerial Map 4. Map of Cannabis Facilities 5. Justification Letter 6. Public Integrity Disclosure Form 7. Site Photographs Marcus L. Fuller, MPA, P.E., P.L.S. Assistant City Manager 8. Site Plan, Floor Plan, Elevation, Lighting Control Plan, 600-Foot Radius Map
10ATTACHMENT #1
110 Department of Planning Services Vicinity Map 0 1 ~ 0 0 ~ < _cu_ ..J w m ~ CBD ....._ , .. ~, ~ " ' -N . W E . ~ s ~ RA-r I! '1 ;1 \ ~ l • z RA-ANDREAS-RD---< (.) ' f ~ ~ CBD .:.I Q J f z C'li-.. -.. 0 ... "' .... ,c: ~ -..,,, ..,,, • ..,,, ..,,, ........ x " z r· "' "' CBD ---~---"'"'"' < ' ~ .. ~ !~ ~~ :ceo () ..,,, 'II z '----"'..,,, lie It'll ~ 0 --:i n I Q ~ :::::, I ) w \ ,,, 7_ :::::, .... :i -· ' ~~------I WTAHQUITZ·CANYONWAY E TAHQUITZ·cAlvoN·WAY I " PD Q ~ I ~ -Legend ---ffi Project Site -D 500-Foot Buffer -r I I I I ~ ~ cu / ~.~ Q I ~ l~ ~ z cu ,,.,,,,. 0 • 0 cJo Q z ~ <( CBD <( () ..J :i w ..J m f I CITY OF PALM SPRINGS 150 North Palm Canyon Drive Holland Pharms Case 7.1611 AMM RA LSC '--RA ~ ,__ -[ RA -
12ATTACHMENT #2
13RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION (AMM) WHICH GRANTS RELIEF FROM THE FIVE HUNDRED (500)-FOOT-MINIMUM SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES FOR HOLLAND PHARMS LOCATED AT 150 NORTH PALM CANYON DRIVE (CASE 7.1611 AMM)." THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Willie Holland, on behalf of Holland Pharms, Inc., has filed an Administrative Minor Modification (AMM) request pursuant to Sections 93.23.15(C) and 93.23.15(C)(1) of the Palm Springs Zoning Code seeking relief from the 500-foot-minimum separation distance requirement between cannabis dispensaries and cannabis lounges in accordance with PSZC 94.06.01 (8) at 150 North Palm Canyon Drive, Zone CBD. B. The PSZC Section 93.23.15(C) provides specific guidelines regarding separation distance between cannabis facilities as measured in a straight line, without regard to intervening structures, from the nearest property line of the property on which the cannabis facilities will be located. C. The PSZC Section 93.23.15(C) allows the City Council to exercise discretion in applying the PSZC relative to separation distances on a case-by-case basis with modifications considered and granted by the Council if proper findings can be made for an Administrative Minor Modification (AMM). D. Section 94.06.01 (8)(3)(a through d) of the PSZC provides specific findings that must be met before the City Council can grant an Administrative Minor Modification. The findings are as follows: a. The requested minor modification is consistent with the General Plan, applicable specific plan(s) and overall objectives of the zoning ordinance. The project site is located within the Central Business District (CBD) General Plan land use designation area, which is intended to " ... serves as the main activity center and cultural core of the community and, as such, theatres, museums, retail, and other entertainment venues ... " (Palm Springs 2007 General Plan, page 2-7). The proposed commercial use is consistent with the intended use within the CBD area. The applicant submitted this AMM application to request a relief from the 500-foot-minium separation distance requirement from other cannabis facilities as prescribed in Palm Springs Zoning Code Sections 93.23.15(C) and 94.06.01 (A)(11 ). For the reasons above, the proposed project is consistent with the goal and objectives of the Zoning Code.
14Resolution No. Page2 b. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification. Palm Springs 2007 General Plan Land Use Element goal, LU 1, states "Establish a balanced pattern of land uses that complements the pattern and character of existing uses, offers opportunities for the intensification of key targeted sites, minimizes adverse environmental impacts, and has positive economic results." While overconcentration of cannabis facilities may create potential economic competition and conflict amongst the cannabis facilities, the business is directly adjacent to non-cannabis-related businesses. Additionally, the applicant provides a statement in the submitted justification letter that the project will not create adverse impact on the neighboring properties as the adjacent businesses welcome the proposed cannabis dispensary (Attachment #5). c. The approval or conditional approval of the minor modification will not bedetrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity. Granting this Administrative Minor Modification (AMM) application may contribute to the establishment of a 'cannabis neighborhood' which can result in creating secondary adverse impacts. However, the proposed use will be required to adhere to the City's operational procedures contained in PSMC Chapter 5.55; conformance to these requirements will reduce potential health and safety impacts. d. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. The applicant is seeking a waiver from the 500-foot-minimum separation distance requirement because there is an approved cannabis facility located within 500 feet from the site. The site is located on the pedestrian-oriented main commercial corridor in the City, which likely has positive impact on the success of the proposed business. E. Resolution 24799 provides the following five (5) optional criteria in evaluating cannabis facility distance separation waiver applications stated below: a) The proposed use will be located in an existing building that is blighted; The tenant suite is located within a building which exhibits no signs of blight defined in Palm Springs Municipal Code Chapter 8.80 (Vacant Buildings; Blighted Property). b) The proposed use will be located in an existing commercial tenant space that has been vacant for an extended period of time or has a demonstrated history of being difficult to lease for commercial uses;
15Resolution No. Page 3 According to Business License, the tenant space was previously occupied by a gift/novelty shop, The Cocky Cactus, between 1994 and 2019. In October 2019, the City received a business license application for an electric bike and scooter shop for the tenant space; however, the business license process was never finalized. c) Approval of the proposed use will not result in the same type of cannabis use along the same block frontage where the use is proposed to be located; If approved, the proposed cannabis dispensary will be located approximately 357 feet away from an approved cannabis facility (OG Arabian Nights) which is permitted to operate a dispensary and a lounge. Both businesses will be located on the east side of Palm Canyon Drive with their primary elevations facing the street. d) The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations, and business hours; The proposed cannabis dispensary will be immediately adjacent to a sunglass shop to the north and an apparel store to the south. While all businesses including the cannabis dispensary are retail, each business offers its own unique service and products. Therefore, the proposed use is harmonious with the adjacent businesses and approval of this AMM application will not create economic competition or conflict. e) The applicant has been qualified as a participant in the City's Cannabis Social Equity Program. The applicant is the first qualified participant in the City's Cannabis Social Equity Program. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council hereby approves Case 7.1611 AMM, which seeks relief from the 500-foot-minimum separation distance requirement between cannabis dispensaries and cannabis lounges for Holland Pharms located at 150 North Palm Canyon Drive.
16Resolution No. Page4 ADOPTED THIS 22nd DAY OF October 22, 2020. David H. Ready, City Manager ATTEST: Anthony J. Mejia MMC, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, Anthony J. Mejia, City Clerk of the City of Palm Springs, hereby certify that Resolution No. __ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on __________ , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anthony J. Mejia MMC, City Clerk City of Palm Springs, California
17RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR MODIFICATION (AMM) WHICH GRANTS RELIEF FROM THE FIVE HUNDRED (500)-FOOT-MINIMUM SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES FOR HOLLAND PHARMS LOCATED AT 150 NORTH PALM CANYON DRIVE (CASE 7.1611 AMM)." THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Willie Holland, on behalf of Holland Pharms, Inc., has filed an Administrative Minor Modification (AMM) request pursuant to Sections 93.23.15(C) and 93.23.15(C)(1) of the Palm Springs Zoning Code seeking relief from the 500-foot-minimum separation distance requirement between cannabis dispensaries and cannabis lounges in accordance with PSZC 94.06.01 (B) at 150 North Palm Canyon Drive, Zone CBD. B. The PSZC Section 93.23.15(C) provides specific guidelines regarding separation distance between cannabis facilities as measured in a straight line, without regard to intervening structures, from the nearest property line of the property on which the cannabis facilities will be located. C. The PSZC Section 93.23.15(C) allows the City Council to exercise discretion in applying the PSZC relative to separation distances on a case-by-case basis with modifications considered and granted by the Council if proper findings can be made for an Administrative Minor Modification (AMM). D. Section 94.06.01 (B)(3)(a through d) of the PSZC provides specific findings that must be met before the City Council can grant an Administrative Minor Modification. The findings are as follows: a. The requested minor modification is consistent with the General Plan, applicable specific plan(s) and overall objectives of the zoning ordinance. The project site is located within the Central Business District (CBD) General Plan land use designation area, which is intended to 11 ••• serve as the main activity center and cultural core of the community and, as such, theatres, museums, retail, and other entertainment venues ... " (Palm Springs 2007 General Plan, page 2-7). The proposed commercial use is consistent with the intended use within the CBD area. On the other hand, overconcentration of cannabis uses, which could occur as the result of this Administrative Minor Modification (AMM) application approval, is inconsistent with Land Use Element Goal I (Palm Springs 2007 General Plan, page 2-20), which aims for 11 ••• a balanced pattern of land uses that complements the pattern and character of existing uses, offers
18Resolution No. Page2 opportunities for the intensification of key targeted sites, minimizes adverse environmental impacts, and has positive economic results". b. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification. As stated in finding (1) above, Palm Springs 2007 General Plan Land Use Element goal, LU 1, states "Establish a balanced pattern of land uses that complements the pattern and character of existing uses, offers opportunities for the intensification of key targeted sites, minimizes adverse environmental impacts, and has positive economic results." Approval of this AMM application may result in the creation of a 'cannabis neighborhood' with an overconcentration of cannabis facilities, creating economic competition and conflict among cannabis facilities. c. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity. Granting this Administrative Minor Modification (AMM) application may contribute to the establishment of a 'cannabis neighborhood'. d. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. The applicant is seeking a waiver from the 500-foot-minimum separation distance requirement because there is an approved cannabis facility located within 500 feet from the site. Granting approval of this AMM application will result in overconcentration of cannabis use within the site's vicinity. There are no peculiar features of the building or site that would necessitate the establishment of the proposed cannabis dispensary at this specific location. E. Resolution 24 799 provides the following five (5) optional criteria in evaluating cannabis facility distance separation waiver applications stated below: a) The proposed use will be located in an existing building that is blighted; The tenant suite is located within a building which exhibits no signs of blight defined in Palm Springs Municipal Code Chapter 8.80 (Vacant Buildings; Blighted Property). b) The proposed use will be located in an existing commercial tenant space that has been vacant for an extended period of time or has a demonstrated history of being difficult to lease for commercial uses; According to Business License, the tenant space was previously occupied by a
19Resolution No. Page 3 gift/novelty shop, The Cocky Cactus, between 1994 and 2019. As a result, the tenant space has only been empty for a period of one year. c) Approval of the proposed use will not result in the same type of cannabis use along the same block frontage where the use is proposed to be located; If approved, the proposed cannabis dispensary will be located approximately 357 feet away from an approved cannabis facility (OG Arabian Nights) which is permitted to operate a dispensary and a lounge. Both businesses will be located on the east side of Palm Canyon Drive with their primary elevations facing the street. d) The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations, and business hours; The proposed cannabis dispensary will be immediately adjacent to a sunglass shop to the north and an apparel store to the south. The proposed cannabis facility will be open until 10:00 PM seven (7) days a week, while the closing times of the adjacent businesses are much earlier. e) The applicant has been qualified as a participant in the City's Cannabis Social Equity Program. Although the applicant is the first qualified participant in the City's Cannabis Social Equity Program, the site's proximity to another approved cannabis facility within 500 feet will lead to an overconcentration of cannabis facilities in this area of Downtown. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council hereby denies Case 7.1611 AMM, which seeks relief from the 500-foot-minimum separation distance requirement between cannabis dispensaries and cannabis lounges for Holland Pharms located at 150 North Palm Canyon Drive. ADOPTED THIS 22nd DAY OF October 22, 2020. David H. Ready, City Manager ATTEST:
20Resolution No. Page4 Anthony J. Mejia MMC, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, Anthony J. Mejia, City Clerk of the City of Palm Springs, hereby certify that Resolution No. __ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on __________ , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anthony J. Mejia MMC, City Clerk City of Palm Springs, California
21ATTACHMENT #3
22Town & Country Center ( C::: )
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23ATTACHMENT #4
24I ---... ,_ 0 cu_ RA° ~~ ~ ""'--rCBD '-1/ I " t BELARDO RD_·/; ~ct I • ' I C I -'-L I rZ t '-~ 35Tfeet -ANDREAS RD-z c( ' .....,.;: I (.} CBD I :e ~ _, I '!( -~ c· a; ... -~ " z· 5.DD£~eL ~ ... 0 r-----._. -" -,,? )C ·Jlllll >-CBD -·, I -!II )~ :)i'I lf'CBO z RA I , ___ ! -" ~ JI < A:: ~ "' "! u Q '-1 I z :e l \ , __ :! ~ lj D ) w 7_ z VI I :) ~== -I --E TAHQUITZ·cAlvoN WAY W TAHQUtTZ·CANYON WAY 1 '" ~ ~ r L / PO ~ a: ., 0 -f _, ~ cu ~.,,,,, I n z -l, ~ 0 Legend cJo • RA -z :-If( CBD RA -~ Projed Site u :& --OG Arabian Nights ..J -f ---,.. D 500.f oot Buffer 1 LSC • ll I Cannabis Facilities Within 500 Feet -Permitted Facilities: Name Address Zone Use Distance OG Arabian 232 North Palm CBD Dispensary 357 feet Nights Canyon Drive Lounge
25ATTACHMENT #5
26~ !7/-J f:,{!uhbrJ Le /IP? /1-tJ 111 i ,,; ~ Ir.1th i .e /)71; tJ IL /JI# di F;ca fr~ I') j/olfu11d /;,qrm > frvetf-f . ·. 1 /1 I /)v'ser~f7froh ~ /)0 /). r'?t/lJ.? &nrtJ/11 ~!)611 SqFf PF /of4/ S/tue. j 1/PPs,,PI />F 11.~✓-/ ~/t?~ e. /Jr11,1kr/f' 1/$-e I 5 fvr alJ/'Ni/4; /.efail IJ/1 _l)✓tJd//C,,f_s tlre 5'-e4: /"t"'d q,1c( . /Jr-e-1~e l1;7 e-,~( iJtJ //() ~l'lv,,j1;-;r!'//-ia I :f M/Jt<!:/-S , ;2t'vt5on fi>.R.. /eqq~Sf-,· f /4 ( JV Fr) &/6br:'f /#t/lJ-i FmM . ~ a1dher ~51'.e,,,, 5q,,-f, Th.,, t!;/-y Prtif/lqJJ(!e Jr J'Oa fi: 5epa,ciho~ ~ .. 'ifJ~o,a I direumsf~/lc'r>.s ,; ~er~ I &zu1~7Y /J/1/1;;4;;-f-J; . , · /4v-e a. //r_,d,V fl-e/rveaf-~1// /MlpMfJc<ef-. /N(luq;,~ /Ill /he 41/tlel!',1f fe,uv1/s-Wit/aolhe /he /Jq,9 A t'SS, ·
27ATTACHMENT #6
281. 2. 3. 4. Name of Entity PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Address of Entity (Principle Place of Business) Local or California Address (if diffEfrent thfln #2) · State where Entity is Registered with Secretary of State tJw/, ~rrj1~ -, RECEIVED SEP 2 8 2020 :1!.._i\~!~~ !r-·!'?. ~=~ VICES f1CI:'., r-~:V=-r o,:::~ lT If other than California, is the Entity also registered in California? n Yes n No 5. Type of Entity (H'Cc>rporation D Limited Liability Company D Partnership D Trust D Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity -~_1_/J_i_l_~_A_~_ll_¼_,,_A_ __ {_=--t_€_O_) __ ~fficer D Director D Member D Manager [name] D General Partner D Limited Partner •Other ___________ _ _ 1i_1_k_5 __ ~.........,_~ ........ ¼ ....... u_n_d __ fi ___ 6_e_c ...... )...__ __ ~cer • Director • Member • Manager [name] D General Partner D Limited Partner •Other /II {!e/Ce'~ff? //1 {/o/jl. I j _________________ D Officer D Director D Member D Manager (Revised 05/16/19) [name] D General Partner D Limited Partner •Other ___________ _ CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of2
29. ECEIVEO SEP 2 8 2020 7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entity or a related entity EXAMPLE PLANNING SE(~ DFPD,qTMFt\ JANEDOE 50%, ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity) A. ' 1/oiluntf /tJtJ% /4/k~d f¼,M z;;t' lv1/lt~ [name of owner/investor] [percentage of beneficial interest in entity and name of entity) B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity) D. [name of owner/investor) [percentage of beneficial interest in entity and name of entitv] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. (Revised 05/16/19) CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 VICES tT
30ATTACHMENT #7
31Project Site
32ATTACHMENT #8
33Property Line Adjacent Building t> 4 9' «;! io ~ Roof Projection 140N.Pa:l•canyan ,...,_ 1160 1u-.•a1mc:a..,.,. 1SCI M. Palm ca.,_ Yalettalnst,le 1248 2200 51,4' Property Line, Parking Area OVERALL SITE PLAN "' 15ZN.P" .. can,--• • ..._s~ 1130 N PALM CANYON DRIVE 15811,Pallnc:&IIJOII 980 g2,5' [) 7:"7. _c,._ cs ... 1t50N.PUIICayma -N.PalnlC..,. 2435 "'""'-· -800 c,. c,. i ~ :::::, LU en :::::, ~ .., __.~-14,9' t,. ,, "!.I "'~ er, ci; -04 17VN.Palmcan,en 5,3' 2379 1n ....... Caa,N 925 Property Line 1450 "' '£ $-2 Property Line Roof Projection ~§£' SHEET NO. A-7 r 5l3-092-C10 CCMMERCW. MISCEUANEOUS CONMfRCIAI. 146 N PALI\A CANYON DR PALM SPRINGS, CA 92262 Scale:1"=10' 21,.138SF(GJIACRS) _________ _... _ _,
34 I I D L ~ I I (E) 12• RAISED PLATFORM (E) STFT. Q.AZIING J LINE OF (E) ROOF OVERHANG ABOVE (E) STFT. Q.AZIING ADJACENT G-F.E. : M+IS "-LWAU. MOUNTED : 2AIOBC FIRE EXTINGUISHER I j---UNE OF (E) SOFF'IT ABY. ;; ~I 11' 1n I ;.. TENANT 'cl~ ~--2·-0· w "'I :.. c!., ~ ~ ~I SPACE 7' in' M (ENUSCRW TYP/ OF J) ......,, ... u .. ,_,. !9_2_'._~ 5•-2· (E) TOILET (E) WAU•HUNG LAY. ~I ----· .,_,. J7'-10 112· i· DISPENSARY / SALES Areo::::11,120.ll• ft ADJACENT TENANT SPACE 10'-6 1/4" FLOOR PLAN: EXISTING TENANT SPACE SQUARE FOOTAGES DESCRIPTION or AREA SQUARE FOOTAGES DISPENSARY /SALES 1,12D S.F. HALL 28.8 S.F. OFFICE 159.5 S.F. TOILET 32 S.F. TOTAL Nl.£A UNDER lHIS PERMIT 1,340.3 S.F. AREA NOT A PRT OF THIS PERMIT 850.25 S.F. THESE AREAS ARE MEASURED TO INTERIOR PERIMETER OF EACH SPACE WITHIN THIS TENANT SPACE. LEGEND ~ LOCATION OF MOST PROMINENT ODORS AREA NOT IN USE AT THIS TIME. NOT PART ~ THIS PERMIT. (UNO!R SEPARATE PERMIT) 95'-4 5/&" 11'-=1.1· ·-,;)." 1-• 1/2" J2'-5 112· ~ s ~ ,. ; .. ' 1n E) WAU.•HUNG LAY. ji'-10· SCALE: 1/4" • 1' -o• NOTES: I ,AIR LEAl<AGE: A. MANUFAC1\JREO FENESTRATION PRODUCTS AND EXTERIOR DOOllS SHAU MAYE AIR INF'ILIRATION RATES NOT EXCEEDING 0.3 CFM/H2 OF i't!NOOW AREA. O.J CFM/F'T2 OF ODOR AREA FOR RESIDENTIAL DOORS, O.J CFM/F'T2 OF COOR AR£A FOR NONRESIDENTIAL SINGLE DOORS (SWINCINC ANO SLIDING) YIHEN TESTED ACCORDING TO NFRC-400 OR ASTM E283 AT A PRESSURE DIFFERENTIAL OF 75 PASCALS (OR 1.57 POUNOS/F'T2), INCORPORATED HEREIN BY REFERENCE. B. AU. DOORS SHAU. BE EQUIPPED WITH l'EATHER-STRIPPING ANO SHALL BE TIGHT FITTING. AU. EXTERIOR GLAZING JOINTS ANO PERIMETERS SHAU. BE CAULKED AND SEALED. 2. INSULATION ENVELOPE: A. THE EXISTING SPRAYED FOAM ROOFlNG ANO ROOF/CEILING INSULATION IS TO REMAIN. 3. VENTILATION AIR: A. THE EXISTING MVAC SYSTEM IS TO BE EQUIPPED WITH CARBON F'IL TERS, f1 ,, ,, ,1 ,1 ,1 ,1 n ,1 " f1 en ~ a:: < I 0.. • z < _J _J 0 I -F=~ ::, ;;; ,: ~ ... 0 za .I. G:ia ~ o:::z i!: -c c'i 0"' 1 z g en; ~ l.&..J z ~ ~-c if <~ ':I! , ~ m w > 0:: fl ! :e ! ~t !1 !1 .. s; I ~• U.. ZN z OU) ~ >-~ CL. z. -; <( c) (.) Cl) ~ ~ _J a:: <( 3i = a.. ::?! = I ...J ' <( ~ ~ c_ t-0 z 0 LO T""" 0 A TE S-J0-2020 REVISIONS J08 NUMBER SMEET NUMBER A-2 7
35
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EXTERIOR ELEVATION
HOLLAND PHARMS
150 N. PALM CANYON DR.
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PALM SPRINGS, CA. 92262
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JAMES C. REINMUTH
PLANNINC AN 0 OCSICN
689Ck HERMOSILLO ROAi>, CAl>fEDRAI. CITY, CA 922.J.4
PHONE: (780) 835-1178
e-moil: reinmulhjDm•ao,,at.oo.com
36 i I LINE OF (E)-ROOF OVERHANG L (N) WE (N) RECESS~:;"ERPROOF-------0 ~O~T:~t5'.)!'~Tl~!TURE W.P. (N)QB I A(il) AON) (E) , ,f4b<.N) ~(N) , HATCHING INOICATEs-----"AREA OF MOST PROM<N[NT OOOR" ([) TOILET I ,rr~ (E) ~ , (N) ~N) I eC)(N) : I I : I I I : I I I ~l(N)0~I\~ I ~~c_l_ I I L"'(N) I I I J:,rl l ad~ I I I I ( I I..~ REFLECTED CEILING PLAN / LIGHTING CONTROL PLAN: EXISTING / NEW T(E) .B.HGT. 12•-o• (E)GVP. SO. ABV. 16'-7" LEGEND 0 RECESSED CAN LT. -$-w· 1 TUBE FLOUR. -$cri 2 TUBE FLOUR. Q) J BOX li THERMOSTAT ~ 6"X12" SUPPLY AJR 1~1 1•x2• RETURN AIR R ~ 1'X1' SUPPLY AIR 2'X2" SUPPLY AIR X CEIUNGFAN HATCHING INOICA TES AREA "NOT IN USE AT THIS TIM[" NOT A PART OF THIS PERMIT SCALE: 1/4" • 1' -O" (E) 12" SQ. CEILlGNG TILES (E) WAU.-HUNG LAV, ,, ,, ,, ,, ,, , ,, ,, ,, 7 en ~ C!'. <( :c a.. Cl z :5 _J 0 I i!: ~ z . u ~ :) ;;; ,: ~ ~~ 0 '-! zc ~ ~ f we~~ a::z~:;il ol( 0 0 .c cJu~ci z a::: w -5 cn;~~z La.Jz~a.~ 2...: ~ t <~ ~ -, .!; i I w > 0:: ~• LL Z ('II 2'. 0 ~ >-~ Z· --; <( ~ o en ~~ _J i:2 <( fu ~ a... ~ .-I~ ~ ~ c_ r-0 z 0 LO .... 0 A TE 8-30-2020 REVISIONS JOB NUMBER SHEET NUMBER A-3 I 7
37 i L 513091020 508041008 51309•1111--513091012 513091025 513091023 513091011 513091024 ~ 00 513091010 ,.__ 0 513560079 g 513091005 508041003 It) r ~ '-r--~RA!-H 508041007 508041012 508041019 n -4=, I 513092007 I I :: : --------· ·-\-513560044 ~ 51$60047 o 0 co I,{) (') ..... LO i I F-1513560052 ~ RW $3560046 CJl ..... <,,) CJl g "" 513560080 n 513560051 15135600451 ....i <,,) \ -600' Sensitive Uses Map NOTE -No churches, schools, 513560041 parks or day care faciliites within 600' 150 N Palm Canyon Dr ~ rSi ~ ~ r§> ~ lfu hro c5:! ~ ~ Ct, ~ ~ ~ IS' TA Uf'\1 IIT7 no \ II 'II •~,....,I I ·1-._..,.-.--, -I ~-----------~ 513142001 ll 513143009 513143008 513092006 ~ ~ 0 ('I) in ,..,513092009 151309200~ 513092003 513092004 t I 508053005 I L Rwj_ RW L 513144006P 513144001 8081002 13144007 J L_ 51314400L_ ~-_ __ _ __ Palm Springs CA APN 513 092 010 Prepared 09/21/2020 by Express Mapping __t__ \VTE i ~--+-4-~--=-------508081008 1 inch = 200 feet s II RADIUS MAP-600' sensitive use map 7 ----=n .... ~J <> ~ =>;;; ~ § :::E"' C 8 zo .i ~ I -l!i' l.&J 0 .., "' ~= ~ !! • 0 1 C. i Uziw·E u,;;;~~; L&J z ~ .. e 2,c f • <o.:i: -;, .; : ! ---, DA TE REVISIONS " -r• r, r, r r, r, r, r ,, Joe NUMBER SHEET NUMBER A-0.1