HomeMy WebLinkAbout5A OCRCITY COUNCIL STAFF REPORT
DATE: November 12, 2020 NEW BUSINESS
SUBJECT: REQUEST BY MASSFLORA, LLC FOR AN ADMINISTRATIVE MINOR
MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION
DISTANCE REQUIREMENT FOR A CANNABIS DISPENSARY/ LOUNGE
AT 577 E. SUNNY DUNES ROAD (CASE 7.1609AMM).
FROM: David H. Ready, City Manager
BY: Development Services Department
SUMMARY:
This is a request of the City Council to grant an Administrative Minor Modification (AMM)
for relief from the separation distance requirement for a cannabis dispensary in
accordance with Sections 92.23.15(C)(1) and 94.06.01 (8) of the Palm Springs Zoning
Code (PSZC). The applicant is requesting a separation distance waiver from two
cannabis dispensaries/lounges located within 500 feet of the subject site.
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
MASSFLORA, LLC LOCATED AT 577 EAST SUNNY DUNES ROAD (CASE
7 .1609 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 DISTANCE REQUIREMENT
BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES FOR
MASSFLORA, LLC LOCATED AT 577 EAST SUNNY DUNES ROAD (CASE
7.1609 AMM);"
ITEMNO. 5R
2City Council Staff Report November 12, 2020 --Page 2 7 .1609 AMM -Massflora LLC BUSINESS PRINCIPAL DISCLOSURE: The applicant has filed a Public Integrity Disclosure form stating that Jose Breton is the sole owner/investor. A copy of the form is included as an attachment to this report. BACKGROUND: Related Relevant Cit Not Yet Issued Neighborhood Notice -,. ,-, ,. ·,,-· . --•; -•-•:.:-•n •-\.::: ,.--.~ '!' -~ ~ -~ ~--~ ·---· -· ~ ·-~--·-"-,'"" -Notice of public hearing mailed to addresses within 500 feet of the site, notifying that the subject application would be considered by the 10/29/20 Planning Commission at a public hearing on October 22, 2020. The public hearing notice was also emailed to Neighborhood Organizations within one-mile of the project site. Electronic notice of the subject application was provided to the following Neighborhood Organizations within one mile of the project 10/30/20 site: Midtown, Sunrise Park, Baristo, Historic Tennis Club, Warm Sands, Tahquitz River Estates, Parkview Estates, Deepwell Estates, The Mesa, Indian Canyons, Twin Palms. Field Check 08/25/2020 I Site Area Net Acres I .21 Acres
3City Council Staff Report November 12, 2020 --Page 3 7 .1609 AMM -Massflora LLC Surrounding ·· Existing Land Use ' Property Per Chapter 92 Subject Industrial Property Retail, Bakery Use North & Bar Industrial Uses South and Retail East Vacant West Retail Use STAFF ANALYSIS: Project Description: Existing General Plan -. .,. ---Existing Zoning _ _ _ Designation .~ .. _ _ Designation MU CM (Commercial (Mixed-Use) Manufacturing Zone) NCC CM (Neighborhood (Commercial Community Commercial) Manufacturing Zone) MU CM (Mixed-Use) (Commercial Manufacturing Zone) MU CM (Mixed-Use) (Commercial Manufacturing Zone) MU CM (Mixed-Use) (Commercial Manufacturing Zone) The applicant, Massflora, LLC, is requesting an Administrative Minor Modification (AMM) for a waiver of separation requirements, to establish a cannabis dispensary at 577 E. Sunny Dunes Road. The subject property is located within an area that currently has two approved cannabis uses within 500-feet; thus, an AMM approved by City Council is necessary, pursuant to Section 93.23.15 of the Palm Springs Zoning Code (PSZC) to establish this cannabis business. Additionally, a fourth dispensary is proposed immediately adjacent to the subject site, but the applicant for that project has not yet submitted a waiver application. Located along East Sunny Dunes Road (C-M zone), the dispensary is proposed within a 1, 197-square-foot tenant space within an existing multi-unit building. Approximately 859-square feet of the proposed cannabis facility will be utilized as retail space, with the remaining square footage as ancillary office/storage space. Site Description: The proposed project site consists of two buildings connected in the center by common outdoor restrooms. The building at the rear has five (5) tenant spaces, all of which have been vacant since the early 2000's according to business license records. Due to the vacancies, the project site appears to be falling into disrepair, as trash is beginning to accumulate in the rear parking lot.
4City Council Staff Report November 12, 2020 --Page 4 7 .1609 AMM -Massflora LLC I j \, JMEndeavors INC CALLE ROCA j J -n-p=I ~, [~J-....-1 J_l_L1Pa.1m Springs Coffeeshop, LLC [~, I i----------i 9, ~--~-1_c( 0. w ..J ) rJ 7 r i .J -' CJ II 1-Legend Applications Approved ) Applications Submitted D 500 Foot Site Radius Parcels High End, LLC ( ---/' I ' / Cannabis Facility/Application Concentration Map Cannabis Facilitie__s Within 500 Feet .,,._ ... -· ---.. . ... ., --~ -----,_ ,_ _, .. Permitted Facilities: Name Address Zone Use Distance High End LLC 691 E Industrial Pl C-M Dispensary & 180 Feet Lounge JMEndeavors 400 E Sunny Dunes C-M Dispensary 203 Feet INC Rd Pending Applications: Name Address Zone Use Distance Palm Springs 605 E Sunny Dunes C-M Dispensary & 0 Feet Coffeeshop LLC Rd Lounge -
5City Council Staff Report November 12, 2020 --Page 5 7.1609 AMM -Massflora LLC Conformance to Development Standards: The applicant applied for a Cannabis Related Businesses and Activities Permit from the City of Palm Springs (#C-2019-095). However, due to the proposed location being within 500 feet of two other cannabis lounges/dispensaries, the regulatory permit has not been issued and the applicant is seeking relief from the separation and concentration requirements established in PSZC Section 93.23.15. Subsection (C) stipulates minimum separation and maximum overconcentration requirements for cannabis uses within the City as follows: 1. Cannabis Facilities shall be separated by a minimum five hundred-foot (500J distance, unless modified by the City Council. There are two cannabis dispensaries and a lounge located within 500 feet of the proposed project site. High End, LLC, located at 691 E Industrial Place, is approximately 180 feet from the project site, and JMEndeavors Inc., located at 400 E. Sunny Dunes Road is approximately 203 feet from the project site. High End, LLC is a dispensary and lounge use and JMEndeavors Inc. is a dispensary. Both businesses have already obtained their Regulatory permits from the Department of Special Programs Compliance. Massflora, LLC is only proposing a dispensary and has no plans to include a lounge aspect to their business. Parking Requirements: Off-street parking will be accommodated within the existing parking lot. A total of 5 parking spaces will be required for the proposed use. The site currently provides 8 parking spaces (7 spaces plus 1 ADA), and has been deemed to be legally non-conforming as to parking requirements. Massflora will occupy a space that was previously occupied by a retail business, and will therefore not intensify the parking demand for the complex. Consequently, the parking requirement for this use has been met. ! Parking Requirement r -' --r· -... -,--~ ,-.. ' -... -.. --~ I i" ._ Required ·· --·--Provided --. SF or# Parking . I Use .. Handi Handi-~ Conf. ; of Seats Ratio ) Reg. Reg. . ·--cap I~ -cap Dispensary 1,179 1/300 4 1 7 1 y SF SF I ' ---· ... -' -Rear Building 2,530 1/300 8 0 7 ·J 0 i -N : SF ' ---·-· ,. , ___ ~---TOTAL SPACES REQUIRED 12 .1 7 1 y Regular and Handicap Spaces Req. 1 1 y
6City Council Staff Report November 12, 2020 --Page 6 7.1609 AMM -Massflora LLC FINDINGS: Section 92.23.15(C)( 1) of the Palm Springs Zoning Code authorizes the City Council to waive distance/overconcentration requirements through issuance of a Minor Modification. Pursuant to Palm Springs Zoning Code Section 94.06.01 (8)(3), the following findings must be met to justify approval of a Minor Modification application. Staff has analyzed the required findings as follows: 1. The requested minor modification is consistent with the general plan, applicable specific plans(s) and overall objectives of the zoning ordinance. The subject parcel is designated MU (Mixed Use) by the City of Palm Springs General Plan, which allows for a variety of community-servicing retail commercial professional offices, service businesses, restaurants, public and quasi-public uses. The proposed dispensary is consistent with the General Plan designation. The C-M(Commercial/Manufacturing) zone district allows the dispensary use by right, and the use is therefore consistent with the zoning requirements. However, the zoning code requires that dispensary/lounge facilities be a minimum of 500 feet from any other dispensary/lounge facility; as previously noted, the proposed dispensary is within 500 feet of two other dispensary and lounge facilities. If the separation distance is approved by the City Council, the proposed facility will be consistent with the zoning code. 2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification. The proposed cannabis dispensary will have operating hours that are similar to other businesses in the surrounding area. Businesses in the immediate area consist primarily of retail uses with an existing bar and bakery located across East Sunny Dunes Road. The proposed cannabis facility should not adversely affect neighboring properties; however, the granting of this separation waiver request may result in an over-concentration of cannabis uses in the surrounding area. 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. As part of the cannabis regulatory permit process, the applicant has submitted an odor control plan for review by the Department of Special Program Compliance. Adherence to the City's odor control regulations and other operating procedures as contained in PSMC Chapter 5.55 should reduce immediate impacts to adjacent uses and therefore should not be detrimental to the health, safety or general welfare of persons working in the surrounding area. 4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of
7City Council Staff Report November 12, 2020 --Page 7 7 .1609 AMM -Massflora LLC the property or neighborhood. There are no features unique to the site that would warrant approval of a separation waiver, in terms of the parcel size, orientation, topography, or other site features. The project location is an existing legally-permitted building, and there are no unique features that would justify the request. 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 proposed use is located within a building which exhibits signs of blight, as defined in PSMC Chapter 8.80 (Vacant Buildings; Blighted Property). 6. The proposed use will be located in an existing commercial tenant space that has an extended period of time or has a demonstrated history of being difficult to lease for commercial uses. The proposed use will be located in an existing commercial tenant space that was recently vacated by a retail business, Bones and Scones. The retail business operated from the tenant space between 1999 and 2020. Per the applicant, the building is currently vacant, and Bones and Scones has relocated. The building facing Sunny Dunes does not have a demonstrated history of being difficult to lease for commercial uses; however, the building at the rear of the property has proved difficult to lease, as it has five (5) tenant spaces which have been vacant for a number of years. 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. Approval of the proposed use will result in the same type of cannabis use along the same street frontage; however, the nearest dispensary (JMEndeavors) is not on the same block. JMEndevors Inc. is located on the north side of East Sunny Dunes Road, and the proposed facility will be located on the south. High End LLC is located on a different street from Massflora, and is not visible or easily accessible to the proposed dispensary. 8. The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations and business hours. The project site is located along East Sunny Dunes Road, directly across the street from an existing bar, bakery and retail store. The proposed facility will be generally harmonious with the businesses located within the surrounding area. The hours and operations are compatible with existing businesses and adherence to the City's regulations governing cannabis-related businesses will reduce any potential
8City Council Staff Report November 12, 2020 --Page 8 7 .1609 AMM -Massflora LLC impacts to adjacent businesses. 9. The applicant has been qualified as a participant in the City's Cannabis Social Equity Program. The applicant is not a 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 I exemption and is categorically exempt per Section 15301 (a) (Existing Facilities). SUBMITTED BY: lnn ~g, AICP l Development Services Director <-.. >2~~~ David H. Ready,Esq.. City Manager Attachments: 1. Vicinity Map 2. Map of Cannabis Facilities 3. Draft Resolutions 4. Justification Letter 5. Public Integrity Disclosure Form 6. Site Plan, Floor Plans 7. Existing Photos Marcus L. Fuller, PA, P.E., P.L.S. Assistant City Manager
9Department of Planning Services Vicinity Map RAMON RD ~r-----. ( 1----11----1 < 1----1---1 ~ ->-----+---I < 1-------il----l Cl)t---t----1 0 :; i t---1----1 ~lt--1----i~ ;~1----1 ~ : < ..J ..J Cl) ~1----1 < .... w u < .... 1-1----1 ---u .... l----+-------1 < 1-+----iOt---+----i ,------._____, .... a: ____J____, I -----..... --..... I -----._J _ ____ -....__ .... __ .... __ .... __ -------Legend ~Site ____ --·----........... ) I----/ D 500' Site Radius --Parcels J CITY OF PALM SPRINGS 577 EAST SUNNY DUNES ROAD -N W E ~ s
10Department of Planning Services Map of Cannabis Facilities 577 East Sunny Dunes Road . CALLE ROCA r----1, I 1------r·---·-------1 ~TT LU, ...,.,....,...,;m, I : I Legend .Applications Submitted C] 500 Foot Site Radius --Parcels Cannabis Facilities Within 500 Feet Permitted Facilities: Name Address High End LLC 691 E Industrial Pl JMEndeavors 400 E Sunny Dunes INC Rd Name Address Palm Springs 605 E Sunny Dunes Coffeesho LLC Rd ·t -INDUSTRIAL PL fr·~~-;'.!,:!~ ~ 1 if~~ """ --' ; ---·---~. ,_._; ----...... -......... _ ..... .,. ---~-..... _ Zone Use Dispensary & Loun e Dispensary Zone Use Dispensary & Laun e W-; N '·.E "' , . -~ .· s Distance 180 Feet 203 Feet Distance 0 Feet
11RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT FOR MASSFLORA, LLC A CANNABIS DISPENSARY LOCATED AT 577 EAST SUNNY DUNES ROAD (CASE 7.1609 AMM). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Massflora, LLC has filed an Administrative Minor Modification (AMM) request pursuant to Section 93.23.15(C)(1) of the Palm Springs Zoning Code, seeking relief from the minimum separation distance requirements of five-hundred (500) feet for the subject site located at 577 East Sunny Dunes Road, APN 508-163-003 (Case 7.1609 AMM). B. Palm Springs Zoning Code (PSZC) Section 93.23.15(C) provides specific guidelines regarding separation between two uses as measured in a straight line, without regard to intervening structures, from the nearest property line of the property on which the cannabis facility is located to other cannabis dispensary/lounges within five-hundred (500) feet. C. 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)(2) 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: 1. The requested minor modification is consistent with the General Plan, applicable specific plan(s) and overall objectives of the zoning ordinance. The subject parcel is designated MU (Mixed Use) by the City of Palm Springs General Plan, which allows for a variety of community-serving retail commercial, professional offices, service businesses, restaurants, public and quasi-public uses. The proposed dispensary is consistent with the General Plan designation. The C-M (Commerical/Manufacturing) zone district allows the dispensary use by right, and the use is therefore consistent with zoning requirements. However, the zoning code requires that dispensary/lounge facilities be a minimum of 500 feet from any other dispensary/lounge facility, unless a waiver is otherwise approved by City Council. Approval of this waiver application will allow the use as proposed.
12Resolution No. Page2 2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification. The proposed cannabis dispensary will have operating hours that is similar to other businesses in the surrounding area. Businesses in the immediate area consist primarily of retail uses, with an existing bar and bakery located across East Sunny Dunes Road. The proposed cannabis facility should not adversely affect neighboring properties, provided the applicant adheres to the operating procedures specified in PSMC Chapter 5.55 for cannabis uses. 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. As part of the cannabis regulatory permit process, the applicant has submitted an odor control plan for review by the Department of Special Program Compliance. Adherence to the City's odor cotnrol regulations and other operating procedures as contained in PSMC Chapter 5.55 should reduce immediate impacts to adjacent uses and therefore should not be dtrimental to the health, safety or general welfare of persons working in the surrounding area. 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. There are no features unique to the site in terms of the parcel size, orientation, topography, or other site features; the project location is an existing legally-permitted building. E. Resolution 24 799 provides the following optional five (5) 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 proposed use is located within a building which exhibits signs of blight, as defined in PSMC 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; The proposed use will be located in an existing commercial tenant space that was recently vacated by a retail business, Bones and Scones. THe retail business operated from the tenant space between 1999 and 2020. Per the applicant, the building is currently vacant, and Bones and Scones has relocated. The building facing Sunny Dunes does not have a demonstrated history of being difficult to lease for commercial uses; however, the building at
13Resolution No. Page 3 the rear of the property has proved difficult to lease, as it has five (5) tenant spaces which have been vacant for a number of years. 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; Approval of the proposed use will result in the same type of cannabis use along the same street frontage; however, the nearest dispensary (JMEndeavors) is not on the same block. JMEndeavors Inc is located on the north side of East Sunny Dunes Road, and the proposed facility will be located on the south. High End LLC is located on a different street from Massflora, and is not visible or easily accessible to the proposed dispensary. d) The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations, and business hours; The project site is located along East Sunny Dunes Road, directly across the street from an existing bar, bakery, and a retail store. The proposed facility will be generally harmonious with the business located within the surrounding area. The hours and operations are compatible with existing businesses and adherence to the City's regulations governing cannabis-related businesses will reduce any potential impacts to adjacent businesses. e) The applicant has been qualified as a participant in the City's Cannabis Social Equity Program. The applicant is not a 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 7.1609 AMM, which seeks relief from the 500-foot-minimum separation distance requirement between cannabis dispensaries and cannabis lounges for Massflora, LLC, at 577 East Sunny Dunes Road. ADOPTED THIS 12TH DAY OF NOVEMBER, 2020. David H. Ready, City Manager
14Resolution No. Page4 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
15RESOLUTION NO. --A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT FOR MASSFLORA, LLC A CANNABIS DISPENSARY LOCATED AT 577 EAST SUNNY DUNES ROAD (CASE 7.1609 AMM). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Massflora, LLC has filed an Administrative Minor Modification (AMM) request pursuant to Section 93.23.15(C)(1) of the Palm Springs Zoning Code, seeking relief from the minimum separation distance requirements of five-hundred (500) feet for the subject site located at 577 East Sunny Dunes Road, APN 508-163-003 (Case 7.1609 AMM). B. Palm Springs Zoning Code (PSZC) Section 93.23.15(C) provides specific guidelines regarding separation between two uses as measured in a straight line, without regard to intervening structures, from the nearest property line of the property on which the cannabis facility is located to other cannabis dispensary/lounges within five-hundred (500) feet. C. 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)(2) 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: 1. The requested minor modification is consistent with the General Plan, applicable specific plan(s) and overall objectives of the zoning ordinance. The subject parcel is designated MU (Mixed Use) by the City of Palm Springs General Plan, which allows for a variety of community-serving retail commercial, professional offices, service businesses, restaurants, public and quasi-public uses. The proposed dispensary is consistent with the General Plan designation. The C-M (Commerical/Manufacturing) zone district allows the dispensary use by right, and the use is therefore consistent with zoning requirements. However, the zoning code requires that dispensary/lounge facilities be a minimum of 500 feet from any other dispensary/lounge facility; as previously noted, the proposed dispensary is within 500 feet of two other dispensary/lounge facilities. Consequently, the proposed facility is not allowed unless a separation waiver is approved.
16Resolution No. ---Page2 2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification. The proposed cannabis dispensary will have operating hours that are similar to other businesses in the surrounding area. Businesses in the immediate area consist primarily of retail uses, with an existing bar and bakery located across East Sunny Dunes Road. The proposed cannabis facility should not adversely affect neighboring properties; however, the granting of this separation waiver request may result in an over-concentration of cannabis uses in the surrounding area to the detriment of adjacent businesses. 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. As noted in finding (b) above, this request may add to an over-concentration of cannabis faciities within the immediate vicinity, creating a "cannabis neighborhood." Failure on the part of the applicant to adhere to the approved odor control plan or to maintain operations in accordance with the requirements of PSMC Chapter 5.55 may result in impacts to the general health, safety and welfare of persons within the vicinity. 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. There are no features unique to the site that would warrant approval of a separation waiver, in terms of the parcel size, orientation, topography, or other site features. The project location is an existing legally-permitted building, and there are no unique features that would justify the request. E. Resolution 24799 provides the following optional five (5) 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 proposed use is located within a building that is beginning to show signs of blight, as defined in PSMC Chapter 8.80. 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; The proposed use will be located in an existing commercial tenant space that was recently occupied by a retail business, Bones and Scones, for a period of over 20 years. This building does not have a demonstrated history of being
17Resolution No. __ _ Page 3 difficult to lease for commercial uses. 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; Approval of the proposed use will result in the same type of cannabis use along the same block frontage. JMEndeavors Inc is located along East Sunny Dunes Road. The other existing cannabis facility, High End LLC, is located on a different street and is not visible or easily accessible from the subject site. d) The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations, and business hours; The project site is located along East Sunny Dunes Road, directly across the street from an existing bar, bakery, and a retail store. The proposed facility will be generally harmonious with the business located within the surrounding area; however, approval of this distance waiver may result in a concentration of cannabis-related facilities in the immediate area, to the detriment of other uses. e) The applicant has been qualified as a participant in the City's Cannabis Social Equity Program. The applicant is not a 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 denies Case 7.1609 AMM, which seeks relief from the 500-foot-minimum separation distance requirement between cannabis dispensaries and cannabis lounges for Massflora, at 577 East Sunny Dunes Road. ADOPTED THIS 12TH DAY OF NOVEMBER, 2020. David H. Ready, City Manager ATTEST: Anthony J. Mejia MMC, City Clerk
18Resolution No. ---Page4 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
19S:E~P A T T O R N E Y S REPLYTO: ROBERT L. PATTERSON patterson@sbemp.com ADMITTED IN CA Palm Springs, California August 3, 2020 Planning Commission City of Palm Springs c/o Department of Planning Services 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Cannabis Related Business and Activities Application C-2019-082 (577 E. Sunny Dunes Road, Palm Springs, CA 92264 Honorable Planning Commission Members: This letter is written on behalf of Massflora, LLC, a Massachusetts corporation ("Applicant") in support of Applicant's request for an Administrative Minor Modification to allow a cannabis dispensary and delivery service at 577 E. Sunny Dunes Road, Palm Springs, CA 92264 (the "Property"). Cannabis dispensaries are uses by right in the area in question. However, since there are three other dispensaries in the area this Administrative Minor Modification must be approved. The anticipated benefits to the City are considerable and will contribute to an economic recovery in the wake of the COVID-19 crisis and economic downturn. The Property is improved with an existing building having 1118 square feet (the "Project"). The applicant is remodeling the building in connection with this application and bringing it up to current building code standards and to improve its appearance. The Building is currently vacant, and will not result in an increase in intensity of use based on the other uses of right within the zone for the existing building. As a high-quality cannabis dispensary and delivery service -not a grow facility-there is a small potential for odor. However, the product is kept sealed at all times unless being handled. Furthermore, the applicant has retained an engineer to prepare an odor mitigation plan that will be implemented and followed at all times to reduce the odor associated with the cannabis product. No significant negative impacts are expected on the surrounding communities as a result. While the project will create some motor vehicle and pedestrian traffic, this traffic will occur when the vacant building is occupied no matter what the intended use. A cannabis dispensary does not create any more traffic than the other uses by right within the zone. Some of the other uses that could occupy the building are industrial in nature so the cannabis business represents a low impact alternative 1800 E. Tahquitz Canyon Way Palm Springs, California 92262 T (760) 322-2275 • F (760) 322-2107 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP 650 Town Center Drive, Suite 1400 Costa Mesa, California 92626 T (714) 435-9592 • F (714) 850-9011 2240 Fifth A venue San Diego, California 92101 T (619) 501-4540 www.sbemp.com 103 Carnegie Center Blvd., Suite 101 Princeton, New Jersey 08540 T (609) 955-3393 • F (609) 520-8731 405 Lexington Avenue, 26"' Floor New York, New York 10174 T (212) 829-4399
20August 4, 2020 Page2 The Project is anticipated to result in multiple benefits for the City. First, the Project is anticipated to increase commercial activity in the area developing additional tax revenues to the City as well as commercial activity. The Project will create additional economic opportunities for other retail businesses in the community as well as employment opportunities. The dispensary will make both recreational and medical marijuana available to residents, visitors and those having medical needs. Finally, it will produce much needed job opportunities that are immune from the COVID-19 downturn in business. Given the nature of the Project, the Property will operate from 9 A.M. to 10 P .M., seven days per week, with an additional six (6) to ten (10) employees for all shifts. This will enhance employment opportunities within the City of Palm Springs and support businesses patronized by the employees. Prior to initiating operations, and as a continuing requisite to conducting operations, the applicant has applied for a regulatory permit from the City Manager under the terms and conditions set forth in Chapter 5.55 of the Palm Springs Municipal Code and will fully complied with the provisions of this Section. The Palm Springs Zoning Code provides that the Property is within the C-M zone. The C-M zone is intended for heavy commercial and certain light industrial uses, particularly service industries for commercial, hotel and indu~trial uses. (PMC 92.15.00). Under the C-M zone the proposed cannabis dispensary is a use by right with no conditional use permit required. The property development standards contained in Section 93.23.15 of the Code do apply and have been complied with. The cannabis dispensary and delivery service supports the City's high end tourist industry. Section 93 .23 .15 of the Palm Springs Municipal Code provides in pertinent part that Cannabis Dispensaries and Cannabis Lounges shall be separated by a minimum five hundred foot (500') distance from each other unless the project is in a Cannabis Overlay Zone. The Property is not within the Overpay Zone. There are three other dispensaries within the radius. The City Council may waive the separation requirements under the minor modification procedure set forth in Palm Springs Municipal Code Section 94.06.0 l .B. The 500 foot separation requirement is not supported by a rational basis, should not be applied and under any circumstances must not be applied to the current application. This letter contains the evidence supporting the findings for approval by the City Council of a Minor Modification: a. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance; The General Plan designation of the area in question is "Mixed Use/Multi-Use". "Specific uses intended in these areas include community-serving retail commercial, professional offices, service businesses, restaurants, daycare centers, public and quasi-public uses." As a retail commercial business the Project fits squarely within the intended uses. The General Plan Land Use Element identifies many goals that will be supported by the proposed use. For example, "achieving a balance of land uses also means establishing land uses that provide a strong fiscal foundation for the City. In terms of an economic base, Palm Springs is primarily a resort city, whose future depends on climate, access, recreational opportunities, and retail opportunities. For
21August 4, 2020 Page 3 practical purposes, the majority of businesses in the City provide retail services to the tourist population, with a growing number of businesses catering to the year-round population." The Cannabis business creates tourism, recreational activities and new economic opportunities for everyone in the community. "GOAL LUl: 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." The Project is environmentally friendly and will not create an excess of cannabis related businesses in the City. Goal LU2 is to "maintain the City's unique "modern urban village" atmosphere and preserve the rich historical, architectural, recreational, and environmental quality while pursuing community and business development goals." Goal LU4 is to "attract and retain high-quality, sustainable commercial development." LU7.1 Encourage a diversity of high-quality commercial uses, attractive to both the resident and the visitor, including retail, entertainment, cultural, and food sales, in appropriate areas of the City. LU7.2 Cannabis is a sustainable industry with minimal negative impacts on the environment despite its significant positive impact on tourism, jobs, recreation and entertainment. It does not rely on the mass consumption of resources and resulting pollution and greenhouse gases. It creates job opportunities and a healthy recreational lifestyle associated with outdoors activities, dining and entertainment. All of these economic activities create economic activity but not at the expense of the environment. Further, the cannabis business is consistent with the village like and artistic atmosphere being sought by the City. Cannabis use is associated with artistic creation and enjoyment. Appreciation and use of cannabis also creates an atmosphere favorable to walking, shopping, eating and entertainment. Goal LU7 is to "maintain and enhance the City's status and image as a premier resort destination and cultural center in the Coachella Valley." The cannabis business is closely associated with the resort business. Vacationers want recreational opportunities to enhance their experience. Increasingly cannabis is required for a community to keep up with changing demographics. By allowing this and other cannabis businesses the City will remain relevant to a younger demographic that expects cannabis as a part of any desirable tourist community. The applicant will also bring much needed jobs tax revenues and economic activity to the City. The applicant's business plan and security plan are detailed and based on years of experience in the cannabis industry. The security plan assures that possible safety issues are mitigated to the highest extend possible. Given the current economic and business downturn due to COVID -19 this Project offers an opportunity to support local business and employment opportunities. The City should take every opportunity to stimulate the economy by allowing new business to enter the marketplace. The objectives of the Palm Springs Zoning Code are for "promoting and protecting the public health, safety and welfare of the people of the city of Palm Springs and to provide for the social, physical and
22August 4, 2020 Page4 economic advantages resulting from comprehensive and orderly planned use of land resources ... " The Palm Springs Zoning Code provides that the Property is subject to the C-M zone. The C-M zone is intended for heavy commercial and certain light industrial uses, particularly service industries for commercial, hotel and industrial uses. (PMC 92.15.00). Under the C-M zone the proposed cannabis dispensary is a use by right and no conditional use permit is required. The property development standards contained in Section 93.23.15 of this Code apply and will be adhered to by the applicant. The Project will produce a minimum of negative impacts compared with other uses by rights and a wealth of immediate positive impacts needed for the community to recover from the COVID pandemic. b. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification; The project is a high quality operation with a remodeling plan that will assure that Palm Springs and the neighborhood will have an excellent appearance and reputation. The cannabis business is a relatively new experience for the City, but will soon become established and desirable neighborhood businesses. The interior of the property will be remodeled creating an attractive and pleasing experience for the visitors. The project has six regular parking spaces plus one handicapped parking space which is well above the five (5) required by the PSMC and will assure that on street parking is minimized. The Project is subject to a security plan and an odor mitigation program designed by a registered engineer so these potential issues will be addressed. The use will also create additional visits to the area that will create business opportunities for surrounding areas. Placing similar businesses in the same area has been shown to actually create synergies between the neighboring businesses by enhancing customer choice and enhancing overall business activity. This dynamic is seen with automotive dealerships, jewelry markets, farmers' markets and other industries. The lilkihood is that these businesses will create synergies that enhance business for each of the dispensaries. This will establish Palm Springs as a pioneer in this nascent and growing industry and lifestyle. It will enhance tourism, outdoor recreation, nightlife and healthy lifestyles that the City of Palm Springs is known for throughout the world. 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; The applicant has many years of successful operations in the Colorado cannabis industry and has had no history of compliance actions. The project will generate jobs, tax revenue and business activity. Parking is available onsite in accordance with the PSMC. The applicant has detailed business, operations, and safety and security protocols to assure that the business is a positive addition to the City of Palm Springs. Rather than creating a detriment to the health, safety and welfare the public will benefit from the project in numerous ways. Leaving the existing building vacant creates blight and the potential for criminal activity. This business is a positive addition to the City and will assure that the City is involved in this new industry that is important to future development of the City. The cannabis business in no longer viewed as a risk to the community and it has been seen from the dispensaries in the Coachella Valley that they complement the lifestyle and promote a better quality of life for many. 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
23August 4, 2020 Page 5 The project will create synergies with neighboring businesses of all types. The area surrounding the project is light industrial and retail. Antiques stores and vintage automobile sales predominate. The boutique nature of the applicant's cannabis business fits in perfectly with these other uses on Sunny Dunes. The building itself is the correct size for a boutique cannabis dispensary and delivery services and has the required parking. The building style and nearby improvements promote casual walking from one business to another. The whimsical nature of the vintage auto and antique buying experience is consistent with the cannabis business and the boutique nature of the dispensary. The nearby cannabis businesses will not cannibalize one another but instead will create synergies to benefit neighboring cannabis businesses. In addition to the forgoing, the following factors may be considered by the City Council, but these factors are not mandatory factors. a. The proposed use will be located in an existing building and the building where the proposed use is to be located has been vacant for a period of two (2) or more consecutive years. The existing use has been vacant for over one year and will be approaching two years soon. This application is an opportunity to end that vacancy and secure a solid business in the location. No other uses are currently proposed for the location. Failure to approve the application will likely leave an abandoned building with no use. b. Approval of the proposed Cannabis Facility will not result in an undue overconcentration of cannabis-related uses within the same block or along the street frontage where the Cannabis Facility will be located to the detriment of other permitted uses. The nearby cannabis businesses will benefit one another and will cause no detrimental effects on the community. There is no issue of over-intensification as the nearby dispensaries will complement one another. It has been shown that neighboring businesses of the same kind create additional business through synergies. The area is directly off of Palm Canyon Way and near the tourist and dining areas of the City. The consumer demand in this area and the synergies created by nearby business create customer choice and business opportunity. The anticipated business in the area will foster economic development in a part of the City that is current less active. This in turn will enhance this and neighboring communities creating a unique and desirable atmosphere in this area and neighboring communities. c. The applicant has demonstrated experience working at a licensed Cannabis Facility within the City or another jurisdiction, whether as an owner, operator or employee, without any documented violations of State or local law, and without maintaining any documented public nuisances within the City or other jurisdiction. The applicant has many years of successful experience in Colorado and currently operates six ( 6) dispensaries and two cultivation operations. In addition the applicant has a microbusiness in Long Beach, California with a dispensary, delivery and manufacturing. Due the extensive knowledge and experience of the industry the Project
24August 4, 2020 Page 6 will immediately be one of the premier cannabis dispensaries and will quickly gain acceptance and clientele. The applicant has no nuisance other violations of law in its history, and has been a professionally run business for many years. The applicant's business and security protocols are extensive and represent the highest standards in the industry. e. Any similar consideration specific to the property or operation of the use which warrants a modification to the separation requirements. By approving this project the Planning Commission has the opportunity to advance the City's goal of being a first class tourist destination that will remain relevant to younger consumers while generating an immediate boost to the economy and jobs. The Project will contribute to a village like atmosphere, compliment other areas of the City and will help the City emerge from the COVID-19 economic downturn. Very truly yours, SBEMPLLP Robert L. Patterson
25DocuSign Envelope ID: 5E4A3595-B5E3-494C-A087-764F7354B133 1. Name of Entity Massflora LLC PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 2. Address of Entity (Principle Place of Business) 11046 E. Louisiana Pl, Aurora CO 80012 3. Local or California Address (if different than #2) 1267 Willis St. STE 200, Redding CA 96001 4. State where Entity is Registered with Secretary of State Massachussets If other than California, is the Entity also registered in California?~ Yes n No 5. Type of Entity D Corporation [!] 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 Jose Breton __________________ D Officer D Director D Member [!] Manager [na D General Partner D Limited Partner •Other ____________ _ __________________ D Officer D Director D Member D Manager [na D General Partner D Limited Partner •Other ____________ _ __________________ D Officer D Director D Member D Manager (Revised 05/16/19) [na D General Partner D Limited Partner •Other ____________ _ CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2
26DocuSign Envelope ID: 5E4A3595-B5E3-494C-A087-764F7354B133 7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entity or a related entity EXAMPLE JANEDOE 50%, ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] A. Jose Breton 100% [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 entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party, Printed Name, Title Date Jose Breton, Manager 9/10/2020 r:DocuSlgned by: C2§C7?~ c..5 -E65CD83244E2495 ... 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 2 of 2
27__ ..._ T.l SPACE UNDER THIS PERMIT IIIIPIW 10 A•2J PQI De'ICUTICIN MC TJ. "-CCIII fll.AN TOTALNTDICACQ.FT. tOISQ.n. TOT"'"COHff.8Q.FT. ,.,nu:an. I~ .... I m!r...~~t:i,••u1ncm. ,lll'llltu fOT#ILO!lUlfllKM)SJ &=zPLJl.!IID4 ~wc-,""-~~•AClll~fO -----------------------------"c----IE.SlH,IYDt.lEI~ ------------------------REMODEL 51TE FLAN Ci) -FilE-HOD-EL -. H 0-CCU-FANC-..,.. -( EX-ISTINC:r--M-OCC-UFAN-cr-) ---,&c:,.,,...,,...,,.ALE,..,...,.,...-V4' • ~l'•OEI' ,-H==,-------...--------+~~-...l..61U1r----~ 11-----if-----t --Dee~--.... ...,,,. E.M.JtflffDUfDl'tOAD ·-·-----·-·-·-·-·-·-·-·-·-i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-· EXISTING 51TE FLAN / FLOOR FLAN Ci) -FilE-HOD-EL --M OC-CUF-ANC-Y (-EXIS-TING--M-OCC-UFAN-cr )--&c:-ALE, ,-,4•, 1•--e• SCALE: 1/4" ~ 1'-0" PROJECT NO: FILE: S H E ET A-1.1
28F7 / v' r'\ ~ " ..__,_ EXISTINC:s NORTl4 STREET ELEVATION ~ / / ,, ~ " __ , :: NEW NORTH STREET ELEVATION F7 <> / K: " --'"'-.;; IWll.•l'IADIXll!Ni flllflLGDOQI·-·---I <> '"'-.;; NOTE, OHL Y ~ IN El.£VATICIN IIIU e£ TO ~Fl.ACE EXTERIOR DOOR WITI-1 GLAS& TI-IAT II.ILL MATal EXISTl!ltii Gl.AZl«s. I I I I I I I I I SQUARE FOOTAGE TABLE RETAIL Dea<-OI.IT OFFICE STORAGE UNISEX RR (E)STORAGE TOTAL INTERIORSC. FT. 751 SQ.FT. 108SQ. FT. 9280. FT. 123SQ.FT. 55SQ. FT. 50SQ. FT. 1,179 SQ.FT. TOTAL CONST. SQ. FT. 1,317 SQ.FT. ~----------------------~------------.--_fo!E __ M_O_D_E_L_F_L_O_O_R_P_L_AN ____ ,,_n_SQ._FT_. -_T_OT_AL_ca.s __ TRJCT __ I_CIN __________ --·LE-, v-, •• -.-,.-_,,-. -G) REMODEL -M OCCUPANCY ( EXl&TING -M OCCUPANCY' ) -~ 18 ALLOJJABLE OCCUPANTS ------.......,., , ... _,, =~-1 .......... i ----..., .. l'll)C"'-"""aAc.LGMCl 1--•cx;apMJt ---~OCCIPMIJ,..._h.J ..... ., ... y """"'""" .. _ .., ... i.mnALcoeTJ ~•II r~rlmll y -----y 11:ll'T ... MI -·-ALL EXITS ARE ACCESSIBLE I SCALE: 1/4" • 1·-0· PROJECT NO: AL£: SHEET A-2.1
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