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2-A Public Comment
Anthony Mejia From: Monique Lomeli Sent: Thursday, November 4, 2021 3:26 PM To: Anthony Mejia Subject: Public Comment Nellie Zarate called to provide comments: Item 2A: She is opposed to allowing a medical marijuana dispensary on Research Drive. Her daughter's dance class is right down the road and she does not want odors and the clientele so close to children in the classes. There are already parking/traffic challenges in this area and she feels that the dispensary would compound the issue. Item 513: Ms. Zarate is strongly opposed to the Navigation Center on McCarthy. Her family lives in the Desert Highland community and it is already challenged with drugs and violence. Building the navigation center in this area would make the area more dangerous. Monique M. Lomeli, CMC Chief Deputy City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 T: 760.323.8204x8356 F: 760.322.8332 It I q I v21 mmer��- IrE,M roc. 214 _ V BRUCE T. BAUER, ESQ. S=Eup Of Counsel ADMITTED IN CA A T T O R N E Y S November 4, 2021 VIA U.S. MAIL & EMAIL cityclerk@palmspringsca.gov Anthony J. Mejia, MMC City Clerk Flinn.Fagg@palmspringsca.gov Flinn Fagg, AICP Development Services Director CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 REPLY TO: 1800 E. Tahquitz Canyon Way Palm Springs, Califomia 92262 T (760) 322-2275 • F (760) 322-2107 bauerna.sbemp.com Re: APPEAL OF CONDITIONAL USE PERMIT, CASE #5.1480 GREEN SAVANTS, LLC ON BEHALF OF DLY PACIFIC WEST HALL, LLC / 888 EAST RESEARCH DRIVE City Council Appeal Hearing on November 4, 2021, at 5:30 p.m. Dear Messrs. Mejia and Fagg: Please accept this further letter on behalf of our client, Green Savants, LLC on behalf of DLY Pacific West Hall, LLC (sometimes the "Applicant"), and convey this letter to the appropriate parties at the City of Palm Springs (the "City"), including members of the City Council. This letter, like the one we forwarded on October 29, 2021, is part of an appeal by Applicant with regard to denial of the City's Planning Commissions of Applicant's proposed cannabis cultivation and manufacturing facility within the existing building located at 888 E. Research Drive, Palm Springs (the "Property") (the "Project.") There are a couple of issues that recently came to light in this matter that we thought important to raise in advance of the hearing tonight so that they are part of the record in this matter. 1. CK Dance Sought Special Permission to Operate in the City's Manufacturing/Industrial Zone. It is important to note that CK Dance is the principal opponent of the Project and is located in the M-1-P industrial zone. On July 22, 2009, the City's Planning Commission determined the use by CK Dance is similar to other uses in an M-1-P zone, thus allowing them to locate and open there. (See agenda item 213, Case # 10-469, attached as Exhibit 1 hereto.) Under Palm Springs Municipal Code Section 91.00.04, the zoning in the area of the Project is a "Manufacturing/Industrial" zoned area. Therefore, CK Dance specifically requested that it be located within that area. CK Dance specifically requested that is be permitted to be in this zone and that "[t]o determine that a dance SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA Indian Wells, CA Costa Mesa, CA San Diego, CA T (760) 322-2275 T (760) 322- 9240 T (714) 435-9592 T (619) 501-4540 www.sbemt).com Princeton, NJ New York, NY T (609) 955-3393 T (212) 829-4399 ITEM NO. 17 ?tAbvic, c�� Anthony J. Mejia, MMC Flinn Fagg, AICP CITY OF PALM SPRINGS November 4, 2021 Page 2 studio use is a similar use to other permitted uses allowed within the M-1-P zone." Therefore, CK Dance cannot seriously maintain that it is a "youth center" since it specifically requested that its use be determined to be similar to other permitted uses allowed in the City's manufacturing/industrial zone. Once CK Dance studio obtained that permission to operate in this zone it cannot then turnaround and complain about other uses in that zoning area that are specifically allowed, such as the Project. 2. The City has Previously Allowed Other Dance Studio Near Cannabis Dispensaries. The City has previously allowed other cannabis dispensaries to be located near dance studio. On December 16, 2015, the City Council considered issuing one (1) additional cannabis permit allowing one of the applicants (P. S. Patients Collective) to be considered even though they were next door to SAJ Dance Productions, a dance studio. Ultimately, the license was awarded to Joy of Life Wellness as they were considered most qualified of many applicants. (See, pertinent portions of the City Council Minutes of December 16, 2015, attached as Exhibit 2 hereto.) The City also approved the Coachella Valley Green Dragon dispensary on or about April 25, 2018. This dispensary was located near Marquee Academy of Performing Arts, a private school that offered music and dance programs and private lessons to all ages. Ultimately, the City Council determined that Marquee was not a school and waived the distance requirement. Green Dragon is licensed and operating currently. See, April 25, 2018, correspondence from City to CV Green Dragon Re Completeness Review, attached as Exhibit 3; Coachella Valley Green Dragon — Separation Distance Response, dated May 15, 2018, attached as Exhibit 4; Coachella Valley Green Dragon — Separation Distance Appeal, dated May 15, 2018, attached as Exhibit 5; May 15, 2018, letter to CV Green Dragon re Supplemental Plan Review, attached as Exhibit 6; City's June 2018, Monthly Submittals (Last page, 3rd item), attached as Exhibit 7; 2017; City Planning Department Application Administrative Minor Modification, attached as Exhibit 8; and, June 14, 2018 Justification Letter, attached as Exhibit 9. 3. There are Numerous Other Instances where "Youth Center" is defined in Municipal Codes These Examples Should be Persuasive in the City's Determination that CK Dance is not a "Youth Center". There are numerous other instances where "youth center" is defined in municipal codes that should be persuasive on the topic of whether or not CK Dance is a "youth center." A. Port Hueneme. On March 29, 2017, the City of Port Hueneme Amended Article X of the Municipal Code to conditionally permit cannabis facilities in certain zones: "Part F Commercial Cannabis Activity Anthony J. Mejia, MMC Flinn Fagg, AICP CITY OF PALM SPRINGS November 4, 2021 Page 3 10293 - Definitions. "Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors including, without limitation, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. (See, Exhibit 10 hereto which contains pertinent portions of that ordinance.) B. City of Milpitas. City of Milpitas — Excerpt of City Code —EXHIBIT A SECTION 66 - MEDICAL AND ADULT -USE CANNABIS REGULATIONS XI-10-66.02- Definitions For purposes of this Section 66, the following definitions shall apply: W. "Youth center" means any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city, county or state parks. This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations. (See, Exhibit 11, which contains pertinent portions of that ordinance.) C. City of Placerville. October 9, 2018, City of Placerville — Except of "AN ORDINANCE REPEALING TITLE 5 CHAPTER 25 AND ADDING TITLE 5 CHAPTER 28 TO THE PLACERVILLE MUNICIPAL CODE (CANNABIS BUSINESS REGULATION)" Section 5.28.050 Definitions. (bp) "Youth center" means any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where 10 or more video games or game machines or devices are Anthony J. Mejia, MMC Flinn Fagg, AICP CITY OF PALM SPRINGS November 4, 2021 Page 4 operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city, county or state parks. This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations. (See, Exhibit 12, which contains pertinent portions of that ordinance.) D. Stanislaus County. October 3, 2019, 10/3/2019, Stanislaus County, Proposed Amendments to Section 6.78.030 — Definitions. Subsection MMM, is proposed to be amended to clarify that the definition of Youth Center does not include Youth Instructional Facilities. Subsection NNN has been added to define Youth Instructional Facilities as "any commercially operated facility that provides supervised instruction to children below 18 years old, examples include, but are not limited to, instruction in art, music, dance, gymnastics, cheer, sports, martial arts, or tutoring." MMM. "Youth center" means a public or non-profit operated facility established for the purposes of providing social and recreational opportunities for children ages 11 to 18 years old or as defined in Section 11353.1 of the Health and Safety Code if more restrictive. The term "youth center" does not include "youth instructional facilities." NNN. "Youth instructional facilities" means any commercially operated facility that provides supervised instruction to children below 18 years old, examples include, but are not limited to, instruction in art, music, dance, gymnastics, cheer, sports, martial arts, or tutoring. (See, Exhibit 13, which contains pertinent portions of that ordinance.) E. Additional Stanislaus County Clarification. On November 11, 2019, Stanislaus County Board of Supervisors — Resolution 2019-0682 passing Ordinance C.S. 1258 Anthony J. Mejia, MMC Flinn Fagg, AICP CITY OF PALM SPRINGS November 4, 2021 Page 5 The definition of "youth center" (Section 6.78.030) is proposed to be amended to clarify that the definition of "youth center" does not include "youth instructional facilities." Subsection NNN has been added to define "youth instructional facilities" as "any commercially operated facility that provides supervised instruction to children below 18 years old, examples include, but are not limited to, instruction in art, music, dance, gymnastics, cheer, sports, martial arts, or tutoring." The intent of this proposed amendment is to clarify any confusion with the State's definition of a youth center, which is vague. The primary function of a "youth instructional facility" is to provide instruction with a fixed enrollment and schedule, supervised by instructors, on a for profit basis. Many of these facilities are located within industrial and light industrial areas, which staff has heard at numerous public hearings are the preferred locations for commercial cannabis activities. Much of the light industrial areas in the unincorporated County are zoned Planned Development and Planned Industrial. These areas were developed for low traffic generating industrial and commercial uses and were never intended for high traffic generating commercial or recreational uses. However, over time many youth instructional facilities have been approved in these areas with limits on class sizes and hours of operation under the condition that they remain low traffic generating. By providing the distinction between "youth centers" and "youth instructional facilities" commercial cannabis activities will be more easily sited in the industrial and light industrial areas of the County which both decision makers and the public have indicated are preferred locations for commercial cannabis uses. The Planning Commission considered the land use related amendments at a public hearing on October 3, 2019. Following staff s presentation Commissioner Buehner asked for clarification on "youth facility" vs. "youth instructional facility," whether youth are present at both, and the purpose of this proposed change. Staff clarified that while youth would be present at both types of facilities, a "youth instructional facility" is a business whose primary purpose is to instruct youth in targeted activities such as cheer, gymnastics, or martial arts, for a fee, in a weekly scheduled and supervised instructional environment. Staff further clarified that examples of a "youth center" would include the Maddox Youth Center or the Empire Pool. Staff explained that the purpose of the proposed amendment is to clarify the State's definition by determining that the 600-foot setback applies to for "youth centers" but does not apply to "youth instructional facilities." Commissioner Munoz asked for clarification on schools vs. youth instructional facilities. Staff clarified that private and public K-12 schools are already covered by the setback required for a "school" and pre-schools are covered under the definition of "day care center." Commissioner Blom stated that the planned industrial areas in the County were not zoned to allow for commercial youth instructional facilities when they were first developed and that these uses established themselves over the years slowly. Staff verified that this is the case and explained that this amendment would assist in the siting of commercial cannabis activities in industrial and light industrial areas which according to the input staff has received from the Planning Commission and the public is one of the most appropriate locations for commercial cannabis Anthony J. Mejia, MMC Flinn Fagg, AICP CITY OF PALM SPRINGS November 4, 2021 Page 6 activities. Commissioner Mott mentioned that many of these facilities have tournaments or parties over the weekend which function in a less structured manner and asked staff if these proposed changes would impact any of the projects which were already approved. Staff clarified that the youth facility changes would not impact any commercial cannabis projects that have been approved, but that there are several applicants whose projects have been on hold pending the amendment to the County's commercial cannabis ordinance. (See, Exhibit 14, which contains pertinent portions of that Resolution.) CONCLUSION. As pointed out above, this is now the third time that the City will have considered the issue of a dance studio near a cannabis dispensary. On the two prior occasions, the City determined that a cannabis dispensary can be located near a dance studio like CK Dance. Moreover, nothing contained in the above ordinances and resolutions would grant the broad definition of "youth center" that CK Dance sought and that the Planning Commission applied in this matter. The interpretation that CK Dance is a "youth center" is far too expansive and is not fair in this setting. Applicant invested in its Property and the Project over years with the reasonable expectations it would have that Project approved as long as it did everything required of it by the City. Applicant did so and was still denied the Project. That denial was fundamentally unfair to Applicant. Based on the forgoing, the Applicant respectfully requests that the City Council grant the Applicant's Appeal and approve the Project. Sincerely, SBEMP LLP kce T. Bauer, Esq. Exhibits cc: David A. Newel, AICP, MPA, Assistant Director of Planning EXHIBIT 661" CITY OF PALM SPRINGS PLANNING COMMISSION MINUTES July 22, 2009 Council Chamber, City Hall 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 CALL TO ORDER: The meeting was called to order at 1:35 p.m. ROLL CALL: Present Prese r Year: 2N'09/2010 This Meeting: tc DExcuss: Larry Hochanadel, Chair X 2 Leo Cohen, Vice Chair X 2 0 Jon Caffery X 1 1 Bill Scott X 2 0 Tracy Conrad X 1 Doug Donenfeld X t 2i5a, 0 REPORT OF POSTI$$ OF DA: The agenda was avail '` ` or ccess a a lie City Hall exterior bulletin board (west side of Coun 1 tuber`_ rvices counter by 4:30 p.m. on Thursday, At July 16, ; CE OF THEGENDA`t Chair Hocharl'adhl announ d Item 3A and Item 3C would be continued to a later date. Commissioners C nd Conrad noted their abstentions on the minutes of July 8, 2009, due to their ab ' nce. PUBLIC COMMENTS: Chair Hochanadel opened public comments: -Stefanie Frith, reporter with The Desert Sun, explained that this would be her last Planning Commission meeting and expressed her gratitude in working with the Commission. Planning Commission Minutes of July 22, 2009 -Monica Moretta, on behalf of Omni Communications servicing T-Mobile, provided an update on their project at the Smoketree Village location. There being no further appearances public comments was closed. 1. CONSENT CALENDAR: i M/S/C (Scott/Donenfeld, 6-0) To approve Items 1A, 1 B and 1 D, as part of the Consent Calendar. ::.�x, 1A. Minutes of June 24, 2009 and July 8, 2009. Approved, as part of the Consent Calend (Notina Commission '* ry's and Conrad's abstention on the minutes of July' 1 B. Case 5.0856 CUP - A reque ,#� by Palm Sprin reeway Development LLC, for a one-year time extensio �. a previousl roved Conditional Use Permit for a 65-unit hotel wi 've-thru r rants located at 610 Garnet Avenue, Zone M-1-P, do rojec lanner: Glenn Miaker, Assistant Planner) Approved, as part Calendar. 1 C. Case 5. 4 PD rossley Partners, LLC, for a one-year tim or a iously oved Planned Development District for a d use p H con �g of a 54,122 square feet retail and office center ro an appxi 3.8- 'parcel located at the northwest corner of C ' 'alley Road a east ny Dunes Road, Zone M-1, Section 2. (Project Plarift,6q,plenn Mid , Assistant Planner) Approved, as p the Qirisent Calendar. 1D. Case 5.1070 D 317 / TTM 30047 (Eagle Canyon) - A request by Newport Federal/CT - Eagle Member LLC, for a time extension for a previously approved Planned Development District and Tentative Tract Map on an approximate 80-acre parcel located on the west side of South Palm Canyon Drive at Bogert Trail, Zone PD 317, Section 34 (Canyon South Specific Plan). (Ken Lyon, Associate Planner) Approved, as part of the Consent Calendar. 2 Planning Commission Minutes of July 22, 2009 2. OTHER BUSINESS: 2A. Case SP 09-004 - An application by Best Signs to implement a Sign Program for the building located at 979 South Gene Autry Trail, Zone M-1, Section 19. (Project Planner: Scott Taschner, Assistant Planner) Scott Taschner, Assistant Planner, provided background infor7ion as outlined in the staff report dated July 22, 2009. A -Jim Cross, Best Signs, (responding to questions from t %'d on) provided details on the type of material that will be used for the cube adthe size and color of the tiles. M/S/C (ConradNice Chair Cohen, 5-1/Caffe To approve, subject '' or itions of Approval, as amended: y -The main sign (on the east side of the building) sh reduced to a maximum of 116 square feet. ; -The main sign shall be constructed o uality, durab ter als. -The tile materials shall be approved b or of Plan' : nor to installation. -The tiles shall be eighteen (18) inches , eig 0 $) inc in size. -The cornice feature shall be remove fr t n of the second (smaller) monument sign locate:i1.etVljthe Gene A Trial pa: ng lot entrance. 2B. Case 10.46 An a s lication by n hia Kaye of CK Dance for a request that the Pie rinn. m on determ that a dance studio is similar to the uses al o. ed in Y''+ ection 12. (Project Planner: Scott /5� Tas tan t ner). Sco . rfchner, Assis land vided background information as outlined in the sta re dated July 2 09. M/S/C (ScoA f�ery, 6-0 . fio determine that a dance studio use is a similar use to other permitte _ .._ allovd within the M-1-P zone. 3. PUBLIC H 3A. Case 5.1203 CUP 1 6.507 VAR - A request by T-Mobile USA, Inc. for a Conditional Use Permit to construct a 60-foot tall commercial communication antenna within a slim -line monopole and a Variance to reduce the side yard setback and exceed the maximum antenna height permitted at 1900 East Palm Canyon Drive (Club Trinidad), Zone R-3, Section 24. (Project Planner: David A. Newell, Associate Planner) (Continued from the July 8, 2009 meeting) 3 Planning Commission MInutes of July 22, 2009 Commissioner Conrad recused herself from this Item due to a property -related conflict of interest. M/S/C (CafferyNice Chair Cohen, 5-0) To continue to an indefinite date. 3B. Case 5.1217 PD 355 (Villa Las Palmas) - A reque���i�obert H. Gray on behalf of Las Palmas Associates, LLC, for a Plan *evelopment District to allow construction of an 11-unit, two-story hot on an approximate 16,140 square foot parcel located at 1490 No almon Drive, Zone C- 1, Section 10. (Project Planner: David A.I sson David A. Newell, Associate Planner, provided staff report dated July 22, 2009, V Commissioner Donenfeld disclosed that he owns more than 500 feet from the project and he would Chair Hochanadel opened the public h -Robert Gray, applicant, (responded to q owner has no problem ating solF economically feasib sac project information W utliaed in the in this vicinity; however, it is in the item. F"Commission) stated that the ated that this project was not rther details. There being no furtheP ear the publicWaring was closed. M/SIC (Ct , 6- contin o an undetermined date and direct staff to resend;• project to th chitectural Advisory Committee for further review to accopfi date more t 12 p spaces and incorporate solar and sustainability feat re '} the project. 3C. Case 3 3331,MAJ AMM 36185 / 7.1320 AMM - A request by Community Dynamics Itectural approval of a 51-unit moderate income for -sale townhouse c ' ' plex and a condominium map on an approximate 3.6-acre parcel locat at 3130 North Indian Canyon Drive, Zone R-2, Section 2. (Project Planner: Ken Lyon, Associate Planner) M/S/C (Scott/Vice Chair Cohen, 6-0) To continue to a date certain of September 9, 2009. 4 Planning Commission Minutes of July 22, 2009 PLANNING COMMISSION COMMENTS: Commissioner Caffery questioned the qualifications of a public benefit. Director Ewing addressed the policy for public benefits and explained that it is the Commission's judgment call in defining a public benefit for each project. Chair Hochanadel questioned the status of a sign progra , or the Sun Center. Staff confirmed that a sign program would be coming forwa is site in the near future. PLANNING DIRECTOR'S REPORT: Director Ewing provided an updated on the up ming plpning iteNS. l d for the CityCouncil meeting. ham, 9• ADJOURNMENT: The Planning Commission adjourned at 1:30 p.m. in the Council Chamber, Springs, California. 5 to Wedfty, September 9, 2009, k.) T �lquitz Canyon Way, Palm Craig A. Ewing, AICP Director of Planning Services EXHIBIT 662" CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA MEETING MINUTES WEDNESDAY, DECEMBER 16, 2015 CITY HALL COUNCIL CHAMBER CALL TO ORDER: Mayor Moon called the meeting to order at 6:06 p.m. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the Pledge. INVOCATION: Reverend Kevin Johnson, Bloom of the Desert United Church of Christ, led the Invocation. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Kors, Councilmember Roberts, Mayor Pro Tern Mills, and Mayor Moon. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: Mayor Moon announced the Palm Springs Police Department 911 texting system, and provided an update on the 2015 Downtown Holiday Tree Lighting, the Festival of Lights Parade, Squats for Tots event, the Tram Holiday Tree Lighting, the 911 Memorial Dedication at Palm Springs Fire Department Administration, and the JFK Bust Sculpture Rededication at the Palm Springs International Airport. Mayor Pro Tern Mills provided an update on the Palm Springs Police Officers Association Golf Tournament. Councilmember Foat announced National Homeless Persons Memorial Day on December 21, 2015. Mayor Moon announced the upcoming 2016 Palm Springs International Film Festival. Councilmember Foat provided an update on pets for adoption by the Friends of the Palm Springs Animal Shelter. City Council Minutes December 16, 2016 Page 2 REPORT OF CLOSED SESSION: The meeting was called to order at 4:30 p.m. and the City Council recessed into Closed Session to discuss items on the posted Closed Session Agenda. City Attorney Holland reported the City Council provided direction to City Staff and the City Attorney, otherwise no reportable actions were taken. ACCEPTANCE OF THE AGENDA: Councilmember Kors requested the City Council table public hearing Item 1.13. to January 6, 2016. Mayor Pro Tern Mills noted his abstention on Item 2.C. Warrant No. 1082255, as he is a member of the organization, and noted his business related abstention on Item 2.11. as his firm has a project within 500 feet. Councilmember Foat requested Item 2.R. be removed from the Consent Calendar for separate discussion. Councilmember Roberts commented on the continuance of public hearing Item 1.13. City Manager Ready requested the City Council remove Item 2.Q. from the Consent Calendar and that It be heard under new business, and amend the recommendation and motion for Item 2.M. to delete the appropriation and approve the plans and specifications. ACTION: 1) Continue the public hearing Item I.B. to January 6, 2016; a 2) Direct the City Clerk to post a Notice of Continued Public Hearing pursuant to law; and 3) Accept the Agenda as amended. Motion Councilmember Kors, seconded by Councilmember Foat and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: I.A. REVIEW AND EVALUATION OF APPLICATIONS AND AWARD A SIXTH PERMIT FOR A MEDICAL CANNABIS COOPERATIVE OR COLLECTIVE AND CEQA EXEMPTION DETERMINATION: City Attorney Holland provided background information as outlined in the Staff Report dated December 16, 2015. Mayor Moon opened the public hearing, and the following speakers addressed the City Council. MICHAEL ABSHER and RICK REMINGTON, Earth Research Labs, commented on the merits of Earth Research Labs. City Council Minutes December 16, 2015 Page 3 CHARLES KIELEY, P.S. Patients Collective, outlined the merits of P.S. Patients Collective. RUBEN HARUTYUNYAN and UNNAMED SPEAKER, Desert Water Coop, outlined the merits of the Desert Water Coop. BRETT ROPER, Southern C's, outlined the merits of Southern C's. JOY BROWN MEREDITH, Joy of Life Wellness Center, outlined the merits of Joy of Life Wellness Center. MATT ROBINSON, Palm Springs, stated his support of Joy of Life Wellness Center. ROBERT BELL, Palm Springs, stated his support of Joy of Life Wellness Center. PATRICK HARRINGTON, stated his support of Joy of Life Wellness Center. RICHARD JENKINS, Palm Springs, stated his opposition to P.S. Patients Collective due to the location and proximity to the dance studio. NIKOHL VANDEL, Palm Springs, commented on the process. JOSH JONES, stated his support for Desert Water Coop. STEPHANIE JENKINS, Palm Springs, SAJ Qaace Proditdions, commented on the application from P.S. Patients Collective and the proximity to the dance studio. ROBERT VAN ROO, Palm Springs Safe Access, stated his support for additional locations and opening the zoning, commented on testing results, and stated his support for Southern C's and Joy of Life Wellness Center. CHARLIE KIELEY, P.S. Patients Collective, outlined the merits of P.S. Patients Collective. MARK MORAN, stated his support for P.S. Patients Collective, and requested the City Council consider additional permits. PATRICIA ROGERS, stated her support for Desert Water Coop. LESTER DOUGLAS, Palm Springs, stated his support for Desert Water Coop. City Council Minutes December 16, 2015 Page 4 ANNEMARIE BALDONADO, stated her support for Desert Water Coop. SLY GARCIA, stated his support for Desert Water Coop. RON WILLIAMS, requested the City Council consider Desert Water Coop. MIKE MCFARLAND, stated his support for Desert Water Coop. VIRGIL MCFARLAND, stated his support for Desert Water Coop. MICHAEL ESTLER, stated his support for Desert Water Coop, KIM RENEE HARTLESS, spoke in support of Desert Water Coop. GERALD GAMACHE, Palm Springs, stated his support for Desert Water Coop. TIFFANY HALL, stated her support for the Desert Water Coop. BECCA WESTOM, stated her support for the Desert Water Coop. JP FAUSTO, stated his support for the Desert Water Coop. PATRICIA SALAZAR, stated her support for the Desert Water Coop. JERROLD LYONS, stated his support for the Desert Water Coop. MARK LAWS, stated his support for Desert Water Coop. JASMINE LIRA, stated her support for Desert Water Coop. IAN ARMSTRONG, spoke in support of Desert Water Coop. KIRSTEN CUNNINGHAM, stated her support for Desert Water Coop, MICHAEL STEWARD, Palm Springs, stated his support for P.S. Patients Collective. GRANT HANDZLIK, stated his support for Desert Water Coop. MICHELLE FLOWERS, stated her support for Desert Water Coop. DAJA FOUNTAIN, stated her support for Desert Water Collective. KATE BRYAN, stated her support for Desert Water Coop. KOBI GHAZ, stated his support for Desert Water Coop. City Council Minutes December 16, 2015 Page 5 MARK ST. JOHN, stated his support for Desert Water Coop. GINA GIULIANI, stated her support for the Joy of Life Wellness Center. GARY CHERLIN, commented on the location of Southern C's in proximity to Desert Organic Solutions, and stated they are only interested in cultivating. SCHELLI JOHNSON, stated her support for Desert Water Coop. DENISE RODRIGUEZ BOWMAN, commented on the location of P.S. Patients Collective and the proximity to SAJJ ggpc*,Studio, and requested the City Council not approve a permit at tha ocation. KURT HANDSHUH, stated his support for Joy of Life Wellness Center. JENNIFER EVERETT, stated her support for Desert Water Coop. COREY TRAVIS, stated his support for Joy of Life Wellness Center. JOHN BERKICH, stated his support for the Joy of Life Wellness Center, and noted the conditions that exist for the City Council to make findings for an Administrative Modification. RICK PANTELE, stated the best location for patients is P.S. Patients Collective and requested the City Council issue a permit to P.S. Patients Collective. FRANCISCO CUORAS, stated his support for Desert Water Coop. ZACHARY JAVIER HERNANDEZ, stated his support for Desert Water Coop. CHARLES LAMONTE, stated his support for P.S. Patients Collective. HAROLD MATZNER, stated his support for Joy of Life Wellness Center. No further speakers coming forward, the public hearing was closed. Councilmember Foat commented on the selection process. Councilmember Roberts commented on the zoning restrictions, and stated the collectives should be treated like pharmacies under the zoning code, commented on the merits of the applications, stated his concerns regarding a location near 0 dance studio, and noted his preference for P.S. Patients Collective anU—J—by oTLJe—WeIIness Center. City Council Minutes December 16, 2015 Page 6 Councilmember Kors requested the City Attorney address the current State law, and the use of the areas for the expansion of recreational cannabis. Councilmember Foat commented on the three applications as Staff has identified to best meet the requirements, and stated her support for P.S. Patients Collective. Mayor Moon commented on the location of Desert Water Coop, the business operations of medical cannabis and potential longevity, and stated his support for Joy of Life Wellness Center. Mayor Pro Tern Mills commented on the illegal operations at Desert Water Coop, the location of Joy of Life Wellness Center site and the intent of the ordinance with the Administrative Modification, the underlying zoning and intended zoning of the P.S. Patients Collective, and stated the merits of the location on Oasis Road, Councilmember Kors commented on the three applications as outlined by Staff, both Joy of Life Wellness Center and P.S. Patients Collective could serve the community, and noted his preference for the location on Oasis Road. Councilmember Roberts commented on the unpermitted operations by Desert Water Coop, and outlined the merits of P.S. Patients Collective, and requested P.S. Patients Collective representative address the public benefit and concerns with the dance studio. -- Mayor Moon commented on the merits of Joy of Life Wellness Center and requested the applicant address her background for cultivation and managing a collective, and commented on the qualifications of Joy Meredith and her compassion and dedication to the community. Councilmember Roberts recommended the City Council award the permit to P.S. Patients Collective with an additional condition to work closely with Staff for a solution on separation between the dance studio and no consumption on site. MOTION: Adopt Resolution awarding a permit it P.S. Patients Collective. Motion Councilmember Roberts, seconded by Councilmember Foat and failed 2-3 on a roll call vote. AYES: Councilmember Foat and Councilmember Roberts. NOES: Councilmember Kors, Mayor Pro Tern Mills, and Mayor Moon. City Council Minutes December 16, 2015 Page 7 ACTION: Adopt Resolution No. 23938, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN APPLICATION BY JOY OF LIFE WELLNESS CENTER FOR A PERMIT TO OPERATE A MEDICAL CANNABIS COLLECTIVE OR COOPERATIVE AT 142 OASIS ROAD, CALIFORNIA, 92262 (ZONE M1)," amending the resolution for the Administrative Modification. Motion Mayor Moon, seconded by Mayor Pro Tom Mills and carried 3-2 on a roll call vote. AYES: Councilmember Kors, Mayor Pro Tern Mills, and Mayor Moon. NOES: Councilmember Foat and Councilmember Roberts. The City Council recessed at 9:18 p.m. The City Council reconvened at 9:30 p.m. 1.B. CONSIDERATION OF AN AMENDMENT TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN AND ADDENDUM NO. 2 TO THE FINAL ENVIRONMENTAL IMPACT REPORT (CASE NO.6.1204 SP A-1): The public hearing was continued to January 13, 2016. See motion under Councilmember Comments. PUBLIC COMMENT: THOMAS WORTHY, commented on his demands and claims against the City. TRAVIS ARMSTRONG, commented on Item 2.R. and requested if the surrounding neighborhood organization could be informed, the recruitment of commissions and board, and the condition of the dog park. JANICE SMITH, commented on the Downtown Revitalization Project and the height of buildings. DONNA CHABAN, Palm Springs, commented on the height limit at the Downtown Revitalization project, and vacation rental regulations. TONY AGUILAR, Palm Springs, commented on the growth of Palm Springs, and requested the City Council consider naming a street after Trini Lopez. MARK WALTHOUR, commented on Item 2.M. and the performing venue at the Desert Highland Unity Center and requested the stage be enclosed. SHELLEY HAMILTON. commented on the Plaza Racquet Club. ROBERT STONE, commented on the Downtown Revitalization Project. City Council Minutes December 16, 2016 Page 20 APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 13" DAY OF JANUARY, 2016, rl.- ROBERT MOON, MAYOR ATTEST: �XMTHOMPSON, CITY CLERK EXHIBIT 663" City of Palm Springs Office of the City Attorney 3200 F. Tahquitz Canyon Way - Pali Springs, California 92262 Tel: 760.323.8205 - rax. 760,322.8332 - TDD 760.864,9527 - www.paluispringsca.gov SENT VIA EMAIL AND US MAIL April 25, 2018 Coachella Valley Green Dragon Manuel Semerdjian Glenn Standridge Willie Holland, Jr. 599 W. Avenida Cerca Palm Springs, California 92262 RE: Cannabis Related Businesses and Activities Application C-2017-006 Dear Messrs. Semerdjian, Standridge and Holland: The City of Palm Springs has determined that in order to move forward with your application at the current proposed location of 353 South Palm Canyon Drive the following procedures must be followed and completed in order to correct deficiencies noted in your application completeness determination letter. In the City's first letter to you regarding the completeness determination on your application, I advised you that your proposed square footage is in violation of Palm Springs Zoning Code ("PSZC") section 83.23.15 (F)(2). Your proposed location does not satisfy parking requirements under PSZC section 93.23.15 (E). In addition, your proposed location is within six hundred (600) feet of a public school under the PSZC section 93.23.15 (C)(4). We have digital copies of your new floor plans, and once we receive hard and appropriately sized copies of your new floor plans with the corrected square footage, you will be issued your City Cannabis Permit. Please note that the issuance of your Cannabis Permit is only an administrative permit that will allow you to proceed with the State application process. You will not be allowed to commence business operations until you have secured all necessary land use entitlements and approvals as required by the PSZC, pass all inspections, get your change of use permit, and obtain your business license. Enclosed is a handout of the requirements for Minimum Submittal Requirements Structures that may be required by the Building Department. In order to comply with the PSZC parking requirements for a Cannabis Business and Related Activity, you are required to either find a location of additional parking or seek a variance. The fee to file a variance is $2,890 and for your convenience, the application for a variance is enclosed. You can complete the application and file with the Planning Department. PSZC section 93.23.15(C)(4) requires a minimum six hundred (600) foot separation distance requirement between any Medical Cannabis Facility and/or Adult Use Cannabis Facility and any (a) School, (b) public playground, (c) public park, (d) day care/childcare center, or (e) youth center. It was noted in your Completeness Review Determination Letter that your proposed location is approximately four hundred fifty (450) feet from Marquee Academy of Performing Arts. Post Office Box 2743 - Palm Springs, California 92263.2743 Coachella Valley Green Dragon April 25, 2018 Page 2 Pursuant to California Department of Education ("CDE"), a private school is a school that is owned or operated by a private person, firm, association, organization, or corporation. In addition, the CDE does not require a private school to be accredited by or registered with their department. Marquee Academy of Performing Arts is a non-profit school with 501(c)(3) status as a tax-exempt organization. Marquee Academy of Performing Arts is a private school that offers music and dance programs and private lessons to all ages. We are in receipt of your appeal regarding this finding and will review your documentation and provide confirmation regarding our determination. Should your proposed location be determined to be within six hundred (600) feet of a private school, you will need to file an Administrative Minor Modification and receive City Council approval on the Administrative Minor Modification. The fee to file an Administrative Minor Modification is $1,094.00 and for your convenience, the application is enclosed. This application is also filed with the Planning Department. You may review the following Planning Fees of all fees mentioned via the following link: httD://www.DalmsDrinasca.aov/home/showdocument?id=53086. If you have any questions regarding the foregoing, please do not hesitate to contact our office. THE CITY OF PALM SPRINGS EDWARD Z. KOTKIN City Attorney EZK:vg �oF PALM Spy' City of Palm Springs ti Department of Building & Code Enforcement u 3200 East Tahquitz Canyon Way, Palm Springs CA 92262 PO Box 2743, Palm Springs CA 92263 Tel 760.323-8242 P Fax 760.322.8360 P TDD 760.864.9627 Cqt I FOAVX\P www.gplmsprings-pa.SaOV Minimum Submittal Requirements Structures Submit four sets of plans, drawn to scale. Minimum plan size is 18 X 24 inches containing sufficient detail to insure compliance with the California Codes and local Ordinances, to include: • Permit application Form • Waste Management Certificate of Implementation Form • Copy of Contractor License or Owner Builder Form • Plot Plans with lot square footage • Drainage Plan showing corner elevations • Structural Calculations if applicable • Foundation Plan • Floor Plan with labeled rooms, showing door and window schedule, with hardware. • Framing plan showing details including sheathing, sheer conditions, and 0 anchoring. • Truss drawings and calculations • Plumbing Plan with waste, drain, vent, gas and water with isometric • Mechanical Plan including SEER rating, duct layout and equipment schedule • Electrical plan with load calculations • Fire Sprinkler Plans if applicable • Accessibility plan including parking lot details for commercial buildings • Fireplace specifications • Title 24 energy calculations with Lighting Compliance Forms • Approved Health Department Plans for commercial buildings Rev: 02/ 10/2014 CITY OF PALM SPRINGS Department of Planning Services 3200 E. Tahqultr Canyon Way, Palm Springs, CA 92262 Tel 760-323.8245 — FAX 760-322-8360 For Staff use only Case Number. In Take Planner Dab: I VARIANCE PLANNING J ZONING GENERAL INFORMATION FORM PLANNING ENTITLEMENTS REQUESTED: O Administrative Minor Modification O Change of Zone O Conditional Use Permit O HSPB Action O Major Architectural Q Minor Architectural O Parcel Map / Tract Map Q Planned Development District O Single -Family Architectural O Variance TO THE APPLICANT, Please fill out information requested below and attach the appropriate supplemental application. emlect Sift I0JgrmgtJgn: Project Address: APN Project Name: (Name or Cmdo or HOA) Zone: GP: SectlonlTownship/Range: �J_f Description of Project: 6!0=-A-.rT. w Property Ownees Name: Property Owner's Address: Property Owner's Phone #: FAX: Property Owner's Email: ProlegZMallaaer. Contractor. Owner's gaaresenUdIve: Company / Agents Name: Agent's Signature: Agents Malting Address: Agent's Owner's Phone #: FAX: Agent's Owner's Email: CITY OF PALM SPRINGS PLANNING DEPARTMENT APPLICATION VARIANCE APPLICANT'S REQUIRED MATERIAL CHECKLIST The following items must be submitted before a Variance application will be accepted. Please check off each item to assure completeness. Application Information: • General Information Form + Variance Form • Justification Letter Site Information: • Site Plan: 24" x 36" (4 copies folded, 1 color rolled) • Site photographs: 81/2" x 11" Architectural Information: • Building Elevations: 24" x 36" (4 copies folded, 1 color rolled) • Color and material sample board • Electronic copy of plans and color exhibits in PDF image format (max 5 MB) Miscellaneous Exhibits: • Public hearing labels (3 sets) • Project sponsor labels (if any — 3 sets) Revised 07-14-14 DA Applicant City Use Only Only O O O O O O O O O O CITY OF PALM SPRINGS Department of Planning Services 3200 E. Tahqultz Canyon Way, Palm Springs, CA 92262 Tel 76"23-8245 — FAX 780-322-M PLANNING DEPARTMENT APPLICATION VARIANCE TO THEAPPLICANT: Fill out a General Information Cover Form first and attach this supplemental Information sheet. General Information: Describe Variance request; The Zoning Ordinance Section 94.06.00 requires that the following four (4) conditions be established and considered by the Planning Commission before a Variance can be granted. Please respond to each of them by Indicating how they are applicable to the property in question. I. The special circumstances applicable to the subject property, Including size, shape, topography, location, or surroundings, and the strict application of the Zoning Ordinance would deprive the subject property of privileges enjoyed by other properties In the vicinity and under identical zone classification. 2. Any Variance granted shall be to conditions that will assure the adjustment thereby authorized shall not constitute a grant of special privilege Inconsistent with the limitation upon other properties In the vicinity and zone which the subject property is situated. 3. The granting of the Variance will not be materially detrimental to the public health, safety, convenience, or welfare or injurious to the property and Improvements in the same vicinity and zone in which the subject property is situated, 4. The granting of such Variance will not adversely affect the General Plan for the City. The following information Is required for the City to process your application properly: Company Name: Address: Phone #: Web Site: OFFICERS Name: Title: Address: Phone #: Emali: Name: Title: Address: Phone M Email: Name: Title: Address: Phone M Email: ARCHITECT Name: Title: Address: Phone M Email: ENGINEER Name: Title: Address: Phone #: Email: LANDSCAPE ARCHITECT Name: Title: Address: Phone #: Email: The following forms must be completed In the presence of a Notary Public. Select the form best fitting the type of authorization required. OWNER AFFIDAVIT State of Callfomla ) )as. County: On before me, Name and Title of Officer Personally appeared Name(s) of Signers) Who proved to me on the basis of satisfactory evidence to the person(s) whose name(s) Were subscribed to the within Instrument and admowledged to me that haWokhey executed In hls/herrlheir authorised capacity (fee), and that by his/heNtheir signature(s) on the Instrument the person(s), or the enfhy upon behalf of which the person(s) acted, executedT he instrument. I oertify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct WITNESS my hand and official seal Signature of Notary Public: LESSEE OR AGENT AUTHORIZATION State of California ) ) 5- On before me, Name and Title of Officer Personally appeared Names) of Slgr*s) Who proved to me on the basis of satisfactory evidence to the person(&) whose name(s) Ware subscribed to the within Instrmment and acknowledged to me that hefsh*Vwy executed In Ns/herHheir authorized capacity (les), and that by his/heritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed The Instrument. I oerldfy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph to We and correct WITNESS my hand and official seal Signature of Notary Public LESSEE AFFIDAVIT State of California ) )se. County. On . _ — before me, Name and Title of Officer Personally appeared Names) of Signer(e) Who proved to me on the basis of satisfactory evidence to the person(s) whose name(e) Is/are subscribed to the within Instrument and acknowledged to me that harshelthey executed In his/herAhair authorized capacity (des), and that by hlslher/thelr signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I car* under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature of Notary Public CITY OF PALM SPRINGS Department of Planning Services 3200 E. Tahquilz Canyon Way, Palm Springs, CA 92262 Tel 760-323-8245 — FAX 760-322-8360 JUSTIFICATION LETTER VARIANCE A Justification Letter explaining your application will be included in the materials reviewed by the Planning Commission; multiple related applications may be addressed in a single comprehensive letter. This letter may be prepared by the applicant or a representative. The following format is provided to assist you in the preparation of this letter. Project Description: Please provide a detailed description of the project. Include items such as intended use of the property; possible environmental impacts; and architectural changes. Information: Please provide the following Information and any other that Will assist the Planning Commission in making their decision: • Number of employees / residents • Hours of operation • Any existing similar uses owned or operated by the applicant and their location • Any required state licenses specific to the use requested Findings: Please describe in detail how the project meets/supports existing City regulations for ALL of the findings of approval of each application type per the Palm Springs Zoning Ordinance. The Justification Letter must have original signature of named owner, applicant or representative identified as such. Note: Palm Springs Zoning Code (PSZC) Finding Sections as follows: • Administrative Minor Modification: 94.07.00(B)(2) • Change of Zone: 94.07.00(A) • Conditional Use Permit: 94.02.00(B)(6) + Minor / Major Architectural: 94.04.00(D) • Planned Development District: 94.02.00(B)(6) • Variance:94.06.00(B) PSZC can be found on the Planning Services web page at www.palmspdngsca.gov � PALM SA CITY OF PALM SPRINGS Department of Planning Services U N * 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 ,� �,• • Tel 760-323-8245 — FAX 760-322-8360 'ro#All cq<1 FO IL PUBLIC HEARING NOTICE REQUIREMENTS This project requires a public hearing. The applicant is required to obtain the following information from a certified title company. Incorrect or insufficient information may delay the development proposal. 1. Three (3) sets of typed, self-adhesive labels including assessor's parcel number and mailing addresses for properties within a 500-foot radius of the subject property and one copy of the list on plain white paper. 2. All mailing addresses of owners within a condominium project must be included in the three (3) sets of labels if any portion of the complex is affected by the 500-foot radius. 3. A list of parcels owned by Tribal Indian members owners if applicable. Contact the Bureau of Indian Affairs for information. 4. Labels for the project owner, engineer, architect, etc. 5. Assessor's parcel maps showing the 500-foot radius drawn neatly and accurately with the subject property identified. 6. A certified letter from the title company verifying property owner accuracy. Example of required map: E VkNOUTZ CAMSYNY AMEN" W Note: Palm Springs Zoning Code Public Hearing notice: Conditional Use Permit — 94.02.00(B)(5) Planned Development District - 94.02.00(B)(5) Variance - 94.02.00(B)(5) Change of Zone 94.07.00(B)(4) For Staff Use Only Case Number. In TAke Planner. Dale: CITY OF PALM SPRINGS Department of Planning Services 3200 E. Tahqul>z Canyon Way, Palm Springs, CA 92262 Tel 760-323-8245 — FAX 760-322-8360 ADMINISTRATIVE MINOR MODIFICATION PLANNING / ZONING GENERAL INFORMATION FORM PLANNING ENTITLEMENTS REQUESTED: Administrative Minor Modification HSP8 Action Parcel Map / Tract Map Q variance Change of Zone oConditional Use Permit Major Architectural Minor Architectural 13 Planned Development District 0 Single -Family Architectural TO THE APPLICANT.Please fill out information requested below and attach the appropriate supplemental application. Proteet Site Information: Project Address: Project Name: (Name of condo or HOA) Zone: GP: Description of Project: Section/Township/Range: / Prcioerty Owner informs ion: Property Owner's Name: Property Owner's Signature: Property Owner's Address: Property Owner's Phone #: FAX: Property Owner's Email: PLolgal Manager,Contractor, OWnees Representative: Company / Agent's Name: Agent's Signature: Agent's Mailing Address: Agent's Owner's Phone #: FAX: Agent's Owners Email: APN: 1 CITY OF PALM SPRINGS Department of Planning Services 3200 E. Tahqultz Canyon Way, Palm Springs, CA 92262 Tel 760-323-8245 — FAX 760-322-M PLANNING DEPARTMENT APPLICATION ADMINISTRATIVE MINOR MODIFICATION TO THE APPLICANT- Fill out a General Information Cover Form first and attach this supplemental Information sheet. Is the proposed project: ❑Conservation Area (MSHCP) ❑ Abut State Highway 111 ❑ Downtown Parking Combining Zone [] Historic Designation / District ❑ Specfic Plan ❑ Resort Combining Zone OWater Course / Floodplaln ❑ Hillside Lot ❑ Noise Impact Zone ❑On the Ague Callente Band of Cahullla Indian Reservation Land ❑ Fail within the Riverside County Airport Land Use Commission Review Area General Intonnation: Common Name of Project: When did present owner acquire the property: Relationship to larger project: Existing use of project site: Residential Projects: Proposed building square footage: Net Lot Area: Number of dwelling units: Number of stories: Height: ft. Largest single building: (sq. fL) Describe recreational facilities: Parking spaces required: (Per PSZC 93.0e) Commercial Projects: Proposed building square footage: Number of stories: Number provided: Type of uses and major functions: Square footage of building area devoted to each proposed use: Number of stories: Largest single building: (sq. ft.) Net Lot Area: Height: R Height: It. Number of stories: Height: ft. Parking spaces required: Number provided: (Par PSZC 93.00) Hours of operation: Maximum number of clients, patrons, shoppers at one time: Maximum number of employees at one time: Area and percent of total project devoted to: Building sq. ft. % Paving Including streets or drives: sq. ft. % Landscaping, Open, Recreation: sq. ft. % TOTAL PROJECT AREA sq. ft. % CITY OF PALM SPRINGS Department of Planning Services 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Tel 760-323-8245 — FAX 760-322-8360 PLANNING DEPARTMENT APPLICATION ADMINISTRATIVE MINOR MODIFICATION TO THE APPLICANT: Fill out a General Information Cover Form first and attach this supplemental information sheet. General Information: Describe type of modification and special circumstance necessitating this application. The Zoning Ordinance Section 94.06.01(b)(2) sets forth criteria used by Staff in determining if the proposal based upon evidence presented will not have a detrimental effect on neighboring properties. The following four (4) questions are related to required findings that will be used in the decision process. Please respond to each of them by indicating how they are applicable to the property in question. 1. Is the proposed Administrative Minor Modification consistent with the General Plan? 2. Explain how neighboring properties will not be adversely affected as a result of the approval of the minor modification. 3. Explain why the approval will not be detrimental to the health, safety, or general welfare of the persons residing or working on the site or in the vicinity. 4. Explain why the approval is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. CITY OF PALM SPRINGS PLANNING DEPARTMENT APPLICATION ADMINISTRATIVE MINOR MODIFICATION APPLICANT'S REQUIRED MATERIAL CHECKLIST The following Items must be submitted before an Administrative Minor Modification application will be accepted. Please check off each item to assure completeness. Applicant City Use Only Only Application Information: • General Information Form + Administrative Minor Modification Form ❑ ❑ • Justification Letter ❑ ❑ Site Information: • Site Plan: 24" x 36" (4 copies folded) ❑ ❑ • Site photographs: 8 W x 11" ❑ ❑ Architectural Information: • Building Elevations: 24" x 36" (4 copies folded) ❑ ❑ • Color and material sample board ❑ ❑ • Electronic copy of plans and color exhibits in PDF image ❑ ❑ format (max 5 MB) AMM Checklist - Revised 03/13/17 - dka CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �.rsnec.�xersic A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On Date personally appeared — __ . before me, Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ _ �. _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: ____ ❑Corporate Officer — Tltle(s): ❑Partner — ❑ Limited ❑ General [7]individual Attorney in Fact rustee Guardian or Conservator ther: Signer Is Representing: Signer's Name: [-]Corporate Officer — Title(s ❑Partner — []Limited []General ®Individual []Attorney in Fact Trustee []Guardian or Conservator Other:., igner Is Representing: C2014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item 05907 California All -Purpose Acknowledgment The so cdw •alipurpose adntowlocitment won'lfng, as ptescroxti in California C1vd Code Section 1189(2), is mandatory for all acknowledgments taken in the state, whether the admowledger Is sl Wq as an Individual or a rexWentative (Penner, corporate AM attorney In Fact, mutee, etc.)' law perms California Notaries to use an out-of-state adnowledgment form on a document that will be Ned to that other state or U.S. jurisdiction, but only 9 "the form does not require the Notary to determine or on* that the signer holds a particular r:ptesentative capacity or to make other determinations and oerdBcations not allowed by California Instruction: Q NAIVE OF COUNTY where Notary performs notarization. t) DATE OF NOTARIZATION. Actual monti4 day and year on which sigr►er(s) appear(s) before Notary. 0 NAME R THE OF NOTARIZING OFFICER. in the case of a Notary, `Nary Publk' would be the title. 0 MAWS) OF SIGNE114S) appearing before Notary. Iru¢sb mid spelling of names should agree with name(s) signed on docurm t and 0 ad A NUMBER AND GENDER OF SIGNER(S). Cross out lasers and words that do not apply — persan(s), name(s), to/me, he/sheAhey, his/her/ their, capaC$y(W), signawre(s) — or clerle words that apply, to agree with number and gender of signer(s) in space 4. ® SIGNATURE OF NOTARY esadly as name appears on commissioning papas, in space 3 and in seal. Q NOTARY SEAL IMPRINT, dearly and legibly affixed. law" (Civil Code Section I18M. Still, however, any admowledged document notarized and filed or recorded in California must bear only in adpurpcee certificate. State law recprires the "all-purpose" certificate wording to be used enctly as it appears in statute. The optional section at the bottom can deter alteration of the document or fraudulent reandhment of this form to an unintended document. The bwdons N this section are not mquired by law. Fadute to fill out this section will not affect the validity of the certificate. `r`�ilJ6 O bkftv Wia �twP11b Ab .d P�AF WON 1�at�R M,f ~.�PF�Pt PY�I �rMprb��lyr�eb M,r,ar.r ".Y.e"arr Tafts ,.,- 1 w.+,.wraw _ low iwwYb,r YMMiAM+ME M_ii.� IY►.r Y N"Yb"�.0 �� 6 iAw SPACES &45 AH OPTIONAL Orrriss>+on of infonn dart bete wX ►tat a ed Me document � VW(Ay. Homo, conottng tbm monies can deter altreralfoft cif the document or fraudWant reauacbnww of tots jovrn to an urdtkyWe d document. Tnu OR TYPE OF DOCUMENT notarized, such as 'Grant Deed.' DATE OF DOCUMENT notarized. Most but not all documents will have a date, usually at the top or failowiq the signature. If now, insect Nos NUMBER OF PAGES in the notarized docwnent. This tray pch out fraudulent ucfdWm or removal of pages. Do rat count the outiArnte as a page. However, the imitate will be regarded as a page by recording officials in assessing teoord ing foes. O SIGNERS) OTIt13R THAN NAMED IN SPACE 4. Sine all signets aright not be named on the same notarial certificate, insert name(s) of signer(q) here that appen(s) or will appear on other certificates — as many as space allows. If there arc a dugs number of signets, a notation such as 'Mary Smith and 28 other sipeW will suffice. If none, insert 'no otter signets.' ® NAIMS) OF SIGNER(S) from space 4 whose capacity and repifemued entity follow. ® CAPACITY CtAIlt>QiD NY SIGNER. Check ap mpriate boa to indicate whether signer is darting as individual (on his or her own behalf), or as Corporate A= (kdkm cowax tide), partner (Indicate whether'llmlied' or `gmaal' partner), attorney In fact, trustee, guardian/conservator, or In another capacity. ® DESCRIPTION OF OrAM CAPACM(I1$3 A sirrgVe rapacity, such as'e>ceatux," may be Indicated here; or a multiple capacity, such as 'corporate officer signing for pattnctddp in which corporation Is partner'l. ® NAME OF PARSON OR LEGAL ENTITY that signer is representing it could, for example, be the name of an absent person represented by attorney in fad. It could be the name of a aondomWum association, such as `Blue Lwn Condo Asset' Or it could be multiple entities, such as IM Corp., painter in Mutual Enterprises, a parmership.` NA-noNAL Nc rwRY A Kx3AfioN 9350 De Soto Avenue Chatsworth, CA qun 4926 1-80047646827 www.NadonalNotuy.org 00014 Nrtlon,d NWWy w0=w, ftM # W CITY OF PALM SPRINGS Department of Planning Services 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Tel 760-323-M5 — FAX 760-322-8360 JUSTIFICATION LETTER ADMINISTRATIVE MINOR MODIFICTION A Justification Letter explaining your application will be included in the materials reviewed by the Planning Commission; multiple related applications may be addressed in a single comprehensive letter. This letter may be prepared by the applicant or a representative. The following format is provided to assist you in the preparation of this letter. Project Description: Please provide a detailed description of the project. Include items such as intended use of the property; possible environmental impacts; and architectural changes. Information: Please provide the following information and any other that will assist Planning Staff in making their decision: • Reason for request • Special circumstances associated with request • How the project Will not Impact adjacent properties Findings: Please describe in detail how the project meets/supports existing City regulations for ALL of the findings of approval of each application type per the Palm Springs Zoning Ordinance. The Justification Letter must have original signature of named owner, applicant or representative Identified as such. Note: Palm Springs Zoning Code (PSZC) Finding Sections as follows: • Administrative Minor Modification: 94.07.00(B)(2) • Change of Zone: 94.07.00(A) + Conditional Use Permit: 94.02.00(B)(6) • Minor / Major Architectural: 94.04.00(D) • Planned Development District: 94.02.00(B)(6) • Variance:94.06.00(B) PSZC can be found on the Planning Services web page at www.paimspringwa.gov EXHIBIT 664" Coachella Valley Green Dragon - Appeal of Deficiencies Mr. Edward Z. Kotkin, Esq. Office of the City Attorney City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. Kotkin, We were troubled when advised that your office now wants us to request a variance on the distance requirements for our location at 353 S. Palm Canyon Dr. There is a simple fix for this problem. More importantly, this is the perfect opportunity for you to shine by fixing the underlying problem, which is a lack of definition of the word "school" in the PSMC. If you were to consult with council and draft a simple revision to the code which defines that word, no one else will ever have to negotiate this difficult journey. While that is under way, please consider that in our recent response to your earlier decision that we were too close to a "school", we provided evidence that: 1. The Marquee Academy of Performing Arts does NOT meet the State requirements for a school, nor is it registered as one. 2. While the PSMC does not define "school", we provided precedent that the City Council has determined that establishments such as Marquee Academy of Performing Arts are NOT schools. In the instant case, a Ballet Studio was Immediately next door, and the Council found that that did not preclude the applicant from getting a license. While we know you were not the City Attorney at that time, we are uncertain as to how your office maintains that the Marquee Academy of Performing Arts is a "school" in light of the above. We have copied Mayor Moon, Mayor Pro Tern Roberts and Council Member Kors with this letter, our previous letter and the minutes of the December 16, 2015 City Council Meeting which show in black and white the decisions made after debate. They were all present the night that this debate took place and will be able to confirm to you the Council's intent that night. 5/15/2018 Page 1 of 2 Coachella Valley Green Dragon - Appeal of Deficiencies Requiring us to file for a variation requires us in a legal sense to admit that the Marquee Academy of Performing Arts is a "school' (when it is not). Additionally, it would require us to suffer the onerous burden of spending considerable hours of time and significant legal fees to fill out a 8 page City form with over a dozen attachments (all with 13 copies). It also would require mailings to over a 100 parties, a public hearing and a delay in our business plan of between 60 and 90 days. This is above and beyond the City fees of nearly $2,000.00, and mailing fees of $500.00 just to file for and process such a variance. We estimate our total costs would be between $6,000.00 and $8,000.00 dollars. We respectfully request a prompt review and final resolution by finding the Marquee Academy of Performing Arts is not a "school' and that the filing of a variance is not necessary. We remain positive minded and available for any questions you may still have, and look forward to working with you. since ely, Manuel erdjian 5/15/2018 Page 2 of 2 EXHIBIT "5" Coachella Valley Green Dragon - Appeal of Deficiencies Mr. Edward Z. Kotkin, Esq. Office of the City Attorney City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. Kotkin, In response to your letter of April 10, 2018 we respectfully appeal the decision during Planning Review that we are not compliant with Separation Distance requirements. We base our appeal on factual differences found in the Palm Springs Municipal Code, California Department of Education information, City Council precedents and the de minimis nature of any deficiency. Palm Springs Municipal Code: PSZC 93.23.15 (C) (4) (a) (See Attachment One) does indeed require a 600 foot separation distance between a proposed cannabis use and a "school". We submit that the Marquee Academy of Performing Arts is not a "school". By their own description on their website (See Attachment Two), they state that the "Marquee Academy of Performing Arts (MAPA) is here to enrich and change our community through music, affecting people of all ages, backgrounds and walks of life. We are on a mission to transform lives through music. MAPA is a non-profit music school dedicated to bringing all aspects of the musical experience to our community. At MAPA, students will be surrounded by a supportive circle of artists, who have a love and knowledge of the arts and most importantly, a deep desire to teach their craft to the next generation." PSZC 91.00.10 (B) (See Attachment Three) does define "Day Care, Small and Large", "Nursery school" and "School, Trade". Clearly the Marquee Academy does not meet any of these definitions. The code does NOT define the word "school", however the code offers a definition of "Educational institutions". They are "public and other nonprofit institutions conducting a regular academic instruction at kindergarten, elementary, secondary and collegiate levels ..." and must "(a) offer general academic instruction equivalent to the standards prescribed by the State Board of Education." Clearly "transforming lives through music" does not meet the threshold of "regular academic instruction". Therefore the Marquee Academy does not qualify as an "Educational institution". 5/15/2018 Page 1 of 3 Coachella Valley Green Dragon - Appeal of Deficiencies California Department of Education: The California Department of Education does NOT list Marquee on their roster of schools (See Attachment Four). The California Department of Education provides a "Definition of a School" (See Attachment Five). Under the section titled "Is it a Program, or is it a School?" they offer a three pronged test: "Is the educational componentof the entity secondaryto its primary purpose, which Is other than education? Do students, who are enrolled in the entity, remain members of the school that referred them? Do all students enroll on a part-time basis? If the answer to any of those three questions is yes This entity is not a school, and it may be a program." We submit the answer for Marquee Academy is yes on all three questions. Therefore it is not a school. Finally the California Department of Education asks you to: "Next, consider these questions: • Except for State Special Schools, can the entity, if it accommodates grade twelve students, grant a diploma to its graduates? • Do the students have full access to all of the facilities and amenities of the entity? If the answer to either of those two questions is no. This entity is not a school, and it may be a program." We submit that the answer to the first question is NO, and since a NO to either question is determinative, the Marquee Academy is not a school. City Council Precedents: On December 16, 2015 the City Council met in regular session and among the actions that evening was a Public Hearing on Item 1.A. for the "Review and Evaluation of Applications and Award a Sixth Permit for a Medical Cannabis Co-operative" (See Attachment Six). 5/ 15/2018 Page 2 of 3 Coachella Valley Green Dragon - Appeal of Deficiencies In brief, seven applicants had applied for one available license. The staff reported out on a number of issues regarding the various applicants. In particular the application of Palm Springs Patients Collective (Charlie Kieley) was contested because it was too close to SAJ Dance Productions who claimed to be a school. The answer to this issue was provided for the applicant by David L. Baron, Partner at Slovak, Baron, Empey, Murphy and Pinkey, LLP. (See Pages 38 - 40 of Attachment Six). The points in that letter closely mirror those we have stated above. The City Council debated this point, and did NOT find the presence of SAJ Dance Productions to be disqualifying for the applicant. While, Palm Springs Patients Collective was not successful in winning the sixth license, which went to Joy of Life Wellness Center, they were considered in a Council vote that evening. The debate and decisions are clearly documented in the Minutes of that Council Meeting (See Attachment Seven). Just last week, on April 18, 2018, the City Council considered Item 5.A., a request from Leef Industries, LLC seeking relief from a minimum separation distance from a public park. (See Attachment Eight). When measured from property line to property line as required in the City Code, the proposed cannabis dispensary was 170 feet away from the public park and not the required 600 feet. Despite this closeness, the City Council found, with little debate, unanimously 5-0 that the proposed dispensary did not adversely affect the general Health, Safety and Welfare of the community and approved the requested relief. De Minimis Nature of Deficiency: Should your review find that the Marquee Academy is in fact a "school", we would still argue that the deficiency in distance is de minimis. The actual distance is 479 feet (See Attachment Eight) which is 80% of the required separation of 600 feet and the deficit of 121 feet is in fact de minimis (See Attachment Nine). Should your office or the Planning Department not agree with this appeal, we reserve our rights to appeal to the City Manager, Administrative Review Board and if necessary the City Council. We of course remain available for any questions you may have, and look forward to working with you to resolve this issue. Manuel Semerdjian 5/15/2018 Page 3 of 3 EXHIBIT 666" City of Palm Springs Office of the City Attorney 3200 E. Tahqultz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8205 • Fax: 760.322.8332 • TDD 760.864,9527 www.palmspringsca.gov May 17, 2018 Coachella Valley Green Dragon Manuel Semerdjian Glenn Standridge Willie Holland, Jr. 599 W. Avenida Cerca Palm Springs, California 92262 SENT VIA EMAIL AND US MAIL Re: Cannabis Related Businesses and Activities Application C-2017-006 Application Completeness Determination re Supplemental Plans Dear Messrs. Semerdjian, Standridge and Holland: The City of Palm Springs has concluded the reviewed the supplemental plans provided in support of your application. The following deficiencies were noted. To proceed with the processing of your application you must correct these deficiencies. REQUIREMENT: DEFICIENCIES/ COMMENTS: Planning Review: Parking Parking calculation is incorrect. Salon 1/325 SF = 4.57 Dispensary 1/300 SF = 4.62 Lounge % seats = 10.5 TOTAL: 20 Spaces Required Parking is deficient by spaces. You may request a variance; or, in -lieu fees may be paid pursuant to PSZC Section 93.06.00 B 8 Lounge Limitation Pursuant to 93.23.15 (F)(5)(g), the lounge function shall not be visible from any public lace. Architectural Review Architectural review may be required for any modifications to the exterior of the building. Separation Distance Lounge and dispensary do not meet 500' separation distance; you will need to file an Administrative Minor Modification and receive City Council approval on the Administrative Minor Modification. Post Office Box 2743 • Palm Springs, California 92263.2743 Coachella Valley Green Dragon May 17, 2018 Page 12 Fire Department Review: _ Occupancy Change of Use Submitted plans show egress deficiencies that should be addressed by a licensed architect prior to submittal. City Attorney Review_: Appeal of Deficiencies Your appeal has been received and will be reviewed. The determination regarding Marquee Academy was not made solely by the City Attorney and will require the review of additional departments, a determination will be sent on or before 05/31/18. As a reminder, your application will not be cleared for plan check until you have cleared all department deficiencies. You will not be allowed to commence business operations until you have secured all necessary land use entitlements as required by the Palm Springs Zoning code and obtained your business license. If you have any questions regarding the foregoing, please do not hesitate to contact our office. CITY OF PALM SPRINGS �y l Edward Z. Kotkin, City Attorney EZK:vg Post Office Box 2743 • Palm Springs, California 92263.2743 EXHIBIT 667" ALIA MONTHLY SUBMITTAL OF NEW CASES l JUNE1-3%2018 r4tFOaN�p MONTH ENDING APP DATE I CASE# I TYPE RELATED CASES I APNI HSPB ME2 6/21/2018 16-004 ISPAMND 513.560-074 ADDRESSNO ADDRESS ZONE SECTION ITOWNSHIP RANGE 0100 TAHQUITZ CANYON WAY WEST CBD 15 4 4 PROJECT' NAME: DESCRIPTION An amendment to the sign program to allow changes to the ground floor tenants' signage. THE ROWAN SIGN PROGRAM STAFF APPVL: PLANNER: Glenn Mlaker 01/26/18 - Pending Planning Commission Review MONTH ENDING APP DATE CASE# TYPE RELATED CASES APNI HSPB ME2 6/11/2018 18.003 PA 1502.310-049 ADDRESSNO ADDRESS ZONE 11CIILIJ24 SECTION ITOWNSHIP1 RANGE 1001 EL CIELO ROAD SOUTH 4 4 PROJECT NAME: DESCRIPTION BEL AIR GREENS A Pre -Application Review proposing converting this property from a golf RESIDENCES course to a housing development in the Coachella Valley. STAFF APPVL: PLANNER: 07/25/18 - Pending PC Study Session David Newell CASE# TYPE RELATED CASES APNI RSPB MONTH ENDING APP DATE ME2 6/26/2018 18-005 SP 18-065 SI 508-132.045 ADDRESSNO ADDRESS ZONE I SECTION TOWNSHIP RANGE 0682 PALM CANYON DRIVE SOUTH C2/ CM 23 4 4 PROJECT NAME: _DESCRIPTION STARBUCKS COFFEE Request to amend the existing sign program to include a monument sign at Starbucks Coffee located at 682 South Palm Canyon Drive. STAFF APPVL: PLANNER: Pending Review David Newell Page 1 of 6 MONTH ENDING APP DATE CASE# TYPE RELATED CASES APNI HSPB ME2 6/27/2018 18-008 RV 1681.181.006 ADDRESSNO ADDRESS ZONE I SECTION ITOWNSHIP1 RANGE 1999 BROADMOOR DRIVE R1C PROJECT NAME: DESCRIPTION DREWS RESIDENCE Request to allow a Recreation Vehicle to be parked in the side yard. STAFF APPVL: PLANNER: Pending Initial Review MONTH ENDING APP DATE CASE# TYPE RELATED CASES I APNI HSPB ME2 6/26/2018 18-020 TS LUP 18-029 .092-01011 ADDRESSNO ADDRESS ZONE SECTION TOWNSHIP RANGE 0170 PALM CANYON DRIVE NORTH CBD 15 _ 4 4 PROJECT NAME: DESCRIPTION DESTINATION PSP Request for a portable sign permit. STAFF APPVL: Pending Review PLANNER: Mlaker MONTH ENDING APP DATE CASE# TYPE { RELATED CASES APNI HSPB ME2 6/1412018 18-027 _ LUP 1513-082-028 _ ADDRESSNO ADDRESS I ZONE SECTION TOWNSHIP _ RANGE 0301 PALM CANYON DRIVE NORTH #11 CBD 15 4 4 PROJECT NAME: DESCRIPTION GELATI GRANUCCI USA, A Land Use Permit to operate a gelato shop. LLC STAFF APPVL: Pending Initial Review Kikuchi MONTH ENDING APP DATE CASE# TYPE RELATED CASES APNI HSPB ME2 6126/2018 18-029 LUP 513-092-010 ADDRESSNO ADDRESS ZONE SECTION I TOWNSHIP RANGE 0170 PALM CANYON DRIVE NORTH CBD 1 4 PROJECT NAME: DESCRIPTION DESTINATION PSP Request for a portable sign In alternative location STAFF APPVL: Pending Review PLANNER: Glenn Mlaker Page 2 of 6 MONTH ENDING APP DATE CASE# TYPE RELATED CASES APN1 HSPB ME2 6/25/2018 18-065 SI 18-005 SP 508-132-045 ADDRESSNO ADDRESS ZONE I SECTION ITOWNSHIP RANGE 0682 PALM CANYON DRIVE SOUTH C21CMI 23 1 4 4 PROJECT NAME: DESCRIPTION STARBUCKS COFFEE Approved installation of three new signs per sign program. STAFF APPVL: -- PLANNER: 06/25/18 - Approved Glenn Mlaker MONTH ENDING APP DATE _CASE# TYPE RELATED CASES APNI HSPB ME2 6/412013 8 .0445 MAA HSPB 15 513-082-038 ADDRESSNO ADDRESS ZONE SECTION ITOWNSHIP I RANGE 0151 ALEJO ROAD WEST CBD 1 15 4 4 PROJECT NAME: DESCRIPTION OUR LADY OF SOLITUDE Proposing addition of a gender neutral ADA restroom at the Rectory of Our Lady of Solitude Catholic Church STAFF APPVL: 07111M8 - Approved Mlaker MONTH ENDING APP DATE _6/1112018 CASE# TYPE 3.0919 MAA RELATED CASES APNI HSPB 508-301-002 ME2 ADDRESSNO ADDRESS ZONE SECTION TOWNSHIP RANGE 0133 AVENUE EAST R2 23 4 4 _OCOTILLO PROJECT NAME: I DESCRIPTION APARTMENT COMPLEX A 608 square foot addition to Unit 4; new trash enicosure; and one additional parking space. STAFF APPVL: PLANNER: In Process Ken Lyon MONTH ENDING APP DATE CASE# I TYPE RELATED CASES APNI HSPB ME2 6/21/20181 3.1903 1 MAA HSPB 84 513-203-013 Class 1 ADDRESSNO ADDRESS ZONE I SECTION I TOWNSHIP RANGE 0333 PALM CANYON DRIVE SOUTH CBD 15 4 4 PROJECT NAME: DESCRIPTION THE ROBINSON'S Request to add pair of swinging doors to match existing, add cart corral BUILDING and divide existing trash enclosures per submitted plans. STAFF APPVL: PLANNER: 07110/18 - Approved by HSPB David Newell Page 3 of 6 MONTH ENDING APP DATE CASE# TYPE RELATED CASES APNI HSPB ME2 6119/20181 3.2161 1 MAA 508-292-001 ADDRESSNO ADDRESS ZONE SECTION TOWNSHIP RANGE 1100 & 1146 PALM CANYON DRIVE SOUTH C1 23 4 4 PROJECT NAME: DESCRIPTION BIGLEY TRUST Request to demolish all structures and walls to slab per submitted DEMOLITION proposal. STAFF APPVL: PLANNER: Pending Initial Review Ken Lyon MONTH ENDING APP DATE CASE# TYPE RELATED CASES APNI HSPB ME2 6/20/2018 L3.2719 MAA AMM 7.1556 511-141-008 ADDRESSNO ADDRESS ZONE SECTION TOWNSHIP RANGE 1930 CAMINO REAL SOUTH R2 26 4 4 PROJECT NAME: DESCRIPTION TWIN PALMS RESORT Approved minor exterior improvements per submitted proposal. STAFF APPVL: 06/27M 8 - Approved David Newell MONTH ENDING APP DATE CASE# TYPE RELATED CASES APNI HSPB ME2 6/19/2018 3.3072 MAA 680-101-030 ADDRESSNO ADDRESS ZONE SECTION TOWNSHIP RANGE 4875 RAMON ROAD EAST M1 19 4 5 PROJECT NAME: DESCRIPTION SHELL STATION Request for the Architectural Advisory Committee to determine whether the proposed illuminated red horizontal bar on the fascia of the fueling station canopy is a lighting feature or signage. STAFF APPVL: PLANNER: Pending Initial Review T MONTH ENDING APP DATE CASE# TYPE RELATED CASES APNI HSPB ME2 6118120181 3.3851 MAA 1110.233-07711 ADDRESSNO ADDRESS ZONE SECTION ITOWNSHIPI RANGE 2244 ARABY DRIVE RIB 25 1 4 1 4 PROJECT NAME; DESCRIPTION RINKENBERGER Request is for minor changes to an approved project to Include new block RESIDENCE wall, entry gate and canopy roof per submitted plans. STAFF APPVL: PLANNER: Pending Initial Review Glenn Mlaker Page 4 of 6 MONTH ENDING APP DATE CASE# TYPE MAJ RELATED CASES I PNI HSPB ME2 6/5/2018 3.4099 7.1561 AMM 510-340-012 ADDRESSNO ADDRESS ZONE SECTION ITOWNSHIP RANGE 1730 PINNACLE POINT ROAD, LOT 10 PD PROJECT NAME: DESCRIPTION PINNACLE POINT Proposed construction of a 4,377 square foot residence including 2-car garage. STAFF APPVL: PLANNER: Under Review Glenn Mlaker MONTH ENDING APP DATE CASE# TYPE RELATED CASES APNl HSPB ME2 _ 6/14/2018 F77W__1 MAJ 513.400-024 ADDRESSNO ADDRESS ZONE SECTION TOWNSHIP RANGE 0282 CAMINO CARMELITA WEST RIB 27 4 4 PROJECT NAME: IDESCRIPTION BURSA-HAYES RESIDENCEProposed square footage of 1,236 fir the additions to the garage, gym and ,pool pavilion to the existing residence, mathing existing style/colors. STAFF APPVL: PLANNER: 09/04/18 - Pending AAC Review ]Noriko Kikuchi MONTH ENDING APP DATE CASE# TYPE RELATED CASES APNI HSPB ME2 6/28/2018 37570 TPM 510-130-026 M_ ADDRESSNO ADDRESS ZONE S1'TOWNSHIP1 RANGE 2584 ANZA TRAIL RIB 25 4 1 4 PROJECT NAME: DESCRIPTION RESIDENCE Request to subdivide one parcel Into two equally sized separate parcels (25,465 sq, feet each); parcel has one existing residential dwelling. STAFF APPVL: PLANNER: Pending Initial Review MONTH ENDING APP DATE CASE# TYPE RELATED CASES APN1 HSPB ME2 6/12/2018 5.0867 MAA 508.070-030 ADDRESSNO ADDRESS ZONE SECTION TOWNSHIP RANGE 1400 TAHQUITZ CANYON WAY EAST RA 1 14 4 4 PROJECT NAME: DESCRIPTION EXTENDED STAY OF Proposed landscape renovation at the Extended Stay project per AMERICA submitted Implementation plan. STAFF APPVL: PLANNER: Pending Initial Review Noriko Kikuchi Page 5 of 6 MONTII ENDING APP DATE CASE# TYPE RELATED CASES APNI HSPB ME2 6/25120181 5.0901 MAA 513-164-044 ADDRESSNO ADDRESS ZONE SECTION ITOWNSHIP RANGE 0295 INDIAN CANYON DRTIVE SOUTH CU 15 4 CBD PROJECT NAME: DESCRIPTION DOWNTOWN PARKING, Proposal to modify existing Wireless Telecommunication Facility (WTF) VERIZON WIRELESS SITE: antennas with all equipment remaining behind existing screening and wall. SPA CASINO STAFF APPVL: PLANNER: Pending Initial Review — Edward Robertson MONTH ENDING APP DATE CASE# TYPE RELATED CASES APNI HSPB ME2 6113/2018 5.1290 ZV 5.1290 PD 361 �613-560-032 ADDRESSNO ADDRESS ZONE fPD361115 SECTION TOWNSHIP RANGE 0100 TAHQUITZ CANYON WAY WEST 1 4 4 PROJECT NAME: DESCRIPTION DOWNTOWN PALM Request for zoning verification of the property located at 100 West SPRINGS Tahquitz Canyon Way.. STAFF APPVL: PLANNER: 06/1418 - Complete Richard Bruno 'ONTH ENDING APP DATE CASE# TYPE RELATED CASES APNI. HSPB ME2 6/4/2018 7.1660 AMM $13-203-017 ADDRESSNO ADDRESS PALM CANYON DRIVE SOUTH ZONE SECTION TOWNSHIP RANGE 0353 CBD 15 4 4 tOJECT NAME: _ DESCRIPTION OACHELLA VALLEY Request that the Planning Department grant the distance requirement REEN DRAGON from 600 feet to 479 feet for the distance from applicant's premises to the Marquee Acaemy of Performing Arts. STAFF APPVL: PLANNER: 07/16/18 - AMM is not applicable. Noriko Kikuchi r--- MONTH ENDING APP DATE CASE# TYPE RELATED CASES APNI HSPB ME2 615/2018 7.1561 AMM 3.4099 MAJ 510-340-012 ADDRESSNO ADDRESS ZONE SECTION TOWNSHIP RANGE 1730 PINNACLE POINT ROAD, LOT 10 PD PROJECT NAME: DESCRIPTION PINNACLE POINT A request for a front yard setback from 25 feet to 20 feet for the proposed construction of a new single family residence. STAFF APPVL: PLANNER: Under Review Glenn Miaker Page 6 of 6 EXHIBIT "8" vit►p CITY OF PALM SPRINGS Department of Planning Services 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 c�41Fon�Tel 760-323-8245 — FAX 760-322-8360 For Staff Use Only Case Number: In -Take Planner: Date: ADMINISTRATIVE MINOR MODIFICATION PLANNING / ZONING GENERAL INFORMATION FORM PLANNING ENTITLEMENTS REQUESTED: ❑✓ Administrative Minor Modification [] Change of Zone o Conditional Use Permit RSPB Action Major Architectural Ei Minor Architectural Parcel Map I Tract Map Planned Development District Single -Family Architectural Variance TO THE APPLICANT: Please fill out information requested below and attach the appropriate supplemental application. Protect Site information: Project Address: 353 S. Palm Canyon Dr. APN 513-203-017 k Project Name: (Name of condo or HOA) Coachella Valley Green Dragon Zone: CBD GP: Section/Township/Range: Description of Project: Medicinal and adult -use cannabis dispensary and on -site consumption lounge. Property Owner Information: Property Owner's Name: Jane Lundin Trust Property Owner's Signature: Property Owner's Address: 1400 Pinnacle Ct. Apt. 411 Point Richmond, CA 94801 Property Owner's Phone #: 760-668-2322 FAX: Property Owner's Email: Protect Manager Contractor Owner's Representative: Company / Agent's Name: Agent's Signature: Agent's Mailing Address: Agent's Owner's Phone #: Agent's Owner's Email: FAX: CITY OF PALM SPRINGS S Department of Planning Services 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Tel 760-323-8245 - FAX 760-322-8360 C'41J FoVL PLANNING DEPARTMENT APPLICATION ADMINISTRATIVE MINOR MODIFICATION TO THE APPLICANT: Fill out a General Information Cover Form first and attach this supplemental information sheet. Is the proposed project: []Conservation Area (MSHCP) ❑ Abut State Highway 111 ❑ Downtown Parking Combining Zone ❑ Historic Designation / District ❑ Specific Plan ❑ Resort Combining Zone [:]Water Course / Flood plain ❑ Hillside Lot ❑ Noise Impact Zone ❑On the Agua Caliente Band of Cahuilla Indian Reservation Land ❑ Fall within the Riverside County Airport Land Use Commission Review Area General Information: Common Name of Project: Coachella Valley Green Dragon When did present owner acquire the property: 01/06/2017 Relationship to larger project: Existing use of project site: Vacant Residential Projects: Proposed building square footage: Number of dwelling units: Largest single building: (sq. ft.) _ Describe recreational facilities: Parking spaces required: (Per PSZC 93.06) Net Lot Area: Number of stories: Number of stories: Number provided: Height: ft. Height: ft. Commercial Projects: Proposed building square footage: 1,500 sq. ft. Net Lot Area: 16,117 sq. ft, Type of uses and major functions: Commercial Square footage of building area devoted to each proposed use: Number of stories: 2 Height: ft. Largest single building: (sq. ft.) 4,427 Number of stories: 2 Height: ft. Parking spaces required: 17 Number provided: 19 including 1 handicapped parking (Per PSZC 93.06) 10 am to 8 m Hours of operation: p _i Maximum number of clients, patrons, shoppers at one time: Maximum number of employees at one time: 5 Area and percent of total project devoted to: 1,500 ,500 sq. ft. 100 Paving including streets or drives: sq. ft. % Landscaping, Open, Recreation: sq. ft. % TOTAL PROJECT AREA sq. ft. � � vl►�M s'0.o V � • C'fttFOaN\' CITY OF PALM SPRINGS Department of Planning Services 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Tel 760-323-8245 — FAX 760-322-8360 PLANNING DEPARTMENT APPLICATION ADMINISTRATIVE MINOR MODIFICATION TO THE APPLICANT., Fill out a General Information Cover Form first and attach this supplemental information sheet. General Information: Describe type of modification and special circumstance necessitating this application. Applicant requests the Planning Department grant the distance requirement from 600 ft. to 479 ft. for the distance from Applicant's premises to the Marquee Academy of Performing Arts. Applicant also request that the Planning Department waive the distance requirement between Applicant's lounge and dispensary. The Zoning Ordinance Section 94.06.01(b)(2) sets forth criteria used by Staff in determining if the proposal based upon evidence presented will not have a detrimental effect on neighboring properties. The following four (4) questions are related to required findings that will be used in the decision process. Please respond to each of them by indicating how they are applicable to the property in question. 1. Is the proposed Administrative Minor Modification consistent with the General Plan? Yes. 2. Explain how neighboring properties will not be adversely affected as a result of the approval of the minor modification. The lounge and the dispensary are located within the same building and will not appear to be two separate cannabis buildings clustered together. Additionally, the request for a variance of 121 ft. will have n on the neighboring properties or the Marquee's part-time business. 3. Explain why the approval will not be detrimental to the health, safety, or general welfare of the persons residing or working on the site or in the vicinity. Proper restrictions and regulations for security and safety, noise and odor control, signage and advertising will be implemented to ensure the health, safety and general welfare of the community will be upheld. 4. Explain why the approval is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. Applicant's site conditions meet all building and safety standards and zoning code requirements. Applicant requests no other modifications other than the above -listed distance requirements for cannabis businesses. ___ CITY OF PALM SPRINGS PLANNING DEPARTMENT APPLICATION V • ADMINISTRATIVE MINOR MODIFICATION C'44l FORS\' APPLICANT'S REQUIRED MATERIAL CHECKLIST The following items must be submitted before an Administrative Minor Modification application will be accepted. Please check off each item to assure completeness. Applicant City Use Only Only Application Information: • General Information Form + Administrative Minor Modification Form ❑✓ ❑ • Justification Letter © ❑ Site Information: • Site Plan: 24" x 36" (4 copies folded) ❑✓ ❑ • Site photographs: 8 W x I V ❑ Architectural Information: • Building Elevations: 24" x 36" (4 copies folded) p ❑ • Color and material sample board ❑✓ ❑ • Electronic copy of plans and color exhibits in PDF image p ❑ format (max 5 MB) AMM Checklist - Revised 03/13/17 - dka CALIFORNIA• • • t • rat. ..cat v..v. it.v.. .wt:.�.✓.vi .a .v... �N a.r s. s� .i.•.at.v.. st..w :..eCi...� .a an .w _cam .a ..� .w . st<.nY.nN.rt/ti. s' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On _ ._-- _...._......_ before me, Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herAheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: _ _._ .... Capacity(ies) Claimed by Signer(s) Signer's Name: ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑ General ❑Individual ❑ Attorney in Fact [-]Trustee ❑ Guardian or Conservator I-10ther: Signer Is Representing: Signer's Name: __ ❑ Corporate Officer — Title(s ❑ Partner — []Limited ❑General ®Individual []Attorney in Fact Trustee [-]Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 California All -Purpose Acknowledgment The so-called "all-purpose" acknowledgment wording, as prescribed in law" (Civil Code Section 1189[c]), California Civil Code Section 1189(a), is mandatory for all acknowledgments Still, however, any acknowledged document notarized and filed or taken in the state, whether the acknowledger is signing as an individual or a recorded in California must bear only an all-purpose certificate, representative (partner, corporate officer, attorney in fact, trustee, etc,). State law requires the "all-purpose" certificate wording to be used exactly Law permits California Notaries to use an out-of-state acknowledgment as it appears in statute. form on a document that will be filed in that other state or U.S, The optional section at the bottom can deter alteration of the document jurisdiction, but only if "the form does not require the Notary to determine or fraudulent reattachment of this form to an unintended document. The or certify that the signer holds a particular representative capacity or to insertions in this section are not required by law. Failure to fill out this make other determinations and certifications not allowed by California section will not affect the validity of the certificate. Instructions: Q NAME OF COUNTY where Notary performs notarization. Q DATE OF NOTARIZATION. Actual month, day and year on which signer(s) appear(s) before Notary. Q NAME & TITLE OF NOTARIZING OFFICER. in the case of a Notary, "Notary Public" would be the title. Q NAME(S) OF SIGNERS) appearing before Notary. Initials and spelling of names should agree with name(s) signed on document and 1D card, Q NUMBER AND GENDER OF SIGNER(S). Cross out letters and words that do not apply — person(s), name(s), is/are, he/she/they, his/her/ their, capacity(ies), signatures) — or circle words that apply, to agree with number and gender of signer(s) in space 4. Q SIGNATURE OF NOTARY exactly as name appears on commissioning papers, in space 3 and in seal. Q NOTARY SEAL IMPRINT, clearly and legibly affixed. aLL11aNNlp ♦1.4VIMlOY 4CMNOWLWOMtaNT aMLaoaa�tlBY ��+.n'wNcv Ww denanWroW. awau ..11W>'ff ". u«kM1aL .dMr1W.e. :mro..IM�rbvMlci.4tSSN vbM m..�w�m,Kr,mw.mry tloq eawwd m h „""ios nrwe�s Q ; It. Jorte.5, Wa'ye■p"lie Mw f<"t.0 W M. IM. a.. b.b "1 .tl"t.tlory wtemn M a IN w.mM I.O... wn.QO 6T.. eburlpal t" va MAtbi .m wlaic.rbJpau g A. 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Most but not all documents will have a date, usually at the top or following the signature. If none, insert "No Date." m NUMBER OF PAGES in the notarized document. This may point out fraudulent addition or removal of pages. Do not count the certificate as a page. However, the certificate will be regarded as a page by recording officials in assessing recording fees. m SIGNER(S) OTHER THAN NAMED IN SPACE 4. Since all signers might not be named on the same notarial certificate, insert name(s) of signer(s) here that appear(s) or will appear on other certificates — as many as space allows. If there are a large number of signers, a notation such as "Mary Smith and 28 other signers" will suffice. If none, Insert "no other signers." 0 NAME(S) OF SIGNER(S) from space 4 whose capacity and represented entity follow. ® CAPACITY CLAIMED BY SIGNER Check appropriate box to indicate whether signer is signing as individual (on his or her own behalf), or as corporate officer (indicate corporate title), partner (indicate whether "limited" or "general" partner), attorney in fact, trustee, guardian/conservator, or in another capacity. m DESCRIPTION OF OTHER CAPACITY(IES). A single capacity, such as "executor," may be indicated here; or a multiple capacity, such as "corporate officer signing for partnership in which corporation is partner," ® NAME OF PERSON OR LEGAL ENTITY that signer is representing. It could, for example, be the name of an absent person represented by attorney in fact. It could be the name of a condominium association, such as "Blue Lagoon Condo Assn." Or it could be multiple entities, such as I'XYZ Corp., partner in Mutual Enterprises, a partnership." A. NATIONAL NOTARY ASSOCIATION 9350 De Soto Avenue Chatsworth, CA 913114926 1-800-876-6827 www.NationalNotary.org 02014 Natlonal NolaryAssoclelion nem $5907 CITY OF PALM SPRINGS U Department of Planning Services 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 • cat FOAN�* • Tel 760-323-8245 — FAX 760-322-8360 JUSTIFICATION LETTER ADMINISTRATIVE MINOR MODIFICTION A Justification Letter explaining your application will be included in the materials reviewed by the Planning Commission; multiple related applications may be addressed in a single comprehensive letter. This letter may be prepared by the applicant or a representative. The following format is provided to assist you in the preparation of this letter. Project Description: Please provide a detailed description of the project. Include items such as intended use of the property; possible environmental impacts; and architectural changes. Information: Please provide the following information and any other that will assist Planning Staff in making their decision: • Reason for request • Special circumstances associated with request • How the project will not impact adjacent properties Findings: Please describe in detail how the project meets/supports existing City regulations for ALL of the findings of approval of each application type per the Palm Springs Zoning Ordinance. The Justification Letter must have original signature of named owner, applicant or representative identified as such. Note: Palm Springs Zoning Code (PSZC) Finding Sections as follows: • Administrative Minor Modification: 94.07.00(B)(2) • Change of Zone: 94.07.00(A) • Conditional Use Permit: 94.02.00(B)(6) • Minor / Major Architectural: 94.04.00(D) • Planned Development District: 94.02.00(B)(6) • Variance:94.06.00(B) PSZC can be found on the Planning Services web page at www.palmspringsca.gov EXHIBIT "9" SELAN LAW FIRM A professlonal Corporatlon June 4, 2018 BOB SELAN Bob@selanlaw.com LISA SELAN KATIE PODEIN Lisa@selanlaw.com Kade@selanlaw.com To Palm Springs Planning Director, Planning Department and/or Planning Commission: RE: Coachella Valley Green Dragon Caregivers Justification Letter for Minor Modification for Application C-2017 -006 Project Description: Coachella Valley Green Dragon Caregivers ("Applicant") has applied for a license for a medicinal and adult -use cannabis dispensary and on -site consumption ("Project") located at 353 S. Palm Canyon Dr.; APN: 513-203-017 ("Property"). The zoning of the property is Cl3D. Information: Applicants request a minor modification for two reasons. First, Applicants request that the Planning Commission waive the distance separation requirement between Applicant's two cannabis businesses- the dispensary and the on -site consumption lounge. PSZC Section 93.23.15.C.1 requires cannabis facilities be separated by a minimum of five hundred feet (500') distance, unless modified by the City Council. City Council has the authority to exercise discretion in their application of this distance requirement to individual cases, via modifications considered and granted by the Council, on a case -by - case basis, pursuant to Section 94.06.01.13 (minor modification requests). PSZC Section 94.06.01.13 outlines the procedures and requirements for a minor modification. Applicant's request for the minor modification meets the criteria set forth in this section because Applicant's request is consistent with the general plan; the neighboring properties will not be adversely affected; the 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; and approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, and the historic development patterns of the property or neighborhood. The intent of the distance separation requirement in PSZC is for cannabis businesses located in separate buildings, on separate properties, and owned by separate business owners to not cluster together to cause an undue concentration of cannabis businesses in one location. In Applicant's case, the dispensary and the lounge are located in the same building and on the same property, both of which are owned and controlled by Applicant. To a passerby, it will appear as if only one business is located on the Property. The allowance of both businesses located on the Property will have no greater impact on the community than if one business was located there. Secondly, Applicant requests that the Planning Commission allow the Project to be located within 479 feet of the Marquee Performing Arts Academy ("Marquee"), rather than the separation distance of 600 feet. PSZC Section 93.23.15.C.4 requires a 600-foot separation distance between a cannabis business and a 23679 Calabasas Road #386 — Calabasas, California 91302 OFFICE: (818) 710-4330 FAX: (818) 710-9799 Coachella Valley Green Dragon Justification Letter June 4, 2018 Page 2 school, public playground, public park, day care/child center or youth center. The City Attorney sent Applicant a letter dated April 10, 2018 notifying Applicant that the 600-foot separation distance applied because the Marquee was determined by the City Attorney to be a school. As Applicant has provided in a response to the City Attorney, PSZC Section 91.00.10.13 does not provide a definition of school but instead offers a definition of "Educational institutions". They are defined as "public and other nonprofit institutions conducting a regular academic instruction at kindergarten, elementary, secondary and collegiate levels..." and must "(a) offer general academic instruction equivalent to the standards prescribed by the State Board of Education." Further, California Health & Safety Code Section 11362.768(h) defines "school" as follows, "any public or private school providing instruction in kindergarten or any of grades I to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes." The California Department of Education provides a "Definition of a School" and offer a three -pronged test to determine whether an entity is a school: (1) "Is the educational component of the entity secondary to its primary purpose, which is other than education? (2) Do students, who are enrolled in the entity, remain members of the school that referred them? (3) Do all students enroll on a part-time basis? If the answer to any of those three questions is yes, then the entity is not a school, and it may be a program. Marquee is a music and dance studio for all ages. Marquee is not registered on any school database. The classes it provides is as follows: dance, tap, piano, violin, drums & percussion, guitar, dance hip hop/jazz. Marquee does not provide, "instruction in kindergarten or any of grades 1 to 12, inclusive." Its classes are held after school and work hours (Monday through Friday from 3:30-6:30 pm) and on weekends (Saturdays from 9:00 am-12:00 pm). Moreover, Marquee holds concerts on the weekend which includes service of alcohol. For these reasons, we answer yes to all three questions above. Marquee does not fit the definition of a school. To support this finding, the California Department of Education does not list Marquee on their roster of schools. Thus, Applicant believes that the 600-foot separation distance should not apply. If the Planning Commission does, however, find that the Marquee is a school, then we request that it grants the minor modification and allow the Project to be located within a 479-foot separation distance instead. However, pursuant to the PSZC, this separation distance is not absolute and the City Council can exercise its discretion in the application to individual cases, pursuant to Section 94.06.01.13. Again, Applicant's request for the minor modification meets the criteria set forth in Section 94.06.01.13 because Applicant's request reduces the separation distance requirement by only 121 feet. Further, Applicant's request is consistent with the general plan; the neighboring properties will not be adversely affected; the 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; and approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, and historic development patterns of the property or neighborhood. Findings: Applicant's project meets/supports existing City regulations for all of the findings of approval for medicinal and adult -use cannabis dispensary and on -site consumption lounge because Applicant's site conditions meet all building and safety standards and zoning code requirements. Further, Applicant has met and shall continue to comply with all restrictions and regulations for security and safety, parking, noise and odor control, signage and advertising to ensure the health, safety and general welfare of the community will be upheld. Coachella Valley Green Dragon Justification Letter June 4, 2018 Page 3 Moreover, the City Council has granted minor modifications similar to those of Applicant. On December 16, 2015 the City Council met in regular session and among the actions that evening was a Public Hearing on Item I.A. for the "Review and Evaluation of Applications and Award a Sixth Permit for a Medical Cannabis Co-operative". In brief, seven applicants had applied for one available license. The staff reported out on a number of issues regarding the various applicants. In particular the application of Palm Springs Patients Collective (Charlie Kieley) was contested because it was too close to SAJ Dance Productions who claimed to be a school. The answer to this issue was provided for the applicant by David L. Baron, Partner at Slovak, Baron, Empey, Murphy and Pinkey, LLP. The points in that letter closely mirror those we have stated above. The City Council debated this point and did not find the presence of SAJ Dance Productions to be disqualifying for the applicant. While, Palm Springs Patients Collective was not successful in winning the sixth license, which went to Joy of Life Wellness Center, they were considered in a Council vote that evening. The debate and decisions are clearly documented in the Minutes of that Council Meeting. On April 18, 2018, the City Council considered Item 5.A., a request from Leef Industries, LLC seeking relief from a minimum separation distance from a public park. When measured from property line to property line as required in the City Code, the proposed cannabis dispensary was 170 feet away from the public park and not the required 600 feet. Despite this closeness, the City Council found, with little debate, unanimously 5-0 that the proposed dispensary did not adversely affect the general health, safety and welfare of the community and approved the requested relief. As demonstrated by these examples, the City Council has provided precedent in which to grant Applicant's minor modification requests. For the foregoing reasons, Applicant finds it is justified in the request for the minor modifications. Thank you for your consideration in this matter. Regards, Katie Podein, Esq. Attorney for Coachella Valley Green Dragon EXHIBIT 6610" ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME AMENDING ARTICLE X OF THE MUNICIPAL CODE TO CONDITIONALLY PERMIT CANNABIS FACILITIES IN CERTAIN ZONES AND AUTHORIZE DELIVERY, CULTIVATION, MANUFACTURING, AND SALE OF MEDICAL CANNABIS PRODUCTS FROM MEDICAL MARIJUANA DISPENSARIES. The City Council of the City of Port Hueneme does ordain as follows: SECTION 1: The City Council finds and determines as follows: A. On November 5, 1996, the voters of the State of California approved Proposition 215, codified as Health and Safety Code Section 11362.5, et seq., entitled the Compassionate Use Act of 1996 ("CUA"). The CUA exempts qualified patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana for personal medical use. B. The intent of the CUA is to enable persons in the State of California who are in need of marijuana for medicinal purposes to obtain it and use it under limited, specified circumstances. C. Health and Safety Code Section 11362.7, et seq., ("Medical Marijuana Program Act," or "MMPA") clarifies the scope of CUA and allows cities and other governing bodies to adopt and enforce rules and regulations consistent with the MMPA. The MMPA created a state -approved voluntary medical marijuana identification card program and provided for certain additional immunities from state marijuana laws. D. The Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., classifies marijuana as a Schedule 1 Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful under federal law for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for medical purposes. E. In 2015, the Medical Marijuana Regulation and Safety Act ("MMRSA") became effective. MMRSA establishes a State licensing scheme for commercial medical marijuana uses while protecting local control by requiring that all such businesses must have a local license or permit to Page 1 of 23 A. In any case in which a qualified patient or person with an identification card receives medical care or supportive services, or both, from a clinic licensed pursuant to Health and Safety Code Section 1200, et seq., a health care facility licensed pursuant to Health and Safety Code Section 1250, et seq., a residential care facility for persons with chronic life - threatening illness licensed pursuant to Health and Safety Code Section 1568.01, et seq., a residential care facility for the elderly licensed pursuant to Health and Safety Code Section 1569, et seq., a hospice, or a home health agency licensed pursuant to Health and Safety Code Section 1725, et seq., the owner or operator, or no more than three employees who are designated by the owner or operator, of the clinic, facility, hospice, or home health agency, if designated as a primary caregiver by that qualified patient or person with an identification card. B. An individual who has been designated as a primary caregiver by more than one qualified patient or person with an identification card, if every qualified patient or person with an identification card who has designated that individual as a primary caregiver resides in the same city or county as the primary caregiver. C. An individual who has been designated as a primary caregiver by a qualified patient or person with an identification card who resides in a city or county other than that of the primary caregiver, if the individual has not been designated as a primary caregiver by any other qualified patient or person with an identification card. D. A primary caregiver must be at least 21 years old, unless the primary caregiver is the parent of a minor child who is a qualified patient or a person with an identification card or the primary caregiver is a person otherwise entitled to make medical decisions under state law pursuant to Family Code Sections 6922, 7002, 7050, or 7120. "Qualified patient" means a person who is entitled to the protections of Health and Safety Code Section 11362.5. "School" means any public or private school providing instruction in kindergarten; any grades 1 through 12; a day care center; or a youth center. A school does not include any private school in which education is primarily conducted in private homes. "Testing Service" has the same meaning as set forth in Health and Safety Code § 26001. "Youth center" means any public or private facility that is primarily used to host `Y recreational or social activities for minors including, without limitation, private Page 8 of 23 youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. 10294 - State License Required; Timing. To engage in commercial cannabis activity allowed by this Part, a person must obtain the following: A. First, a Development Permit as required by this Part. B. After obtaining a Development Permit issued by this Part, a person must thereafter obtain and maintain, a Type 6 (Manufacturer 1) license issued by the California Department of Consumer Affairs. Additionally, and depending on the type of Development Permit issued pursuant to this Part, e.g., whether delivery or manufacturing is authorized, a person must also obtain a Type 10 or 10A license issued by the California Department of Consumer Affairs. C. Notwithstanding any other provision of applicable law, a Development Permit issued by this Part will be rendered void should a person fail to obtain or maintain a license required by this Section. 10295 - Development Permit; Qualifications and Timing Set by Resolution. To protect public health and fety, and to further ensure that commercial cannabis activities permitted by this Part re in the public interest, the City Council may establish the procedures for determinin the qualifications of persons allowed to apply for a Development Permit by resolution. Any such city council resolution may also establish the method, including timing, for objectively selecting persons that may apply for a Development Permit pursuant to this code. 10296 - Limitations on City's Liability. A. To the fullest extent permitted by law, the city does not assume any liability whatsoever, with respect to approving any permit pursuant to this code or the operation of any facility approved pursuant to this code. B. As a condition of approval for any permit as provided in this code, the applicant or its legal representative must: Execute an agreement indemnifying the city from any claims, damages, injuries, or liabilities of any kind associated with the registration or operation of the facility or the prosecution of the facility or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of federal or state laws; Page 9 of 23 EXHIBIT 6611" REGULAR i�lilu I t3�.� TITLE: A ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADDING MILPITAS MUNICIPAL CODE, TITLE XI, CHAPTER 10, SECTION 66 ENTITLED "MEDICAL AND ADULT -USE CANNABIS REGULATIONS" TO REGULATE CANNABIS CULTIVATION FOR PERSONAL USE AND TO ALLOW SPECIFIED COMMERCIAL CANNABIS USES SUBJECT TO REGULATION, AND MAKING CEQA FINDINGS OF EXEMPTION FROM ENVIRONMENTAL REVIEW PURSUANT TO CEQA GUIDELINES SECTIONS 15061(b)(3) AND 15183, AND BUSINESS AND PROFESSIONS CODE SECTION 26055(h) HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of , upon motion by and was adopted (second reading) by the City Council at its meeting of , upon motion by _ The Ordinance was duly passed and ordered published in accordance with law by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mary Lavelle, City Clerk APPROVED AS TO FORM: Christopher J. Diaz, City Attorney I Rich Tran, Mayor Ordinance No. remuneration for these activities except for compensation in full compliance with subdivision (c) of Section 11362.765 of the Health and Safety Code. Q. "Private residence" means a house, an apartment unit, accessory dwelling unit, a mobile home, or other similar dwelling occupied for residential purposes. R. "Outdoor" means any location that is not totally contained within a fully enclosed and secure accessory structure or primary residence. S. "School" means of a school providing instruction in transitional kindergarten, kindergarten or any grades 1 through 12 (whether public, private, or charter), but does not include any private school in which education is primarily conducted in private homes. T. "Storefront retailer" means a cannabis retailer that conducts cannabis sales at a business premises that is open to the public, and may also conduct cannabis delivery as part of a retail sale. U. "Sell," "sale," and "to sell" include any transaction, whereby, for any consideration title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a permittee to the permittee from who the cannabis or cannabis product was purchased. V. "Transitional kindergarten" means the first year of a two-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate, pursuant to Section 48000(d) of the Education Code. W. "Youth center" means any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city, county or state parks. This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations. XI-10-66.03- Cultivation of Cannabis for Personal Use A. Indoor Cultivation. The indoor cultivation of cannabis for personal use, including cultivation for personal use by a qualified patient and by a primary caregiver for the personal medical purposes of no more than five specified qualified patients, is prohibited except in compliance with the following: 1. Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a private residence. 2. Cannabis cultivation shall be limited to six plants total per residence, whether immature or mature, regardless of how many residents reside at the private residence. 3. Persons engaging in indoor cultivation must comply with all State and local laws regarding fire safety, water use, electrical wiring, buildings, and indoor cultivation, and with Health and Safety Code Sections 11362.1 and 11362.2. 4. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of cannabis is prohibited. Use of gas products shall be limited to those allowed by the California Building, Electrical, 9 Ordinance No. EXHIBIT "12" ORDINANCE NO. AN ORDINANCE REPEALING TITLE 5 CHAPTER 25 AND ADDING TITLE 5 CHAPTER 28 TO THE PLACERVILLE MUNICIPAL CODE (CANNABIS BUSINESS REGULATION) The City Council of the City of Placerville does ordain as follows: Title 5, Chapters 25, Title 10 Chapter 10 Sections 1-5 of the Placerville Municipal Code and Ordinance 1683 shall be repealed effective October 25, 2018; and, Title 5, Chapter 28 shall be added to the Placerville Municipal Code as shown in the attached documents. The above Ordinance was introduced at a regular meeting of the City Council of the City of Placerville on September 11, 2018, by Councilmember , seconded by Councilmember , and the reading of said Ordinance was waived. The Ordinance was read for a second time on _ , 2018. Councilmember moved for adoption of the Ordinance seconded by Councilmember _ and a poll vote was taken which stood as follows: AYES: NOES: ABSENT: ABSTAIN: Mayor Wendy Thomas Attest: Regina O'Connell, City Clerk Page 1 of 49 from whom the cannabis or cannabis product was purchased. (bk) "State License" means a permit or license issued by the State of California, or one of its departments or divisions, under MAUCRSA and any subsequent State of California legislation regarding the same to engage in commercial cannabis activity. (bl) "Testing laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state. (2) Licensed by the bureau. (bm) "Topical cannabis" means a product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code. (bn) "Transport' means the transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized by MAUCRSA which may be amended or repealed by any subsequent State of California legislation regarding the same. Transport does not include deliveries of cannabis or cannabis products. (bo) "Unique identifier" means an alphanumeric code or designation used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant. (bp) "Youth center' means any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city, county or state parks. This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations. (bq) "Volatile solvent" means any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Examples of volatile solvents include, but are not limited to, butane, hexane, and 10 Page 10 of 49 EXHIBIT "13" DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 101010TH Street, Suite 3400, Modesto, CA 95354 Planning Phone: (209) 525-6330 Fax: (209) 525-5911 Building Phone: (209) 525-6557 Fax: (209) 525-7759 DATE October 3, 2019 MEMO TO: Stanislaus County Planning Commission FROM: Department of Planning and Community Development SUBJECT: ORDINANCE AMENDMENT APPLICATION NO. PLN2018-0037 — COMMERCIAL CANNABIS ORDINANCES RECOMMENDATION Based on the discussion below and on the whole of the record, Staff is requesting that the Planning Commission provide a recommendation of approval to the Board of Supervisors for Ordinance Amendment Application No. PLN2018-0037 — Commercial Cannabis Ordinances, as presented in this staff memo. If the Planning Commission decides to provide a recommendation of approval, Attachment A provides an overview of all of the findings required for project approval. BACKGROUND On June 27, 2017, the Governor approved Senate Bill 94, the Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA), which created one regulatory system for commercial cannabis activity. This legislation allowed each jurisdiction to either permit or prohibit commercial cannabis activity within their jurisdictions. On December 5, 2017, the Stanislaus County Board of Supervisors approved an ordinance amendment to the Stanislaus County Code which allows for up to 61 cannabis activities permits, prohibits outdoor cannabis cultivation, and limits retail to no more than seven establishments in the unincorporated area (to view the December 5, 2017 Board of Supervisor item visit the Board of Supervisors Agenda, Minutes. Audio & Video web page at www.stancounty.com/bos). The County adopted two separate ordinance amendments addressing commercial cannabis activities: Title 21, the Stanislaus County Zoning Ordinance, which specifies the zoning districts where each commercial cannabis activity may be permitted, subject to the discretionary review process; and Chapter 6.78 of the County Code, which lays out the general regulations for commercial cannabis activities in the County, including operating standards such as required setbacks from specific uses, odor control, and security measures. In January 2018, the County received 61 complete applications requesting a total of 84 commercial cannabis permits. The County contracted with a third -party reviewer, HDL Consulting, to review and score each application to determine a ranking and to ensure compatibility with state regulations. A background screening was also conducted by the Sheriff's Department for all business and property owners. After this review, 33 applications, including 44 permits, moved forward into the land use entitlement and development agreement phase of the permitting process, which requires a Planning Commission hearing and Board of JJJ. "Testing laboratory" means a facility, laboratory, entity, or site in the state that offers or performs test of cannabis or cannabis products and that is both of the following: (1) Accredited by an accrediting body that is independent from all other persons involved in Commercial Cannabis Activity in the Sstate. (2) Licensed by the California Bbureau of Cannabis Affairs. � KKK. Transport means the transfer of cannabis products from the permitted activity location of one Permittee to the permitted activity location of another Permittee, for the purposes of conducting Commercial Cannabis Activity authorized by MAUCRSA which may be amended or repealed by any subsequent State of California legislation regarding the same. LLL. "Unique identifier" means an alphanumeric code or designation used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant. MMM. Youth center means a public or non-profit operated facility established for the purposes of providing social and recreational opportunities for children ages 11 to 18 years old FnGF9 F96tFiGtiV8, The term "youth center" does not include "youth instructional facilities." NNN. "Youth instructional facilities" means any commercially operated facility that provides supervised Instruction to children below 18 Years old, e a a t .4 .v,,,L•,I. Annea 6.78.040 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter. Except as specifically authorized in this Chapter, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution or transportation (other than as provided under Business & Professions Code Section 26090(e)), of cannabis or cannabis product is expressly prohibited in the County of Stanislaus. For the purposes of this Section, "Commercial Cannabis Activity" does not include the activities defined in Section 11362.1 and Section 11362.2 of the California Health & Safety Code related to personal use and cultivation. 6.78.050 Compliance with Laws. It is the responsibility of the owners and operators of the Commercial Cannabis Activity to ensure that it is always operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. Nothing in this Chapter shall be construed as authorizing any actions that violate federal, state law or local law with respect to the operation of a Commercial A Page 9 EXHIBIT 6614" THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS BOARD ACTION SUMMARY DEPT: Planning and Community Development BOARD AGENDA:6.2 AGENDA DATE: November 6, 2019 SUBJECT: Conduct a Public Hearing to Consider the Planning Commission's Recommendation for Denial of Ordinance Amendment Application No. PLN2018-0037, Commercial Cannabis Ordinances, a Request to Amend Chapter 6.78 — Commercial Cannabis Activities and Chapter 21.20 - General Agriculture District (A-2) of the Stanislaus County Code BOARD ACTION AS FOLLOWS: RESOLUTION NO.2019-0682 On motion of Supervisor _Olsen _ Seconded by Supervisor Cbi�--------------- and approved by the following vote, Ayes: Supervisors _OJseo,.O.Wesa.BerryNU..aod CbairmanWitbrow________________________________ Noes: SupervlsorsL.............. sM@rjW___----__ ------------------------------------------- Excused or Absent: Supervisors__ NQgq______________ ----------------------------------------- Abstaining: Supervisori---------- N.Q►le------------------------------------------------------- 1) Approved as recommended 2) Denied 3)_ __ Approved as amended 4) Other: MOTION: Approved Staff Recommendations Nos. 1-8; and, amended 6.78.120 subsection E (7) of the proposed ordinance to read as follows: "Permittees shall agree that, as an express and ongoing condition of permit issuance and subsequent renewal, the Permittee is prohibited from advertising any Commercial Cannabis Activity located in the unincorporated area of Stanislaus County utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising, anywhere in the unincorporated area. This paragraph is not Intended to place limitations on the ability of a Commercial Cannabis Activity to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways" INTRODUCED, WAIVED THE READING, AND ADOPTED ORDINANCE C.S. 1268 46 r ATTEST: ELI z6k7 H . KING, Clerk of the o d of Supervisors File No. ORD-564-1 these proposed changes, an amendment to Section 21.20.030 of the A-2 (General Agriculture) zoning ordinance is proposed to clarify that in addition to natural and mixed - light, indoor light cultivation and nursery activities are also permitted activities in the A-2 (General Agriculture) zoning district when a use permit is obtained. The limits on hours of operation for retail and delivery activities (Section 6.78.070) is proposed to be amended from a maximum closing time of 7 p.m. to 10 p.m. This proposed change is intended to be consistent with state law which allows retail operations between the hours of 6 a.m. and 10 p.m. and with the City of Modesto which allows retail facilities to operate up to 10 p.m. The definition of "youth center" (Section 6.78.030) is proposed to be amended to clarify that the definition of "youth center" does not include "youth instructional facilities." Subsection NNN has been added to define "youth instructional facilities" as "any commercially operated facility that provides supervised instruction to children below 18 years old, examples include, but are not limited to, instruction in art, music, dance, gymnastics, cheer, sports, martial arts, or tutoring. The intent of this proposed amendment is to clarify any confusion with the State's definition of a youth center, which is vague. The primary function of a "youth instructional facility" is to provide instruction with a fixed enrollment and schedule, supervised by instructors, on a for profit basis. Many of these facilities are located within industrial and light industrial areas, which staff has heard at numerous public hearings are the preferred locations for commercial cannabis activities. Much of the light industrial areas in the unincorporated County are zoned Planned Development and Planned Industrial. These areas were developed for low traffic generating industrial and commercial uses and were never intended for high traffic generating commercial or recreational uses. However, over time many youth instructional facilities have been approved in these areas with limits on class sizes and hours of operation under the condition that they remain low traffic generating. By providing the distinction between "youth centers" and "youth instructional facilities" commercial cannabis activities will be more easily sited in the industrial and light industrial areas of the County which both decision makers and the public have indicated are preferred locations for commercial cannabis uses. If the Board of Supervisors does not support the proposed changes to the definitions of "youth center" and "youth instructional facility" there are other options for approving a reduced setback from a youth center on a case by case basis. The State allows for permitting of facilities with alternative setback distances from schools, day care centers, or youth centers if it is approved by the local jurisdiction. Section 6.78.120 (A)(6)(c) of the County's Commercial Cannabis Ordinance currently allows for a waiver or reduced setback to the 200-foot setback from residences and libraries and the 50-foot setback from property lines in the A-2 (General Agricultural) zoning district provided the decision -making body finds that the site of commercial cannabis activity is physically separated from the use, prohibiting direct path of travel, or if they determine that such a waiver or reduction will not result in material detriment to the welfare or the property of persons located in the vicinity. This waiver allowance and associated findings could be incorporated into section 6.78.120 (A)(7) to allow the option for a setback waiver from the 600-foot setback from youth centers. The required setback waiver findings would need to be made on a case -by -case basis by the decision -making authority and would Page 3 of 7 require a further amendment to the proposed ordinance amendment. The other option to granting a waiver or reduction to the setback from youth centers is to incorporate the allowance for a reduced setback into the development agreement for a specific project on a case -by -case basis, without the need for an ordinance amendment, during the land use entitlement phase of permitting. A detailed summary of the proposed ordinance amendments and analysis of general plan and ordinance consistency can be found in Attachment 1 — October 3, 2019 Planning Commission Staff Report. The proposed Zoning Ordinance amendments will apply to all commercial cannabis activities in the unincorporated County areas. All commercial cannabis projects will continue to be subject to obtaining a discretionary land use permit and development agreement prior to obtaining a Stanislaus County Commercial Cannabis Activity Permit. The Planning Commission must consider and make recommendations to the Board of Supervisors on all proposed amendments to the County's Zoning Ordinance, which is contained in Title 21 of the Stanislaus County Code. However, in accordance with Section 6.78.300 — Review by Planning Commission, the Planning Commission is limited to considering changes to Chapter 6.78 of the Stanislaus County Code which are related to land use compatibility. Accordingly, the amendments to the County's Commercial Cannabis Ordinance has been split into two items. This item includes land use related amendments only and have been considered by the Planning Commission at a public hearing. The other item includes updated procedures for the suspension revocation, or non -renewal of Commercial Cannabis Activity Permits and for enforcement, declarations of public nuisance, and abatement procedures of commercial cannabis activities, which will be brought before you in a separate item by County Counsel. The Planning Commission considered the land use related amendments at a public hearing on October 3, 2019. Following staffs presentation Commissioner Buehner asked for clarification on "youth facility" vs. "youth instructional facility," whether youth are present at both, and the purpose of this proposed change. Staff clarified that while youth would be present at both types of facilities, a "youth instructional facility" is a business whose primary purpose is to instruct youth in targeted activities such as cheer, gymnastics, or martial arts, for a fee, in a weekly scheduled and supervised instructional environment. Staff further clarified that examples of a "youth center" would include the Maddox Youth Center or the Empire Pool. Staff explained that the purpose of the proposed amendment is to clarify the State's definition by determining that the 600-foot setback applies to for "youth centers" but does not apply to "youth instructional facilities. Commissioner Munoz asked for clarification on schools vs. youth instructional facilities. Staff clarified that private and public K-12 schools are already covered by the setback required for a "school" and pre-schools are covered under the definition of "day care center." Commissioner Blom stated that the planned industrial areas in the County were not zoned to allow for commercial youth instructional facilities when they were first developed and that these uses established themselves over the years slowly. Staff verified that this is the case and explained that this amendment would assist in the siting of commercial cannabis activities in industrial and light industrial areas which according to the input staff has received from the Planning Page 4 of 7 ATTENTION CK DANCE PARENTS Green Savants, LLC, submitted an application for a Conditional Use Permit (CUP) for a cannabis facility at 888 E. Research Drive. The facility was to include cultivating, manufacturing, distribution and lounge/dispensary. On July 28, 2021, the Planning Commission considered the subject application for the proposed cannabis cultivation and manufacturing facility within the existing building at 888 E. Research Drive. At this meeting, the Planning Commission was unable to make necessary findings for approval. Specifically, in response to required finding "a." of Palm Springs Zoning Code (PSZC), Section 94.02.00 (B) (6), the Commission determined as follows: Commission Determined: There is an existing dance studio offering classes to youth at 820 E. Research Drive, a property that is approximately 175 feet from the project site. This studio is considered a youth center. Based on the Special Schedule for Cannabis Uses, PSZC Section 93.23.15, the proposed facility violates the minimum separation requirements of 600 feet for a siting a cannabis use(s) to a protected use, including the youth center. Therefore, the use applied for at the location set forth in the application is not properly one for what a conditional use permit may be authorized by the zoning code. Required Finding: a. that the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by the Zoning Code. The Planning Commission voted 6 — 0 to deny the subject application as required by Palm Springs Zoning Code 94.02.00. The applicant, Green Savants LLC, has appealed the decision of the Planning Commission to City Council. Their appeal is tentatively scheduled for the October 14, 2021 Council meeting. PLEASE STOP BY THE OFFICE TO SIGN OUR PETITION BEING SENT TO THE CITY COUNCIL REQUESTING THAT THEY UPHOLD THE PLANNING COMMISSION'S DECISION. � k u6 -Z 10-o 041ic'I ITEM NO. " r 1 NAME (PRINT) �R G /G �> - U/ SIGNATURE to L ADDRESS �17,7%Le �r � o Y U/I �Q0 C , qZ lAL Sao SS sccoir,: vx"? LIAO�9►� 116 LWD0 ►S vuS & I MS�DYIaSCA-gZ.Z&2 uod i, SJTu uU S Joe Duffle President United Food and Commercial Workers Union November 4, 2021 Honorable Mayor Holstege and Members of the Council, Matt Bruno Secretory -Treasurer I am writing to express our support for Green Savants, LLC. We ask that you uphold the appeal by Green Savants, LLC and that you overturn the denial decision of the Planning Commission regarding their Conditional Use Permit application allowing them to operate a cannabis business in the City of Palm Springs. Green Savants, LLC has entered into a Labor Peace Agreement (LPA) with our Union, UFCW Local 1167. An LPA helps create a neutral environment and process that freely allows workers to decide if representation in their workplace is right for them and their coworkers without the fear of intimidation by the employer. An LPA also helps create partnerships between employers, workers and the union. As a Union, our goal is to work collectively with cannabis employers so that workers in the emerging cannabis industry have access to good paying jobs, paid time off, benefits and worker training. Our goal in partnering with operators like Green Savants, LLC is to help set the standard for workers in the industry. If Green Savants, LLC is able to operate a cannabis business in the City of Palm Springs, we will work very closely with the company so they abide by the Labor Peace Agreement and so the jobs they bring into Palm Springs are good quality jobs that will benefit workers and the community. Thank you for your consideration. Sincerely, Joe Duffle, President UFCW Local 1167 JD:cq 855 West San Bernardino Avenue • P.O. Box 1167, Bloomington, CA 92316 d L4 I VT( �lic Comb: Business Office: (909) 877-5000 • Toll Free: (800) 698-UFCW - (Mon. - Fri. 8:30 a.m. - 4 P.m.) Insurance: Food and Meat (909) 877-1110 - Drug and General Sales (909) 877-2331 m Anthony Mejia From: Monique Lomeli Sent: Thursday, November 4, 2021 12:52 PM To: Anthony Mejia Subject: Public Comment By Phone Richard Rodriguez, resident on Eastgate Road, opposed to the navigation center on McCarthy Road as he believes it will negatively impact the neighborhood. Please choose a different site. Monique M. Lomeli, CMC Chief Deputy City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 T: 760.323.8204x8356 F: 760.322.8332 Jul IV-Zk wip i& lowr"ZY - rMM NO. 5 5 November 4, 2021 Palm Springs City Council 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: Agenda Item 2-A Support Letter - Green Savants, LLC (Case No. 5.1480 CUP) Dear Mayor Holstege and Councilmembers, As the voice of the local cannabis industry, CVCAN respectfully writes in support of Green Savants, LLC's (Case No. 5.1480 CUP) appeal to the 07/28/21 Planning Commission's denial of a CUP application to operate a cannabis cultivation and manufacturing facility at 888 E Research Drive. Since it first began the project in 2016, Green Savant worked closely with staff and relied on staffs guidance that the site was compliant with zoning ordinances, including the existing 600 feet separation distance requirement in place at the time. Despite the complete transparency with staff during this process on the location and surrounding businesses, the Planning Commission disregarded staffs recommendation on 07/28/21 and classified the dance studio as a "youth center." This decision relied on a letter from the owner of the dance studio self -classifying the business as a "youth center" which is not defined in the Palm Springs municipal code. Other municipalities, including Alameda and Lompoc, have tackled this question on whether a dance studio or martial arts studio is a "youth center" and have revised their code to specifically exclude dance studios, martial arts/dojos, and other physical fitness facilities from their definition, as they recognize that it effectively zones out cannabis businesses when considering all the other separation and zoning requirements these facilities must meet. See Alameda's revised definition below. "Youth centers" means any public or private facility that is exclusively used to host recreational or social activities for minors (under eighteen (18) years of age), such as, private youth membership organizations or clubs, social service teenage club facilities, or amusement facilities. "Youth centers" does not include any building, location, or facility where any programs, activities, or services: (a) are offered at private residences, (b) involve martial arts/combat sports, cultural or similar education, or physical fitness, or (c) are offered for fewer than five hours per day each day the building, location, or facility is open. Notwithstanding the foregoing, youth centers shall also mean any facility determined by the Alameda Recreation and Parks Department to be a recreation center in a city park. "- Alameda Municipal Code Section 6-59.3 Also, any concern that cannabis activities will be visible, or odor will escape the facility is not possible. Per the approved odor control plan and the state and local operating regulations that cannabis businesses must adhere to, there will never be cannabis or cannabis activities visible from the exterior of the facility, strict controls and advanced technical systems will be in place to prevent odors from escaping, and there \�)gjv2( Page 1 of 2 P.VH1(, ITEM NO. Z- will never be a chance that a minor wanders into the facility because of the high security and restricted access protocols in place. Further, per PSMC section 92.16.00, the "M-1-P" zone is for "administrative, wholesaling, warehousing, and light manufacturing activities" and does not include "youth centers" in the enumerated permitted uses in section 92.16.01. Finally, this proposal would support the much -needed livable wage jobs for working class families in the City of Palm Springs. As Palm Springs residents and nearby business operators, our support is based on the following additional points: • The remoteness of the Research Dr. Neighborhood attracts vagrants' theft and crime to nearby properties and businesses. • Approving the proposed Conditional Use Permit for 888 Research will enable occupancy and bring additional commerce and security to the area. • The architectural plans for 888 Research Dr call for a secure wall around the building, which will enhance the security for the entire neighborhood. • The owners of 888 Research Dr have been very open in their approach to nearby businesses and homeowners, in an effort to be a positive part of the community. • The owners of 888 Research Dr have complied with all local and State regulations for the intended use of the building and have proved to be responsible and reliable businesspeople. • This new business will create 25-30 union jobs and manufacturing in the City of Palm Springs We strongly encourage you to reconsider the Planning Commission's decision and approve Green Savants' appeal to move forward with their CUP application. Thank you for your time and consideration on this very important issue. Sincerely, VV14 President, CVCAN www.coacheIlavaIleycan.org Board Member, CVCAN Page 2 of 2 November 1, 2021 Palm Springs City Council 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: Support Letter - Green Savants LLC Dear Mayor Holstege and Councilmembers, I write to you today in support of a proposed application for cannabis manufacturing and cultivation. As a member of the Cannabis Chamber of Commerce, Green Savants Manufacturing and Cultivation Facility, would support the much -needed livable wage jobs for working class families and manufacturing in the City of Palm Springs. Riverside County small businesses have suffered during the pandemic. As an "essential business" the cannabis industry not only managed to survive the pandemic, but grew the number of industry employees both unionized and non -union. As a chamber of commerce, we are now asking that municipalities and government agencies to work swiftly with applicants through the application process. Based on data that the operator has shared with us, here are several reasons why we support the applicant: • Approvingthe proposed Conditional Use Permit for888 Research will enable occupancy and bring additional commerce and security to the area. • The architectural plans for 888 Research Dr call for a secure wall around the building, which will enhance the security for the entire community. • This new business will create 25-30 union jobs and manufacturing in the City of Palm Springs We believe the Green Savants Manufacturing and Cultivation Facility should be a strongly considered candidate. We support the manufacturing and cultivation facility and urge you to give full fairness and consideration consistent with all relevant rules and regulations. Please reach out with any questions or concerns. You can reach The Chamber at: info@cannabischamber.com. Thank you for your consideration, Chris Boudreau Chair of the Board, The Cannabis Chamber of Commerce www.TheCannabisChamber.com I q I UZ Info@TheCannabisChamber.com . BRUCE T. BAUER, ESQ. Of Counsel - up ADMITTED IN CA A T T O R N E Y S October 29, 2021 VIA U.S. MAIL & EMAIL cityclerk@palmspringsca.gov Anthony J. Mejia, MMC City Clerk Flinn.Fagg@palmspringsca.gov Flinn Fagg, AICP Development Services Director CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 REPLY To: 1800 E. Tahquitz Canyon Way Palm Springs, California 92262 T (760) 322-2275 • F (760) 322-2107 bauer(d)sbemp.com Re: APPEAL OF CONDITIONAL USE PERMIT, CASE #5.1480 GREEN SAVANTS, LLC ON BEHALF OF DLY PACIFIC WEST HALL, LLC / 888 EAST RESEARCH DRIVE City Council Appeal Hearing on November 4, 2021, at 5:30 p.m. Dear Messrs. Mejia and Fagg: Please accept this letter on behalf of our client, Green Savants, LLC on behalf of DLY Pacific West Hall, LLC (sometimes the "Applicant"), and convey this letter to the appropriate parties at the City of Palm Springs (the "City"), including members of the City Council. This letter is part of an appeal by Applicant, as described below, with regard to denial of the City's Planning Commissions of Applicant's proposed cannabis cultivation and manufacturing facility within the existing building located at 888 E. Research Drive, Palm Springs (the "Property") (the "Project.") 1. SUMMARY OF APPEAL AND REOUEST FOR CITY COUNCIL ACTION Our client is excited to be developing a project in the City and has appreciated working with City staff, who has been supportive of our client's project, during this long and drawn -out process. Our client has invested a large amount of resources in searching for the Project's site and has invested years into obtaining the proper approvals in connection with Project. It has scoped out the current location of the Project and was assured that it did not run afoul of any prohibitions against the location of cannabis facilities. Those prohibitions include the fact that cannabis facilities cannot be located near schools, public playgrounds, public parks, day care/child-care centers, or "youth centers." Palm Springs Zoning Code Section 93.23.15(C)(4)(c). On July 28, 2021, the Planning Commission denied the Project. However, City Staff had recommended approval of the Project and it look like it was slated to be approved at that hearing. However, the Project was turned back, at the 111 hour, because of an objection by CK Dance, SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA Indian Wells, CA Costa Mesa, CA San Diego, CA Princeton, NJ New York, NY T (760) 322-2275 T (760) 322- 9240 T (714) 435-9592 T (619) 501-4540 T (609) 955-3393 T (212) 829-4399 1 1l'4{ ZO2 www.sbemp.com PRb1i G "rrW WW rrEM NO. Z14 Anthony J. Mejia, MMC Flinn Fagg, AICP CITY OF PALM SPRINGS October 29, 2021 Page 2 which unilaterally deemed itself to be a "youth center." In reality, CK Dance is a private dance studio and not a "youth center." However, the City's Planning Commission accepted the dance studio's unilateral determination that it was a "youth center." However, "youth center" is not defined anywhere in the City's planning and building codes. Up until the July 28t' hearing, the City had never taken the position that this dance studio was a "youth center." Indeed, the Staff Report, submitted before the July 281h Planning Commission hearing, did not deem this dance studio a "youth center." The question presented in this appeal, then, is whether the City will allow the last-minute objections of the CK Dance to derail all of the efforts of Applicant to obtain its approval for the Project. Further, will the City permit an arbitrary determination that CK Dance was, and is, a "youth center" (without reference to any objective standards or definition), stand in light of detailed efforts that Applicant has undertaken in connection with this Project which are detailed below. All of the efforts of the Applicant relied upon its objective and reasonable belief that the Project was located where a cannabis facility was permitted and there was no obstacle to it operation. 2. PROJECT HISTORY Applicant's considerable efforts at obtaining approvals for the Project date back over five (5) years to 2016. A. 2016 — No Barriers to Cannabis in the Present Location: Applicant first scouted the City in September 2016 for a cannabis project when it was alerted to the fact that it was open to cannabis -related businesses and had designated cannabis zones including the M-I zones. Based on the City's cannabis friendly natures, Applicant located the building at 888 E. Research Dr, Palm Springs and undertook its own due diligence with respect to that Property including verifying with the City Planning department that nothing was in the area that would prevent Applicant from using the Property for cannabis related businesses. It is important to note here that the CK Dance was operating at this point and no one had ever brandished it then, or up until the July 28, 2021, Planning Commission meeting, a "youth center." Based on the above, then, Applicant ended up purchasing the Property after verifying that there were no businesses that would prevent it from being able to conduct a cannabis related business. B. 2017 — Based on these Assurances, the Property is Purchased: In January 2017, Applicant purchased the Property at 888 E. Research Dr. At the time, the City was still looking out for existing dispensaries, so Applicant tried to create a partnership with a locally owned dispensary. Applicant started designs for the Project and worked with the City to get everything in compliance with their ordinance in February 2017. The first Anthony J. Mejia, MMC Flinn Fagg, AICP CITY OF PALM SPRINGS October 29, 2021 Page 3 plans for the Project were submitted by Joel Brown, under the name of Joy of Life Wellness Center, around April 2017 to the City for review. The Applicant went back and forth several times with the City through the end of 2017, to bring everything up to date and make sure all requirements of the City were satisfied. C. 2018 — Applicant Submits Application: In the first quarter of 2018, Applicant could not reach an agreement on a partnership. The City then opened up more to allow outside business owners to open cannabis related businesses. As a result, Applicant eventually ended up applying for its own dispensary, distribution, cultivation, non-volatile manufacturing and lounge permits from Palm Springs. In September, engineered plans were submitted to the City's building and fire for review by permit staff at the City. On October 2, 2018, the City held a special meeting to discuss the Cannabis permit Applications. On November 6, 2018, the City provided Green Savants with their in-house Odor control documents and requirements. On November 27, 2018, the odor control documents were provided to the City. On December 10, 2018, the City's cannabis permits were received. D. 2019 — CUP and Meeting with Neighbors and Concerns re Odor. In January 2019, Applicant submitted updated facility plans to the City. On February 26, 2019, the plan designs for the Project's front retail area were modified with plan corrections for the lounge area to be State compliant. In or around March or April, Applicant requested building permits and was informed that it had to undergo the CUP process which was had never been mentioned before. Applicant's Conditional Use Permit Application was submitted in April 2019, prior to adoption of the new cannabis ordinance (November 2019) which does not permit cannabis cultivation or Type 6 manufacturing within the M-1-P zone. Therefore, in May 2019, Applicant initiated a public meeting with the residents to hear and address any concerns they had concerning the Project. Applicant also wanted to open a line of communication and introduce itself to affected neighbors to let them know that it wanted to both work with the City and the City's residents so as to be good neighbors. At that meeting, representatives of Applicant spoke to many residents and welcomed any calls, meetings or request for information and gave out personal cell phone numbers for that purpose. Paula Auburn from PSI HOA introduced herself to Applicant and seemed to be the main point of contact for the residents. After meeting with the residents and having a few talks, Applicant was aware of concerns about odor, so it invited the residents to its facility to demonstrate how well constructed the Project's building was, explained the construction plans and undertook a demonstration to show it could control the odors for the Project. Anthony J. Mejia, MMC Flinn Fagg, AICP CITY OF PALM SPRINGS October 29, 2021 Page 4 In the last quarter of 2019, Applicant was refining, and redesigning facility plans and odor control systems to meet with new City requirements from the Odor Consulting Company at that time. E. 2020 — Covid and the City's Ever -Changing Odor Controls: During this year, Applicant worked closed with odor control through the Covid pandemic and throughout the year. When Covid hit, Applicant was at first still trying to coordinate a demonstration for the residents, but due to the pandemic accelerating, all parties decided against the in -person meetings and demonstrations. Applicant received an email from Paula Auburn from PS 1 HOA stating that they felt Applicant did want to be a good neighbor and that as long as Applicant met the City's odor requirements, it would not oppose our business opening at the Property. Even after Applicant had invested a lot of resources with the City in conversation and coordination, plan changes and redesign with the City's existing Odor Consultants, the City then changed Odor Consultants! Applicant then was forced to redo the plans to satisfy the new Odor Consultant's requirements. On May 4, 2020, new odor control requirements were provided to Applicant and extensive changes to the mechanical, electrical, and architectural plans were submitted for review to 15000 Inc., the City's new third- parry odor control consultant. Even after that, the requirements ended up being updated once again and Applicant was, once again, forced to update its Odor Plans due to new requirements from the City's Odor Consultant. F. 2021 — Planning; Commission's Actions On February 22, 2021, the Project's odor control plan was approved by the consultants. This approval process took multiple submissions and all new plans while Applicant was still dealing with Covid and the City's consultants experienced a horrible fire near their office. On July 28, 2021, the Planning Commission considered the Project. CK Dance objected to the Project on the basis that it was a "youth center." As a result, the Planning Commission determined that it was unable to make necessary findings for approval. Specifically, in response to required finding "a." of Palm Springs Zoning Code (PSZC) Section 94.02.00(B)(6), the Commission determined as follows: Required Finding: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. Anthony J. Mejia, MMC Flinn Fagg, AICP CITY OF PALM SPRINGS October 29, 2021 Page 5 Commission Determination: There is an existing dance studio offering classes to youth at 820 E. Research Drive, a property that is approximately 175 feet from the project site. This studio is considered a youth center. Based on the Special Standards for Cannabis Uses, PSZC Section 93.23.15, the proposed facility violates the minimum separation requirements of 600 feet for siting a cannabis use(s) to a protected use, including the youth center. Therefore, the use applied for at the location set forth in the application is not properly one for which a conditional use permit may be authorized by the zoning code. As a result, the Planning Commission voted 6-0 to deny the subject application as required by PSZC Section 94.02.00. In accordance with Section 2.05.040 of the Palm Springs Municipal Code, Applicant timely appealed the decision of the Planning Commission to the City Council 3. THE PROJECT Applicant, as part of the Project, has requested a Conditional Use Permit (CUP) application to allow the operation of a cannabis facility involving Type 6 manufacturing and Type IA cultivation within an existing 19,192-square foot building located on a 1.3-acre parcel. A lounge, retail dispensary, and distribution operation are also proposed within the building, but do not require the issuance of a CUP for these uses under the applicable cannabis ordinance at the time of application submittal (Ordinance #1987). The Project's cultivation operation will have a canopy grow area which will include space for grow, cut, clone and geminate plants producing flower for wholesale distribution and sale within the on -site dispensary. The manufacturing process will involve a non-volatile (Type 6) operation that consists of an extraction device, Delta Separations Centrifuge Utility Platform (15-pound capacity), that combines closed loop, alcohol extraction with mechanical centrifugation. The Applicant will make minor site improvements and extensive interior improvements. The exterior improvements involve sealing of roll -up doors to match the adjacent wall, a new perimeter wall (where missing), and additional site lighting and mechanical equipment. Interior renovations involve complete remodel for the establishment of the proposed operation and to contain cannabis related odors. Local Meetings and Notices Re Proiect The Applicant has been very sensitive to neighbor concerns regarding the Project. To that end, it has held the following meetings and provided the following notices: May 169 2019 1 The applicant hosted a neighborhood meeting within a meeting room at 1300 E. Tahquitz Canyon Way. A total of 17 attendees were present. Anthony J. Mejia, MMC Flinn Fagg, AICP CITY OF PALM SPRINGS October 29, 2021 Page 6 July 15, 2021 Notice of public hearing mailed to addresses within 500-feet of the site, notifying that the subject application would be considered by the Planning Commission at a public hearing on July 28, 2021. The public hearing notice was emailed to Neighborhood Organizations within one mile of the Project site. July 17, 2021 Notice of public hearing published in the local newspaper. Thereafter, although not required to do so, Applicant has conducted the following outreach meetings: October 21, Two (2) hour long community informational "Let's Talk" meeting at the 2021 Project site for interested parties re (1) development; (2) cannabis; and (3) safety issues. October 28, Two (2) hour long community informational meeting at the Project site for 2021 interested parties re (1) development; (2) cannabis; and (3) safety issues. 4. CK DANCE AND THE WRONFUL DENIAL OF THE PROJECT. The CK Dance is the reason that the Project has not been approved. CK Dance is located at 820 E. Research Drive, #10, Palm Springs, CA 92262. CK Dance's recent communication to the City indicated that they have dance students and have classes that are scheduled 4:00 p.m. - 8:30 p.m., Monday through Thursday. The CK Dance's concern vis-a-vis the Project was vocalized in their recent communication to the City. That concern is that "someone who has been at the lounge could leave the facility intoxicated and I would hate to see any accidents happen in that area, especially near the dance studio." However, as pointed out CK Dance will not be open on Fridays and on weekends. The location of Applicant, as well as CK Dance, are located near Palm Springs Airport. It is interesting to note here that the Palm Springs Airport Master Plan (from the Palm Springs General Plan) was developed to evaluate future airport facility's needs, both existing and future, and to develop an airport development plan concept, which could include long-term land acquisition needs related to airport expansion. Pursuant to one of the goals espoused in the Airport Master Plan is Goal LU11.2, which states as follow: "LU11.2 Discourage sensitive uses such as schools, hospitals, daycare facilities, or new residential development from locating in close proximity to the airport. " Thus, the City's own General Plan seems to discourage these types of youth -based facilities from locating near the Airport. Thus, it would seem that this area is ideal for cannabis -related facilities are permitted there and school and daycare facilities are discourage from being located there. Anthony J. Mejia, MMC Flinn Fagg, AICP CITY OF PALM SPRINGS October 29, 2021 Page 7 Taken together with reassurance from the City that there was no impediment to the location of the Project in its present location, Applicant was rightfully persuaded that there was no obstacle to approval of the Project at the July 28t" Planning Commission hearing since it had satisfied all of the City's requirements. Despite that fact, the Planning Commission denied the Project. The Planning Commissions' reasoning for rejection of the Project was based entirely on its determination that the CK Dance is a "youth center'." However, as pointed out above, there is no discernable definition of what a "youth center" in the Palm Springs Municipal Code. So, is it fair to say to an Applicant, on the 1 Ith hour of a Project's consideration, that City then determines that the dance studio is a "youth center" when it never received that determination before? The answer is, of course, that is not fair. It is not fair for an Applicant to invest years and years, and untold amount of capital to invest in a project only to be told, at the very end of the consideration of that project, that it cannot build that project next to a dance studio that has been located there all along since it is now deemed to be a "youth center." The City's Planning Commission's decision cannot stand. It is not fair for the Planning Commission to have determined that the CK Dance is a "youth center" when there is no such definition of one in the City's own municipal code and the City Staff had actually opined differently. See, e.g., this is from the City's own Staff Report, at p. 5 of 9, submitted in connection with the City Planning Commission's action of July 28, 2021 There is a dance studio occupying a tenant space at 820 Research Drive, which is on a site that is located 175 feet from its property line to the project site's property line. However, there are no schools, public playground, and public parks or youth centers located within 600 feet of the subject site. Thus, City Staff was unequivocal: There is no youth center within 600 feet of the Project. t Section 93.23.15(C)(4)(c) of the Palm Springs Zoning Code (PSZC) states the following. "Notwithstanding any other verbiage in this in this Subsection 93.23.15(C), unless modified by the City Council as described above, a minimum six hundred (600') feet separation distance shall be required between any Medical Cannabis Facility or Adult Use Cannabis Facility and any a. School, b. Public playground, c. Public park, d. Day care/child care center, or e. Youth center." Anthony J. Mejia, MMC Flinn Fagg, AICP CITY OF PALM SPRINGS October 29, 2021 Page 8 This is, of course, the position that the City had taken all along in connection with the Project. Applicant undertook due diligence in connection with the Project and was assured by the City that there was no barrier to their cannabis project in the area. It was based on those representations that Applicant purchased the Property an invested years and untold resources in the present location. It is not only unfair for the City now to determine that the CK Dance is a "youth center" but it violates elementary precepts of Due Process as discussed below. A "youth center", in the common parlance is thought to be something like a Boys and Girl Club, e.g. The use of this term for the CK Dance Studio should not stand. Otherwise, anytime a business has youthful customers of any sort then it would be deemed to be a "youth center." There are other instances where "youth center" is defined in municipal codes. For example, for a similar municipality, the City can look to the City of Alameda which allows for cannabis. Alameda Municipal Code Section 6-59.3 Defines what is a "youth center" as follows: "Youth Centers" means any public or private facility that is exclusively used to host recreational or social activities for minors (under 18 years of age), such as, private youth membership organizations or clubs, social service teenage club facilities, or amusement facilities. "Youth Centers" does not include any building, location, or facility where any programs, activities, or services: (a) are offered at private residences, (b) involve martial arts/combat sports, cultural or similar education, or physical fitness, or (c) are offered for fewer than five (5) hours per day each day the building, location, or facility is open. Notwithstanding the foregoing, Youth Centers shall also mean any facility determined by the Alameda Recreation and Parks Department to be a recreation center in a City park. Also, see, California Health & Saf. Code, § 11353.1(e)(2): (2) "Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. Nothing contained in the above would grant the broad definition of "youth center" that CK Dance sought and that the Planning Commission applied in this matter. The interpretation that CK Dance is a "youth center" is far too expansive and is not fair in this setting. Moreover, there are other reasons that mitigate against the concerns that CK Dance has voiced concerned regarding the project. In their most recent communication to the City, CK Dance voiced only one concern: "someone who has been at the lounge could leave the facility intoxicated and I would hate to see any accidents happen in that area, especially near the dance studio..." However, an overview of the locations of the Project and CK Dance make it clear that the Project and CK Dance are not next to one another. Indeed, there is a whole large, multiple office building that Anthony J. Mejia, MMC Flinn Fagg, AICP CITY OF PALM SPRINGS October 29, 2021 Page 9 stands between the Project and CK Dance. Thus, the concern of CK Dance is entirely out of keeping with the physical layout of the two separate locations. There is no reason whatsoever why anyone driving from the Project would be driving in front CK Dance. Since, CK Dance's only concern seems to be with reference to the consumption of cannabis, Applicant remains flexible on the issue of its cannabis lounge. CK Dance's concerns about intoxicated patrons from the Project are invalid for a couple of other reasons. First there are no children walking around this area. This makes sense, there would be no reason for children to be walking around a corporate park. Moreover, CK Dance confirms this fact. The dance studio's own rules state that the students have to be dropped off and picked up at the front and they don't allow them to hang around even in the lobby. These rules are even posted on their door. Anthony J. Mejia, MMC Flinn Fagg, AICP CITY OF PALM SPRINGS October 29, 2021 Page 10 5. VIOLATIONS OF DUE PROCESS The City's decision to deny Applicant's Project based on the assertion that the CK Dance is a "youth center" was a fundamental violation of Applicant's due process rights. As pointed out above, the City provided no guidance what a "youth center" was to the Applicant and pointedly said that there was no "youth center" near the Project. Thereafter, the Planning Commission unilateral and arbitrary determination that CK Dance was a "youth center" abrogated, in an instance, all of the work and resources that that had predated that decision. That arbitrary decision violated Applicant's fundamental rights. The United States Constitution provides that no state shall deprive any person of life, liberty, or property without due process of law. US Const amend XIV, § 1 and Cal. Const., Art. 1, §7. The due process clause applies to state agency decision making and is the foundational requirement of fair state agency administrative adjudication. See the seminal decision of Goldberg v Kelly (1970) 397 US 254, 90 S Ct 1011. "The Federal Due Process Clause imposes constraints on governmental decisions that deprive individuals of `liberty' or `property' interests within the meaning of the Due Process Clause of the Fifth and Fourteenth Amendments." Mathews v. Eldridge (1976) 424 US 319, 331. The California Constitution's due process safeguards are found in Article 1 §7. California due process includes a liberty interest in "freedom from arbitrary adjudicative procedures." People v. Ramirez (1979) 25 Cal.3d 260, 268-69; accord Saleeby v. State Bar of California, (1985) 39 Cal.3d 547, 563-64. Adequate notice is an essential element of due process. Notice is necessary to give the party a chance to defend charges: (1) before property interests are disturbed; (2) before assessments or penalties are imposed; or (3) when a penalty or forfeiture might be suffered for the failure to act. People v. Swink (1984) 150 Cal.App.3d 1076, 1079. Under general principles of due process, notice must be of a type reasonably calculated to give the person with the property interest knowledge of the proceedings. 2 Witkin, California Procedure, Jurisdiction Section 263 (5th ed. 2008). Here, the Applicant had never been provided adequate notice of what the City deems a "youth center." Rather, Applicant had been assured that there were no such impediment to the approval of its Project. In sum, then, Due Process imposes procedural constraints on a governmental decision that may deprive an individual of a property interest within the meaning of the Due Process clause of the Fifth and Fourteenth Amendments, and likewise the California Constitution. A further constraint on the power of local authority's powers regarding land use decisions is that their action can be overturned, upon judicial review, for actions that are deemed to be arbitrary, capricious and lacking evidentiary support. See, Federation of Hillside & Canyon Ass'ns (2004) 126 Ca1.App.4th 1180, 1195; Las Virgenes Homeowners Fed'n v. County of Los Angeles (1986) 1177 Cal.App.3d 300, 305. Anthony J. Mejia, MMC Flinn Fagg, AICP CITY OF PALM SPRINGS October 29, 2021 Page 11 Here, Applicant was deprived of a tangible property interest, i.e., the Project, without proper notice or the opportunity to defend itself since the City adopted a determination of a "youth center" that had not, heretofore, even been provided to Applicant. CONCLUSION. Applicant invested in its Property and the Project over years with the reasonable expectations it would have that Project approved as long as it did everything required of it by the City. Applicant did so and was still denied the Project. That denial was fundamentally unfair to Applicant. It was without notice to it and was based on the last-minute determination that CK Dance was a "youth center." It is not. In any event, all of the concerns of CK Dance have been allayed and Applicant stands ready and will to undertake additional measure to satisfy the concerns of the City Council on any of the remaining issues. Based on the forgoing, the Applicant respectfully requests that the City Council grant the Applicant's Appeal and approve the Project. Sincerely, SBEMP LLP ce T. Bauer, Esq. cc: David A. Newel, AICP, MPA, Assistant Director of Planning