HomeMy WebLinkAbout24955RESOLUTION NO. 24955
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA UPHOLDING AN APPEAL
BY GREEN SAVANTS, LLC AND OVERTURNING THE
DENIAL DECISION OF THE PLANNING COMMISSION
REGARDING A CONDITIONAL USE PERMIT
APPLICATION (CASE NO. 5.1480 CUP) TO OPERATE A
CANNABIS CULTIVATION AND MANUFACTURING
FACILITY WITHIN AN EXISTING 19,192-SQUARE FOOT
BUILDING LOCATED AT 888 EAST RESEARCH DRIVE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND
AS FOLLOWS:
A. Green Savants, LLC on behalf of DLY Pacific West Hall ("Applicant") has filed a
Conditional Use Permit application (Case 5.1480 CUP) with the City pursuant to Palm
Springs Zoning Code (PSZC) Section 94.02.00 (Conditional Use Permit); for cannabis
facility, including cultivation and manufacturing, located within an existing building at 888
East Research Drive (the "Project").
B. The proposed development associated with the above applications ("Project") is
considered a "project" pursuant to the terms of the California Environmental Quality Act,
Public Resources Code Section 21000 et. seq. ("CEQA").
C. Pursuant to the CEQA Guidelines, California Code of Regulations, Section 15000
et. seq., an Initial Study was prepared. The Initial Study concluded that all of the Project's
potential significant impacts will be less than significant. On this basis, a Negative
Declaration (ND) was prepared.
D. The 20-day public review and comment period for the Negative Declaration
commenced on June 29, 2021 and concluded on July 19, 2021.
E. Notice of public hearing of the Planning Commission of the City of Palm Springs
to consider the Project, including Case No. 5.1480 CUP, was given in accordance with
applicable law for the meeting of July 28, 2021.
F. On July 28, 2021, the Planning Commission held a public hearing on the Project
in accordance with applicable law, and carefully reviewed and considered all of the
evidence presented in connection with the hearing on the Project, and voted 6-0 to deny
the Project application, based on an inability to find criterion "a" of Palm Springs Zoning
Code (PSZC) Section 94.02.00(B)(6).
G. On August 12, 2021, the Applicant filed a timely appeal of the Planning
Commission decision to deny the Project, in accordance with the procedures in Chapter
Resolution No. 24955
Page 2
2.05 of the Palm Springs Municipal Code (PSMC).
H. A notice of a public hearing of the City Council of the City of Palm Springs,
California, to consider an appeal of the Project, including Case No. 5.1480 CUP, was
given in accordance with applicable law for the regular meeting of November 4, 2021.
I. On November 4, 2021, a public hearing of the City Council of the City of Palm
Springs, California, was held in accordance with applicable law.
J. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the public hearing on the project, including but not limited to
the staff report, and all written and oral testimony presented.
K. Pursuant to PSZC Section 94.02.00(B)(6), the City Council shall not approve a
Conditional Use Permit unless it finds the Project consistent with five findings. In response
to each of these required findings, the Council finds as follows:
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.
The proposed cannabis facility will occur within an existing industrial building
totaling 19,192 square feet in size. The location is zoned M-1-P, which permitted
cannabis cultivation and manufacturing facilities with the approval of a Conditional
Use Permit at the time the subject request was submitted to the City. Provisions in
Section 5.55.070(F) of Palm Springs Municipal Code (PSMC) allow for the waiver
of land use and zoning restrictions prior to the change of cannabis regulations
which occurred in 2019. As a prior application request, this CUP application
adheres to the provisions of PSMC Section 5.55.070(F) and under the waiver of
zoning standards. Further, the proposed facility is also not located within 600 feet
of any protected uses, including school, public playground, public park, day care /
childcare center or youth center.
b. That the use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the
general plan and is not detrimental to existing uses or to future uses
specifically permitted in the zone in which the proposed use is to be located.
The General Plan designation of the subject property is IND (Industrial). The
proposed use is consistent with specific uses intended in the Industrial areas which
typically include research and development parks, light manufacturing, and
industrial services. Also, the proposed cannabis facility will not be detrimental to
existing uses or to future uses including residential in the immediate surrounding
if the odor control plan is implemented and maintained and the operation maintains
compliance with Municipal Codes.
C. That the site for the intended use is adequate in size and shape to
Resolution No. 24955
Page 3
C. That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping and other features required in order to adjust such use to those
existing or permitted future uses of land in the neighborhood.
The proposed cannabis related facility will be sited on a fully developed 1.3-acre
parcel. The existing structure was constructed in 1986 and met all development
standards of the zoning designation at that time. In addition, the site is in
conformance with the current development standards in terms of required
setbacks, building height, and parking. All interior improvements will be subject to
current Building and Municipal Code standards. A new perimeter wall will be
installed on the north and south boundaries of the site. The site is adequate in size
to accommodate the proposed cannabis facility.
d. That the site for the proposed use relates to the streets and highways
properly designed and improved to carry the type and quantity of traffic to
be generated by the proposed use.
The subject site is fully developed with access to Research Drive, which is a Local
street improved with two-way access, curb/gutter and sidewalks. The existing
street network surrounding the location is adequate to support the trips generated
by the proposed use. The proposed use will not impact the nearby streets and
highways.
e. That the conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety and general welfare and
may include minor modification of the zone's property development standards.
The conditions imposed as part of this Conditional Use Permit are intended to
minimize odor impacts on the surrounding community. The conditions of approval
have been included to ensure that the facility operates in a manner which protects
the public health, safety, and general welfare. These conditions include
compliance with the City's noise ordinance and other necessary requirements. The
Odor Control Plan has been reviewed and accepted by the City's Consultant; the
plan will assist in mitigating odors from the facility as addressed by the plan.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the findings and determinations reflected above are true and
correct, and are incorporated by this reference herein as the cause and foundation for the
action taken by and through this Resolution.
Resolution No. 24955
Page 4
SECTION 2. Based upon the foregoing, the City Council hereby adopts a Negative
Declaration and approves Conditional Use Permit application, Case No. 5.1480-CUP, for
the improvement and operation of a cannabis cultivation and manufacturing facility within
an existing 19,192-square foot building located at 888 E. Research Drive, subject to the
conditions of approval attached herein as Exhibit A.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 4t" DAY OF NOVEMBER, 2021.
JUSTI LIFTON, VY MANAGER
ATTEST:
ONY J. NEJIA; $#-TY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24955 is a full, true, and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on November 4, 2021, by the
following vote:
AYES:
Councilmembers Kors, Woods, Mayor Pro Tern Middleton
RECUSED:
Mayor Holstege and Councilmember Garner
NOES:
None
ABSENT:
None
ABSTAIN:
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 4 ., , day of ��,ee,.„►� , 2 L, I
AMl ony J. Mejia MMO�--City Clerk
City of Palm Spri gs, California
Resolution No. 24955
Page 5
Exhibit A
Green Savants, LLC
Cannabis Cultivation & Manufacturing Facility
888 East Research Drive
November 4, 2021
CONDITIONS OF APPROVAL, CASE 5.1480 CUP
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of Building
and Safety, the Chief of Police, the Fire Chief or their designee, depending on which
department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case 5.1480
CUP.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped April 21, 2021, including
site plans, architectural elevations, and exterior materials and colors on file in
the Planning Division.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions, and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with the
provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City
of Palm Springs, its agents, officers, and employees from any claim, action, or
proceeding against the City of Palm Springs or its agents, officers or employees
to attach, set aside, void or annul, an approval of the City of Palm Springs, its
legislative body, advisory agencies, or administrative officers concerning Case
5.1480-CUP. The City of Palm Springs will promptly notify the applicant of any
such claim, action, or proceeding against the City of Palm Springs and the
applicant will either undertake defense of the matter and pay the City's
associated legal costs or will advance funds to pay for defense of the matter by
Resolution No. 24955
Page 6
the City Attorney. If the City of Palm Springs fails to promptly notify the applicant
of any such claim, action or proceeding or fails to cooperate fully in the defense,
the applicant shall not, thereafter, be responsible to defend, indemnify, or hold
harmless the City of Palm Springs. Notwithstanding the foregoing, the City
retains the right to settle or abandon the matter without the applicant's consent,
but should it do so, the City shall waive the indemnification herein, except, the
City's decision to settle or abandon a matter following an adverse judgment or
failure to appeal, shall not cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including and
without limitation all structures, sidewalks, bikeways, parking areas, landscape,
irrigation, lighting, signs, walls, and fences between the curb and property line,
including sidewalk or bikeway easement areas that extend onto private
property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the property
owner's sole expense. This condition shall be included in the recorded
covenant agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of the Conditional Use Permit (CUP) shall be
valid for a period of two (2) years from the effective date of the approval.
Extensions of time may be granted by the Planning Commission upon
demonstration of good cause.
Extensions of time may be approved pursuant to Code Section 94.12.00. Such
extension shall be required in writing and received prior to the expiration of the
approval.
ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of
Palm Springs may be appealed in accordance with Municipal Code Chapter
2.05.00. Permits will not be issued until the appeal period has concluded.
ADM 9. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 10. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers (conditional use
permits only)
PLANNING DEPARTMENT CONDITIONS
PLN 1. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00.
Resolution No. 24955
Page 7
PLN 2. Outside Storage Prohibited. No outside storage of any kind shall be permitted
except as approved as a part of the proposed plan.
PLN 3. Licensing. The Applicant shall remain in compliance with Chapter 5.55 of the
City Municipal Code and Section 93.23.15 of the Palm Springs Zoning Code
relative to City licensing regulations for Cannabis Facilities.
PLN 4. Odor Prevention. The Odor Control Plan shall be implemented and maintained
in accordance with the approved plans, date stamped February 22, 2021, on
file in the Planning Division. The facility shall be required to utilize odor
prevention devices and techniques in accordance with PSMC Section
5.55.200, so that cannabis odors are not detectable off -site. Failure to adhere
to this condition may require the applicant to further modify or enhance the odor
prevention systems or may result in the revocation of this Conditional Use
Permit pursuant to PSZC Section 94.02.00.
PLN 5. Recommendations of Consultant. The applicant shall be required to implement
all recommendations of the City's Consultant prior to issuance of Certificate of
Occupancy.
PLN 6. Air Filtration. Air filtration systems in the facility shall be developed, installed,
and maintained in accordance with the approved plans, date stamped February
22, 2021 on file in the Planning Division. The Applicant and any subsequent
operator shall provide adequate air filtration to prevent any detectable odor at
the exterior of the premises. Within twenty-four (24) hours of any complaint
concerning odors emanating from or originating within the facility, the operator
shall respond to the complaint in question, and shall timely file a written
disclosure to the Building Official documenting any and all actions taken and
planned to address the odor complaint. Any failure to timely submit a written
disclosure, a more detailed implementation plan and/or performance schedule
shall be grounds to start the revocation process of the Conditional Use Permit.
PLN 7. Type 1A Cannabis Cultivation. Cannabis cultivation at this facility shall be
limited to a Type 1A License only and to the area shown on the approved floor
plan.
PLN 8. Type 6 Cannabis Manufacturing. Cannabis manufacturing at this facility shall
be limited to a Type 6 License only and to the area shown on the approved
floor plan.
PLN 9. Grounds for Revocation. Non-compliance with any of the conditions of this
approval or with any applicable City, County, and State codes, ordinances,
resolutions and/or laws shall constitute grounds to revoke the Conditional Use
Permit. In addition, such violations may also result in enforcement actions
including citations, arrest and business closure, in accordance with law.
Resolution No. 24955
Page 8
PLN 10. Testing. Cannabis testing by a third party shall be in accordance with the
provisions of Chapter 5.55 of the City of Palm Springs Municipal Code.
PLN 11. Security Plan. The applicant shall be required to comply with the approved
security plan by the City of Palm Springs Police Department in accordance with
PSMC Section 5.55.210.
PLN 12. Changes to Operations. The applicant/operator of the cannabis facility shall be
required to amend the CUP and the Odor Control Plan should there be changes
to the Type 1 B cannabis operations at the facility.
PLN 13. Bicycle Racks. Bicycle racks shall be located at the site in accordance with
PSZC Section 93.06.00 (C)(5).
PLN 14. Inspections. Inspections of mechanical equipment shall be required at one (1)
month, three (3) months, six (6) months and then after the bi-annual basis by
an independent third party chosen by the City, at the applicant's expense.
PLN 15. Shower Facility. The applicant shall be required to provide shower facility at the
site.
PLN 16. Energy Source. The applicant shall be required to receive its power for the
facility from 100% carbon -free power from either Southern California Edison or
Desert Community Energy to reduce project impacts on greenhouse gas
emissions. (Added by City Council on 11/4/21)
PLN 17. Minor Modification Request. In accordance with the requirements of PSZC
Section 93.23.15 and the procedures of PSZC Section 94.06.01, the applicant
shall submit a Minor Modification Application to the Planning Division to request
relief from the minimum separation distance requirements for the proposed
cannabis facility to the nearby dance studio. (Added by City Council on 11/4/21)
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the action
with the County Recorder shall be submitted by the applicant to the City in the
form of a money order or a cashier's check payable to the Riverside County
Clerk prior to the final City action on the project (City Council decision). This
fee shall be submitted by the City to the County Clerk with the Notice of
Determination. Action on this application shall not be final until such fee is paid.
The project may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG at
www.dfg.ca.gov for more information.
Resolution No. 24955
Page 9
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
POL 2. Developer shall include on plans documentation of exterior lighting, cameras
(both interior and exterior), the location of any safe, and alarm panel(s) and/or
panic button(s).
POL 3. The applicant shall maintain compliance with the Security Plan and amicably
work with Palm Springs Police to resolve safety concerns that may arise from
the operation.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Shall comply with the latest adopted edition of the following codes as
applicable:
A. California Building Code
B. California Electrical Code
C. California Mechanical Code
D. California Plumbing Code
E. California Energy Code
F. California Fire Code
G. California Green Building Standards Code
BLD 2. Automatic fire suppression systems shall be installed in all new construction
per Article VI of Chapter 8.04 of the Code of the City of Palm Springs. Design
and type of system shall be based upon the requirements of the Building and
Fire Codes and the requirements of the Palm Springs Fire Department.
BLD 3. The requirements of the Air Quality Management District shall be satisfied prior
to the issuance of any permit if dusts and/or pollutants will be discharged into
the atmosphere.
BLD 4. Any temporary building, trailer, commercial coach, etc. installed and/or used in
connection with a construction project shall comply with City Code.
BLD 5. All perimeter/boundary walls shall be designed and constructed so that the
outer/exterior face of the wall is as close as possible to the lot line. In any case,
the outer/exterior face of the wall shall be within two (2) inches of the lot line.
Distances greater than two (2) inches may be approved prior to construction by
the Building Official on a case -by -case basis for extenuating circumstances.
BLD 6. All signs shall be Underwriters Laboratories approved, or equal.
BLD 7. Permits are required prior to the removal and/or demolition of structures.
Resolution No. 24955
Page 10
BLD 8. All exterior lighting shall be oriented, directed, and/or shielded as much as
possible so that direct illumination does not infringe onto adjoining properties.
PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS
BLD 9. If hazardous substances are used and/or stored, a technical opinion and report,
identifying and developing methods of protection from the hazards presented
by the hazardous materials, may be required. This report shall be prepared by
a qualified person, firm, or corporation and submitted to Building & Safety. This
report shall also explain the proposed facility's intended methods of operation
and list all the proposed materials, their quantities, classifications, and the
effects of any chemical (material) inter -mixing in the event of an accident or
spill.
FIRE DEPARTMENT CONDITIONS. -
FIR 1. These Fire Department conditions may not provide all requirements.
Owner/developer is responsible for all applicable state and locally adopted fire
codes. Detailed plans are still required for review. Conditions are subject to
final plan check and review.
FIR 2. Fire Department Conditions were based on the 2019 California Fire Code as
adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD
Appendix "O" Development Requirements and latest adopted NFPA
Standards. Three (3) complete sets of plans for fire sprinkler/alarm systems
must be submitted prior to a building permit being released.
FIR 3. Conditions of Approval — "Conditions of Approval" received from the Palm
Springs Planning Department must be submitted with each plan set. Failure to
submit will result in a delay of plan approval.
FIR 4. Plans and Permits (CFC 105.1):
Permits and scaled drawings are required for this project. Plan reviews can
take up to 20 working days. Submit a minimum of three (3) sets of drawings for
review. Upon approval, the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM — 6:00 PM, Monday — Thursday
Resolution No. 24955
Page 11
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. These fees are established by Resolution of the Palm Springs City
Council.
Complete listings and manufacturer's technical data sheets for all system
materials shall be included with plan submittals. All system materials shall be
UL listed or FM approved for fire protection service and approved by the Fire
Prevention Bureau prior to installation.
Plans shall include all necessary engineering features, including all hydraulic
reference nodes, pipe lengths and pipe diameters as required by the
appropriate codes and standards. Plans and supporting data, (calculations and
manufacturers technical data sheets) including fire flow data, shall be submitted
with each plan submittal. Complete and accurate legends for all symbols and
abbreviations shall be provided on the plans.
FIR 5. Extractions Wor CO2 Enrichments: Both operations require a separate permit,
plan review, and fees. Please add this to the deferred submittal section on your
title page.
FIR 6. Access During Construction (CFC 503): Access for firefighting equipment shall
be provided to the immediate job site at the start of construction and maintained
until all construction is complete. Fire apparatus access roads shall have an
unobstructed width of not less than 24 feet and an unobstructed vertical
clearance of not less than 13'-6". Fire Department access roads shall have an
all-weather driving surface and support a minimum weight of 73,000 lbs.
FIR 7. Required access (CFC 504.1): Exterior doors and openings required by this
code or the California Building Code shall be maintained readily accessible for
emergency access by the fire department. An approved access walkway
leading from fire apparatus access roads to exterior openings shall be provided
when required by the fire code official.
FIR 8. Key Box Required to be Installed (CFC 506.1): Where access to or within a
structure or an area is restricted because of secured openings or where
immediate access is necessary for lifesaving or fire -fighting purposes, the fire
code official is authorized to require a key box to be installed in an approved
location. The key box shall be flush mount type and shall contain keys to gain
necessary access as required by the fire code official.
Secured emergency access gates serving apartment, town home or
condominium complex courtyards must provide a key box in addition to
association or facility locks. The nominal height of Knox lock box installations
shall be 5 feet above grade. Location and installation of Knox key boxes must
be approved by the fire code official.
Resolution No. 24955
Page 12
FIR 9. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all
areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms,
mechanical rooms, elevator rooms, elevator controls, plus a card containing
the emergency contact people and phone numbers for the building/complex.
FIR 10. Exit Analysis: Provide an exit analysis plan prepared and stamped by a state
licensed Architect. Shall provide the occupant loads, aisle widths, required
egress width to accommodate occupant load, illuminated exit sign locations,
compliant door hardware, locations of fire extinguishers, travel distances,
stairway widths, etc.
FIR 11. Building Construction: Based on how much ethanol is used for extraction, this
may be considered a type H occupancy classification. Please work with your
Architect to determine the construction requirements, if the case. A C1 D1 or
C1 D2 room may be required for your extraction based on the quantity of
ethanol being used and stored on -site. Provide a chemical classification packet
when you submit your architectural TI plans and extraction plans.
END OF CONDITIONS