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HomeMy WebLinkAbout24865RESOLUTION NO. 24865 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 AND A MINOR ARCHITECTURAL APPLICATION FOR THE EXTERIOR MODIFICATIONS TO A CANNABIS DISPENSARY (MASSFLORA, LLC) PROPOSED AT 577 EAST SUNNY DUNES ROAD (CASE NOS. 7.1609 AMM AND 3.2967 MAA). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Massflora, LLC has filed an Administrative Minor Modification (AMM) request pursuant to Section 93.23.15(C)(1) of the Palm Springs Zoning Code, seeking relief from the minimum separation distance requirements of five -hundred (500) feet for the subject site located at 577 East Sunny Dunes Road, APN 508-163-003 (Case 7.1609 AMM). B. Palm Springs Zoning Code (PSZC) Section 93.23.15(C) provides specific guidelines regarding separation between two uses as measured in a straight line, without regard to intervening structures, from the nearest property line of the property on which the cannabis facility is located to other cannabis dispensary/lounges within five -hundred (500) feet. C. PSZC Section 93.23.15(C) allows the City Council to exercise discretion in applying the PSZC relative to separation distances on a case -by -case basis with modifications considered and granted by the Council if proper findings can be made for an Administrative Minor Modification (AMM). D. Section 94.06.01(B)(2) of the PSZC provides specific findings that must be met before the City Council can grant an Administrative Minor Modification. The findings are as follows: 1. The requested minor modification is consistent with the General Plan, applicable specific plan(s) and overall objectives of the zoning ordinance. The subject parcel is designated MU (Mixed Use) by the City of Palm Springs General Plan, which allows for a variety of community -serving retail commercial, professional offices, service businesses, restaurants, public and quasi -public uses. The proposed dispensary is consistent with the General Plan designation. The C- M (Commerical/Manufacturing) zone district allows the dispensary use by right, and the use is therefore consistent with zoning requirements. However, the zoning code requires that dispensary/lounge facilities be a minimum of 500 feet from any other dispensary/lounge facility, unless a waiver is otherwise approved by City Council. Approval of this waiver application will allow the use as proposed. Resolution No. 24865 Page 2 2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification. The proposed cannabis dispensary will have operating hours that is similar to other businesses in the surrounding area. Businesses in the immediate area consist primarily of retail uses, with an existing bar and bakery located across East Sunny Dunes Road. The proposed cannabis facility should not adversely affect neighboring properties, provided the applicant adheres to the operating procedures specified in PSMC Chapter 5.55 for cannabis uses. 3. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity. As part of the cannabis regulatory permit process, the applicant has submitted an odor control plan for review by the Department of Special Program Compliance. Adherence to the City's odor cotnrol regulations and other operating procedures as contained in PSMC Chapter 5.55 should reduce immediate impacts to adjacent uses and therefore should not be dtrimental to the health, safety or general welfare of persons working in the surrounding area. 4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. There are no features unique to the site in terms of the parcel size, orientation, topography, or other site features; the project location is an existing legally - permitted building. E. Resolution 24799 provides the following optional five (5) criteria in evaluating cannabis facility distance separation waiver applications stated below: a) The proposed use will be located in an existing building that is blighted; The proposed use is located within a building which exhibits signs of blight, as defined in PSMC Chapter 8.80 (Vacant Buildings; Blighted Property). b) The proposed use will be located in an existing commercial tenant space that has been vacant for an extended period of time or has a demonstrated history of being difficult to lease for commercial uses; The proposed use will be located in an existing commercial tenant space that was recently vacated by a retail business, Bones and Scones. THe retail business operated from the tenant space between 1999 and 2020. Per the applicant, the building is currently vacant, and Bones and Scones has relocated. The building facing Sunny Dunes does not have a demonstrated Resolution No. 24865 Page 3 history of being difficult to lease for commercial uses; however, the building at the rear of the property has proved difficult to lease, as it has five (5) tenant spaces which have been vacant for a number of years. c) Approval of the proposed use will not result in the same type of cannabis use along the same block frontage where the use is proposed to be located, Approval of the proposed use will result in the same type of cannabis use along the same street frontage; however, the nearest dispensary (JMEndeavors) is not on the same block. JMEndeavors Inc is located on the north side of East Sunny Dunes Road, and the proposed facility will be located on the south. High End LLC is located on a different street from Massflora, and is not visible or easily accessible to the proposed dispensary. d) The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations, and business hours, - The project site is located along East Sunny Dunes Road, directly across the street from an existing bar, bakery, and a retail store. The proposed facility will be generally harmonious with the business located within the surrounding area. The hours and operations are compatible with existing businesses and adherence to the City's regulations governing cannabis -related businesses will reduce any potential impacts to adjacent businesses. e) The applicant has been qualified as a participant in the City's Cannabis Social Equity Program. The applicant is not a qualified participant in the City's Cannabis Social Equity Program. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council hereby approves Case 7.1609 AMM and Case 3.2967 MAA, which seeks relief from the 500-foot-minimum separation distance requirement between cannabis dispensaries and cannabis lounges and approves the exterior modifications proposed for Massflora, at 577 East Sunny Dunes Road. Resolution No. 24865 Page 4 PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 11T" DAY OF MARCH, 2021. David H. Ready City Manager ATTEST: tho J. Mejia City Cler Resolution No. 24865 Page 5 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. 24865 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 March 11, 2021, by the following vote: AYES: Councilmembers Kors, Woods, Mayor Pro Tern Middleton and Mayor Holstege NOES: None ABSENT: None ABSTAIN: Councilmember Garner IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this Si,` day of 2021. nthon�PaSp�rings,Cafifornia Clerk City of