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HomeMy WebLinkAbout24953RESOLUTION NO. 24953 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, GRANTING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A CANNABIS DISPENSARY LOCATED AT 1251 MONTALVO WAY, UNIT L (CASE 7.1641 AMM). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND AS FOLLOWS: A. Exotic Extractions LLC (dba: Exotic Extractions), 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 from cannabis facilities for the subject site located at 1251 Montalvo Way, Unit L, APN 677-451-003 (Case 7.1641 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. The proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA") and has been determined to be categorically exempt pursuant to Section 15301(a) of the CEQA Guidelines (Class 1, Existing Structures). E. 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: a. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance. There is no General Plan Policy that would be adversely affected by this modification nor are there any specific plans associated with this property. The Palm Springs Zoning Code (PSZC), Section 94.06.01(B)(2)(a-d) specifically allows for distance waiver requests and the finding has been met. Resolution No.24853 Page 2 b. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification. The PSZC requires that a cannabis delivery service be associated with an approved cannabis dispensary. The inteded cannabis delivery service will operate in a 250-square foot internal space and will not be open to the general public nor offer walk-in serves and will have minimal impact to the commercially -zoned properties within 1251 Montalvo Way and other business located to the east, south and north of the site. There are no residential properties in the immdiate area that would be adversley affected as a result of the distance waiver being that the dispensary is in name only and will not be open to the public. c. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity. The proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity as any potential impacts are adequately addressed in the Conditions of Approval. The deliveries will offer a service to nonmobile individuals providing medical and recreational cannabis. d. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. Approval of the proposed use as a delivery service located within a dispensary in name only not open to the general public will not result in a concentration of cannabis facilities within the same building; the delivery business will provide a service to medical and recreational patrons that may not have the mobility to visit a fixed dispensary location. F. Pursuant to Resolution No. 24799, the City Council may also consider the following optional criteria in reviewing the distance waiver request: a. The proposed use will be located in an existing building that is blighted. The tenant suite is located within a building which exhibits no signs of blight defined in Palm Springs Municipal Code Chapter 8.80 (Vacant Buildings; Blighted Property). b. The proposed use will be located in an existing commercial tenant space that has been vacant for an extended period of time or has a demonstrated history of being difficult to lease for commercial uses. The tenant space is in a larger 38,400-square foot building with nine (9) individual tenant spaces that have received various approvals for cannabis operations. The Resolution No.24853 Page 3 subject space, Unit L is currently operating as a transportation/distribution business that only occupies a portion of the 3,000-square feet tenant space. The warehouse building has remained at a low occupancy rate even with the approvals of several cannabis licenses. The distance waiver to permit delivery will allow existing business to offer an additional service. c. Approval of the proposed use will not result in the same type of cannabis use along the same block frontage where the use is proposed to be located. If approved, the proposed cannabis dispensary for delivery purposes will be located approximately 90 feet away from an approved cannabis facility (Higher Vision) which is permitted to operate a dispensary and a lounge. Both businesses will be located within the same building and be considered the same block frontage, however they will not operate as the same type of cannabis business. d. The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations, and business hours. The proposed cannabis dispensary will be located within a light industrial park with similar low impact warehouse and commercial uses in the immediate area. The subject building contains a total of nine (9) tenant spaces which have all been approved for various cannabis license types. The use of Unit L as a dispensary will be harmonious with other businesses within the immediate building with each business offering its own unique service and products. Therefore, the proposed cannabis dispensary and delivery will not create economic competition or conflict for the adjacent businesses. The owner intends to operate the business in accordance with State law which permits hours of 6 AM to 10 PM seven (7) days a week. e. The applicant has been qualified as a participant in the City's Cannabis Social Equity Program. The Cannabis Social Equity Program is for individuals who qualify for the Equity Ownership program meeting certain criteria making the business owner eligible to receive funds to waive City fees related to the cannabis licensing process. The applicant does not meet these criteria. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE 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 grants Case 7.1641 MAA. Resolution No.24853 Page 4 PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 28t" DAY OF OCTOBER, 2021. \Y� 011� JUSTI - LIFTON, Cl*MANAGER ATTEST: 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. 24953 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 October 28, 2021, by the following vote: AYES: Councilmembers Garner, Kors, Woods, Mayor Pro Tern Middleton, and Mayor Holstege 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 - day of t3oye.vwloL-z , Anthony J. Mpjia`i ;sty Clerk City of Palm prings, California