HomeMy WebLinkAbout24728RESOLUTION NO. 24728
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/
LOUNGE LOCATED AT 2500 NORTH PALM CANYON
DRIVE (CASE 7.1592 AMM).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. SB New Heights, LLC, (DBA The Row House), has filed an Administrative Minor
Modification (AMM) request pursuant to Section 93.23.15(C)(2) of the Palm Springs
Zoning Code, seeking relief from the minimum separation distance requirement of three -
thousand (3,000) feet from cannabis facilities for the subject site located at 2500 North
Palm Canyon Drive, APN 504-074-009 (Case 7.1592 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 and three -thousand (3,000) 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. On November 6, 2019, the City Council reviewed the distance waiver request and
referred the project to the Architectural Advisory Committee to review proposed site
signage and any needed exterior changes to the building associated with the addition of
an elevator to access the second floor.
E. On January 21, and February 18, 2020, the Architectural Advisory Committee
reviewed the proposed signage and approved two (2) signs at 6.28-square feet each and
the frosting of windows facing the street and recommend approval to the City Council.
F. 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).
G. 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:
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a. The requested minor modification is consistent with the General Plan, applicable
specific plan(s) and overall objectives of the zoning ordinance.
The proposed commercial use is consistent with the General Plan land use
designation, and there are no specific plans in place relative to the subject
property. The separation waiver application is permissible under PSZC Section
93.23.15.
b. The neighboring properties will not be adversely affected as a result of the approval
or conditional approval of the minor modification.
The proposed use will have minimal impact to the commercially -zoned properties
that are located to the east, south and west of the site. The proposed uses will not
impact residential properties to the north, due to the landscape area that separates
the commercial parcel from the residential properties.
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, and
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.
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 will not result in a concentration of cannabis facilities
within the same block or across the street from the proposed use; the use is
appropriate based on the location of existing improvements and development
patterns.
H. Section 93.23.15(F)(6) provides specific findings that must be met before the City
Council can approve a cannabis lounge. The findings are as follows:
1. Separate Premises. Cannabis Lounges shall be located on a separate parcel or
within a separate tenant space that is segregated and apart from any other use. A
cannabis lounge facility shall have a dedicated entrance and shall have no internal
connection or passage to any other tenant space or use, with the exception of a
Cannabis Dispensary that serves the Cannabis Lounge use.
The cannabis lounge will be located on the first floor and will be connected to the
retail dispensary. Separate restrooms will be provided for lounge users. A new
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elevator is being installed inside an existing stairwell that will provide ADA
accessibility to the staff offices and storage areas on the second floor. There are
no other connections between the dispensary/lounge to other tenants within the
shopping center.
2. Sale of Cannabis and Cannabis Products/Goods. Cannabis and Cannabis
products/goods may be sold on the premise of a Cannabis Lounges, subject to the
requirement set forth in Chapter 5.55 or other applicable provisions of this Code.
Chapter 5.55 of the Palm Springs Municipal Code regulates the cultivation,
manufacturing, processing, testing, transportation, distribution, and adult use of
cannabis goods and products in a manner that protects the health, safety, and
welfare of the residents of the City. The proposed cannabis dispensary/lounge will
be incompliance with Chapter 5.55.
3. Alcohol and Tobacco Products. The sale or consumption of alcohol or tobacco
products is not allowed on premises.
Alcohol and tobacco products are not proposed to be sold on premise and the
operation will comply with this regulation.
4. Visibility. The smoking, inhalation, consumption, or ingestion of cannabis or
cannabis goods shall not be visible from any public place or any area where minors
may be present. The Cannabis Lounge shall be located within a completely
enclosed building.
The cannabis lounge will be located on the first floor with ingress/egress from an
internal doorway connecting to the retail dispensary. Activities within the lounge
will not be visible from the street or parking lot. Minors will not be permitted to
enter the premise and the finding can be met.
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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 7.1592 MAA, granting relief from the three thousand (3,000) foot separation
distance requirement between cannabis facilities, subject to the conditions of approval
attached as Exhibit A.
ADOPTED THIS 27th DAY OF FEBRUARY 2020.
David H. Ready, City Manage?' —
ATTEST:
A ftny J.
City Clerk
Resolution No. 24728
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. 24728 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 the 27th day of February
2020, by the following vote:
AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and
Mayor Kors
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 2-n0 day of A _z_U
thony J. M jia,
City Clerk
Resolution No. 24728
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EXHIBIT A
Case 7.1592 AMM
SB New Heights, LLC (DBA The Row House) — 2500 North Palm Canyon Drive
February 27, 2020
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the Director of Planning Services, the Director of Building and Safety, or the
Director of Community and Economic Development, 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 7.1592
AMM, except as modified by the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, on file in the Planning Division, except as
modified by the conditions below.
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
7.1592 AMM. 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
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
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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. Grounds for Revocation. Non-compliance with any of the conditions of this
approval or with City codes and ordinances may result in proceedings to revoke
the approval. In addition, violations of the City Codes and Ordinances will result
in enforcement actions which may include citations, arrest, temporary business
closure, or revocation of this permit in accordance with law.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Air Filtration. The applicant shall provide adequate air filtration so as 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 2. Odor Prevention. The facility shall be required to utilize odor prevention
devices and techniques in accordance with PSMC Chapter 5.55 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 the administrative cannabis permit
associated with this use.
PLN 3. Odor Mitigation Consultant. The applicant shall pay for a consultant hired by
the City to review odor mitigation plans and review mechanical systems
proposed within cultivation facilities as part of the building plan check process.
PLN 4. Recommendations of Consultant.
implement all recommendations
Certificate of Occupancy.
CITY COUNCIL IMPOSED CONDITION:
The applicant shall be required to
of City's Consultant prior to issuance of
CC 1. Window Treatment. Wall to be constructed behind windows facing North Palm
Canyon Drive to display art. Details of wall and art to be approved by Staff.
END OF CONDITIONS