HomeMy WebLinkAbout24779RESOLUTION NO. 24779
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 FOR A CANNABIS DISPENSARY
LOCATED AT 562 SOUTH INDIAN CANYON DRIVE (CASE
7.1601 AMM).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Global Go, LLC (Calibliss, 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 and three -thousand (3,000) feet from cannabis facilities for the subject site located
at 562 South Indian Canyon Drive, APN 508-121-004 (Case 7.1601 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.
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.
Resolution No. 24779
Page 2
The proposed use will have minimal impact to the commercially -zoned
properties that are located immediately adjacent to the subject site, and
adherence the code requirements specified in PSMC Chapter 5.55 will
further assist in reducing impacts to adjacent uses.
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 as the applicant has provided a security plan and odor control plan
which address potential health and safety concerns.
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.
The existing tenant space has been vacant for an extended period of time
due to the physical distance of the site from primary commercial areas, and
approval of this waiver will provide an active commercial use which will
invigorate and support adjacent properties. Due to the development
patterns of the limited commercial district where the site is located, there
will not be an overconcentration of cannabis -related uses in the immediate
area.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES 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. Based upon the foregoing, the City Council
hereby approves Case 7.1601 MAA.
SECTION 2. The applicant shall be required to provide protections to ensure that
the existing tenants will not be evicted without cause, and that any increases in rent shall
not exceed the annual Consumer Price Index. Proof of the tenant protection provisions
shall be provided to the Development Services Department prior to the issuance of a
Certificate of Occupancy for the subject business.
Resolution No. 24779
Page 3
SECTION 3. The applicant shall be required to provide enhanced building fagade
improvements to the first and second floors of the subject building. The enhanced
improvements shall be reviewed upon submittal of an Architectural Review application as
required by PSZC Section 93.23.15(F).
ADOPTED THIS 30th DAY OF JUNE, 2020.
ATTk ST:
ony J.
Clerk
David H. Ready
City Manager
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. 24779 is a full, true and correct copy, and was duly adopted at an adjourned regular
meeting of the City Council of the City of Palm Springs on June 30, 2020, by the following
vote:
AYES: Councilmember Woods, Mayor Pro Tern Holstege, and Mayor Kors
NOES: Councilmembers Garner and Middleton
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 'I-44 day of /ate 2pa)
nthony J. ,City Clerk
City of Pal Springs, California