HomeMy WebLinkAbout24789RESOLUTION NO. 24789
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 315 NORTH INDIAN CANYON DRIVE
(CASE 7.1604 AMM).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Community Development LLC (dba: CO-DVLP Dispensary), 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 315 North Indian Canyon Drive, APN 513-081-011 (Case 7.1604 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 violated by this modification nor are
there any specific plans associated with this property. The requested modification
is consistent with the overall objectives of the zoning ordinance in that Palm
Springs Zoning Code (PSZC) Section 94.06.01(B)(2) (a-d) specifically allows for
distance waiver requests by the Council upon making certain findings. This finding
can be met.
Resolution No. 24789
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 request to allow a cannabis dispensary within the required separation distance
of five hundred (500) feet will not be considered as an over -concentration of
cannabis facilities within the immediate vicinity and will not have an adverse impact
to other retail and restaurant uses in the area. The cannabis use will be fronting
North Indian Canyon Drive, which is considered a Major Thoroughfare, and there
are no other dispensaries along the street frontage in the immediate vicinity. The
granting of the distance waiver request will not be considered as a cluster of
cannabis businesses, and therefore this finding can be met.
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
As noted in finding (b) above, this request will not add to an over -concentration of
cannabis facilities within the immediate vicinity within the larger block. The nearest
dispensary is located a block away fronting on North Palm Canyon Drive. The
immediate area has not experienced an increase in crime as a result of existing
cannabis businesses per the Palm Springs Police Department statistics. The
approval of the distance waiver will not adversely affect the health, safety or
general welfare of persons working on the site or in the vicinity. Therefore, this
finding can be met.
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 application provides a clear and organized renovation of the existing blighted
structure, allowing the long -vacant former Greyhound Bus Station to be
rehabilitated for public use. Information has been presented that this modification
is justified by existing environmental features, conditions and improvements,
therefore, this finding can be made.
Resolution No. 24789
Page 3
NOW, THEREFORE, 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 grants
Case 7.1604 MAA.
ADOPTED THIS 23RD DAY OF JULY, 2020.
ATTEST:
A ony J.
City 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. 24789 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 July 23, 2020, by the following
vote:
AYES:
Councilmembers Garner, Middleton, Woods, and Mayor Kors
NOES:
None
ABSENT:
None
RECUSED:
Mayor Pro Tern Holstege
IN WITNESS WHEREOF, I have hereunto set my han and affixed the official seal of the
City of Palm Springs, California, this 2LF-v day of s'r 2azrc�
ony J. e'ia, M
City Clerk