HomeMy WebLinkAbout24806RESOLUTION NO. 24806
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING AN
ADMINISTRATIVE MINOR MODIFICATION (AMM) WHICH
GRANTS RELIEF FROM THE FIVE HUNDRED (500)-
FOOT-MINIMUM SEPARATION DISTANCE
REQUIREMENT BETWEEN CANNABIS DISPENSARIES
AND CANNABIS LOUNGES FOR ELEMENT 7 AT 240 &
242 NORTH PALM CANYON DRIVE (CASE 7.1603 AMM).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Robert DiVito, on behalf of E7 Palm Springs, LLC (dba Element 7), has filed an
Administrative Minor Modification (AMM) request pursuant to Sections 93.23.15(C) and
93.23.15(C)(1) of the Palm Springs Zoning Code seeking relief from the 500-foot-
minimum separation distance requirement between cannabis dispensaries and
cannabis lounges in accordance with PSZC 94.06.01(B) at 240 and 242 North Palm
Canyon Drive, Zone CBD.
B. The PSZC Section 93.23.15(C) provides specific guidelines regarding separation
distance between cannabis facilities as measured in a straight line, without regard to
intervening structures, from the nearest property line of the property on which the
cannabis facilities will be located.
C. The 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)(3)(a through d) 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 project site is located within the Central Business District (CBD) General
Plan land use designation area. The intent of the CBD Land Use designation
area is to provide, "...a mix of commercial, residential, and office uses at a higher
concentration, density, and intensity than in other areas of the City. The CBD
services as the main activity center and cultural core of the community, and, as
such, theatres, museums, retail, and other entertainment venues are
encouraged..." (Palm Springs 2007 General Plan, page 207).
Resolution No. 24806
Page 2
Pursuant to Palm Springs Zoning Code Section 93.23.15(C)(1), cannabis
dispensaries and cannabis lounges must be located at least five hundred (500)
feet away from each other. The applicant is requesting relief from this five
hundred (500)-foot-minimum separation distance requirement via Administrative
Minor Modification application as prescribed in Palm Springs Zoning Code
Section 93.23.15(C).
The project site is immediately adjacent to a permitted cannabis facility, OG
Arabian Nights, which is located on the adjacent parcel at 232 North Palm
Canyon Drive. Should the City Council decide to approve this Administrative
Minor Modification (AMM), there will be two (2) cannabis lounges and two (2)
cannabis dispensaries located side -by -side. This may interfere with a General
Plan policy goal LU 7.1, which encourages "...a diversity of high -quality
commercial uses, attractive to both the resident and the visitor, including retail,
entertainment, cultural, and food sales, in appropriate areas of the City." (Palm
Springs 2007 General Plan, page 2-29). This may be in conflict with balanced
land uses as stated in the General Plan land use goal (Palm Springs 2007
General Plan, page 2-19).
b. The neighboring properties will not be adversely affected as a result of the
approval or conditional approval of the minor modification.
Palm Springs 2007 General Plan Goal LU I states, "Establish a balanced pattern
of land uses that complements the pattern and character of existing uses, offers
opportunities for intensification of key targeted sites, minimize adverse
environmental impacts, and has positive economic results." (Palm Springs 2007
General Plan, page 2-20). Should the City Council decide to approve this
Administrative Minor Modification (AMM), it could potentially create economic
conflict amongst the permitted cannabis facilities located within 500 feet from the
site. Granting this AMM request has the potential to result in creating a 'cannabis
neighborhood,' and may contribute to creating adverse secondary effects.
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.
As stated in finding (b) above, granting this Administrative Minor Modification
(AMM) application may contribute to the establishment of a `cannabis
neighborhood' which can result in creating secondary adverse impacts. Such
secondary effects may put nearby residents, workers, and visitors in a vulnerable
position.
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.
Resolution No. 24806
Page 3
The applicant is seeking a waiver from the 500-foot-minimum distance separation
requirement because there are two (2) approved cannabis facilities located within
500 feet from the site. Granting approval of this Administrative Minor
Modification (AMM) application may intensity the overconcentration cannabis use
within the site's vicinity. There are no peculiar features of the building or site that
would necessitate the establishment of the proposed cannabis dispensary and
lounge at this specific location.
E. Resolution 24799 provides the following five (5) optional 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 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;
According to Development Services Department documents on file, the tenant
space was previously occupied by the businesses The Sandwich Stop (240
North Palm Canyon Drive) and Canyon Copy & Print (242 North Palm Canyon
Drive). According to City business license information, both businesses moved
to new locations in 2019. The tenant space has only been vacant since the
relocation of the previous tenants.
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,
The proposed cannabis dispensary and lounge facilities will be located directly
adjacent to OG Arabian Nights (232 North Palm Canyon Drive), which is also
permitted to operate a cannabis dispensary and a cannabis lounge. This will
result in two cannabis -related businesses within the same block, contributing to
an over -concentration of cannabis uses within the immediate area.
d) The proposed facility will be harmonious with adjacent businesses, including
compatibility of use, operations, and business hours;
The project site is directly adjacent to a public parking lot, a bar, and a property
for which new cannabis lounge and dispensary facilities are already permitted.
The proximity of the project site to other cannabis facilities overconcentration of
cannabis use in the area, and it is not harmonious with non -cannabis related
businesses.
Resolution No. 24806
Page 4
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
denies Case 7.1603 AMM, which seeks relief from the 500-foot-minimum separation
distance requirement between cannabis dispensaries and cannabis lounges for
Element 7, at 240 and 242 North Palm Canyon Drive.
ADOPTED THIS 24th DAY OF SEPTEMBER, 2020.
{
David H. Ready
City Manager
ATTEST:
w
Ant ny J. Mej
City Clerk
Resolution No. 24806
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. 24806 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 September 24, 2020, by the following
vote:
AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tem 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 54- day of Q��t,I� ✓ �� r� ,
ARKony J. Mtprin—ga4s,
CleCityof Palm i ornia