HomeMy WebLinkAbout24807RESOLUTION NO. 24807
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING AN
ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF
FROM THE MINIMUM SEPARATION DISTANCE
REQUIREMENT FOR PRIME DNA CANNABIS
DISPENSARY LOCATED AT 1227 SOUTH GENE AUTRY
TRAIL (CASE 7.1605 AMM).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. California's Best, LLC (Prime DNA Cannabis), 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 for the subject site located at 1227 South Gene Autry Trail, APN 680-
570-001(Case 7.1605 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. 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:
1. 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 Industrial (IND) General Plan land use
designation area. "Industrial uses typically include research and development
parks, light manufacturing, laboratories, and industrial services. Retail commercial
uses and offices shall be allowed as ancillary uses to the industrial use to
encourage projects that are self-sustaining" (Palm Springs 2007 General Plan,
page 2-8).
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
Resolution No. 24807
Page 2
(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 adjacent to two permitted cannabis facilities, Premier Greens
LLC and Evolved Engineering LLC. Should the City Council decide to approve this
Administrative Minor Modification (AMM), there will be three (3) cannabis
dispensaries located within the same business park. 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 also 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).
2. 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. While the applicant is proposing 75% of its employees to be Palm Springs
residents, the potential negative financial impact on other industrial businesses
could alter the landscape of the business park where the proposed business will
be located. Granting this AMM request has the potential to result in creating a
'cannabis neighborhood,' and may contribute to creating adverse secondary
effects.
3. 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.
4. The approval of the minor modification is justified by environmental features, site
conditions, location of existing improvements, or historic development pattems of
the property or neighborhood.
Resolution No. 24807
Page 3
The applicant is seeking a waiver from the 500-foot-minimum distance separation
requirement because there are two (2) approved cannabis dispensaries 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 optional five (5) 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 proposed use is located within a building which exhibits no signs of blight, as
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 the City's documents on file, US Medical Mobility is a current tenant
occupying Suite A within that building. The building has not been vacant and does
not have a record of being difficult to lease.
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;
A cannabis dispensary was previously located in the building at 1247 S. Gene
Autry Trail, which is immediately south of the subject site; an application is
currently in process to reestablish a cannabis business in that location. If both
applications are approved, there will be two cannabis facilities facing the Gene
Autry Trail frontage.
d) The proposed facility will be harmonious with adjacent businesses, including
compatibility of use, operations, and business hours;
The proposed facility will be generally harmonious with the other cannabis and
industrial uses located within the business park; however, approval of the waiver
may result in an over -concentration of cannabis businesses, to the detriment of
other existing light -industrial businesses located within the business park.
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.
Resolution No. 24807
Page 4
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 7.1605 AMM, which seeks relief from the 500-foot-minimum separation distance
requirement between cannabis dispensaries and cannabis lounges for Prime DNA
Cannabis, at 1227 South Gene Autry Trail.
ADOPTED THIS 24th DAY OF SEPTEMBER, 2020. K
David H. Ready, City
A ST:
A ony J. M Cit C
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. 24807 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, Mayor Pro Tern Holstege, and Mayor Kors
NOES: Councilmember Woods
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 S`�— day of Dc-Ao, 21DZc-
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V
Ahtfiony J. ejia C' y C
City of Pal Sprin nia