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Home My WebLink About24812RESOLUTION NO. 24812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING 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 HOLLAND PHARMS LOCATED AT 150 NORTH PALM CANYON DRIVE (CASE 7.1611 AMM)." THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Willie Holland, on behalf of Holland Pharms, Inc., 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 150 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, which is intended to "...serves as the main activity center and cultural core of the community and, as such, theatres, museums, retail, and other entertainment venues..." (Palm Springs 2007 General Plan, page 2-7). The proposed commercial use is consistent with the intended use within the CBD area. The applicant submitted this AMM application to request a relief from the 500-foot-minium separation distance requirement from other cannabis facilities as prescribed in Palm Springs Zoning Code Sections 93.23.15(C) and 94.06.01(A)(11). For the reasons above, the proposed project is consistent with the goal and objectives of the Zoning Code. Resolution No. 24812 Page 2 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 Land Use Element goal, LU 1, states "Establish a balanced pattern of land uses that complements the pattern and character of existing uses, offers opportunities for the intensification of key targeted sites, minimizes adverse environmental impacts, and has positive economic results." While overconcentration of cannabis facilities may create potential economic competition and conflict amongst the cannabis facilities, the business is directly adjacent to non -cannabis -related businesses. Additionally, the applicant provides a statement in the submitted justification letter that the project will not create adverse impact on the neighboring properties as the adjacent businesses welcome the proposed cannabis dispensary (Attachment #5). c. The approval or conditional approval of the minor modification will not bedetrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity. Granting this Administrative Minor Modification (AMM) application may contribute to the establishment of a 'cannabis neighborhood' which can result in creating secondary adverse impacts. However, the proposed use will be required to adhere to the City's operational procedures contained in PSMC Chapter 5.55; conformance to these requirements will reduce potential health and safety impacts. d. 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. The applicant is seeking a waiver from the 500-foot-minimum separation distance requirement because there is an approved cannabis facility located within 500 feet from the site. The site is located on the pedestrian -oriented main commercial corridor in the City, which likely has positive impact on the success of the proposed business. 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; Resolution No. 24812 Page 3 According to Business License, the tenant space was previously occupied by a gift/novelty shop, The Cocky Cactus, between 1994 and 2019. In October 2019, the City received a business license application for an electric bike and scooter shop for the tenant space; however, the business license process was never finalized. 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; If approved, the proposed cannabis dispensary will be located approximately 357 feet away from an approved cannabis facility (OG Arabian Nights) which is permitted to operate a dispensary and a lounge. Both businesses will be located on the east side of Palm Canyon Drive with their primary elevations facing the street. d) The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations, and business hours; The proposed cannabis dispensary will be immediately adjacent to a sunglass shop to the north and an apparel store to the south. While all businesses including the cannabis dispensary are retail, each business offers its own unique service and products. Therefore, the proposed use is harmonious with the adjacent businesses and approval of this AMM application will not create economic competition or conflict. e) The applicant has been qualified as a participant in the City's Cannabis Social Equity Program. The applicant is the first 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 approves Case 7.1611 AMM, which seeks relief from the 500-foot-minimum separation distance requirement between cannabis dispensaries and cannabis lounges for Holland Pharms located at 150 North Palm Canyon Drive. Resolution No. 24812 Page 4 ADOPTED THIS 22"d DAY OF OCTOBER 22, 2020. ATTEST: hony J. ejia MC ' y Clerk David H. Ready, City Man. 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. 24812 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 October 22, 2020, by the following vote: AYES: Councilmembers Garner, Middleton, Woods, and Mayor Kors NOES. None ABSENT: Mayor Pro Tern Holstege ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this !14-- day of . Nooe m,%0.2 r , '&-, Z,-, A ony J. j�MMfa , Ci Clerk City of Palmprings, California