HomeMy WebLinkAbout24675RESOLUTION NO. 24675
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 A CANNABIS DISPENSARY
LOCATED AT 317 NORTH INDIAN CANYON DRIVE (CASE
7.1588 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)(2) 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 317 North Indian Canyon Drive, APN 513-081-011
(Case 7.1588 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 and three -thousand (3,000) 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.
Resolution No. 24675
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 over -concentration of cannabis facilities within the same block will
result in an adverse impact to other retail and restaurant uses in the vicinity
of the subject site.
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 of persons residing or working on the site or in the vicinity.
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.
Approval of the proposed use will result in an over -concentration of
cannabis facilities within the area, as there are two approved cannabis
facilities within five -hundred (500) feet of the subject site, and an additional
seven cannabis facilities within three -thousand (3,000) feet of the subject
site.
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 7.1588 MAA.
ADOPTED THIS 6th DAY OF NOVEMBER, 2019.
_7_
David H. Ready, Esq., P
ATT T: City Manager
Ark Kony J. Meji ,
City Clerk l
Resolution No. 24675
Page 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS)
CERTIFICATION
SS.
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24675 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 the 6th day of November, 2019,
by the following vote:
AYES: Councilmembers Middleton, Roberts, Mayor Pro Tern Kors, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: Councilmember Holstege
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 1�� day of t,)cgewDv4 , Zat9
6thony e'ia M C
City Cler