HomeMy WebLinkAbout24676RESOLUTION NO. 24676
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/LOUNGE LOCATED AT 671-675 NORTH
PALM CANYON DRIVE (CASE 7.1580 AMM).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Bovanento, LLC, Owner (DBA Kaleafa), 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 671-675 North Palm Canyon Drive, Section 10, APN 505-302-025 (Case
7.1580 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. 24676
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 proposed use will have minimal impact to the commercial properties
located to the north, east and south of the subject site. However, a
residential unit within the subject building and a multifamily residential use
immediately west of the subject site will be impacted by the hours of
operation and odors from the lounge use. Consequently, adjacent uses will
be adversely impacted by the proposed use.
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 may be detrimental to the health, safety, or general
welfare of persons residing or working on the site or in the vicinity, due to
potential impacts from the hours of operation and odors from the proposed
use.
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 proposed use may result in a concentration of cannabis facilities, as
there is one cannabis facility within five -hundred (500) feet of the proposed
use and there are seven additional cannabis facilities within three -thousand
(3,000) feet of the proposed use.
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 7.1580 MAA.
Resolution No. 24676
Page 3
ADOPTED THIS 6th DAY OF NOVEMBER, 2019.
ATTEST:
nthony J.
City Clerk
David H. Ready, Esq.,
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. 24676 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 6t" day of November, 2019,
by the following vote:
AYES: Councilmembers Middleton, Roberts, Mayor Pro Tem Kors, and
Mayor Moon
NOES: Councilmember Holstege
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 r 34- day of Pore ry,P � , 20 c ",
anny J.
City Clerk