HomeMy WebLinkAbout24678RESOLUTION NO. 24678
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, GRANTING AN
ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF
FROM THE MINIMUM SEPARATION DISTANCE
REQUIREMENT FOR A CANNABIS DISPENSARY
LOCATED AT 1508 SOUTH PALM CANYON DRIVE (CASE
7.1593 AMM).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Norman Yousif, (DBA Area 29), 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 requirement of three -thousand
(3,000) feet from cannabis facilities for the subject site located at 1508 South Palm
Canyon Drive, APN 508-345-003 (Case 7.1593 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. 24678
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 commercially -zoned
properties that are located to the north, west and south of the site. Tenants
within the commercial building will not be impacted by the proposed use,
provided the applicant complies with all conditions of approval.
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 not result in a concentration of cannabis
facilities within the same block or across the street from the proposed use;
the use is appropriate provided the business is operated in conformance to
code requirements.
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 7.1593 MAA, granting relief from the three -thousand (3,000) foot separation
distance requirement between cannabis facilities, subject to the conditions of approval
attached as Exhibit A.
Resolution No. 24678
Page 3
ADOPTED THIS 6th DAY OF NOVEMBER, 2019.
ATTEST:
Aftfhony J. M 'ia, M
City Clerk
David H. Ready, Esq., Ph.
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. 24678 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 Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and
Mayor Moon
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 day of ;2 -►
nthony J. ejia MMC
City Clerk
Resolution No. 24678
Page 4
EXHIBIT A
Case 7.1593 AMM
Norman Yousif (DBA Area 29) — 1508 South Palm Canyon Drive
November 6, 2019
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the Director of Planning Services, the Director of Building and Safety, or the
Director of Community and Economic Development, depending on which department
recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case 7.1593
AMM, except as modified by the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, on file in the Planning Division, except as
modified by the conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with the
provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City
of Palm Springs, its agents, officers, and employees from any claim, action, or
proceeding against the City of Palm Springs or its agents, officers or employees
to attach, set aside, void or annul, an approval of the City of Palm Springs, its
legislative body, advisory agencies, or administrative officers concerning Case
7.1593 AMM. The City of Palm Springs will promptly notify the applicant of any
such claim, action, or proceeding against the City of Palm Springs and the
applicant will either undertake defense of the matter and pay the City's
associated legal costs or will advance funds to pay for defense of the matter by
the City Attorney. If the City of Palm Springs fails to promptly notify the
applicant of any such claim, action or proceeding or fails to cooperate fully in
the defense, the applicant shall not, thereafter, be responsible to defend,
indemnify, or hold harmless the City of Palm Springs. Notwithstanding the
Resolution No. 24678
Page 5
foregoing, the City retains the right to settle or abandon the matter without the
applicant's consent but should it do so, the City shall waive the indemnification
herein, except, the City's decision to settle or abandon a matter following an
adverse judgment or failure to appeal, shall not cause a waiver of the
indemnification rights herein.
ADM 6. Grounds for Revocation. Non-compliance with any of the conditions of this
approval or with City codes and ordinances may result in proceedings to revoke
the approval. In addition, violations of the City Codes and Ordinances will result
in enforcement actions which may include citations, arrest, temporary business
closure, or revocation of this permit in accordance with law.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Architectural Review. Any signage and exterior modifications to the building
shall be first reviewed and approved by the Architectural Advisory Committee
(AAC).
PLN 2. Air Filtration. The applicant shall provide adequate air filtration so as to
prevent any detectable odor at the exterior of the premises. Within twenty-four
(24) hours of any complaint concerning odors emanating from or originating
within the facility, the operator shall respond to the complaint in question, and
shall timely file a written disclosure to the Building Official documenting any and
all actions taken and planned to address the odor complaint. Any failure to
timely submit a written disclosure, a more detailed implementation plan and/or
performance schedule shall be grounds to start the revocation process of the
Conditional Use Permit.
PLN 3. Odor Prevention. The facility shall be required to utilize odor prevention
devices and techniques in accordance with PSMC Chapter 5.55 so that
cannabis odors are not detectable off -site. Failure to adhere to this condition
may require the applicant to further modify or enhance the odor prevention
systems, or may result in the revocation of the administrative cannabis permit
associated with this use.
PLN 4. Odor Mitigation Consultant. The applicant shall pay for a consultant hired by
the City to review odor mitigation plans and review mechanical systems
proposed within cultivation facilities as part of the building plan check process.
PLN 5. Recommendations of Consultant.
implement all recommendations
Certificate of Occupancy.
The applicant shall be required to
of City's Consultant prior to issuance of
END OF CONDITIONS