HomeMy WebLinkAbout24961RESOLUTION NO. 24961
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN
ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF
FROM THE MINIMUM SEPARATION DISTANCE
REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS
FACILITY (GREEN SAVANTS, LLC) PROPOSED AT 888
EAST RESEARCH DRIVE FROM AN EXISTING YOUTH
CENTER (CASE 7.1644 AMM).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND
AS FOLLOWS:
A. Green Savants, LLC (Applicant), has filed an Administrative Minor Modification
(AMM) request pursuant to Section 93.23.15(C) of the Palm Springs Zoning Code,
seeking relief from the minimum separation distance requirements of 600 feet from an
existing youth center for a proposed cannabis facility located at 888 East Research Drive,
APN 507-350-011 (Case 7.1644 AMM).
B. Palm Springs Zoning Code (PSZC) Section 93.23.15(C) provides specific
standards for separating cannabis uses by a minimum of 600 feet to sites that include a
school, public park, public playground, day care/childcare center or youth center. The
proposed cannabis facility at 888 East Research Drive is separated approximately 175
feet from an existing private dance studio, which has been deemed a youth center, at 820
East Research Drive.
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"). In accordance with the CEQA Guidelines,
the City prepared an Initial Study to analyze the Project's potential impacts on the
environment and on November 4, 2021, the City adopted a Negative Declaration, which
concluded that the Project would not have any significant impacts on the environment.
Pursuant to Section 15162 of the CEQA Guidelines, no further environmental analysis is
required, because the project is the same as that which was approved on November 4,
2021.
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:
1. The requested minor modification is consistent with the general plan, applicable
Resolution No. 24961
Page 2
specific plan(s) and overall objectives of the zoning ordinance.
The General Plan designation of the subject property is IND (Industrial). The
proposed use is consistent with specific uses intended in the Industrial areas which
typically include research and development parks, light manufacturing, and
industrial services.
The location is zoned M-1-P, which permitted cannabis cultivation and
manufacturing facilities with the approval of a Conditional Use Permit at the time
the subject request was submitted to the City. Provisions in Section 5.55.070(F) of
Palm Springs Municipal Code (PSMC) allow for the waiver of land use and zoning
restrictions prior to the change of cannabis regulations which occurred in 2019
2. The neighboring properties will not be adversely affected as a result of the approval
or conditional approval of the minor modification.
The proposed cannabis dispensary will have operating hours that are similar to
other businesses in the surrounding area. Businesses in the immediate area
consist primarily of light industrial, office and mini -storage uses, with residential
further to the west and the airport directly adjacent to the east. The proposed
cannabis facility will not adversely affect neighboring properties, as the project is
required to implement odor control measures and maintain compliance with
municipal codes.
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 part of the cannabis regulatory permit process, the applicant has submitted an
odor control plan for review by the Department of Special Program Compliance.
Adherence to the City's odor control regulations and other operating procedures
as contained in PSMC Chapter 5.55 should reduce immediate impacts to adjacent
uses and therefore should not be detrimental to the health, safety or general
welfare of persons working in the surrounding area.
4. 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 cannabis facility is located at 888 East Research Drive and
separated from the dance studio at 820 East Research Drive by a fully developed
light industrial building, parking and landscaping at 870 East Research Drive.
Therefore, the approval of the minor modification is justified by location of existing
improvements.
Resolution No. 24961
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F. Pursuant to Resolution No. 24799, the City Council may also consider the following
optional criteria in reviewing the distance waiver request:
a. The proposed use will be located in an existing building that is blighted.
The proposed use is located within a building which exhibits signs of blight, as
defined in PSMC 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.
The proposed use will be located in an existing building that was vacated by a
contractor within the past two years, after occupying the prdperty�foesever.�.y�ars.
Per the applicant, the building is currently vacant.
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.
There are no other cannabis uses within the vicinity of the proposed facility. The
closest cannabis operation is located to the east on Montalvo Way, which is
approximately 1,930 feet away from the proposed facility and on the other side of
the airport.
d. The proposed facility will be harmonious with adjacent businesses, including
compatibility of use, operations, and business hours.
The proposed facility is located within a light industrial area and will include
daytime operating hours, which is consistent with the typical hours of businesses
in the vicinity.
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.
THE' ! COuaQt4,-3 ,;THE CITY"fM- PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That -.the findings and determinations reflected above are true and
correct and are, incorporated by thi$4eference herein as the cause and foundation for the
action taken by and through this Resolution.
SECTION 2. Based upon the foregoing, the City Council hereby approves
Administrative Minor Modification, Case #7.1644 MAA.
Resolution No. 24961
Page 4
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 9th DAY OF DECEMBER 2021.
0
ONYX. CITY CLERK
JUSTI LIFTON, UTY MANAGER
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution
No. 24961 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 this 9th day of December 2021, by the
following vote:
AYES:
Councilmembers Kors, Woods, and Mayor Middleton
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSED:
Councilmember Holstege, and Mayor Pro Tern Garner
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this -L0" day of bid , 2tyj.
Anthony J. M_ji C- �`ify Clerk
S City of Palm rings California