HomeMy WebLinkAbout5A OCRCITY COUNCIL STAFF REPORT
DATE: March 11, 2021 NEW BUSINESS
SUBJECT: REQUEST BY MASSFLORA, LLC FOR AN ADMINISTRATIVE MINOR
MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION
DISTANCE REQUIREMENT FOR A CANNABIS DISPENSARY AND A
MINOR ARCHITECTURAL APPLICATION FOR THE EXTERIOR
MODIFICATIONS TO THE PROPOSED CANNABIS FACILITY AT 577 E.
SUNNY DUNES ROAD (CASE NOS 7.1609 AMM AND 3.2967 MAA).
FROM: David H. Ready, City Manager
BY: Development Services Department
SUMMARY:
On November 12, 2020, the City Council reviewed an Administrative Minor Modification
(Case 7.1609 AMM) for relief from the separation distance requirement for a proposed
cannabis dispensary relative to other cannabis facilities. The project was referred to the
AAC to review upgrades to the exterior of the building. On February 16, 2021, the AAC
recommended approval Case 3.2967 MAA and 20-063 SI, a proposal for exterior
modifications to the building, project site and new signage. This is a request for a
separation distance waiver from two cannabis dispensaries/lounges located within 500
feet of the subject site and for the approval of the exterior modifications to the buildings
located at 577 East Sunny Dunes Road.
RECOMMENDATION:
1) Approve the applications by adopting a resolution entitled: "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 AND A MINOR ARCHITECTURAL APPLICATION FOR
THE EXTERIOR MODIFICATIONS TO A CANNABIS DISPENSARY
(MASSFLORA, LLC) PROPOSED AT 577 EAST SUNNY DUNES ROAD
(CASE 7.1609 AMM);"
ITBM NO. 5 • Pr
City Council Staff Report
March 11, 2021 --Page 2
7 .1609 AMM & 3.2967 MAA -Massflora LLC
2) Alternatively, deny the application by adopting a resolution entitled: "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 IN SECTION 93.23.15 AND A MINOR ARCHITECTURAL
APPLICATION FOR THE EXTERIOR MODIFICATIONS TO A CANNABIS
DISPENSARY (MASSFLORA, LLC) PROPOSED AT 577 EAST SUNNY
DUNES ROAD (CASE 7.1609 AMM);"
BUSINESS PRINCIPAL DISCLOSURE:
The applicant has filed a Public Integrity Disclosure form stating that Jose Breton is the
sole owner/investor. A copy of the form is included as an attachment to this report.
BACKGROUND:
Related Relevant Cit
Not Yet Issued
Nei hborhood Notice
2/12/21
2/25/21
Field Check
08/25/2020
I Site Area
Net Acres
Electronic notice of the subject application was provided to the
following Neighborhood Organizations within one mile of the project
site notifying that the AAC would review the MAA application on
2/16/2021: Midtown, Sunrise Park, Baristo, Historic Tennis Club,
Warm Sands, Tahquitz River Estates, Parkview Estates, Deepwell
Estates, The Mesa, Indian Can ans, Twin Palms.
Notice mailed to addresses within 500 feet of the site, notifying that the
subject application would be considered by City Council at a public
meeting on March 11, 2021. The notice was also emailed to
Nei hborhood Or anizations within one-mile of the ro·ect site.
I .21 Acres
2
City Council Staff Report
March 11 , 2021 --Page 3
7 .1609 AMM & 3.2967 MAA -Massflora LLC
Relevant Cit Actions
1111212020 City Council referred the project to AAC to review upgrades to the
exterior of the build in .
2/16/2021
Surrounding
Property
Subject
Property
North
South
East
West
The AAC recommended approval of Case 3.2967 MAA and 20-063 SI
subject to the following conditions:
1. Screen the mechanical equipment located on the roof
with a new parapet.
2. Parking lot shall be repaired and slurried as needed.
3. Storefront windows shall remain transparent.
4. Add low-voltage lighting to the front steps.
5. Address signage to be 30" high by 69" wide, and any
future modifications to signage shall require the submittal
of a si n ro ram.
Existing Land Use I Existing General Plan Existing Zoning
Per Chapter 92 -Designation " ,._ ;: Designation
MU CM
Industrial (Commercial (Mixed-Use) Manufacturing Zone)
Retail, Bakery Use NCC CM
(Neighborhood (Commercial & Bar Community Commercial) Manufacturing Zone)
Industrial Uses MU CM
and Retail (Mixed-Use) (Commercial
Manufacturing Zone)
MU CM
Vacant (Mixed-Use) (Commercial
Manufacturing Zone)
MU CM
Retail Use (Mixed-Use) (Commercial
Manufacturing Zone)
STAFF ANALYSIS -ADMINISTRATIVE MINOR MODIFICATION
Project Description:
The applicant, Massflora, LLC, is requesting an Administrative Minor Modification (AMM)
for a waiver of separation requirements, to establish a cannabis dispensary at 577 E.
Sunny Dunes Road. The subject property is located within an area that currently has two
approved cannabis uses within 500-feet; thus, an AMM approved by City Council is
necessary, pursuant to Section 93.23.15 of the Palm Springs Zoning Code (PSZC) to
establish this cannabis business. Additionally, a fourth dispensary is proposed
3
City Council Staff Report
March 11, 2021 --Page 4
7 .1609 AMM & 3.2967 MAA -Massflora LLC
immediately adjacent to the subject site, but the applicant for that project has not yet
submitted a waiver application.
Located along East Sunny Dunes Road (C-M zone), the dispensary is proposed within a
1, 197-square-foot tenant space within an existing multi-unit building. Approximately 859-
square feet of the proposed cannabis facility will be utilized as retail space, with the
remaining square footage as ancillary office/storage space.
Site Description:
The proposed project site consists of two buildings connected in the center by common
restrooms accessed by exterior doors. The building at the rear has five (5) tenant spaces,
all of which have been vacant since the early 2000's according to business license
records. Due to the vacancies, the project site appears to be falling into disrepair, as trash
is beginning to accumulate in the rear parking lot.
Conformance to Development Standards:
The applicant applied for a Cannabis Related Businesses and Activities Permit from the
City of Palm Springs (#C-2019-095). However, due to the proposed location being within
500 feet of two other cannabis lounges/dispensaries, the regulatory permit has not been
issued and the applicant is seeking relief from the separation and concentration
requirements established in PSZC Section 93.23.15. Subsection (C) stipulates minimum
separation and maximum overconcentration requirements for cannabis uses within the
City as follows:
1. Cannabis Facilities shall be separated by a minimum five hundred-foot (500J
distance, unless modified by the City Council.
There are two cannabis dispensaries and a lounge located within 500 feet of the proposed
project site. High End, LLC, located at 691 E Industrial Place, is approximately 180 feet
from the project site, and JMEndeavors Inc., located at 400 E. Sunny Dunes Road is
approximately 203 feet from the project site. High End, LLC is a dispensary and lounge
use and JMEndeavors Inc. is a dispensary. Both businesses have already obtained their
Regulatory permits from the Department of Special Programs Compliance. The map
below show the proximity of the proposed cannabis facility relative to others in the
surrounding area.
4
City Council Staff Report
March 11, 2021 --Page 5
7.1609 AMM & 3.2967 MAA-Massflora LLC
JMEndeavors
INC
CALLE ROCA
Palm Springs
Coffeeshop,
LLC
L..---_____ ____.,,i --
~ w iL --------------
0
ff~~~~--~---~~--~✓~--f -~--
ILi ----•
~[ _____ ____
_ Legend
Applications Approved m Project Site
J [S';] Applications Submitted
, D 500 Foot Site Radius
--Parcels
Cannabis Facility/Application Concentration Map
Cannabis Facilities Within 500 Feet ~ ~ ~-'
Permitted Facilities:
Name Address Zone Use
High End LLC 691 E Industrial Pl C-M Dispensary &
Lounge
JMEndeavors 400 E Sunny Dunes C-M Dispensary INC Rd
Pending Applications:
Name Address Zone Use
Palm Springs 605 E Sunny Dunes C-M Dispensary &
Coffeeshop LLC Rd Lounge
High End, LLC
--·-· .. ~-· ..
Distance
180 Feet
203 Feet
Distance
0 Feet
5
City Council Staff Report
March 11, 2021 --Page 6
7 .1609 AMM & 3.2967 MAA -Massflora LLC
Parking Requirements:
Off-street parking will be accommodated within the existing parking lot. A total of 5 parking
spaces will be required for the proposed use. The site currently provides 8 parking spaces
(7 spaces plus 1 ADA), and has been deemed to be legally non-conforming as to parking
requirements. Massflora will occupy a space that was previously occupied by a retail
business and will therefore not intensify the parking demand for the complex.
Consequently, the parking requirement for this use has been met.
Use SF or# Parking
of Seats Ratio Reg. -ca
Dispensary 1,179 1/300 1 7
SF SF
Rear Building 2,530 1/300 8 0 7 0 N
SF
TOTAL SPACES REQUIRED 12 1 y
1 y
FINDINGS -ADMINISTRATIVE MINOR MODIFICATION
Section 92.23.15(C)(1) of the Palm Springs Zoning Code authorizes the City Council to
waive distance/overconcentration requirements through issuance of a Minor Modification.
Pursuant to Palm Springs Zoning Code Section 94.06.01 (8)(3), the following findings
must be met to justify approval of a Minor Modification application. Staff has analyzed
the required findings as follows:
1. The requested minor modification is consistent with the general plan, applicable
specific plans(s) and overall objectives of the zoning ordinance.
The subject parcel is designated MU (Mixed Use) by the City of Palm Springs
General Plan, which allows for a variety of community-servicing retail commercial
professional offices, service businesses, restaurants, public and quasi-public uses.
The proposed dispensary is consistent with the General Plan designation. The C-
M(Commercial/Manufacturing) zone district allows the dispensary use by right, and
the use is therefore consistent with the zoning requirements. However, the zoning
code requires that dispensary/lounge facilities be a minimum of 500 feet from any
other dispensary/lounge facility; as previously noted, the proposed dispensary is
within 500 feet of two other dispensary and lounge facilities. If the separation
distance is approved by the City Council, the proposed facility will be consistent
with the zoning code.
2. The neighboring properties will not be adversely affected as a result of the approval
or conditional approval of the minor modification.
6
City Council Staff Report
March 11, 2021 --Page 7
7 .1609 AMM & 3.2967 MAA -Massflora LLC
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 retail uses with an existing bar and bakery located across East
Sunny Dunes Road. The proposed cannabis facility should not adversely affect
neighboring properties; however, the granting of this separation waiver request
may result in an over-concentration of cannabis uses in the surrounding area.
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.
There are no features unique to the site that would warrant approval of a separation
waiver, in terms of the parcel size, orientation, topography, or other site features.
The project location is an existing legally-permitted building, and there are no
unique features that would justify the request.
Pursuant to Resolution No. 24799, the City Council may also consider the following
optional criteria in reviewing the distance waiver request:
5. 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).
6. The proposed use will be located in an existing commercial tenant space that has
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 commercial tenant space that was
recently vacated by a retail business, Bones and Scones. The retail business
operated from the tenant space between 1999 and 2020. Per the applicant, the
building is currently vacant, and Bones and Scones has relocated. The building
facing Sunny Dunes does not have a demonstrated history of being difficult to
lease for commercial uses; however, the building at the rear of the property has
7
City Council Staff Report
March 11, 2021 --Page 8
7.1609 AMM & 3.2967 MAA-Massflora LLC
proved difficult to lease, as it has five (5) tenant spaces which have been vacant
for a number of years.
7. 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.
Approval of the proposed use will result in the same type of cannabis use along
the same street frontage; however, the nearest dispensary (JMEndeavors) is not
on the same block. JMEndevors Inc. is located on the north side of East Sunny
Dunes Road, and the proposed facility will be located on the south. High End LLC
is located on a different street from Massflora, and is not visible or easily accessible
to the proposed dispensary.
8. The proposed facility will be harmonious with adjacent businesses, including
compatibility of use, operations and business hours.
The project site is located along East Sunny Dunes Road, directly across the street
from an existing bar, bakery and retail store. The proposed facility will be generally
harmonious with the businesses located within the surrounding area. The hours
and operations are compatible with existing businesses and adherence to the
City's regulations governing cannabis-related businesses will reduce any potential
impacts to adjacent businesses.
9. 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.
ANALYSIS AND FINDINGS -MINOR ARCHITECTURAL APPLICATION
On November 12, 2020, the Palm Springs City Council reviewed Case No. 7.1609-AMM
for a distance waiver to operate a cannabis dispensary at 577 East Sunny Dunes Road.
The project was referred to the AAC to review upgrades to the exterior of the building. On
December 22, 2020, the applicant submitted a Minor Architectural Application and a sign
permit for review by the Architectural Advisory Committee.
Proposed Building and Site Modifications:
As shown in the attachments, proposed exterior modifications include the following:
• Removal and replacement of all exterior A/C units located on the building
elevations with clearstory glass.
• Remove and replace all mismatched doors, screens, and windows.
• Clean and restore the two original mosaic panels located on the west elevation.
8
City Council Staff Report
March 11 , 2021 --Page 9
7 .1609 AMM & 3.2967 MAA -Massflora LLC
• Remove the west door on the front of the building and replace with fixed glass to
match the existing building frontage.
• Plant new landscaping in all existing planters.
• Repaint all buildings a light beige with an off-white trim and an orange accent color
on some doors.
• Remove any debris that has gathered in the parking lot.
• Construct a new monument sign.
Palm Springs 2007 General Plan Community Design Guidelines CD 1.5 encourages the
use of colors that are appropriate for desert environment. The applicant has chosen colors
that are neutral tones found in the desert environment and strategic placement of accent
colors, consistent with General Plan policy.
Architectural Review Criteria:
PSZC Section 94.04.00(D) requires an evaluation of the proposed modifications to
determine compatibility with the character of adjacent and surrounding developments,
and whether it is of good composition, textures and colors. Conformance shall be
evaluated based on the following applicable criteria:
1.
2.
3
Guidelines PSZC 94.04.00 D
Site layout, orientation, location of structures and relationship to
one another and to open spaces and topography. Definition of
pedestrian and vehicular areas, i.e., sidewalks as distinct from
arkin Jot areas.
The building is existing, and no additional square-footage is being
proposed. Existing pedestrian and vehicular areas are distinct from
parking lot areas; however, the parking lot pavement requires
repair. Staff has included a condition of approval to repair and
reslur the arkin lot.
Harmonious relationship with existing and proposed adjoining
developments and in the context of the immediate
neighborhood/community, avoiding both excessive variety and
monotonous re etition, but allowin similarit of st le, if warranted;
The proposed modifications will enhance the exterior of the
building. The changes will be harmonious with existing adjoining
developments.
Maximum height, area, setbacks and overall mass, as well as parts
of any structure (buildings, walls, screens, towers or signs) and
effective concealment of all mechanical equipment;
There are two existing buildings located on the proposed subject
site. No additional square footage or increase of height is
proposed; however, staff is recommending a new parapet on the
buildin s to screen existin mechanical e ui ment from the ublic
Com liance
Partial
y
Partial
9
City Council Staff Report
March 11, 2021 --Page 1 0
7 .1609 AMM & 3.2967 MAA -Massflora LLC
-Guidelines [PSZC 94.04.00(D)] ---··--· ·--·----------~ ·-· ---,~-:-~, ---"'
view. The new parapet will increase the height, but will not exceed
the maximum height limit, which is 30 feet.
4. Building design, materials and colors to be sympathetic with desert
surroundings;
The proposed materials and colors are neutral and sympathetic
with desert surroundings.
5. Harmony of materials, colors and composition of those elements
of a structure, including overhangs, roofs, and substructures which
are visible simultaneously;
The building walls currently consist of CMU walls. The applicant is
proposing new paint colors and a new plant material in existing
planters along the front and west building and property line. The
materials and colors are harmonious with the surrounding area.
6. Consistency of composition and treatment;
As mentioned above, there is consistency with the proposed colors
and materials.
7. Location and type of planting, with regard for desert climate
conditions. Preservation of specimen and landmark trees upon a
site, with proper irrigation to insure maintenance of all plant
materials;
The existing planters will be filled with new vegetation. Drought
tolerant plants are proposed including Sonoran Palo Verde, Desert
Museum, Mexican Fan Palm, Elephant food or Natal Plum, Blue
Sky Yucca, Desert Spoon and Night Blooming Cereus.
8. Signs and graphics, as understood in architectural design including
materials and colors.
One main sign is proposed and is in conformance with the sign
standards.
Compliance
y
y
y
y
y
On February 16, 2021, the AAC recommended approval of the exterior improvements of
the property subject to the following conditions:
1. Screen the mechanical equipment located on the roof with a new parapet.
2. Parking lot shall be repaired and slurried as needed.
3. Storefront windows shall remain transparent.
4. Add low-voltage lighting to the front steps.
5. Address signage to be 30" high by 69" wide, and any future modifications
to signage shall require the submittal of a sign program.
These conditions have been included in the approving resolution.
10
City Council Staff Report
March 11, 2021 -Page 11
7 .1609 AMM & 3.2967 MAA -Massflora LLC
ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is a
Class I exemption and is categorically exempt per Section 15301 (a) (Existing Facilities).
CONCLUSION:
The City Council can either make the determination to approve or deny the Administrative
Minor Modification (Case No. 7 .1609 AMM) for the distance waiver in conjunction with the
determination to approve or deny the Minor Architectural Application (3.2967 MAA) for
the exterior modifications to the building.
SUBMITTED BY:
Development Services Director
'"'-. :2:7~<;~
David H. Ready, Esq~
City Manager
Attachments:
1. 500' Radius Vicinity Map
2. Map of Cannabis Facilities
3. Draft Resolutions
4. Conditions of Approval
5. Justification Letter
6. Public Integrity Disclosure Form
7. Public Comments
8. Site Plan, Floor Plans
9. Proposed Exterior Modifications
10. Existing/ Proposed Renderings
11. Landscape Plans
Marcus L. Fuller, MPA, P.E., P.L.S.
Assistant City Manager
11
Legend
misite
Department of Planning Services
Vicinity Map
RAMON RD
;r----r--"\ ____,~
C
C ti)
::; i
0 ~ z w w C
..I ti)
..I w
~ C ..I
-u ..I
C u
..,__L
-~
D 500' Site Radius ~)
J --Parcels
CITY OF PALM SPRINGS
577 EAST SUNNY DUNES ROAD
12
Department of Planning Services
Map of Cannabis Facilities
577 East Sunny Dunes Road
~
l: -
CJ w
.J ~ , _,_L L_ i I_~__.___-'---'"'~
-~\----.--........--CALLER _oCA_~~-~ l I '
~plications Submitted
' CJ 500 Foot Site Rad ius
Parcels
--~-------... _ -------...... _____________ _
--------....... ----.. ---------
Cannabis Facilities Within 500 Feet
Permitted Facilities:
Name Address Zone Use
High End LLC 691 E Industrial Pl Dispensary &
Laun e
JMEndeavars 400 E Sunny Dunes Dispensary INC Rd
lications:
Name Address Zone Use
Palm Springs 605 E Sunny Dunes Dispensary &
Caffeesha LLC Rd Laun e
W-• N '·.E . ~ -~ .·
s
Distance
180 Feet
203 Feet
Distance
0 Feet
13
RESOLUTION NO.
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 AND A MINOR
ARCHITECTURAL APPLICATION FOR THE EXTERIOR
MODIFICATIONS TO A CANNABIS DISPENSARY
(MASSFLORA, LLC) PROPOSED AT 577 EAST SUNNY
DUNES ROAD (CASE NOS. 7.1609 AMM AND 3.2967 MAA).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Massflora, LLC has filed an Administrative Minor Modification (AMM) request
pursuant to Section 93.23.15(C)(1) of the Palm Springs Zoning Code, seeking relief from
the minimum separation distance requirements of five-hundred (500) feet for the subject
site located at 577 East Sunny Dunes Road, APN 508-163-003 (Case 7.1609 AMM).
8. 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.
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. Section 94.06.01 (8)(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
specific plan(s) and overall objectives of the zoning ordinance.
The subject parcel is designated MU (Mixed Use) by the City of Palm Springs
General Plan, which allows for a variety of community-serving retail commercial,
professional offices, service businesses, restaurants, public and quasi-public uses.
The proposed dispensary is consistent with the General Plan designation. The C-
M {Commerical/Manufacturing) zone district allows the dispensary use by right,
and the use is therefore consistent with zoning requirements. However, the zoning
code requires that dispensary/lounge facilities be a minimum of 500 feet from any
other dispensary/lounge facility, unless a waiver is otherwise approved by City
Council. Approval of this waiver application will allow the use as proposed.
14
Resolution No.
Page2
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 is similar to other
businesses in the surrounding area. Businesses in the immediate area consist
primarily of retail uses, with an existing bar and bakery located across East Sunny
Dunes Road. The proposed cannabis facility should not adversely affect
neighboring properties, provided the applicant adheres to the operating
procedures specified in PSMC Chapter 5.55 for cannabis uses.
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 cotnrol regulations and other operating procedures
as contained in PSMC Chapter 5.55 should reduce immediate impacts to adjacent
uses and therefore should not be dtrimental 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.
There are no features unique to the site in terms of the parcel size, orientation,
topography, or other site features; the project location is an existing legally-
permitted building.
E. Resolution 24799 provides the following optional five (5) 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 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 commercial tenant space that
was recently vacated by a retail business, Bones and Scones. THe retail
business operated from the tenant space between 1999 and 2020. Per the
applicant, the building is currently vacant, and Bones and Scones has
relocated. The building facing Sunny Dunes does not have a demonstrated
15
Resolution No.
Page3
history of being difficult to lease for commercial uses; however, the building at
the rear of the property has proved difficult to lease, as it has five (5) tenant
spaces which have been vacant for a number of years.
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;
Approval of the proposed use will result in the same type of cannabis use along
the same street frontage; however, the nearest dispensary (JMEndeavors) is
not on the same block. JMEndeavors Inc is located on the north side of East
Sunny Dunes Road, and the proposed facility will be located on the south. High
End LLC is located on a different street from Massflora, and is not visible or
easily accessible to the proposed dispensary.
d) The proposed facility will be harmonious with adjacent businesses, including
compatibility of use, operations, and business hours;
The project site is located along East Sunny Dunes Road, directly across the
street from an existing bar, bakery, and a retail store. The proposed facility will
be generally harmonious with the business located within the surrounding area.
The hours and operations are compatible with existing businesses and
adherence to the City's regulations governing cannabis-related businesses will
reduce any potential impacts to adjacent businesses.
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 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 .1609 AMM and Case 3.2967 MAA, which seeks relief from the 500-foot-minimum
separation distance requirement between cannabis dispensaries and cannabis lounges
and approves the exterior modifications proposed for Massflora, at 577 East Sunny
Dunes Road.
ADOPTED THIS 11rH DAY OF MARCH, 2021.
David H. Ready, City Manager
16
Resolution No.
Page4
ATTEST:
Anthony J. Mejia MMC, City Clerk
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. __ 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 __________ , by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anthony J. Mejia MMC, City Clerk
City of Palm Springs, California
17
RESOLUTION NO. --
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 IN SECTION 93.23.15 AND A MINOR
ARCHITECTURAL APPLICATION FOR THE EXTERIOR
MODIFICATIONS TO A CANNABIS DISPENSARY
(MASSFLORA, LLC) PROPOSED AT 577 EAST SUNNY
DUNES ROAD (CASE NOS. 7.1609 AMM AND 3.2967 MAA).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Massflora, LLC has filed an Administrative Minor Modification (AMM) request
pursuant to Section 93.23.15(C)(1) of the Palm Springs Zoning Code, seeking relief from
the minimum separation distance requirements of five-hundred (500) feet for the subject
site located at 577 East Sunny Dunes Road, APN 508-163-003 (Case 7.1609 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.
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. Section 94.06.01 (8)(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
specific plan(s) and overall objectives of the zoning ordinance.
The subject parcel is designated MU (Mixed Use) by the City of Palm Springs
General Plan, which allows for a variety of community-serving retail commercial,
professional offices, service businesses, restaurants, public and quasi-public uses.
The proposed dispensary is consistent with the General Plan designation. The C-
M (Commerical/Manufacturing) zone district allows the dispensary use by right,
and the use is therefore consistent with zoning requirements. However, the zoning
code requires that dispensary/lounge facilities be a minimum of 500 feet from any
other dispensary/lounge facility; as previously noted, the proposed dispensary is
within 500 feet of two other dispensary/lounge facilities. Consequently, the
proposed facility is not allowed unless a separation waiver is approved.
18
Resolution No. ---Page2
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 retail uses, with an existing bar and bakery located across East
Sunny Dunes Road. The proposed cannabis facility should not adversely affect
neighboring properties; however, the granting of this separation waiver request
may result in an over-concentration of cannabis uses in the surrounding area to
the detriment of adjacent businesses.
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 noted in finding (b) above, this request may add to an over-concentration of
cannabis faciities within the immediate vicinity, creating a "cannabis
neighborhood." Failure on the part of the applicant to adhere to the approved odor
control plan or to maintain operations in accordance with the requirements of
PSMC Chapter 5.55 may result in impacts to the general health, safety and welfare
of persons within the vicinity.
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.
There are no features unique to the site that would warrant approval of a separation
waiver, in terms of the parcel size, orientation, topography, or other site features.
The project location is an existing legally-permitted building, and there are no
unique features that would justify the request.
E. Resolution 24799 provides the following optional five (5) 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 proposed use is located within a building that is beginning to show signs
of blight, as defined in PSMC Chapter 8.80.
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 commercial tenant space that
19
Resolution No. __ _
Page 3
was recently occupied by a retail business, Bones and Scones, for a period of
over 20 years. This building does not have a demonstrated history of being
difficult to lease for commercial uses.
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;
Approval of the proposed use will result in the same type of cannabis use along
the same block frontage. JMEndeavors Inc is located along East Sunny Dunes
Road. The other existing cannabis facility, High End LLC, is located on a
different street and is not visible or easily accessible from the subject site.
d) The proposed facility will be harmonious with adjacent businesses, including
compatibility of use, operations, and business hours;
The project site is located along East Sunny Dunes Road, directly across the
street from an existing bar, bakery, and a retail store. The proposed facility will
be generally harmonious with the business located within the surrounding area;
however, approval of this distance waiver may result in a concentration of
cannabis-related facilities in the immediate area, to the detriment of other uses.
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 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 .1609 AMM and Case 3.2967 MAA, which seeks relief from the 500-foot-minimum
separation distance requirement between cannabis dispensaries and cannabis lounges
and denies the exterior modifications proposed for Massflora, at 577 East Sunny Dunes
Road.
ADOPTED THIS 11TH DAY OF MARCH, 2021.
David H. Ready, City Manager
ATTEST:
20
Resolution No. __ _
Page4
Anthony J. Mejia MMC, City Clerk
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. __ 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 __________ , by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anthony J. Mejia MMC, City Clerk
City of Palm Springs, California
21
Exhibit A
Case 7.1609 AMM & 3.2967 MAA
Massflora, LLC
577 East Sunny Dunes Road
March 11, 2021
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, 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
7.1609 AMM & 3.2967 MAA
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped March 2, 2021, including
site plans, architectural elevations, exterior materials and colors, landscaping,
and renderings on file in the Planning Division.
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 7.1609 AMM & 3.2967 MAA. The City of Palm
Springs will promptly notify the applicant of any such claim, action, or
22
City Council Resolution No.
Case 7.1609 AMM & 3 .2967 MAA-March 11, 2021
Conditions of Approval
Page 2 of 3
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 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. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of the Administrative Minor Modification
and Minor Architectural Application shall be valid for a period of two (2) years
from the effective date of the approval. Extensions of time may be granted by
the Planning Commission upon demonstration of good cause.
Extensions of time may be approved pursuant to Code Section 9.63.110.
Such extension shall be required in writing and received prior to the expiration
of the approval.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00. The applicant shall submit a sign permit to the
Department of Planning Services prior to the issuance of building permits.
PLN 2. Address Signage: Address signage to be 30" high by 69" long, and any future
modifications to signage shall require the submittal of a sign program.
PLN 3. Windows. Storefront windows shall remain transparent.
PLN 4. Parking. Parking lot shall be repaired and slurried as needed.
23
City Council Resolution No.
Case 7.1609 AMM & 3.2967 MAA-March 11, 2021
Conditions of Approval
Page 3 of 3
PLN 5. Screen Mechanical Equipment. Screen the mechanical equipment located on
the roof with a new parapet.
END OF CONDITIONS
24
S:E~P
A T T O R N E Y S
REPLYTO: ROBERT L. PATTERSON
patterson@sbemp.com
ADMITTED IN CA
Palm Springs, California
August 3, 2020
Planning Commission
City of Palm Springs
c/o Department of Planning Services
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Cannabis Related Business and Activities Application C-2019-082 (577 E. Sunny Dunes
Road, Palm Springs, CA 92264
Honorable Planning Commission Members:
This letter is written on behalf of Massflora, LLC, a Massachusetts corporation ("Applicant") in support
of Applicant's request for an Administrative Minor Modification to allow a cannabis dispensary and
delivery service at 577 E. Sunny Dunes Road, Palm Springs, CA 92264 (the "Property"). Cannabis
dispensaries are uses by right in the area in question. However, since there are three other dispensaries
in the area this Administrative Minor Modification must be approved.
The anticipated benefits to the City are considerable and will contribute to an economic recovery in the
wake of the COVID-19 crisis and economic downturn. The Property is improved with an existing
building having 1118 square feet (the "Project"). The applicant is remodeling the building in connection
with this application and bringing it up to current building code standards and to improve its appearance.
The Building is currently vacant, and will not result in an increase in intensity of use based on the other
uses of right within the zone for the existing building.
As a high-quality cannabis dispensary and delivery service -not a grow facility-there is a small potential
for odor. However, the product is kept sealed at all times unless being handled. Furthermore, the
applicant has retained an engineer to prepare an odor mitigation plan that will be implemented and
followed at all times to reduce the odor associated with the cannabis product. No significant negative
impacts are expected on the surrounding communities as a result.
While the project will create some motor vehicle and pedestrian traffic, this traffic will occur when the
vacant building is occupied no matter what the intended use. A cannabis dispensary does not create any
more traffic than the other uses by right within the zone. Some of the other uses that could occupy the
building are industrial in nature so the cannabis business represents a low impact alternative
1800 E . Tahquitz Canyon Way
Palm Springs, California 92262
T (760) 322-2275 • F (760) 322-2107
SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
650 Town Center Drive, Suite 1400
Costa Mesa, California 92626
T (714) 435-9592 • F (714) 850-9011
2240 Fifth Avenue
San Diego, California 92101
T (619) 501-4540
www.sbemp.com
103 Carnegie Center Blvd., Suite 101
Princeton, New Jersey 08540
T (609) 955-3393 • F (609) 520-8731
405 Lexington Avenue, 2~ Floor
New York, New York 10174
T (212) 829-4399
25
August 4, 2020
Page2
The Project is anticipated to result in multiple benefits for the City. First, the Project is anticipated to
increase commercial activity in the area developing additional tax revenues to the City as well as
commercial activity. The Project will create additional economic opportunities for other retail businesses
in the community as well as employment opportunities. The dispensary will make both recreational and
medical marijuana available to residents, visitors and those having medical needs. Finally, it will
produce much needed job opportunities that are immune from the COVID-19 downturn in business.
Given the nature of the Project, the Property will operate from 9 A.M. to 10 P.M., seven days per week,
with an additional six (6) to ten (10) employees for all shifts. This will enhance employment
opportunities within the City of Palm Springs and support businesses patronized by the employees. Prior
to initiating operations, and as a continuing requisite to conducting operations, the applicant has applied
for a regulatory permit from the City Manager under the terms and conditions set forth in Chapter 5.55
of the Palm Springs Municipal Code and will fully complied with the provisions of this Section.
The Palm Springs Zoning Code provides that the Property is within the C-M zone. The C-M zone is
intended for heavy commercial and certain light industrial uses, particularly service industries for
commercial, hotel and industrial uses. (PMC 92.15.00). Under the C-M zone the proposed cannabis
dispensary is a use by right with no conditional use permit required. The property development standards
contained in Section 93 .23 .15 of the Code do apply and have been complied with. The cannabis
dispensary and delivery service supports the City's high end tourist industry.
Section 93 .23 .15 of the Palm Springs Municipal Code provides in pertinent part that Cannabis
Dispensaries and Cannabis Lounges shall be separated by a minimum five hundred foot (500') distance
from each other unless the project is in a Cannabis Overlay Zone. The Property is not within the Overpay
Zone. There are three other dispensaries within the radius. The City Council may waive the separation
requirements under the minor modification procedure set forth in Palm Springs Municipal Code Section
94.06.0 l .B.
The 500 foot separation requirement is not supported by a rational basis, should not be applied and under
any circumstances must not be applied to the current application. This letter contains the evidence
supporting the findings for approval by the City Council of a Minor Modification:
a. The requested minor modification is consistent with the general plan, applicable specific
plan(s) and overall objectives of the zoning ordinance;
The General Plan designation of the area in question is "Mixed Use/Multi-Use". "Specific uses intended
in these areas include community-serving retail commercial, professional offices, service businesses,
restaurants, daycare centers, public and quasi-public uses." As a retail commercial business the Project
fits squarely within the intended uses.
The General Plan Land Use Element identifies many goals that will be supported by the proposed use.
For example, "achieving a balance of land uses also means establishing land uses that provide a strong
fiscal foundation for the City. In terms of an economic base, Palm Springs is primarily a resort city,
whose future depends on climate, access, recreational opportunities, and retail opportunities. For
26
August 4, 2020
Page 3
practical purposes, the majority of businesses in the City provide retail services to the tourist population,
with a growing number of businesses catering to the year-round population."
The Cannabis business creates tourism, recreational activities and new economic opportunities for
everyone in the community.
"GOAL LUI: 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."
The Project is environmentally friendly and will not create an excess of cannabis related businesses in
the City.
Goal LU2 is to "maintain the City's unique "modem urban village" atmosphere and preserve the rich
historical, architectural, recreational, and environmental quality while pursuing community and business
development goals." Goal LU4 is to "attract and retain high-quality, sustainable commercial
development." LU7.l Encourage a diversity of high-quality commercial uses, attractive to both the
resident and the visitor, including retail, entertainment, cultural, and food sales, in appropriate areas of
the City. L U7 .2
Cannabis is a sustainable industry with minimal negative impacts on the environment despite its
significant positive impact on tourism, jobs, recreation and entertainment. It does not rely on the mass
consumption of resources and resulting pollution and greenhouse gases. It creates job opportunities and
a healthy recreational lifestyle associated with outdoors activities, dining and entertainment. All of these
economic activities create economic activity but not at the expense of the environment. Further, the
cannabis business is consistent with the village like and artistic atmosphere being sought by the City.
Cannabis use is associated with artistic creation and enjoyment. Appreciation and use of cannabis also
creates an atmosphere favorable to walking, shopping, eating and entertainment.
Goal LU7 is to "maintain and enhance the City's status and image as a premier resort destination and
cultural center in the Coachella Valley." The cannabis business is closely associated with the resort
business. Vacationers want recreational opportunities to enhance their experience.
Increasingly cannabis is required for a community to keep up with changing demographics. By allowing
this and other cannabis businesses the City will remain relevant to a younger demographic that expects
cannabis as a part of any desirable tourist community. The applicant will also bring much needed jobs
tax revenues and economic activity to the City. The applicant's business plan and security plan are
detailed and based on years of experience in the cannabis industry. The security plan assures that
possible safety issues are mitigated to the highest extend possible. Given the current economic and
business downturn due to COVID -19 this Project offers an opportunity to support local business and
employment opportunities. The City should take every opportunity to stimulate the economy by
allowing new business to enter the marketplace.
The objectives of the Palm Springs Zoning Code are for "promoting and protecting the public health,
safety and welfare of the people of the city of Palm Springs and to provide for the social, physical and
27
August 4, 2020
Page4
economic advantages resulting from comprehensive and orderly planned use of land resources ... " The
Palm Springs Zoning Code provides that the Property is subject to the C-M zone. The C-M zone is
intended for heavy commercial and certain light industrial uses, particularly service industries for
commercial, hotel and industrial uses. (PMC 92.15.00). Under the C-M zone the proposed cannabis
dispensary is a use by right and no conditional use permit is required. The property development
standards contained in Section 93 .23 .15 of this Code apply and will be adhered to by the applicant. The
Project will produce a minimum of negative impacts compared with other uses by rights and a wealth
of immediate positive impacts needed for the community to recover from the COVID pandemic.
b. The neighboring properties will not be adversely affected as a result of the approval or
conditional approval of the minor modification;
The project is a high quality operation with a remodeling plan that will assure that Palm Springs and the
neighborhood will have an excellent appearance and reputation. The cannabis business is a relatively
new experience for the City, but will soon become established and desirable neighborhood businesses.
The interior of the property will be remodeled creating an attractive and pleasing experience for the
visitors. The project has six regular parking spaces plus one handicapped parking space which is well
above the five (5) required by the PSMC and will assure that on street parking is minimized. The Project
is subject to a security plan and an odor mitigation program designed by a registered engineer so these
potential issues will be addressed. The use will also create additional visits to the area that will create
business opportunities for surrounding areas. Placing similar businesses in the same area has been
shown to actually create synergies between the neighboring businesses by enhancing customer choice
and enhancing overall business activity. This dynamic is seen with automotive dealerships, jewelry
markets, farmers' markets and other industries. The lilkihood is that these businesses will create
synergies that enhance business for each of the dispensaries. This will establish Palm Springs as a
pioneer in this nascent and growing industry and lifestyle. It will enhance tourism, outdoor recreation,
nightlife and healthy lifestyles that the City of Palm Springs is known for throughout the world.
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;
The applicant has many years of successful operations in the Colorado cannabis industry and has had
no history of compliance actions. The project will generate jobs, tax revenue and business activity.
Parking is available onsite in accordance with the PSMC. The applicant has detailed business,
operations, and safety and security protocols to assure that the business is a positive addition to the City
of Palm Springs. Rather than creating a detriment to the health, safety and welfare the public will benefit
from the project in numerous ways. Leaving the existing building vacant creates blight and the potential
for criminal activity. This business is a positive addition to the City and will assure that the City is
involved in this new industry that is important to future development of the City. The cannabis business
in no longer viewed as a risk to the community and it has been seen from the dispensaries in the
Coachella Valley that they complement the lifestyle and promote a better quality of life for many.
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
28
August 4, 2020
Page 5
The project will create synergies with neighboring businesses of all types. The area surrounding the
project is light industrial and retail. Antiques stores and vintage automobile sales predominate. The
boutique nature of the applicant's cannabis business fits in perfectly with these other uses on Sunny
Dunes. The building itself is the correct size for a boutique cannabis dispensary and delivery services
and has the required parking. The building style and nearby improvements promote casual walking
from one business to another. The whimsical nature of the vintage auto and antique buying experience
is consistent with the cannabis business and the boutique nature of the dispensary. The nearby cannabis
businesses will not cannibalize one another but instead will create synergies to benefit neighboring
cannabis businesses.
In addition to the forgoing, the following factors may be considered by the City Council, but these
factors are not mandatory factors.
a. The proposed use will be located in an existing building and the building where the proposed use is
to be located has been vacant for a period of two (2) or more consecutive years.
The existing use has been vacant for over one year and will be approaching two years soon. This application is
an opportunity to end that vacancy and secure a solid bu~iness in the location. No other uses are currently
proposed for the location. Failure to approve the application will likely leave an abandoned building with no use.
b. Approval of the proposed Cannabis Facility will not result in an undue overconcentration of
cannabis-related uses within the same block or along the street frontage where the Cannabis Facility will
be located to the detriment of other permitted uses.
The nearby cannabis businesses will benefit one another and will cause no detrimental effects on the community.
There is no issue of over-intensification as the nearby dispensaries will complement one another. It has been
shown that neighboring businesses of the same kind create additional business through synergies. The area is
directly off of Palm Canyon Way and near the tourist and dining areas of the City. The consumer demand in this
area and the synergies created by nearby business create customer choice and business opportunity. The
anticipated business in the area will foster economic development in a part of the City that is current less active.
This in turn will enhance this and neighboring communities creating a unique and desirable atmosphere in this
area and neighboring communities.
c. The applicant has demonstrated experience working at a licensed Cannabis Facility within the City
or another jurisdiction, whether as an owner, operator or employee, without any documented violations of
State or local law, and without maintaining any documented public nuisances within the City or other
jurisdiction.
The applicant has many years of successful experience in Colorado and currently operates six ( 6) dispensaries
and two cultivation operations. In addition the applicant has a microbusiness in Long Beach, California with a
dispensary, delivery and manufacturing. Due the extensive knowledge and experience of the industry the Project
29
August 4, 2020
Page6
will immediately be one of the premier cannabis dispensaries and will quickly gain acceptance and clientele. The
applicant has no nuisance other violations of law in its history, and has been a professionally run business for
many years. The applicant's business and security protocols are extensive and represent the highest standards in
the industry.
e. Any similar consideration specific to the property or operation of the use which warrants a
modification to the separation requirements.
By approving this project the Planning Commission has the opportunity to advance the City's goal of being a first
class tourist destination that will remain relevant to younger consumers while generating an immediate boost to
the economy and jobs. The Project will contribute to a village like atmosphere, compliment other areas of the
City and will help the City emerge from the COVID-19 economic downturn.
Very truly yours,
SBEMPLLP
Robert L. Patterson
30
DocuSign Envelope ID: 5E4A3595-B5E3-494C-A087-764F7354B133
1. Name of Entity
Massflora LLC
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
2. Address of Entity (Principle Place of Business)
11046 E. Louisiana Pl, Aurora CO 80012
3. Local or California Address (if different than #2)
1267 Willis St. STE 200, Redding CA 96001
4. State where Entity is Registered with Secretary of State
Massachussets
If other than California, is the Entity also registered in California?~ Yes n No
5. Type of Entity
D Corporation [!) Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify)
Note: If any response is not a natural person, please identify all officers, directors,
members, managers and other fiduciaries for the member, manager, trust or other entity
Jose Breton __________________ D Officer D Director D Member ~ Manager
[na
D General Partner D Limited Partner
•Other ___________ _
__________________ D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
•Other ___________ _
__________________ D Officer D Director D Member D Manager
[name]
(Revised 05/16/19)
D General Partner D Limited Partner
•Other ___________ _
CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Page 1 of 2
31
DocuSign Envelope ID: 5E4A3595-B5E3-494C-A087-764F7354B133
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
A.
Jose Breton 100%
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entityl
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
Jose Breton, Manager 9/10/2020
-E65CD83244E2495 ...
PENALTIES
Falsification of information or failure to report information required to be reported
may subject you to administrative action by the City.
(Revised 05/16/19)
CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Page 2 of 2
32
Anthony Mejia
From:
Sent:
To:
Cc:
Subject:
j <jmexotic@aol.com>
Monday, November 2, 2020 10:10 AM
CityClerk
Veronica Goedhart
Att Anthony Mejia
Hello Council, I have been notified of a public meeting for another cannabis store at 577 East Sunny Dunes Road by the
name of Massflora this landlord has kicked out all his business operators with the intent of starting a cannabis store, this
has been in the works for the past year and more ,there where 9-10 stores there. starting with Bones n scones to vintage
antique stores.art shop etc and has come into my store to see how a canna business operates. Pl's keep in mind there
are now to many shops 5 more opened around me from Roe Star to Off the charts.Green Dragon , 2 opening on Industrial
right around the comer, I am asking the city not to grant another cannabis business ,we are spread to thin now with
patients and clients. I also feel this is to close to residential , I thank you for your time in this matter.
Respectfully
Julie Montante
PSA Organica
1
, ....... ,Ii r,,-.... ~Pr
ti~, . .-.·"'"·~·-v . --
h/rl/1»
33
Anthony Mejia
From:
Sent
To:
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E
Janette <jtemple99@aol.com >
Sunday, November 1, 2020 8:11 AM
CityClerk
Please Just say No, on case No.7.1609
Palm Springs Resident since 1971 I live in my families home bought by my mother in 1974, 699 S Indian Trail.
Please Just say No, on case No. 7.1609.
Do not allow the modification on minimum separation distance requirements for more cannabis dispensary ,
lounges etc.
There is much and more than enough with what already exists!
Also you will open the door to more Of these requests if you allow this to go thru, more will ask of you the
same.
Please consider that so close to the commercial line is a neighborhood that has worked and invested so much
time,money and hard work on the improvement and growth over the past 20 years and we need to be careful to
keep it going in that direction!
Please try to show them other
Areas they would be welcome
and not so close to a neighborhood and their existing competition.
Thank You, Janette Temple
Janette Temple
699 S Indian Trail
Palm Springs,CA
92264
760-861-4515
PS I You
Sent from my iPhone
1
34
Anthony Mejia
From:
Sent
To:
Subject:
@
Mike Rivkin <scmcorp@sbcglobal.net>
Sunday, November 1, 2020 5:07 AM
CityClerk
comment re Case #7 .1609 (Massflora)
We note with interest the upcoming public hearing with regard to the case above and comment as
follows.
My name is Mike Rivkin and my wife and I own Antique Galleries of Palm Springs at 505 East
Industrial. From the map provided, our location appears to be a very short distance from the
proposed dispensary.
We see no reason whatsoever why an exemption should be granted to the minimum distance
requirement for dispensaries. There are already many -too many -dispensaries in south Palm
Springs and our small neighborhood of vintage retailers does not need another one in our
midst. There will be no boost to neighboring businesses and our community already has enough
problems with minor street crime and persistent vagrants. Just because an exemption has been
applied for does not mean it should be granted. It will only benefit the applicant and do less than
nothing for the surrounding area.
While other businesses and residents in our area may or may not choose to submit comments on this
matter, our conversations with many of them indicate a near-unanimity of feeling in this regard. Yet
another dispensary within shouting distance of others already existing should not be allowed.
Thank you.
s/ Mike Rivkin
Antique Galleries of Palm Springs
505 East Industrial Place
Palm Springs, CA 92264
760-322-87 40
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35
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