HomeMy WebLinkAbout25039RESOLUTION NO. 25039
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
DISPENSARY (PALM SPRINGS COFFEESHOP)
PROPOSED AT 605 EAST SUNNY DUNES ROAD (CASE
NO. 7.1647 AMM).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Palm Springs Coffeeshop 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 605 East Sunny Dunes Road, APN 508-163-004 (Case 7.1647
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(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
specific plan(s), and overall objectives of the zoning ordinance.
The General Plan designation of the subject property is MU (Mixed Use). The
proposed use is consistent with specific uses intended in mixed -use areas which
typically include community -serving commercial and service businesses, including
retail and restaurant facilities. The proposed use is also consistent with the zoning
code, in that the site is zoned Commercial Manufacturing (C-M), which permits the
proposed dispensary/lounge use pursuant to Section 92.15.01.
2. The neighboring properties will not be adversely affected as a result of the approval
or conditional approval of the minor modification.
L
Businesses in the immediate area consist primarily of light industrial uses, retail
Resolution No. 25039
Page 2
uses, and other cannabis dispensaries. The proposed cannabis dispensary will
have operating hours (10.00 am to 12.00 am) that extend beyond the hours of
most of the adjacent retail and industrial businesses which are closed in the
evening but should not pose an impact to those 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 would be required
to submit an odor control plan and security 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 the use will 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 will be on an undeveloped lot; approval of this
waiver will result in the completion of the public sidewalk and curbing along the
block frontage, and will contribute to the vitality of the commercial district in which
it is located.
E. Resolution 24799 provides the following optional five (5) criteria in evaluating
cannabis facility distance separation waiver applications stated below:
1. The proposed use will be located in an existing building that is blighted.
The proposed use will not be located in an existing building. The proposed project
site is currently vacant.
2. 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 project site is currently an undeveloped, infill lot.
3. 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.
While there are three other cannabis uses within 500 feet of the proposed facility,
only the FLWR CO. dispensary is within the same block frontage, and it does not
have a lounge facility. PSA Organica is located approximately 300 feet to the west
on Sunny Dunes Road but is on the opposite side of the street, and Ikanik Farms
is not directly visible or accessible from the proposed dispensary.
Resolution No. 25039
Page 3
4. The proposed facility will be harmonious with adjacent businesses, including
compatibility of use, operations, and business hours.
As noted previously, the proposed use is generally compatible with adjacent
commercial and industrial uses. The hours of operation will extend later than most
adjacent businesses but will be consistent with the other cannabis facilities and the
adjacent bar.
5. 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 7.1647 AMM, which seeks relief from the 500-foot-minimum separation distance
requirement between cannabis dispensaries and cannabis lounges at 605 East Sunny
Dunes Road.
ADOPTED THIS 14T" DAY OF JULY, 2022.
"\� W(Al,
JUSTIN tLIFTON
CITY MANAGER
ATTEST: ffc
MONI . LOMELI, CMC
INTERIM CITY CLERK
Resolution No. 25039
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify
that Resolution No. 25039 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 July 14, 2022, by the
following vote:
AYES: Councilmembers Holstege, Kors, Woods, and Mayor Pro Tern Garner
NOES: Mayor Middleton
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 4
504 day of Ahl( 5f .
r"�
MONIQU M. LOMELI, CMC
INTERIM CITY CLERK