HomeMy WebLinkAbout25066RESOLUTION NO. 25066
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 (CALI DISPENSARY) PROPOSED AT 823 SOUTH
WILLIAMS ROAD FROM AN EXISTING CANNABIS LOUNGE
(CASE NO. 7.1660 AMM).
THE CITY COUNCIL OF THE CITY Of PALM SPRINGS DOES HEREBY FIND AND
DETERMINE AS FOLLOWS:
A. SPS Manuf., 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 823 South Williams Road, APN 680-160-016 Case 7.1660 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 IND (Industrial). The
proposed use is consistent with specific uses intended in mixed -use areas which
typically include research and development parks, light manufacturing, laboratories,
and industrial services. Retail commercial uses and offices shall be allowed as
ancillary uses to the industrial use. The proposed use is also consistent with the
zoning code, in that the site is zoned Service Manufacturing (M-1), which permits
the proposed dispensary/lounge use pursuant to Section 92.17.01. However,
Section 93.23.15(C)(1) requires a 500-foot distance separation between cannabis
dispensary/lounge facilities, with the intent of discouraging a saturation of cannabis
facilities and providing a balance of uses in commercial districts.
Resolution No. 25066
Page 2
2. The neighboring properties will not be adversely affected as a result of the approval
or conditional approval of the minor modification.
Businesses in the immediate area consist primarily of light industrial uses, retail
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 within an existing commmercial building. The '
lot is not substandard in size, and does not have any environmental features or
unique characteristics that would justify a minor modification application.
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 be located in a pre-existing self -storage facility business.
The current owner purchased the commercial building in 2021. Present condition
of the building is not a blighted condition.
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 facility will be located within an existing building that has not been
occupied since 2016, per Business License records.
3. Approval of the proposed use will not result in the same type of cannabis use along I
the same block frontage where the use is proposed to be located.
Resolution No. 25066
Page 3
There are two other cannabis uses within 500 feet of the proposed facility. Off the
Charts Dispensary is within the same block frontage (285 feet away) and does not
have a lounge facility. High Rollers Dispensary is located 340 feet away to the west
on South Vella Road and does not operate a lounge.
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.
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 7.1660 AMM, which seeks relief from the 500-foot-minimum separation distance
requirement between cannabis dispensaries and cannabis lounges at 823 South Williams
Road
ADOPTED THIS 10T" DAY OF NOVEMBER 2022.
) I✓k1C-CCw 6;k---
Teresa Gallavan, Interim City Manager
ATTEST:
Brenda ree, City Clerk
Resolution No. 25066
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS)
CERTIFICATION
ss.
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution
No. 25066 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 November 10, 2022, the following vote:
AYES: Councilmember Kors, Mayor Middleton, Councilmember Woods and
Mayor Pro Tern Garner
NOES: None
ABSENT: Councilmember Holstege
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this �q day of /✓ec Hbev , a oaz
A�—� J
Brend r , MMC, City Clerk
City of Palm Springs, California