HomeMy WebLinkAbout25067RESOLUTION NO. 25067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVAL AN
ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF
FROM THE MINIMUM SEPARATION DISTANCE
REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS
DISPENSARY (TPE ENTERPRISES, LLC) PROPOSED AT
1233 SOUTH GENE AUTRY TRAIL (CASE NO. 7.1661 AMM).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES AS
FOLLOWS:
A. TPE Enterprises, 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 1233 South Gene Autry Trail, APN 680-570-004 (Case 7.1661 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. 25067
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 facilities. The proposed cannabis dispensary will have
operating hours (8:00 AM to 8:00 PM) Monday — Friday and should not adversely
affect the neighboring properties.
3. The approval orconditional 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 generally should not be detrimental to the
health, safety or general welfare of persons working in the surrounding area.
However, a concentration of cannabis -related uses in an area can result in
secondary impacts which impact public health and safety.
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. I
The proposed cannabis facility will be within an existing industrial 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 within an existing building and is not considered a
blighted area.
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 2006, 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. 25067
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There is one cannabis dispensary/distribution facility (Extrax) that is operating and
' another cannabis dispensary/lounge, cultivation, distribution and manufacturing
(The Morgue) that is non -operational, but will be soon, within 500 feet of the
proposed facility. As the proposed dispensary will not be open to the general public
and is a deliver -only service, approval of this facility will not result in an over -
concentration of cannabis dispensaries.
4. The proposed facility will be harmonious with adjacent businesses, including
compatibility of use, operations and business hours.
The proposed use is compatible with adjacent industrial uses. The hours of
operation are appropriate and consistent with other businesses in the area.
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 7.1661 AMM, which seeks relief from the 500-foot-minimum separation distance
requirement between cannabis dispensaries and cannabis lounges at 1233 South Gene
Autry Trail.
ADOPTED THIS 10T" DAY OF NOVEMBER, 2022.
(�Oklcca", C,
Teresa Gallavan, Interim City Manager
ATTEST:
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Brenda ree, City Clerk
Resolution No. 25067
Page 4
CERTIFICATION
STATE OF CALIFORNIA ) ,
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, BRENDA FREE, City Clerk of the City of Palm Springs, hereby certify that Resolution
No. 25067 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, by 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 o2K day of ae..<M be,- Oi z
A VAA-Z
Brenda re , MMC, City Clerk
City of Palm Springs, California