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HomeMy WebLinkAbout2019-07-24 PC Meeting MinutesPLANNING COMMISSION MINUTES CITY OF PALM SPRINGS, CALIFORNIA July 24, 2019 Council Chamber, City Hall 3200 East Tahquitz Canyon Way, Palm Springs, California CALL TO ORDER: Chair Woods called the meeting to order at 1:31 pm. ROLL CALL: Present: Donenfeld, Garner, Hirschbein, Song, Vice Chair Moruzzi, Chair Woods Staff Present: Principal Planner Robertson, City Attorney Priest, Special Programs Director Goedhart, Administrative Secretary Bruggemans, Engineering Associate Minjares, Associate Planner Mlaker REPORT OF POSTING OF AGENDA: The agenda was available for public access at the City Hall exterior bulletin board (west side of Council Chamber) and the Planning Services counter by 4:00 pm on Wednesday, July 18, 2019. ACCEPTANCE OF THE AGENDA: Donenfeld, seconded by Song to accept the agenda as presented. AYES: Donenfeld, Garner, Hirschbein, Song, Moruzzi, Woods PUBLIC COMMENTS: None. 1. CONSENT CALENDAR: None 1A. APPROVAL OF MINUTES: None. 2. PUBLIC HEARINGS: 2A. REQUEST BY GRESHAM LOCHNER ON BEHALF OF CURIOUSLY, INC. FOR A CONDITIONAL USE PERMIT (CUP) TO OPERATE A 2,310- SQUARE FOOT CANNABIS MANUFACTURING FACILITY IN A VACANT INDUSTRIAL BUILDING LOCATED AT 1251 MONTALVO WAY, UNIT A, ZONE M-1-P, SECTION 33 (CASE 5.1478-CUP). (ER) Principal Planner Robertson presented the project as outlined in the staff report. Planning Commission Minutes July 24, 2019 Page 2 of 5 MATTHEW TORRE and JAY TAKAS, odor control specialists, explained that this facility will have the terpenes (odor producing compounds) removed from pre -packaged oils they receive. They were available to answer questions from the Commission. VERONICA GOEDHART, director, Office of Special Programs, explained that the City is currently working on revising the ordinance to improve the current one. Ms. Goedhart was available for questions from the Commission. A recess was taken at 2:44 pm. The meeting resumed at 2:50 pm. Chair Woods opened public comments: GRESHAM LOCHNER, owner, Curiously Inc., clarified that no cultivation or extraction will be performed at this facility. He explained that they would purchase cannabis oil from another manufacturer with the terpenes removed prior to receiving product. Although they are not required, they will address the air migration to help alleviate concerns over odor. ARDINE THOMPSON, Escena Neighborhood Organization, chair, expressed concern that they would eventually be impacted by strong odors. She said because the building is old and poorly maintained it will not be completely air -leak proof without extensive remodeling. She said cannabis grow and manufacturing facilities need to be located in new and sealed buildings adjacent to the freeway. JIM GROSS, El Rancho Vista Estates Neighborhood Organization, vice chair, the board is requesting a continuance until the City Council has completed further discussion and provides a better policy. ALANNE TURINA, Escena homeowner, said because this building is old it will have greater odor emissions regardless of upgrades. Ms. Turina stated that the undesirable odors would deteriorate the quality of life and lower property values for the neighborhood. MICHAEL HEADY, Escena resident, spoke about health problems he had when he lived within two miles of a grow house which had the same type of prevailing winds. He had to sell his property at a significant loss due to this issue. JOHN GLUECKERT, Escena resident, urged the Commission to continue the discussion on this project until the City Council has reviewed the cannabis ordinance. JOSEPH MASSARO, Escena resident, he did not receive a notice for this meeting from the city; only received notice from the Neighborhood Organization. He expressed concern with the odor and mass cultivation for this property. LARRY NORTON, Escena resident, said this is one of the worst locations because of numerous surrounding homes, prevailing winds and continuous odor. He spoke in opposition of the project. Planning Commission Minutes July 24, 2019 Page 3 of 5 ROBERT STONE, Escena resident, requested denial of the project or if continued that a condition be added that the developer to be required to submit all applications or leases in this building to come forward to the Commission at the same time. LINDA ATKINS, Escena resident, concurred with previous testimony, spoke in opposition of the location. She noted concern with the location, air quality and decline in property values. DEBBIE MIRAGEAS, Escena resident, requested a continuance on this project until the City Council has reviewed the ordinance. She thinks there will be more cannabis applications for this site. DENISE MAURIN, is not opposed to cannabis but thinks there are better locations that are not located in residential zones. ANDREW GREGO, Escena resident, does not think this is the best location because of the prevailing winds and surrounding neighborhoods. DONNA MAUL, Escena resident, requested a continuance of the project until the City Council has had an opportunity to review all the policy issues. She pointed -out that these are older buildings and according to the odor experts, not all buildings should be treated the same. LES YOUNG, noted concern with the impact this facility will have on adjacent homes (Escena and El Rancho Vista Estates). He said that there are plenty of opportunities to develop these types of facilities in commercial zones that are not adjacent to residential areas. KATHY WEREMIUK, Escena resident, said that the following adjacent uses could be affected by the noxious odors from this facility: air museum, golf course, airport passenger terminals, Escena neighborhood, El Rancho Vista Estates, Montessori School and Stepping Stone school. GRESHAM LOCHNER, (responded to public testimony) clarified that he has no plans to sell a license (not associated with internet listing site called LoopNet). He said they are doing an extensive build -out that needs approval from the Building dept. He re- emphasized that the compound that emits odor (terpenes) will not be used in this facility. There being no further speakers the public hearing was closed. Commissioner Garner: She does not think they can provide an adequate determination until they have received more information on other similar existing sites and how other cities are handling these type of facilities. Planning Commission Minutes July 24, 2019 Page 4 of 5 Commission Donenfeld: He noted that they are reviewing a Type 6 License that has nothing to do with cultivation or dispensary. He said that all the public testimony received has been pertaining to odor. He said that odor is not the issue and they cannot speculate what other cannabis applications will come forward for their review. He said that this applicant has clearly met the all the standards of approval with some changes and spoke in favor of the project. Commissioner Hirschbein: He said this is the most benign facility that has come before them for review in terms of this use. He discussed the conditions he recommended and made a motion of approval. Hirschbein, seconded by Song to approve subject to the added conditions: 1. Cannabis manufacturing at this facility shall be limited to a Type 6 License and shall only use non-volatile solvents at the facility. 2. Applicant shall be required to install a wall in front of roll up doors to prevent the escape of odors from the facility. The new wall shall include one-man door. 3. The use of turpentine oil shall be prohibited in this facility. 4. Delete condition PLN 10 regarding a shower facility. 5. Applicant shall install air curtains at all exterior entrances into the building and at the entrance to the manufacturing room. 6. Applicant shall install fly fans at all entrances. 7. Applicant shall install an in -board wall on existing wall of manufacturing area. 8. Applicant shall install a sheetrock ceiling lid on the manufacturing area. 9. A status update relative to odor control complaints shall be prepared for Planning Commission review after six (6) months of operations. 10. Amend PLN 8 that adds language to restrict terpenes. AYES: Donenfeld, Hirschbein, Song, Moruzzi, Woods NOES: Garner 3. UNFINISHED BUSINESS: None. 4. NEW BUSINESS: None. PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS: • Chair Woods: City Council discussion on Cannabis facilities, recognized Vice Chair Moruzzi and Commissioner Song's contributions to the City and recommends the AAC be allowed to conduct project reviews as necessary. • Commissioner Song: Urged fellow commissioners to attend the City Council meeting to voice their positions on the review process for AAC and Planning Commission. She is recommending that the AAC be allowed to have at least two review opportunities. Planning Commission Minutes July 24, 2019 Page 5 of 5 • Commissioner Hirschbein is opposed to any restrictions on the AAC's review process. • Commissioner Garner provided an update on the recent cannabis stakeholders' meeting. • Vice Chair Moruzzi said that he has attended AAC meetings in the past and there are times when deliberations could be shorter. CITY COUNCIL LIAISON REPORT: Councilmember Middleton said she would recommend that study sessions are allowed under the AAC and the Planning Commission review process of projects and not count towards the two review meetings. She noted that staff, AAC or Planning Commission could initiate the study sessions for preliminary review of projects. PLANNING DIRECTOR'S REPORT: • Principal Planner Robertson reported that the other two cannabis facilities that were referenced during the public hearing portion are not the same projects as Curiously, Inc. He provided an update on a meeting with the owner of TOVA Hotel. ADJOURNMENT: The Planning Commission adjourned at 4:15 pm to its regular meeting at 1:30 pm, Wednesday, September 11, 2019, City Hall, 3200 East Tahquitz Canyon Way. Flinn Fagg, AICP Director of Planning Services