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HomeMy WebLinkAbout24541 RESOLUTION NO. 24541 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION (AMM) GRANTING RELIEF FROM BOTH 500 FEET AND 3,000 FEET SEPARATION DISTANCE REQUIREMENTS BETWEEN CANNABIS FACILITIES AND PARKING RELIEF FOR THE BANK 420 LOUNGE LOCATED AT 296 SOUTH PALM CANYON DRIVE, CASE 7.1573 AMM. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Julie Montante, on behalf of The Bank 420 Lounge, has filed an Administrative Minor Modification (AMM) request pursuant to Sections 93.23.15(C) and 93.23.15(C)(1) of the Palm Springs Zoning Code seeking relief from both 500 feet and 3,000 feet separation distance requirements between cannabis facilities and relief from parking requirements in accordance with PSZC 93.23.15(E) at 296 North Palm Canyon Drive, Zone CBD. B. The PSZC Section 93.23.15(C) provides specific guidelines regarding separation between the two (2) cannabis facilities as measured in a straight line, without regard to intervening structures, from the nearest property line of the property on which the cannabis facilities will be located. C. The 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. The PSZC Section 93.23.15(E) provides specific guidelines relative to parking requirements within the "D" Downtown Parking Combining Zone. The required parking for the Bank 420 Lounge is 130; there are 37 available spaces for the proposed facility. Administrative modifications for this standard may be granted by the City Council pursuant to Section 94.06.01(B) if proper findings can be made E. The proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be categorically exempt pursuant to Section 15301(a) of the CEQA Guidelines (Class 1, Existing Structures). F. Section 94.06.01(13)(2)(a through d) 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: a. The requested minor modification is consistent with the General Plan, applicable specific plan(s) and overall objectives of the zoning ordinance. Resolution No. 24541 Page 2 The applicant's request for relief from the 500 feet and 3,000 feet separation distance requirements between cannabis facilities will not alter the nature of the proposed business. The intent and objectives of the cannabis facility is consistent with the General Plan. The project site is not located within a Specific Plan area; the Palm Springs Zoning Code Section 93.25.15(C) allows such a request at the discretion of the City Council, given that the findings stated in Palm Springs Zoning Code Section 94.06.01(13)(2)(a), (b), (c), and (d) are met. b. 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 and cannabis lounge will be established within an existing vacant commercial/restaurant building adjacent to other commercial developments in the City's downtown. If the separation distance requirement is waived, the Bank 420 Lounge will be required to provide adequate air filtration so as to prevent any detectable odor at the exterior of the premises. The operator shall be required to respond to complaints of odors emanating from the facility and will be required to implement Odor Control measures as specified in Palm Springs Zoning Code Section 93.23.15(F)(5)(h) ("Odor Control"). All the filtration systems installed at the facility will be concealed from general public view in accordance with the Palm Springs Zoning Code Section 93.23.15(F)(5)(g) regulation ("Visibility'). Therefore granting a relief from the 500 feet and 3,000 feet separation distance requirement will not alter the character or adversely affect the neighboring properties. 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 sale of cannabis products at the Bank 420 Lounge will be subject to the regulations stated in Palm Springs Zoning Code Section 93.23.15(F)(5)(c) and (h). The operator of the Facility will be required to provide adequate air filtration so as to prevent any detectable odor at the exterior of the premises. If within twenty-four (24) hours of any complaint concerning odors emanating from or originating within the facility, the operator shall be required to respond to the complaint in question, and shall timely file a written disclosure to the Building Official documenting any and all actions taken and planned to address the odor complaints. In addition, patrons are not permitted to bring in their personal products to the business and all products are required to be consumed at the site. Additionally, the products cannot be removed from the premises unless they are originally sealed, unopened, or repackaged in a container in conformance to the applicable state law and regulation. Therefore, granting a relief from the 500 feet and 3,000 feet separation distance requirement to the facility will not have a detrimental impact on the health, safety, or general welfare of individuals who will be working on the site or in the vicinity. Resolution No. 24541 Page 3 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 or neighborhood. The proposed cannabis dispensary and lounge are permitted uses within the CBD Zone per Palm Springs Zoning Code Section 92.09.01(A)(12)(33). The conformance requirement to the Special Standards for Specified Cannabis Facilities (PSZC §93.23.15) limits suitable locations for such uses. The project site is located within well established commercial areas of the downtown. Cannabis facilities are permitted and consistent uses in the surrounding commercial land uses. Palm Canyon Drive is a City-designated major thoroughfare, the proposed location is easily accessible; the adjacent Indian Canyon Drive is adequate in size to accommodate the traffic the cannabis facility will generate. Finally, the bank building has been vacant for many years, the new use will create an opportunity to renovate and occupy a property that would otherwise remain desolate. Considering these factors, staff finds that the request for relief from the 500 feet and 3,000 feet separation distance requirement are justified for the proposed cannabis facility. Findinas of the Administrative Minor Modification (AMM) — Parking Waiver.- Pursuant to Palm Springs Zoning Code Section 93.25.15(E), the findings in Palm Springs Zoning Code Section 94.06.01(13)(2)(a through d) must be met in order for the City Council to grant approval of this Administrative Minor Modification (AMM) application. The required findings are as follows: a. The requested minor modification is consistent with the General Plan, applicable specific plan(s) and overall objectives of the zoning ordinance. The proposed cannabis facility is short of required parking spaces; however, the site is located within the Downtown Parking Combining Zone, Pursuant to Palm Springs Zoning Code Section 93.23.15(E), parking requirement standards can be modified at the discretion of the City Council through Administrative Minor Modification (AMM) review process. Staff recommends the City Council consider requiring the applicant to make an in-lieu payment for the ninety-three (93) parking spaces to satisfy the off-street parking requirement in accordance with Palm Springs Zoning Code Section 93.06.00(B)(8). A minor modification in this regard is consistent with the intent of the General Plan. b. 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 and cannabis lounge will be established within an existing vacant bank building adjacent to other commercial developments in the City's downtown. The proposed use is short of required parking spaces; 130 spaces are required, the applicant has provided 37 spaces; 93 spaces short of required. Staff has recommended requiring the applicant pay in-lieu fee for Resolution No.24541 Page 4 additional parking spaces to meet the parking requirement in accordance with Palm Springs Zoning Code Section 93.06.00(B)(8). 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 approval of this minor modification is relative to off-street parking requirement. Pursuant to Palm Springs Zoning Code Section 93.23.15(E), parking requirement standards can be modified at the discretion of the City Council through Administrative Minor Modification (AMM) review process. Therefore, granting a relief from the off-street parking requirement to the facility will not have a detrimental impact on the health, safety, or general welfare of individuals who will be working on the site or in the vicinity. 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 or neighborhood. The proposed cannabis dispensary and lounge are permitted uses within the CBD Zone per Palm Springs Zoning Code Section 92.09.01(A)(12)(33). The site is however in deficit of required off-street parking. According to Section 93.23.15(E), of the Code, parking requirement standards can be modified at the discretion of the City Council through Administrative Minor Modification (AMM) review process. In addition, staff has recommended that the City Council consider requiring the applicant make an in-lieu payment for the short 93 parking spaces to satisfy the off-street parking requirement in accordance with Palm Springs Zoning Code Section 93.06.00(B)(8). 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 7.1573 MAA granting relief from both 500 feet separation distance requirements between cannabis facilities and relief from parking requirements for The Bank 420 Lounge, which will be located at 296 North Palm Canyon Drive, subject to the conditions attached as Exhibit A. Resolution No. 24541 Page 6 EXHIBIT A Case 7.1573 AMM The Bank 420 Lounge - 296 South Palm Canyon Drive December 19, 2018 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the Director of Planning Services, the Director of Building and Safety, or the Director of Community and Economic Development, 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 7.1573 AMM, except as modified by the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped December 13, 2018, on file in the Planning Division, except as modified by the conditions below. 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 7.1573 AMM. The City of Palm Springs will promptly notify the applicant of any such claim, action, or 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 Resolution No. 24541 Page 5 ADOPTED THIS 19T" DAY OF DECEMBER, 2018. 7 ?�— David H. Ready, City Manager ATTEST: ony J. ejia, 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. 24541 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 the 19trh day of December, 2018, by the following vote: AYES: Councilmember Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon NOES: None 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 day of Zv i << nthony J. City Clerk Resolution No. 24541 Page 7 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. Grounds for Revocation. Non-compliance with any of the conditions of this approval or with City codes and ordinances may result in proceedings to revoke the approval. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. PLANNING DEPARTMENT CONDITIONS PLN 1. The applicant shall make an in-lieu payment for 93 parking spaces in the amount of $2,400.90 per space for a total of $223,283.70 to satisfy the off- street parking requirement in accordance with Palm Springs Zoning Code Section 93.06.00(B)(8) prior to the establishment and operation of the cannabis lounge. PLN 2. Any signage and exterior modifications to the building shall be first reviewed and approved by the Architectural Advisory Committee (AAC). PLN 3. Air Filtration. The Bank 420 Lounge shall provide adequate air filtration so as to prevent any detectable odor at the exterior of the premises. Within twenty- four (24) hours of any complaint concerning odors emanating from or originating within the facility, the operator shall respond to the complaint in question, and shall timely file a written disclosure to the Building Official documenting any and all actions taken and planned to address the odor complaint. Any failure to timely submit a written disclosure, a more detailed implementation plan and/or performance schedule shall be grounds to start the revocation process of the Conditional Use Permit. PLN 4. Odor Prevention. The facility shall be required to utilize odor prevention devices and techniques in accordance with PSMC Section 5.45.200 and/or 5.55.200, so that cannabis odors are not detectable off-site. Failure to adhere to this condition may require the applicant to further modify or enhance the odor prevention systems, or may result in the revocation of this Conditional Use Permit pursuant to PSZC Section 94.02.00. PLN 5. The applicant shall pay for a consultant hired by the City to review odor mitigation plans and review mechanical systems proposed within cultivation facilities as part of the building plan check process. PLN 6. Recommendations of Consultant. The applicant shall be required to implement all recommendations of City's Consultant prior to issuance of Certificate of Occupancy. END OF CONDITIONS