HomeMy WebLinkAbout24405 RESOLUTION NO. 24405
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN
ADMINISTRATIVE MINOR MODIFICATION GRANTING
RELIEF FROM THE SEPARATION DISTANCE
REQUIREMENT OF SIX HUNDRED (600') FEET FOR A
CANNABIS DISPENSARY TO A PUBLIC PARK LOCATED
AT SUITE D, 3700 EAST VISTA CHINO ROAD.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Kort Potter, Owner — Leef Industries LLC, has filed an Administrative Minor
Modification (AMM) request pursuant to Sections 93.23.15(C)(4)(c), and 93.23.15(C) of
the Palm Springs Zoning Code seeking relief from the minimum separation distance
requirement of six hundred (600') feet from a cannabis dispensary to a public park
located at Suite D, 3700 East Vista Chino Road, Zone M-1-P, Section 6, APN 677-040-
027 (Case 7.1552 AMM).
B. The 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 the nearest property line of a public park. The measured distance from the
property with APN # 677-040-027 (3700 East Vista Chino Road) is one hundred (170')
feet to the property with APN # 677-250-062 (City Park).
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 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).
E. Section 94.06.01(B)(2)(a-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.
There is no General Plan Policy that would be adversely affected by this
modification nor are there any specific plans associated with this property. The
Resolution No. 24405
Page 2
Palm Springs Zoning Code (PSZC), Section 94.06.01(B)(2)(a-d) specifically
allows for the requests and the finding has been met.
b. The neighboring properties will not be adversely affected as a result of the
approval or conditional approval of the minor modification.
The request to reduce the required separation distance of six hundred (600) feet
to one hundred seventy (170') feet from a cannabis dispensary to a public park
will not adversely affect the surrounding properties. The immediate adjacent
parcels are commercial or industrial uses and will not be impacted by the retail
dispensary. The Sossa Plaza is an in-line shopping center with a mix of retail
uses sharing a common parking lot. The front fagade of the dispensary will not
be altered and will be consistent with the other retail stores in the center and the
finding has been met.
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; and
All building and renovations will be built to the Uniform Building Code, and Palm
Springs Zoning Code as modified by this Administrative Minor Modification, and
Fire Code.
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 intersecting Major Thoroughfares comprised of East Vista Chino Road and
North Gene Autry Trail provide a barrier which separates the uses of the four
corner quadrants. The 1.72-acre public park located in the southwest corner of
the intersection which is diagonal from the Sossa Plaza is one hundred seventy
(170') feet away as measured from the property line to property line. The
distance from the front door of the dispensary to the City Park is approximately
three hundred (300') feet. The relief from the distance requirement is justified
due to environmental features with the presence of the Major Thoroughfares
which separates and contains the uses to each perspective corner. Based upon
this determination the finding has been met.
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 7.1552 MAA granting relief from the separation distance requirement to
place a 1,200-square foot cannabis dispensary within one hundred seventy (170') feet
from a public park subject to the conditions of approval stated below:
Resolution No. 24405
Page 3
1. Allow a cannabis dispensary within one hundred seventy (170') feet of a
public park with the address of Suite D, 3700 East Vista Chino Road.
2. Administrative Minor Modification grants a deviation of four hundred thirty
(430') feet separation distance from a cannabis dispensary to a public
park.
ADOPTED THIS 18th DAY OF APRIL, 2018.
David H. Ready, Esq.,
City Manager
A EST:
Anth y J. a ia, MM
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. 24405 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 April 18, 2018, by the following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, 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 3,� day of NId
6ityAAt ony ejia,Clerk