REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento

Transcription

1 REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento 915 I Street, Sacramento, CA www. CityofSacramento.org 11 To: Members of the Planning and Design Commission PUBLIC HEARING November 20, 2014 Subject: Greenstone (P14-048) A request to operate a 5,996 square foot medical marijuana dispensary located in the Light Industrial (M-1) zone. A. Environmental Determination: Exempt per CEQA Guidelines Section (Existing Facilities); B. Conditional Use Permit to operate a medical marijuana dispensary on approximately 0.81 acres in the Light Industrial (M-1) zone. Location/Council District: 1841El Camino Avenue, Sacramento, CA Assessor s Parcel Number: Council District: 2 Recommendation: Staff recommends the Planning and Design Commission approve the project based on the findings and subject to the conditions listed in Attachment 1. Staff received two telephone calls of concern for the proposal from property / business owners within close proximity to the project site; however, staff does not consider this item to be controversial at this time. Contact: Remi Mendoza, Associate Planner, (916) Lindsey Alagozian, Senior Planner, (916) Applicant: Mike Tomada, c/o CA Capitol Solutions LLC, 455 Capitol Mall, Suite 802, Sacramento, CA Applicant s Representative: Max Del Real, California Capitol Solutions, 455 Capitol Mall, Suite 802, Sacramento, CA Architect: Michael F. Malinowski, AIA, Applied Architecture Inc., 2550 X Street, Sacramento, CA Owner: Lino Catabran, LCAT, LLC, 5291 Garden Hwy, Sacramento, CA,

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3 Summary: The applicant is requesting to operate a medical marijuana dispensary within a 5,996 square foot building on 0.81 acres in the Light Industrial (M-1) zone. The project site is located at the northwest corner of the intersection of El Camino Avenue and Albatross Way. Table 1: Project Information General Plan designation: Suburban Center Existing zoning of site: Light Industrial (M-1) Existing use of site: Auto Sales Property area: 35,200 square feet or 0.81 acres Background Information: On November 9, 2010, the Sacramento City Council adopted ordinances developing operating regulations in the Revenue Code (Title 5) and a conditional use permit requirement in the Planning and Development Code (Title 17) for medical marijuana dispensaries in the City. The Title 5 regulations allowed only existing dispensaries operating in the City to file an application with the Revenue Division for a medical marijuana dispensary. Greenstone is one of the 34 dispensaries permitted to continue in the Revenue permitting process. In addition, the Revenue and Planning and Development Code regulations require that medical marijuana dispensaries file for conditional use permits. Title 17 lists distance requirements from sensitive uses, however, they do not apply if the dispensary qualifies as a registered medical marijuana dispensary operating in its original location as defined by the Planning and Development Code. A registered medical marijuana dispensary is required to obtain their conditional use permit from the Planning and Design Commission. This dispensary meets the qualifications of a Title 17 registered medical marijuana dispensary, therefore the distance requirements do not apply. Greenstone seeks to reopen its city-registered medical marijuana dispensary at 1841 El Camino Avenue. Greenstone previously operated at this site, formerly known as One Love Wellness, from 2009 to The subject site is in the Light Industrial (M-1) Zone, which is intended for light industrial and commercial uses. Medical marijuana dispensaries are allowed in this zone with the approval of a conditional use permit. The conditional use permit must be approved by the Planning and Design Commission because the site is located less than 1000 feet of a school. Surrounding Uses: The area is composed of a mixture of industrial, commercial, and residential uses. This Babcock Elementary School and the Higher Learning Academy are located between 600 feet and 1000 feet of the subject site. However, Greenstone has been properly registered with the City Revenue Division, therefore the distance requirements do not apply. Public/Neighborhood Outreach and Comments: An early notice regarding the project proposal was mailed to property owners within 300 feet of the dispensary on October 8, Staff also sent application information to the Swanston Estates Neighborhood Association. A public hearing notice was sent to property owners within 3

4 300 feet of the subject site and the site was posted. On November 11, 2014 the dispensary hosted an open house which was attended by twelve guests. To date the city has received two phone calls from nearby property owners who expressed a concern that this project could lead to an increase in burglaries and loitering. Staff indicated that the project would be conditioned appropriately to address safety and security. Environmental Considerations: The Community Development Department, Environmental Planning Services Division has reviewed this project and determined that it is exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 1, Section 15301, Existing Facilities. The project consists of the operation of a commercial service within an existing facility, involving no expansion of use. There would no additional significant cumulative effect that was not evaluated in the Master EIR for the 2030 General Plan. The project would have no significant effect on the environment. Policy Considerations: General Plan: The subject site is designated as Suburban Center on the General Plan Land Use and Urban Form Diagram. This designation provides for predominantly nonresidential, lower-intensity single-use commercial development or horizontal and vertical mixed-use development that includes: retail, service, office, and/or residential uses, central public gathering places, and compatible public, quasi-public, and special uses. The following General Plan Policies support the project: PHS Healthy Communities. The City shall encourage the planning of new communities and revitalization of existing urban areas to achieve improvements in overall public health by encouraging a healthier living environment that includes walkable neighborhoods, access to recreation and open space, healthy foods, medical services, and public transit. PHS Safe and Fair Practices. The City shall maintain safe and fair business operations and ensure the health and safety of the general public through enforcement of State and local health and safety statues and codes. PHS Development Review. The City shall continue to include the Police Department in the review of development projects to adequately address crime and safety, and promote the implementation of Crime Prevention through Environmental Design principles. Overall, the proposal is consistent with the intent of the Suburban Corridor designation and policies. Land Use: The applicant proposes to establish a medical marijuana dispensary in an existing building located in the Light Industrial (M-1) zone. The proposed hours of 4

5 operation are 9 a.m. to 9 p.m. every day. Greenstone currently has approximately 10,000 members registered with their collective. The applicant estimates they will serve between 100 to 150 members per day. Greenstone, formerly One Love Wellness, occupied the building from 2009 until Currently there is an auto dealership on the site that will be vacating the property in the future. The Applicant is not requesting to modify the exterior of the building or the parking lot. The floor plan of the dispensary includes the following: a patient entrance on the east side of the building; reception and lobby areas; office areas; restrooms; processing area; sales area; break room; and storage and production areas. Greenstone proposes to have several security measures in place. The entrance into Greenstone will be monitored at all times, and security personnel control access to and from the facility. The facility will have a video surveillance system to monitor all interior and exterior activity and burglary alarm system will be installed. The internal and external areas will be well lit and there will be a buzz in electronic mechanical entry system between the waiting room and the display area to control access into the retail area. The Police Department has reviewed the security plan for Greenstone and has conditioned the implementation of appropriate security measures for this use including additional lighting both inside and outside of the building. Additionally, the Police Department has no objection to the proposed location. Once the operations are established, the Police Department will conduct a site visit and provide an evaluation of the security measures in place. Access, Circulation and Parking The proposed medical marijuana dispensary is located in the traditional parking district. The parking requirement for a medical marijuana facility is the same as for a retail store. In the suburban district, retail stores are required to provide 1 space per 400 square feet of building. The proposed dispensary is 5,996 square feet, thus requiring 16 parking spaces. The proposed dispensary will provide 40 parking spaces on site, exceeding the minimum parking requirement. Staff recommends the applicant provide non-permanent landscape planters throughout the parking area to further enhance the streetscape and the parking lot. Building Design The existing building was constructed in 1959 and is a one-story L-shaped masonry structure with the front lobby area with a storefront glass. No exterior modifications or site improvements are proposed as a part of this project. The applicant is required to obtain building permits to complete any improvements Signs have not been proposed for the facility. Staff recommends that the dispensary be limited to one non-illuminated attached sign and one non-illuminated low profile detached monument sign with a maximum height of four feet. 5

6 Required Findings of Fact In evaluating conditional use permit proposals of this type, the Planning and Design Commission is required to make the following findings: a. The proposed use and its operating characteristics are consistent with the general plan in that the operation of a dispensary (retail) is consistent with the types of uses located in the Suburban Center General Plan designation. b. The proposed use and its operating characteristics are consistent with the applicable standards, requirements, and regulations of the zoning district in which it will be located, and of all other provisions of this title and this code. The dispensary will be located in the M-1 zone and is allowed to apply for a conditional use permit because it has been properly registered with the City. The Title 5 dispensary permit subjects the facility to routine monitoring to assure that it is operating consistent with Title 5 requirements and planning conditions of approval. c. The proposed use is situated on a parcel that is physically suitable in terms of location, size, topography, and access, and that is adequately served by public services and utilities. The project has been analyzed by City departments and it has been determined that all streets and other public access ways and facilities, and utility infrastructure are adequate to serve the proposed development. d. The proposed use and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance. The dispensary is located in an area surrounded by commercial, industrial, and residential uses, and will be operated to take into consideration the surrounding uses. Security measures will be in place at the dispensary to deter crime and to protect the safety and welfare of patients and the surrounding properties. e. The medical marijuana dispensary will not generated an excessive number of calls for police service compared to similarly situated businesses of the same size as the dispensary. The dispensary will provide security measures, including a surveillance system that monitors the interior operation and all areas of the site, including parking areas and all entrances and exits to the building. Also, the dispensary will have an on-site operations manager and a security guard during all hours of operations. 6

7 f. The medical marijuana dispensary will not cause secondary criminal or public nuisance impacts in the surrounding area or neighborhood, including, but not limited to, disturbances of the peace, illegal drug activity, marijuana use in public, harassment of passersby, littering, loitering, illegal parking, loud noises, or lewd conduct. It is not anticipated that the operation of this dispensary will result in an excessive number of calls to law enforcement. In addition to the security measures discussed above, the medical marijuana dispensary will post signs in conspicuous locations inside the dispensary to inform customers of prohibited activities, such as the following: There is to be no smoking, ingesting, or consuming of marijuana on the site or within twenty feet of the dispensary; juveniles are prohibited from entering the property unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or legal guardian; and the sale of marijuana and the diversion of marijuana for non-medical purposes are violations of state law. g. The proposed location, size, and other development standards of the medical marijuana dispensary are consistent with state law and this code (Ord ; Ord ). The proposed location, size and other development standards of the medical marijuana dispensary are consistent with state law, SCC Chapter 5.150, and the Planning and Development Code Recommendation: Staff recommends the Commission approve the requested conditional use permit based on the findings of fact and subject to the conditions of approval listed in Attachment 1 because the project is consistent with the General Plan designation of Suburban Center, the Light Industrial (M-1) zone and has been reviewed and conditioned by the Police Department for the implementation of appropriate security measures. 7

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9 Findings of Fact Attachment 1 Proposed Findings of Fact and Conditions of Approval Greenstone Medical Marijuana Dispensary (P14-048) 1841 El Camino Avenue A. Environmental Determination: Based on the determination and recommendation of the City s Environmental Planning Services Manager and the oral and documentary evidence received at the hearing on the Project, the Planning and Design Commission finds that the Project is exempt from review under Section (Existing Facilities) of the California Environmental Quality Act. The project consists of the operation of a medical marijuana dispensary within an existing building, involving no expansion of use beyond that existing. There would be no additional significant cumulative effect that was not evaluated in the Master EIR for the 2030 General Plan. The project would have no significant effect on the environment. B. The Conditional Use Permit to operate a medical marijuana dispensary is approved subject to the following Findings of Fact: a. The proposed use and its operating characteristics are consistent with the general plan in that the operation of a dispensary (retail) is consistent with the types of uses located in the Suburban Center General Plan designation. b. The proposed use and its operating characteristics are consistent with the applicable standards, requirements, and regulations of the zoning district in which it will be located, and of all other provisions of this title and this code. The dispensary will be located in the M-1 zone and is allowed to apply for a conditional use permit because it has been properly registered with the City. The Title 5 dispensary permit subjects the facility to routine monitoring to assure that it is operating consistent with Title 5 requirements and planning conditions of approval. c. The proposed use is situated on a parcel that is physically suitable in terms of location, size, topography, and access, and that is adequately served by public services and utilities. The project has been analyzed by City departments and it has been determined that all streets and other public access ways and facilities, and utility infrastructure are adequate to serve the proposed development. d. The proposed use and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance. 9

10 The dispensary is located in an area surrounded by commercial, industrial, and residential uses, and will be operated to take into consideration the surrounding uses. Security measures will be in place at the dispensary to deter crime and to protect the safety and welfare of patients and the surrounding properties. e. The medical marijuana dispensary will not generate an excessive number of calls for police service compared to similarly situated businesses of the same size as the dispensary. The dispensary will provide security measures, including a surveillance system that monitors the interior operation and all areas of the site, including parking areas and all entrances and exits to the building. Also, the dispensary will have an on-site operations manager and a security guard during all hours of operations. f. The medical marijuana dispensary will not cause secondary criminal or public nuisance impacts in the surrounding area or neighborhood, including, but not limited to, disturbances of the peace, illegal drug activity, marijuana use in public, harassment of passersby, littering, loitering, illegal parking, loud noises, or lewd conduct. It is not anticipated that the operation of this dispensary will result in an excessive number of calls to law enforcement. In addition to the security measures discussed above, the medical marijuana dispensary will post signs in conspicuous locations inside the dispensary to inform customers of prohibited activities, such as the following: There is to be no smoking, ingesting, or consuming of marijuana on the site or within twenty feet of the dispensary; juveniles are prohibited from entering the property unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or legal guardian; and the sale of marijuana and the diversion of marijuana for non-medical purposes are violations of state law. g. The proposed location, size, and other development standards of the medical marijuana dispensary are consistent with state law and this code (Ord ; Ord ). The proposed location, size and other development standards of the medical marijuana dispensary are consistent with state law, SCC Chapter 5.150, and the Planning and Development Code 10

11 Conditions of Approval Planning B. The Conditional Use Permit to operate a medical marijuana dispensary in the Light Industrial (M-1) zone is approved subject to the following Conditions of Approval: 1. Any modification to the attached plans shall be subject to review and approval by Planning Division staff prior to the issuance of building permits. 2. The applicant/operator of the dispensary shall comply with the security plan on file with the Revenue Division. 3. Good Neighbor information shall be posted near the front entrance of the dispensary to provide the contact information for the dispensary s Office Manager and the City s Zoning Investigator. 4. Any signs for the dispensary shall be required to obtain the necessary sign permits. The dispensary shall be limited to one non-illuminated attached sign and one non-illuminated low profile detached monument sign with a maximum height of four feet. 5. The dispensary operators shall be responsible for the daily removal of all litter from their site and adjacent rights of way. 6. The applicant shall install and maintain landscaped planters throughout the parking area (non-permanent planters are acceptable). Final planter plan shall be subject to staff review and the plants shall be in place prior to operation of the facility. Building 7. A building permit will be required for all work being proposed or work that has been previously done without a permit and all work must comply with the 2010 California Code of Regulations, Title 24 and comply with ADA requirements. Police: The following conditions shall be included in the security plan unless modified by the Police Department. Lighting 8. Exterior lighting shall be white light (e.g. metal halide, LED, fluorescent, or induction) using cut off or full cut off fixtures to limit glare and light trespass. Exterior lighting shall be maintained and operational and shall meet IESNA standards. 11

12 Landscaping 9. All landscaping shall follow the two foot six foot rule. All landscaping should be ground cover, two feet or less and lower tree canopies should be above six feet. This increases natural surveillance and eliminates hiding areas within the landscape. Tree canopies should not interfere with or block lighting. This creates shadows and areas of concealment. 10. The landscaping plan shall allow for proper illumination and visibility regarding lighting and surveillance cameras through the maturity of trees and shrubs. Mechanical Security: 11. Business shall be equipped with a monitored burglary alarm system with private security response. 12. UL listed central station silent robbery alarm system shall be employed at all points of sale, the manager s office, and near the safe(s). Cellular back-up is recommended. 13. All solid core exterior doors shall be equipped with a 180 degree viewing device to screen persons before allowing entry, and shall remain locked at all times except for emergencies and deliveries. 14. Height markers are required on the interior doorway. 15. Fences shall be of tubular steel, no climb type. Security Cameras: 16. Recorded Video Assessment and Surveillance System (VASS) shall be employed. 17. Cameras and VASS storage shall be digital high definition or better. 18. VASS storage shall be kept off-site or in a secured area accessible only to management. 19. VASS shall support standard MPEG formats. 20. VASS shall be capable of storing no less than 30 days worth of activity. 21. Manager with access to VASS storage shall be able to respond within 30 minutes during business hours. 12

13 22. Manager shall have the ability to transfer recorded data to another medium (e.g. DVD, thumb drive, etc.). 23. VASS shall provide comprehensive coverage of: all points of sale safe manager s office areas of ingress and egress marijuana placement areas parking lot areas not clearly visible from public streets coverage of all four (4) exterior sides of the property adjacent public rights of way at least one camera shall be positioned to get a front face shot (e.g. height strip camera) 24. Cameras shall be equipped with low light capability, auto iris and auto focus. 25. Television style monitors shall be mounted in a visible location near the entrance so that patrons can clearly see that their activities are being monitored. Organized Security: 26. An armed and properly permitted security officer shall be on site at all times during operation. Additional Conditions 27. Windows shall remain uncluttered with no advertising to allow for natural surveillance. 28. The name of the store shall be printed on any receipts. 29. No public pay phones/telephones shall be allowed on the premises. 30. No coin operated games or video machines shall be allowed on the premises. 31. The applicant shall post the property No Trespassing and No Loitering. The applicant shall designate a properly permitted and approved private patrol company as agent for trespass. 32. The applicant is responsible for reasonably controlling the conduct of persons on the site and shall immediately disperse loiterers. 33. All dumpsters shall be kept locked. 13

14 34. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within 72 hours of being applied. 35. The applicant shall be responsible for the daily removal of all litter from the site and adjacent rights of way. 36. No manufacturing of Butane Honey Oil (BHO) or other, similar substances on the premises. Advisory Notes: ADV1. City of Sacramento permits must be obtained for private patrol and alarm and camera systems. ADV2. Any future exterior modifications or site improvements will require site plan and design review approval prior to building permits. 14

15 Subject: Greenstone (P14-048) November 20, 2014 Exhibit A : Neighborhood Context Map 15

16 Subject: Greenstone (P14-048) November 20, 2014 Exhibit B: Site Plan 16

17 Subject: Greenstone (P14-048) November 20, 2014 Exhibit C: Floor Plan 17

18 Subject: Greenstone (P14-048) November 20, 2014 Exhibit D: Elevation Photos 18

19 Subject: Greenstone (P14-048) November 20, 2014 Attachment 2: Aerial / Zoning Map 19

20 Attachment 3: Phase 2 Medical Marijuana Dispensary Locations November