REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento

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REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento 915 I Street, Sacramento, CA 95814-2671 www.cityofsacramento.

1 REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento 915 I Street, Sacramento, CA PUBLIC HEARING November 20, 2014 To: Members of the Planning and Design Commission Subject: Appeal of Community Health Solutions (Z14-018) A request to operate a medical marijuana dispensary within an existing 4,153 squarefoot suite in a 96,000 square-foot industrial building on a 3.89-acre parcel in the Heavy Industrial (M-2S) zone. A. Environmental Determination: Exempt (per CEQA Guidelines Section Existing Facilities, Infill Development and 15061(b)(3)-No Significant Effect); B. Conditional Use Permit to operate a medical marijuana dispensary in the M-2S zone; and C. Site Plan and Design Review with deviations to waive required parking and for review of exterior changes to the building. Location/Council District: th Street, Suite 750, Sacramento, CA Assessor s Parcel Number Council District 6 Recommendation: Staff recommends the Commission approve the request based on the findings and subject to the conditions listed in Attachment 1 thereby denying the appeal. The Commission has final approval authority over items A-C above, and its decision is not subject to appeal. Contact: Remi Mendoza, Associate Planner, (916) ; Sandra Yope, Senior Planner, (916)

2 Applicant: Michael Doherty, Community Health Solutions, 5714 Folsom Blvd. #150, Sacramento, CA Owner: Mark J. Bixby, (916) , th Street #800, Sacramento, CA Vicinity Map 2

3 Summary: The applicant is requesting to operate a medical marijuana dispensary within an existing 4,153 square-foot suite in a 96,000 square-foot industrial building on a 3.89-acre parcel in the Heavy Industrial (M-2S) zone. The project requires the approval of a Conditional Use Permit and Site Plan and Design Review. The project was approved by the Zoning Administrator and Design Director, and the decision was appealed by a third party (see Attachment 2). The appellant stated that they oppose the proposed use because it is incompatible with the nearby Industrial gas plant, Linde North America, Inc. ( Linde ), and they state the City hasn t properly analyzed the environmental and land use impacts (See Attachment 2). Staff notified all property owners within 300 feet of the site, as well as the Power Inn Alliance, for this public hearing. Table 1: Project Information General Plan designation: Industrial Existing zoning of site: Heavy Industrial (M-2S) zone Existing use of site: Industrial/Warehouse Parking District: Suburban Property area: 169,448 square feet Entitlement History: The Conditional Use Permit application for Community Health Solutions was formally submitted to the Planning Division on March 28, The proposed dispensary would occupy one suite in a multi-tenant warehouse structure in the M-2S zone. Background Information: On November 9, 2010, the Sacramento City Council adopted operating regulations (Revenue Code, Title 5) and a Conditional Use Permit requirement (Title 17) for medical marijuana dispensaries in the City. The Title 5 regulations allowed existing dispensaries desiring to operate in the City to file a Phase One application with the Revenue Division. Thirty-one dispensaries are currently in the permitting process. In addition, Revenue and Planning and Development Code regulations require that medical marijuana dispensaries file for a Conditional Use Permit. The Planning and Development Code lists locational requirements. If the medical marijuana dispensary is located in the C-4, M-1, M-1(S), M-2, or M-2(S) zones, and it complies with the locational requirements, the Conditional Use Permit can be approved by the Zoning Administrator ( ). Community Health Solutions, located in the M-2S zone, met the locational criteria and the Conditional Use Permit was approved by the Zoning Administrator on October 9, Due to the appeal of the decision of the Zoning Administrator, the project is being heard by the commission. Community Health Solutions was formerly located at 1832 Tribute Road. While operating at their former site, they obtained a Planning Commission conditional use permit (P11-044) on August 11, 2011 and operated at this former location with no issues until they closed on September of They are not currently in operation at the subject site on 88 th Street. 3

4 Public/Neighborhood Outreach and Comments: This project was noticed to the Power Inn Alliance. Early notices of the proposal were mailed to property owners within 300-foot radius of the site. The site was posted on November 7, 2014 and all property owners within 300 feet of the subject site and also the Power Inn Alliance were mailed a notification of the public hearing for the proposed project. Concerns raised in letters of opposition to the project include: 1) concern that there is an overconcentration of dispensaries in the Power Inn Area; 2) perceived increases in traffic; and 3) safety and security. Environmental Considerations: The project relates to the application for a Conditional Use Permit and Site Plan and Design Review to operate a medical marijuana dispensary. The dispensary would occupy a currently vacant 4,153 square foot tenant space in a 96,000 square foot warehouse building. The California Environmental Quality Act (CEQA) Guidelines, consistent with statutory directive, include a list of classes of projects which have been determined not to have a significant effect on the environment and which are therefore exempt from the provisions of CEQA. The proposed project qualifies under the Guidelines as an existing use: the operation, permitting, leasing of existing public or private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination. (CEQA Guidelines section 15301) The dispensary proposes to lease a tenant space at the site. The project entails the permitting of existing structures, and is covered by the existing facilities exemption. The proposed project also qualifies under the Guidelines as an infill project (CEQA Guidelines section 15332): The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations. See discussion regarding planning and entitlements. With approval of the Conditional Use Permit the project is consistent with all zoning and general plan regulations. The project is located within the city limits on a site of no more than five acres, substantially surrounded by urban uses. The project site is located on 88 th Street, and is adjacent to industrial uses to the north; recycling/industrial uses to the east; warehouse uses to the south; and industrial/warehouse uses to the west. The project site has no value as habitat for endangered, rare or threatened species. The project site is improved with building and paved parking areas to the east, south, and west. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. No cultivation occurs 4

5 on site, and all activities take place within the confines of the building. The activities involved in stocking and selling the product do not result in any noise or air quality emissions. The applicant has a membership of approximately 3,500 persons, and anticipates approximately 30 to 40 customers per day. The facility would employ four full-time employees (The above information was provided to staff by the operator.) The number of trips that would be generated by the facility is estimated to be about 10 AM peak hour trips (8 trips inbound and 2 trips outbound) and about 15 trips PM peak hour trips (4 trips inbound and 11 trips outbound) assuming this facility would operate as a clinic, as a worst case scenario (ITE Trip Generation Manual, 9 th edition). This number of additional trips would have no substantial impact on 88 th Street, the primary roadway that is used to access the site. The site can be adequately served by all required utilities and public services. The use is allowed within the zone district with a Conditional Use Permit, and there is no substantial evidence that indicates the use would present risk factors for police or fire that would require services above and beyond those normally provided for uses within the district. The CEQA Guidelines provide that a project should not be deemed exempt if there is a reasonable possibility that the project could have a significant effect on the environment due to unusual circumstances. The proposed project site is located in an urban setting, and the only activities on the site would be the retail sale of medicinal marijuana. No growing or cultivation of marijuana would occur on the project site. The zoning for the site is Industrial, and the site is surrounded by industrial uses. No unusual circumstances are present that could result in a significant effect on the environment. The appeal references potential impacts relating to traffic, safety and public health. (Appeal, section I) Appellant asserts, in this regard, that traffic generated by the proposed facility would increase the risk of releases of hazardous materials. As explained in the letter from appellant s legal counsel, this risk occurs not to any materials used by the proposed facility, but to materials controlled by and transported by the appellant. (See Mitchell Chadwick correspondence dated April 25, 2014, pages 3 et seq.) Despite the appellant s assertions, no substantial evidence has been presented that indicates the employees or patrons of the proposed facility would present any greater hazards or risks to the appellant s operations than occurs in the course of present daily operations. The mere assertion of a risk or impact is not substantial evidence. Nor should a project be treated as exempt if it would have cumulative effects that are significant. The project is consistent with the 2030 General Plan land use designation, and any cumulative effects of use of the project site in a manner consistent with the general plan designation, as here, have been considered in the City s Master EIR certified in connection with the adoption of the 2030 General Plan in No substantial evidence that the project could have a significant effect on the environment has been received. The project is, therefore, also exempt from CEQA review based on the general rule that CEQA applies only to projects which have the 5

6 potential for causing a significant effect on the environment. CEQA Guidelines section 15061(b)(3). Policy Considerations: General Plan The 2030 General Plan designation of the subject site is Industrial, which provides for employment generating uses that includes industrial, manufacturing, office, retail, and service uses that provide support to employees. The minimum Floor Area Ratio (FAR) for the Industrial designation is 0.10 and the maximum is The subject site falls within the allowed FAR. The proposed project can be supported based on the following General Plan goals and policies: 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. Design Guidelines Staff believes that the project is generally consistent with the Industrial and Business Park Design Principles. The project proposes only minor exterior changes which consist of removing one existing overhead roll up door and replacing it with a storefront system with an entry door. Project Design: Conditional Use Permit Medical Marijuana Dispensary A medical marijuana dispensary requires the approval of a Conditional Use Permit (PDC Section ). The Planning and Design Commission may approve a Conditional Use Permit based on all of the following findings: A. The proposed use and its operating characteristics are consistent with the general plan; 6

7 B. The proposed use and its operating characteristics are consistent with the applicable standards, requirements, and regulations of the zoning district in which it is located, and of all other provisions of this title and this code; 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; 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; 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; 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; and G. The proposed location, size, and other development standards of the medical marijuana dispensary are consistent with state law and this code. The applicant proposes to operate a medical marijuana dispensary within an existing 4,153 square-foot tenant space within a 96,000 square-foot industrial building on a 3.89-acre parcel in the heavy Industrial (M-2S) zone. Community Health Solutions was properly registered with the City Manager pursuant to Ordinance No The site is surrounded by industrial and warehouse uses. The applicant has provided a radius map that confirms the dispensary is not located within the radius limits of any sensitive uses such as residential dwellings, schools and parks. Staff has also verified the uses within 1,000 feet radius of the site and has not identified any sensitive uses. The closest dispensary, located at 8848 Fruitridge Road, is over 1,000 feet from the site. Community Health Solutions proposes hours of operation are from 10:00 a.m. to 6:00 p.m. daily and the operation is based on a membership system. The dispensary will only sell cannabis to legal patients. Community Health Solutions will not allow on-site consumption of marijuana, which is prohibited under SCC Chapter Members must leave the site and not consume medicine until at home or at another appropriate location. The Police Department has reviewed the security plan for Community Health Solutions and has conditioned for additional security measures for this use. Conditions relating to lighting, landscaping and security cameras were placed on the project. 7

8 Site Plan and Design Review The project requires the approval of Site Plan and Design Review with deviations to waive required parking and for review of exterior changes to the building. The Planning and Design Commission may approve a Site Plan and Design Review entitlements based on all of the following findings: A. The design, layout, and physical characteristics of the proposed development are consistent with the general plan and any applicable specific plan or transit village plan; B. The design, layout, and physical characteristics of the proposed development are consistent with all applicable design guidelines and development standards; C. All streets and other public access ways and facilities, parking facilities, and utility infrastructure are adequate to serve the proposed development and comply with all applicable design guidelines and development standards; D. The design, layout, and physical characteristics of the proposed development are visually and functionally compatible with the surrounding neighborhood; E. The design, layout, and physical characteristics of the proposed development ensure energy consumption is minimized and use of renewable energy sources is encouraged; and F. The design, layout, and physical characteristics of the proposed development 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. Height, Bulk and Setbacks There are no proposed changes to the height, bulk and setbacks for the subject building. Access, Circulation and Parking The main vehicular access to the subject building is via a 88 th Street from the south side of the parcel. The site contains a surface parking lot, with 63 spaces, on the east, south, and west sides of the building. The majority of the uses in the area do not generate a large parking demand and the dispensary currently has 6 existing parking space in front of their tenant space. The 4,153 square feet dispensary requires parking spaces per the retail parking requirements of the Suburban parking district, which is one space per 400 gross square feet of building. Because this new retail use requires a greater off-street parking than the previous industrial designation, the required parking is in an amount equal to the difference between the parking required of the new use (10 spaces) and the parking 8

9 that would have been required of the prior use (4 spaces). Therefore the dispensary requires 6 new parking spaces and is requesting to waive the spaces. The majority of uses in the area do not generate a large parking demand and the dispensary currently has 6 existing parking spaces in front of their tenant space. Planning staff has also visited the site on different occasions and has not observed any parking problem or lack of parking spaces for the building patrons. The dispensary will not utilize the exterior area for any storage or business-related activities, other than for use of vehicular parking. Building Design, Landscaping and Signage The applicant proposes a minimal exterior design change for the subject one-story building. The exterior change consists of removing one existing overhead roll up door and replacing it with a storefront system with an entry door. The floor plan of the dispensary includes the following: a security/check-in area off the main entrance on the south side of the building; a security door opens into the sales area; a corridor connects the sales area to an office, workshop, and staff lounge. At the Zoning Administrator and Design Director hearing, the project was conditioned for one non-illuminated attached sign not exceeding a total aggregate area of one square feet of sign for each front foot of building occupancy on the side of the front door. One detached nameplate sign is allowed on both sides of the existing monument sign. Director Hearing: The project was heard by the Zoning Administrator on September 4, Two speakers, including a representative of the appellant, expressed concern with the project. The Zoning Administrator continued the project to September 18, 2014 so that the applicant could have further discussions with concerned parties. The project was then continued again to October 9, 2014 by the applicant to allow for more discussions with concerned parties. As a result of these discussions the appellant submitted to the City suggested conditions for the project. At the October 9, 2014 hearing the applicant indicated they were in agreement with some, but not all, of the conditions submitted by the appellant. The zoning administrator reviewed every suggested condition with the parties present at the public hearing, incorporating several with modifications and omitting others that she felt were either in appropriate for the City to impose, outside of the scope of the conditional use permit or unnecessary and approved the project with conditions and based on findings of fact. Appeal: An appeal by a third party has been filed (see Attachment 2). The appellant cited that the proposed use would have traffic, safety, and public health issues that would result from the dispensary being located nearby an industrial gas plant (Linde North America Inc.) The proposed use is compatible with the surrounding warehouse and industrial uses. The majority of uses in the area do not generate a large parking demand and the dispensary currently has 6 existing parking spaces in front of their tenant space. The 9

10 use shall comply with security measures conditioned for the project to enhance safety in its operation and for the site. Based on the above, staff is in support of the project. Conclusion: Staff recommends the Planning and Design Commission approve the requested entitlements with the conditions shown in Attachment 1 since the proposed project meets the General Plan goals and policies for the Industrial designation. Furthermore, the proposal, with staff s recommended conditions of approval, is compatible with adjacent developments. Approving the project will deny the appeal. 10

12 Attachment 1 Proposed Findings of Fact and Conditions of Approval Appeal of Community Health Solutions (Z14-018) th Street, Suite 750, Sacramento, CA Findings of Fact A. Environmental Determination: Exempt 1. 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 Commission finds that the Project is exempt from review under Sections (Existing Facilities), (Infill Development) and 15061(b)(3) (No Significant Effect) of the California Environmental Quality Act Guidelines, as follows: a. The project consists of the operation of an existing private structure involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination; b. The project complies with all applicable policies of the General Plan, as well as with the applicable zoning regulations; c. The proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses; d. The project site has no value as habitat for endangered, rare or threatened species; e. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; f. The site can be adequately served by all required utilities and public services; g. There are no unusual circumstances that would result in a significant effect; and h. The cumulative effects of the project have been evaluated in the Master Environmental Impact Report (EIR) prepared for the 2030 General Plan. The project would not have a significant effect on the environment. 12

13 B. The Conditional Use Permit to operate a medical marijuana dispensary in the M-2S zone is approved based on the following findings: 1. The proposed use and its operating characteristics are consistent with general plan, in that: The operation of the dispensary (retail) is consistent with the types of uses located in the Industrial General Plan designation and with general plan policies. 2. The proposed use and its operating characteristics are consistent with the applicable standards, requirements, and regulations of the zoning district in which it is located, and of all other provisions of this title and this code, in that: The dispensary is located in the M-2S 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. 3. 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, in that: The project has been analyzed by City departments and it has been determined that all streets and other public access ways and parking facilities, and utility infrastructure are adequate to serve the proposed use. 4. 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, in that: The dispensary is located in an area surrounded by industrial and warehouse uses, and the operation will take into consideration the surrounding uses. Security measures will be put in place at the dispensary to deter crime and to protect the safety and welfare of patients and the surrounding properties. 5. 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, in that: The dispensary will provide, as conditioned, several security measures, including a surveillance system that monitors the interior of the building, the parking lot, and the adjacent public right of way. The dispensary will have an on-site operations manager and security guard at all hours of operation. 6. The medical marijuana dispensary will not cause secondary criminal or public nuisance impacts in the surrounding area or neighborhood, 13

14 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, in that: It is not anticipated that the operation of the dispensary will result in excessive number of calls to law enforcement. In addition to the security measures discussed above, the dispensary will post No Trespassing / No Loitering signage on the property, and is responsible for reasonably controlling the conduct of persons on the site and shall immediately disperse loiterers. 7. 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. C. The Site Plan and Design Review for building and site improvements to a commercial property is approved based on the following findings: 1. The design, layout, and physical characteristics of the proposed development are consistent with the General Plan designation of Industrial. The use is being located in an existing building that was originally constructed in the 1980s. 2. The design, layout, and physical characteristics of the proposal are consistent with all applicable Design Guidelines and Development Standards or, if deviations from design guidelines or development standards are approved, the proposed development is consistent with the purpose and intent of the applicable design guidelines and development standards and no physical changes to the property are proposed. 3. The infrastructure is adequate to serve the proposed development and comply with all applicable design guidelines and development standards. 4. The design, layout, and physical characteristics of the proposed development are visually and functionally compatible with the surrounding neighborhood which includes a mix of industrial and warehouse uses. 5. The design, layout, and physical characteristics of the proposed development ensure energy consumption is minimized and use of renewable energy sources is encouraged. 6. The design, layout, and physical characteristics of the proposed development 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 in that: a. The uses onsite and in the area do not utilize the majority of available parking both onsite and in the area; and 14

15 Conditions of Approval b. There are parking spaces available in front of the tenant space. B/C. The Conditional Use Permit to operate a medical marijuana dispensary in the M-2S zone and the Site Plan and Design Review for exterior changes with a deviation to waive required parking are hereby approved subject to the following conditions: Planning Division: B/C1. B/C2. B/C3. B/C4. B/C5. B/C6. B/C7. Any modifications to the attached plans shall be subject to review and approval by Planning Division staff and may require subsequent entitlements prior to the issuance of building permits. The applicant/operator of the dispensary shall comply with the security plan on file with the Revenue Division. One attached non-illuminated sign is allowed on the same side as the main entrance for the dispensary. Said sign shall not exceed a total aggregate area of one square feet of sign for each front foot of building occupancy on the side of the front door. One detached nameplate sign is allowed on both sides of the existing monument sign. Applicant shall obtain any required sign permits. An armed and properly permitted security officer shall be on site every day of operations during, as well as one hour before and after, operating hours. A minimum of one guard shall ensure that customers of Community Health Solutions do not loiter in or near the 88 th Street cul de sac area and will regularly patrol the cul de sac. 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. The dispensary will also provide this information in writing to the adjacent business and property owners in the 88 th Street cul de sac along with a copy of the rules of conduct agreed to by members of the dispensary. This information shall be sent prior to opening the dispensary and a copy shall be given to planning staff. The conditional use permit is only for the 4,153 square foot tenant space. A building permit is required for all proposed work and/or any work that was previously done without a permit. Police Department: Mechanical Security B/C8. Business shall be equipped with a monitored burglary alarm system with 15

16 private security response. B/C9. 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. B/C10. 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. B/C11. Height markers are required on the interior doorway. B/C12. Any new or replacement fences shall be of tubular steel, no climb type. Security Cameras B/C13. Recorded Video Assessment and Surveillance System (VASS) shall be employed. B/C14. Cameras and VASS storage shall be digital high definition or better. B/C15. VASS storage shall be kept off-site or in a secured area accessible only to management. B/C16. VASS shall support standard MPEG formats. B/C17. VASS shall be capable of storing no less than 30 days worth of activity. B/C18. Manager with access to VASS storage shall be able to respond within 30 minutes during business hours. B/C19. Manager shall have the ability to transfer recorded data to another medium (e.g. DVD, thumb drive, etc.). B/C20. VASS Shall provide comprehensive coverage of: all points of sale safe manager s office areas of ingress and egress marijuana placement areas parking lot loading areas coverage of South, East, and North exterior sides of the property at least one camera shall be positioned to get a front face shot (e.g. height strip camera) 16

17 B/C21. Cameras shall be equipped with low light capability, auto iris and auto focus. B/C22. Cameras shall be equipped with low light capability, auto iris and auto focus. Additional Conditions B/C23. The name and address of the store shall be printed on any receipts. B/C24. No public pay phones/telephones shall be allowed on the premises. B/C25. No coin operated games or video machines shall be allowed on the premises. B/C26. All dumpsters shall be kept locked. B/C27. Any graffiti painted or marked upon the premises or on any adjacent area under control of the applicant shall be removed or painted over within 72 hours of being applied. B/C28. The applicant shall be responsible for the daily removal of all litter from the site. B/C29. No manufacturing of Butane Honey Oil (BHO) or other, similar substances on the premises. B/C30. 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. B/C31. The applicant is responsible for reasonably controlling the conduct of persons on the site and shall immediately disperse loiterers. B/C32. Retail sales shall be limited to the hours between 10 AM and 6 PM Landscaping B/C33. All landscaping should 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. B/C34. The landscaping plan shall allow for proper illumination and visibility regarding lighting and surveillance cameras through the maturity of trees and shrubs. 17