CITY OF SACRAMENTO COMMUNITY DEVELOPMENT DEPARTMENT ZONING ADMINISTRATOR 300 Richards Blvd, 3rd Floor, Sacramento, CA 95811

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1 CITY OF SACRAMENTO COMMUNITY DEVELOPMENT DEPARTMENT ZONING ADMINISTRATOR 300 Richards Blvd, 3rd Floor, Sacramento, CA ACTION OF THE ZONING ADMINISTRATOR On Thursday, October 16, 2014, the Zoning Administrator approved with conditions a Conditional Use Permit for a Medical Marijuana Dispensary which meets the locational requirements, for the project known as file Z Findings of Fact and conditions of approval for the project are listed on pages 4 through 8. Request: Zoning Administrator Conditional Use Permit for an approximately 2,600 square-foot Medical Marijuana Dispensary within an existing 39,600 square-foot industrial/office structure located in the Light Industrial Planned Unit Development (M-1-PUD) zone and which meets the locational requirements, on a parcel of approximately 5 acres. Location: 135 Main Avenue (District 2) Assessor's Parcel Number: Applicant: Safe Capitol Compassion Cooperative, Inc. c/o Crystal Schmidt 135 Main Avenue Sacramento, CA Property Owner: BBC Property Holdings I, LLC 518 Bolsa Avenue Newport Beach, CA Project Planner: David Hung General Plan Designation: Community Plan Area: Parking District: Design Review Area: Existing Land Use of Site: Existing Zoning: Employment Center Low Rise North Sacramento Traditional Citywide SPDR Industrial Light Industrial Planned Unit Development (M-1-PUD) Surrounding Land Use and Zoning: North: M-1-PUD Industrial South: Main Avenue Street East: M-1-PUD Industrial West: M-1-PUD Industrial

2 Page 2 Required Setback: Existing Setback: South (Front): None (per PUD) 75 East (Interior Side): None (per PUD) 77 North (Rear) None (per PUD) 260 West (Interior Side): None (per PUD) 132 Property Dimensions: Property Area: Building Size: Parking Required: Parking Provided: Topography: Street Improvements: Utilities: Irregular Approximately 5 acres Approximately 39,600 square feet (total) 45 spaces (2,600 sq. ft. retail; 14,400 sq. ft. office; 22,600 sq. ft. warehouse = ) 95 spaces Flat Existing Existing Project Plans: See Exhibits A through E Previous Files: None Additional 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 only 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. All final dispensary permits from the Revenue Division must be obtained by December 31, 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 ( ). The dispensary must meet the locational criteria that include various distances from several sensitive and other uses. The project site is located in an industrial area in the Light Industrial Planned Unit Development (M-1-PUD) zone. The Hansen Industrial Park Planned Unit Development Guidelines do not contain any prohibition on the proposed use. The site is surrounded by industrial and commercial 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. Safe Capitol Compassion has been operating at the current site for approximately two-and- a- quarter years. The dispensary was previously operating at another location under another name and which closed in The medical marijuana dispensary is a tenant within the subject 39,600 square-foot structure on the site; the building has a combination of warehouse and office spaces. The dispensary is currently operating at a space at the northeast corner of the building but is proposing per this application to relocate to the southwest corner of the building. The floor plan of the dispensary includes the following: a lobby area off the entrance on the west side of the building, a waiting room off the lobby which has a door that separates it

3 Page 3 from the dispensary room. The tenant space also includes two offices, an IT Room, and restrooms. The proposed hours of operation are from 10:00 a.m. to 7:00 p.m. Monday to Saturday. The dispensary currently has a membership of approximately of several thousand members. The dispensary has an on-site manager and a security guard at the entrance who also patrols the site. The dispensary will not be allowed to use any of the exterior area for storage or business-related activities, other than for use of vehicular parking and pedestrian circulation. The applicant is not proposing any changes to the structure as part of the application. The dispensary requires off-street parking per the retail parking requirements of the traditional parking district, which is one space per 500 square feet of building. Since the proposed dispensary space is approximately 2,600 square feet, a total of five spaces are required for the use. The remaining areas of the building, with 14,400 square feet of office and 22,600 square feet of warehouse use, will require a total of 40 spaces based on the respective parking ratio for the uses in the traditional parking district. There are 95 existing striped parking stalls within the parking lot on the site, including handicap accessible stalls in front of the dispensary space; therefore, the site is providing sufficient parking for the dispensary and other uses. Per the traditional parking district, the addition of the dispensary will require two long-term and two short-term bicycle parking spaces. No changes are proposed to the existing site. The Police Department has reviewed the security plan and has conditioned for additional security measures. The zoning investigator assigned to the dispensary site has not observed any issues with the operation, such as suspicious activities. Planning staff also visited the site on several occasions and did not observe any issues with the operation; it was observed that the security guard conducted foot patrol of the parcel and picked up litter. This project was early noticed to the Robla Park Community Association. Early notices were mailed to property owners within 300-foot radius of the site regarding the proposal. The site was posted and all property owners within 300 feet of the subject site and also the neighborhood association were mailed a notification of the public hearing for the proposed project. Staff has not received any opposition for the project. Zoning Administrator Hearing: The project was continued by the Zoning Administrator on the September 25, 2014 hearing to the October 1, 2014 hearing, and then from the October 1, 2014 hearing to the October 16, 2014 hearing to allow additional time to finalize the floor plan. At the October 16, 2014 hearing the Zoning Administrator approved the project; no neighbors attended the hearing. Agency Comments: The proposed project has been reviewed by the City s Public Works Department, the Police Department, the Building Division and other city and outside agencies. Any comments that have been received pertaining to the proposed project have been included as conditions of approval. Environmental Determination: The Community Development Department, Environmental Planning Services Division has reviewed this project and determined that this is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections (Existing Facilities), (Infill Development), and 15061(b)(3) (No Significant Effect) of the CEQA Guidelines. The project involves operation at an existing industrial building, involving no expansion of use beyond that existing at the time of the lead agency s determination. The proposed project also qualifies under the Guidelines as an infill project since a) 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; b) the project is located within

4 Page 4 the city limits on a site of no more than five acres, substantially surrounded by urban uses; c) the project site has no value as habitat for endangered, rare or threatened species; d) approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality; and e) the site can be adequately served by all required utilities and public services. 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 potential for causing a significant effect on the environment. CEQA Guidelines section 15061(b)(3). Conditions of Approval: General: 1. 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. 2. A minimum of five vehicular parking spaces shall be provided on-site for the dispensary. 3. Two long-term and two short-term bicycle parking spaces shall be provided on-site for the dispensary. 4. The exterior of the building shall be lit and the parking lot shall meet the lighting standards found in the planning and development code; a lighting plan and detailed specifications shall be reviewed and approved by planning staff. 5. The dispensary shall not be advertised on any detached signs. One non-illuminated attached sign is allowed. Maximum size of sign is nine square feet. Applicant shall obtain any required sign permits. 6. One security guard shall be on duty during business hours and shall provide patrols on and around the subject site. 7. Post the contact information for the dispensary s office manager near the front entrance of the dispensary. 8. The applicant/operator of the dispensary shall comply with the security plan on file with the Revenue Division. 9. The operator of the dispensary shall remove any debris and litter generated by the dispensary on a daily basis on and around the subject site within 100 feet of the property boundaries. 10. The applicant shall obtain all necessary building permits for any proposed work and for any work previously done. 11. The name of the business with address shall be identified on all receipts and bags. 12. The operator of the dispensary shall make available to any requestor the rules of membership for the dispensary.

5 Page 5 Police Department: Lighting 13. 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. Landscaping 14. All landscaping shall follow the two foot six foot rule. All landscaping shall be ground cover, two feet or less and lower tree canopies shall be above six feet. This increases natural surveillance and eliminates hiding areas within the landscape. Tree canopies shall not interfere with or block lighting. This creates shadows and areas of concealment. 15. The landscaping plan shall allow for proper illumination and visibility regarding lighting and surveillance cameras through the maturity of trees and shrubs. Mechanical Security 16. Business shall be equipped with a monitored burglary alarm system with private security response. 17. 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. 18. 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. 19. Height markers are required on the interior doorway. Security Cameras 20. Recorded Video Assessment and Surveillance System (VASS) shall be employed. 21. Cameras and VASS storage shall be digital high definition or better. 22. VASS storage shall be kept off-site or in a secured area accessible only to management. 23. VASS shall support standard MPEG formats. 24. VASS shall be capable of storing no less than 30 days worth of activity. 25. Manager with access to VASS storage shall be able to respond within 30 minutes during business hours. 26. Manager shall have the ability to transfer recorded data to another medium (e.g. DVD, thumb drive, etc.). 27. VASS shall provide comprehensive coverage of: all points of sale

6 Page 6 safe office(s) 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) 28. Cameras shall be equipped with low light capability, auto iris and auto focus. 29. 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 30. An armed and properly permitted security officer shall be on site at all times during operation. Additional Conditions 31. Windows shall remain uncluttered with no advertising to allow for natural surveillance. 32. The name of the store shall be printed on any receipts. 33. No public pay phones/telephones shall be allowed on the premises. 34. No coin operated games or video machines shall be allowed on the premises. 35. 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. 36. The applicant is responsible for reasonably controlling the conduct of persons on the site and shall immediately disperse loiterers. 37. All dumpsters shall be kept locked. 38. 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. 39. The applicant shall be responsible for the daily removal of all litter from the site and adjacent rights of way. 40. No manufacturing of Butane Honey Oil (BHO) or other, similar substances on the premises.

7 Page 7 Building: 41. All proposed work and any work previously performed without a permit requires a building permit and must comply with the applicable requirements of the 2013 California Code of Regulations Title 24, Part 2 (California Building Code), Part 3 (California Electrical Code), Part 4 (California Mechanical Code), Part 5 (California Plumbing Code), Part 6 (California Energy Code), Part 9 (California Fire Code), Part 10 (California Historical Building Code) and Part 11 (California Green Code). Department of Public Works: 42. The design of walls fences and signage near intersections and driveways shall allow stopping sight distance per Caltrans standards and comply with City Code Section (25' sight triangle). Walls shall be set back 3' behind the sight line needed for stopping sight distance to allow sufficient room for pilasters. Landscaping in the area required for adequate stopping sight distance shall be limited 3.5' in height at maturity. The area of exclusion shall be determined by the Department of Public Works. Advisory Notes: a. Any un-striped yard areas on the site shall not be used for parking. (Planning) b. City of Sacramento permits must be obtained for private patrol and alarm and camera systems. (Police) c. Accessible parking and an accessible path of travel to the entrance will be required as per CBC Chapter 11B. (Building) d. An accessible restroom within the tenant space will also be required as per the CBC and CPC. (Building) Findings of Fact Conditional Use Permit: 1. The operation of a dispensary (retail) is consistent with the types of uses located in the Employment Center Low Rise General Plan designation and with general plan policies. 2. The dispensary is located in the M-1-PUD zone and is allowed to apply for a conditional use permit because it has been property 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 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. 4. The dispensary is located in an area surrounded by industrial and commercial 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.

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9 Page 9 Exhibit A: Site Plan

10 Page 10 Exhibit B: Existing Floor Plan

11 Page 11 Exhibit C: New Floor Plan

12 Page 12 Exhibit D: Existing Upper Level Floor Plan

13 Page 13 Exhibit E: Radius Map

14 Page 14 Land Use Map