HomeMy WebLinkAboutPC-1013-19 (USE-0550-2019 -- 280 Higuera Street)RESOLUTION NO. 1013-19
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
GRANTING A CONDITIONAL USE PERMIT FOR THE
ESTABLISHMENT AND OPERATION OF A CANNABIS RETAIL
STOREFRONT INCLUDING A CATEGORICAL EXEMPTION FROM
ENVIRONMENTAL REVIEW AS REPRESENTED IN THE PLANNING
COMMISSION AGENDA REPORT AND ATTACHMENTS DATED
NOVEMBER 13, 2019
(280 HIGUERA STREET, USE-0550-2019)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
November 13, 2019 for the purpose of considering a Conditional Use Permit application USE-
0550-2019 for establishment and operation of a Cannabis Retail Storefront; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San
Luis Obispo as follows:
Section 1. Findings. Based upon all the evidence, the Commission makes the following
findings in support of approval of the Conditional Use Permit:
1. The proposed use is consistent with Section 17.86.080 Zoning Regulations and Chapter
9.10 of the Municipal Code because, as proposed, the use will not negatively impact the
residential uses in the neighborhood, is consistent with adjacent businesses that have
similar hours of operation, will not be located within 1,000 feet of any pre-school,
elementary school, junior high school, high school, public park or playground, within 600
feet of any licensed daycare center, within 300 feet of residential uses within the CBZ, or
within 1,000 feet of another cannabis retail storefront, and the business shall adhere to the
City's Noise Ordinance and conditions of approval.
2. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the proposed
use;
b. Traffic generation and the provision of public and emergency vehicle (e.g. fire
and medical) access;
C. Public protection services (e.g. fire protection, police protection, etc.); and
d. The provision of utilities (e.g. potable water, schools, solid waste collection and
disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).
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3. That the project will not be detrimental to the health, safety, and welfare of persons living
or working at the site or in the vicinity because the cannabis retail storefront does not
present a potential threat to the surrounding property and buildings. This project is subject
to Use permit requirements, City regulations, and California Building Code requirements
designed to address health, safety, and welfare concerns. Additionally, the applicant
prepared a Security Plan that addresses both state-wide regulations of the Bureau of
Cannabis Control and concerns of the City Police Department.
4. The cannabis retail storefront, as proposed, will comply with all the requirements of State
and City for the dispensing of cannabis, including dual licensure and participation in an
authorized track and trace program.
Section 2. Environmental Review. The project is categorically exempt under Class 1,
Existing Facilities, Section 15301 of the CEQA Guidelines, because the project is consistent with
General Plan policies for the land use designation and is consistent with the applicable zoning
designation and regulations. The project consists of the operation of an existing private structure
that involves negligible expansion of use beyond existing and historical uses. The project also
includes the removal on an existing legal non -conforming billboard. The project -site is zoned C-
R-MU-SF-CBZ (Retail Commercial), a designation that can provide for the approval of a Cannabis
Retail Storefront.
Section 3. Action. The Planning Commission does hereby approve the use permit
application USE-0550-2019 for a cannabis retail -storefront dispensary project located at 280
Higuera Street subject to the following conditions:
1. The proposed use shall operate consistent with the project description and other supporting
documentation submitted with this application unless otherwise conditioned herein,
including, but not limited to: the Operations Plan; Chapter 9.10 of the City Municipal
Code; and Section 17.86.080 (E) (5) (f) of the City Municipal Code. This use permit shall
be reviewed by the Community Development Director if any reasonable written complaint
is received from any citizen or from the Police Department or upon receipt of evidence that
the use is not in compliance with conditions of approval and the Municipal Code. The
Community Development Director may refer the complaint to the Planning Commission
at his/her discretion and conditions of approval may be added, deleted, or modified or the
use permit may be revoked to ensure on -going compatibility between uses on the project
site and other nearby uses.
2. Any parking lot lighting installed on the site by the applicant shall be night sky compliant
LED bollard lighting, as specified on sheet A1.0 of the project plans dated June 27, 2019
by Ten Over Studio. The Director of Community Development may modify this
requirement upon a determination that such lighting would not be conducive to the safety
of the public or would not meet the requirements of the California Building Code.
3. The applicant shall obtain and maintain the commercial cannabis operator permit and any
appropriate state licenses.
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4. The applicant shall pay all applicable current and future state and local taxes and all
applicable commercial cannabis fees and related penalties established by the City Council,
including but not limited to application, administrative review, inspection, etc.
Minors and persons under the age of twenty-one on the premises, even if accompanied by
a parent or guardian or a person between the ages of eighteen and twenty possessing a valid
medical cannabis identification card shall be prohibited from entering the cannabis retail
storefront.
6. Outdoor storage of cannabis or cannabis products is prohibited.
7. In addition to the 1 EV ready parking space, the applicant shall install 1 EV capable parking
space. Improvements, including empty raceways to the parking spaces, shall be shown on
tenant improvement plans at time of application for building permits.
Prior to issuance of a building permit, the applicant shall record a Community Benefits
Agreement, in a form subject to the approval of the City Attorney.
9. The applicant shall defend, indemnify, and hold harmless the City and/or its agents,
officers, and employees from any claim, action, or proceeding against the City and/or its
agents, officers, or employees to attack, set aside, void, or annul the approval by the City
of this project, and all actions relating thereto, including but not limited to environmental
review ("Indemnified Claims"). The City shall promptly notify the applicant of any
Indemnified Claim upon being presented with the Indemnified Claim, and City shall fully
cooperate in the defense against an Indemnified Claim.
On motion by Commissioner Jorgensen, seconded by Commissioner Kahn, and on the following
roll call vote:
AYES: Commissioners Jorgensen, Kahn, McKenzie, Quincey, Vice -Chair Dandekar, and
Chair Wulkan.
NOES: Commissioner Stevenson
REFRAIN: None
ABSENT: None
The foregoing resolution was passed and adopted this day of November 13, 2019.
Tyler Cor ,, cretary
Planning Commission