HomeMy WebLinkAboutCopy of SLO Cal Roots Conditional use permit lrfY
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Community Development
919 Paint Stfeet; Sall Luis Obispo. CA 93401-3218
805.781 7170
sioclty ory
August 15, 2021
SLO CAL ROOTS, LLC
Steven Kennedy
3535 South Higuera
San Luis Obispo, CA 93401
SUBJECT: USE-0142-2021 (3535 South Higuera Street)
REVIEW OF A CONDITIONAL USE PERMIT FOR A NEW
CANNABIS RETAIL STOREFRONT IN THE SERVICE
COMMERCIAL (C-S) ZONE. THE USE IS PROPOSED TO BE
ESTABLISHED IN TWO PHASES, BASED ON PHASED
IMPROVEMENTS TO TWO BUILDINGS ONSITE. THE 612-SQUARE
FOOT FRONT BUILDING WILL BE UTILIZED FOR SALES AFTER
COMPLETION OF PHASE ONE IMPROVEMENTS TO THAT
BUILDING. IN PHASE TWO, THE 2,695-SQUARE FOOT REAR
BUILDING WILL BE REMODELED AND OCCUPIED FOR SALES
PURPOSES AT THE COMPLETION OF THE REMODEL, WITH THE
FRONT BUILDING SHIFTING TO OFFICE USE. THIS PROJECT IS
CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW
CEQA).
Dear SLO CAL ROOTS, LLC:
The Planning Commission, at its meeting of July 14, 2021, approved your request, based on
the findings and subject to the conditions, as noted in the attached Resolution No. PC- 1041-
21.
The Planning Commission's approval expires after one year if the use is not established. On
request,. the Community Development Director may grant renewals for successive periods of
not more than one year each.
Included with this letter is an invoice for the Completion Fee associated with this planning
application, which is now due. Completion Fees are to be paid within six months of the final
action taken on plamiing services provided. Payment of this fee may be made in person,
online, by mail or by phone.
In Person Payment: Please visit the Community Development Department at 919 Palm Street,
Monday and Wednesday between 1:00 p.m. and 4:00 p.m., and Tuesday and Thursday
between 9:00 a.m. and 12:00 p.m. In person payments can be made in cash, check, or
credit/debit card_
Payment Online: The online payment portal has launched. Please visit the link:
https://infoslo.slociiy.org/EnerGov_Prod/selfservice#/home to pay the invoice online.
USE-0142-2021
3535 South Higuera Street
Page 2
Payment by Mail: Mailed payments must be check, payable to City of San Luis Obispo, with
the application number from the subject line of this letter included, and sent to:
CDD Planning fees
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Payment by Phone: Call our main line 805-781-7170, please press option #6 to speak with a
staff member to process credit card payment,
If you have any questions, or if you need additional information, please contact Kyle Van
Leeuwen at (805) 781-7091.
Sincerely,
Tyler Corey
Deputy Director
Community Development
cc: Joel Snyder
Ten Over Studios
539 Marsh Street
San Luis Obispo, CA 93401
RESOLUTION NO. 1041-21
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION GRANTING
A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT AND OPERATION OF
A CANNABIS RETAIL STOREFRONT, TO BE ESTABLISHED IN TWO PHASES,
INCLUDING A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW
AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND
ATTACHMENTS DATED JULY 14, 2021
3535 SOUTH HIGUERA STREET, USE-0142-2021)
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
July 14, 2021 for the purpose of considering a Conditional Use Permit application USE-0142-2021
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 Cannabis
Business Zone (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.).
Planning Commission Resolution No. PC-1041-21
USE-0142-2021 (3535 South Higuera Street)
Page 2
3. 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 from the
preparation of environmental documentation under the California Environmental Quality Act
CEQA). 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 existing, private structures that involves negligible expansion of use beyond existing
and historical vehicle services uses, as described in CEQA Guidelines § 15301 (Existing
Facilities). Additionally, the project site is not on a list of hazardous waste sites and does not
contain a significant historical resource. The property is less than one acre in size and is entirely
surrounded by urban uses that have no value as habitat for endangered, rare or threatened species
as the site is located on an existing developed property and is almost entirely paved. The site is
served by required utilities and public services.
Section 3. Action. The Planning Commission does hereby approve the use permit
application USE-0142-2021 for a cannabis retail -storefront dispensary project located at 3535
South 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_ y 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.
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, while maintaining consistency
with the intent of the City's Lighting and Night Sky Ordinance.
Planning Commission Resolution No. PC-1041-21
USE-0142-2021 (3535 South Higuera Street)
Page 3
3. The applicant shall obtain and maintain the commercial cannabis operator permit and any
appropriate state licenses.
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.
5. 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. Retail sales operations proposed to commence at the completion of "Phase One" site
improvements shall only occur within the smaller, 612-square foot structure on site
identified as Building 1). Sales operations from this structure shall take place for no more
than one year from time of initial occupancy, and sales operations shall commence within
the larger, 2,695-square foot structure (identified as Building 2) by this date.
8. 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.
10. Plans submitted for building permit shall demonstrate compliance with both short- and
long-term bicycle parking requirements as presented the City's Community Design
Guidelines.
On motion by Commissioner Hopkins, seconded by Commissioner Shoresman, and on the
following roil call vote:
AYES: Commissioners Dandekar, Hopkins, Kahn, Shoresman, Wulkan, Vice -
Chair Quincey, and Chair Jorgensen,
NOES: None
REFRAIN: None
ABSENT: None
The foregoing resolution was passed and adopted this day of July 14, 2021.
Planning Commission Resolution No. PC-1041-21
USE-0142-2021 (3535 South Higuera Street)
Page 4
T !/
Tyler Corey, Secretary
Planning Commission
TO: '
Joel Snyder
Ten Over Studio
539 Marsh St
San Luis Obispo, CA 93401
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
00025670 08/16/2021 09/15/2021 Due NONE
REFERENCE NUMBER DESCRIPTION TOTAL
USE-0142-2021 Planning Commission Use Permit - Completion 4,255.58
SUB TOTAL 4,255.58
TOTAL 1 $4,255.58
August 16, 2021 Page 1 of 1