HomeMy WebLinkAboutPC-1090-2024 (USE-0266-2024 -- 2400 Broad)RESOLUTTON NO. PC-1090-24
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION GRANTING A CONDITIONAL USE PERMIT FOR THE
ESTABLISHMENT AND OPERATION OF A CANNABIS RETAIL
STOREFRONT. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL
REVTEW (CEOA) AS REPRESENTED lN THE PLANNING COMMISSION
AGENDA REPORT AND ATTACHMENTS DATED SEPTEMBER 11,
2024 (2400 BROAD STREET; USE-0266-20241
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 September 11,2024, for the purpose of considering a Conditional Use
Permit application USE-0266-2024 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 the law; and
WHEREAS, the Planning Commission has duly considered allevidence, including
the testimony of interested parties and the evaluation and recommendations provided by
staff, presented at said hearing.
NOW, THEREFORE, BE lT RESOLVED, by the Planning Commission of the City
of San Luis Obispo as follows:
SECTION 1. Findinos. Based upon all evidence, the Planning Commission makes
the following findings in support of approval of the Conditional Use Permit:
1. The project complies with the applicable provisions of the San Luis Obispo
Municipal Code (SLOMC), specifically Chapter 9.'10 (Cannabis Regulations) and Section
S 17.86.080 (Zoning Regulations for Cannabis Activities) because the applicant has
secured a Contingent Operator Permit to conduct commercial cannabis activity, and upon
approval of a Conditional Use Permit, will be eligible to obtain a Final Operator Permit
from the City and a Type 10 storefront retailer license from the California Department of
Cannabis Control (DCC). The project, as proposed, meets all operational requirements
setforth in Chapter9.10, including reporting, inspection, and security measures, and the
applicant is required to maintain ongoing compliance with these regulations. The
proposed location is within a zone designated for cannabis retail use, and the project
complies with all applicable development standards including adherence to an Operations
Plan, Security Plan, Waste Management Plan, and Odor, Noise and Light Management
Plan.
Planning Commission Resolution No. PC-1 090-2024
USE-0266-2024 (2400 Broad Street)
Page 2
2. The proposed use is consistent with the General Retail (G-R) designation as
described in the General Plan Land Use Element. The General Retail designation is
intended to accommodate businesses providing goods and services to meet the needs
of city residents and nearby county communities. A cannabis retail storefront operates
similarly to other retail establishments, engaging in direct sales of goods to consumers,
which aligns with the permitted uses in the General Retail zone.
3. The project is consistent with the goals of the Broad Street Area Special Focus
Planning area because it will contribute to the visual improvement and economic
revitalization of the surrounding area.
4. The proposed use is consistent with the intent of the Cannabis Business Zone
(CBZ) Overlay. This overlay establishes specific land use controls for areas zoned to
accommodate cannabis-related businesses. The proposed project complies with the
Zoning Regulations, as cannabis retail storefronts are permitted within the Retail
Commercial (C-R) Zone under the CBZ Overlay, subject to the approval of a Conditional
Use Permit. The project also meets the required buffer distances from sensitive land uses,
including schools, parks, and residential areas, thereby satisfying the location criteria
established in the CBZ Overlay.
5. The site is adequate for the project in terms of size, configuration, topography,
location, and other applicable features, and has appropriate access to public streets with
adequate capacity to accommodate the quantity and type of traffic expected to be
generated by the use.
6. 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 the Conditional Use Permit requirements, City regulations, and California
Building Code requirements designed to address health, safety, and welfare concerns.
7. The applicant prepared a Security Plan that addresses both state-wide
regulations of the Department of Cannabis Control and concerns of the City Police
Department.
8. The cannabis retail storefront, as proposed, will comply with allthe requirements
of the State and City for the dispensing of cannabis, including dual licensure and
participation in an authorized track and trace program.
Planning Commission Resolution No. PC-1 O9O-2024
USE-0266-2024 (2400 Broad Street)
Page 3
SECTION 2. Environmental Determination. The project is categorically exempt
from the preparation of environmental documentation under the California Environmental
Quality Act (CEQA) pursuant to Guidelines Section 15301 (Existing Facilities). 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 uses as an orthotic and prosthetic sales facility (Hanger Clinic), as
described in CEQAGuidelinesS 15301 (Existing Facilities). The projectsite is noton 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 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. The site is served by required utilities and public services.
SECTION 3. Action. The Planning Commission hereby approves the Conditional
Use Permit application USE-0266-2024 for a cannabis retail storefront project a|2400
Broad 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 Municipal
Code; and Section $ 17.86.080 of the Municipal Code. This Conditional 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 or 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
Conditional Use Permit may be revoked to ensure on-going compatibility between uses
on the project site and other nearby uses.
2. The applicant shall obtain and maintain a Commercial Cannabis Operator
Permit from the City and any appropriate state licenses.
3. The applicant shall pay all applicable current and future state and local taxes
and all applicable commercial cannabis fees and related penalties established by City
Council, including but not limited to applications, administrative review, inspections, etc.
4. All owners, principals, property owners and employees must undergo
background checks and be vetted in accordance with state law and local cannabis
regulations. No employee with a disqualifying criminal record, as defined by state law,
shall be employed at the cannabis retail storefront.
Planning Commission Resolution No. PC-1 O9O-2024
USE-0266-2024 (2400 Broad Street)
Page 4
5. Minors under the age of 18 are prohibited from entering the cannabis retail
storefront. lndividuals aged 18 to 20 with a valid medical cannabis identification card, in
compliance with California state law, may enter the premises, while all other persons
under 21 without a valid medical lD are prohibited, even if accompanied by a parent or
guardian.
6. Outdoor storage of cannabis or cannabis products is prohibited
7. The operator shall implement and maintain a ventilation and filtration system to
prevent odors from escaping the premises. Odors must not be detectable outside the
building or in adjacent properties.
8. Any parking lot lighting installed on the site by the applicant shall be night sky
compliant. The Community Development Director may modify this requirement upon a
determination that such lighting would not be conductive 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.
9. The operator shall provide a total of four bicycle parking spaces designated to
the project location.
10. All business operations, including deliveries and waste collection, shall adhere
to the City's noise control regulations. Noise levels must be minimized to avoid
disturbance to nearby residential and commercial areas.
11. The operator shall ensure full compliance with the most recent editions of the
ADA Standards for Accessible Design and the California Building Code (CBC),
implementing all required accessibility and safety measures in the design and operation
of the cannabis retail storefront.
12. The operator shall obtain a building permit from the City prior to commencing
any physical work on the premises, ensuring that all construction activities are reviewed
and approved in accordance with City regulations.
13. Prior to the issuance of a building permit, the applicant shall record a
Community Benefits Agreement, reflecting the community and environmental
commitments from the Commercial Cannabis Operator Permit application, which were
evaluated in the scoring process, in a form approved by the City Attorney.
Planning Commission Resolutton No. PC-1 O9O-2024
USE-0266-2024 (2400 Broad Street)
Page 5
14. 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 ("lndemnified Claims"). The City shall promptly notify the applicant
of any lndemnified Claim upon being presented with the lndemnified Claim, and City shall
fully cooperate in the defense against an lndemnified Claim.
Upon motion of Commissioner Eric Tolle, seconded by Commissioner Robert Jorgensen,
and on the following roll call vote:
AYES: Commissioner Eric Tolle, Commissioner Robert Jorgensen, Commissioner
Sheryl Flores, Commissioner Steve Kahn, Vice Chair Dave Houghton, Chair Justin
Cooley
NOES: None
ABSENT: Commissioner Juan Munoz-Morris
The foregoing resolution was passed and adopted this 11th day of September 2024
ille, Secretary
Planning Commission