greenstone dispensary cup (p17-059) (noticed on 3/29/2018
TRANSCRIPT
April 12, 2018 powered by Legistar™
City of Sacramento
Greenstone Dispensary CUP (P17-059) (Noticed on 3/29/2018)
Planning and Design Commission Report 915 I Street, 1st Floor
Sacramento, CA 95814 www.cityofsacramento.org
File ID: 2018-00383 April 12, 2018 Public Hearing Item 06
Title: Greenstone Dispensary CUP (P17-059) (Noticed on 3/29/2018) File ID: 2018-00383 Location: 2320 Broadway, APN: 010-0224-005 (District 5) Recommendation: Conduct a public hearing and upon conclusion approve: Item A. Environmental Exemption (Per CEQA Guidelines Section 15301, Existing Facilities); Item B. Conditional Use Permit to locate a 3,232 square foot cannabis dispensary on 0.11 acres in the General Commercial (C-2) zone Contact: Michael Hanebutt, Associate Planner, (916) 808-7933, [email protected], Evan Compton, Principal Planner, (916) 808-5260, [email protected], Community Development Department Presenter: Michael Hanebutt, Associate Planner, (916) 808-7933, [email protected] Applicant: Mike Tomada, Greenstone Biomass Research, Inc. c/o Pioneer Law Group, 1122 S Street, Sacramento, CA 95811 Property Owner: Same as Applicant Attachments: 1-Description/Analysis 2-Background 3-Recommended Findings of Fact and Conditions of Approval 4-Exhibit A: Project Plans 5-General Plan Map 6-Aerial and Zoning Map
File ID: 2018-00383 Public Hearing Item 06
April 12, 2018 powered by Legistar™
City of Sacramento
Figure 1: Vicinity Map
File ID: 2018-00383 Public Hearing Item 06
April 12, 2018 powered by Legistar™
City of Sacramento
Description/Analysis Issue Detail: The applicant is requesting a Conditional Use Permit (CUP) to locate a cannabis dispensary along Broadway on 0.11 acres within an existing building in the General Commercial (C-2) zone. The request requires a Commission-level CUP because it is located within 300 feet of a residential zone. This existing commercial building is currently used for office space. Public/Neighborhood Outreach and Comments: An early project notification was sent by staff to property owners and community organizations within 300 feet of the subject site in January 2018. Public notices were sent to property owners and nearby community organizations within 300 feet, which included the Greater Broadway Partnership, the Sierra Curtis Neighborhood Association, and Preservation Sacramento. The site was posted more than 10 days in advance of the public hearing. At the time of the writing of this report, staff has received no correspondence or indication of opposition to the project. The applicant also reached out to the surrounding neighborhood associations and heard no concerns. In addition, the applicant is working with the current office tenant in the transition of the property to the proposed new use. Policy Considerations: The subject site is designated as Urban Corridor Low in the General Plan Land Use and Urban Form Diagram. The Urban Corridor Low designation includes street corridors that have multistory structures and more-intense uses at major intersections, lower-intensity uses adjacent to neighborhoods, and access to transit service throughout. At major intersections, nodes of intense mixed-use development are bordered by lower-intensity single-use residential, retail, service, and office uses. General Plan policies are provided below to demonstrate the Greenstone Dispensary’s consistency with the City’s policy direction. 2035 General Plan Policies: Goal LU 6.1: Corridors. Support the development of major circulation corridors that balance their vehicular function with a vibrant mix of uses that contribute to meeting local and citywide needs for retail, services, and housing and provide pedestrian-friendly environments that serve as gathering places for adjacent neighborhoods.
Policy LU 6.1.4. Corridor Uses. The City shall encourage residential, mixed-use, retail, service commercial, and other pedestrian-oriented development along mixed-use corridors to orient to the front of properties with entries and stoops fronting the street. Staff finds that the project site is located along the Broadway corridor and the proposed business will contribute to the mixture of land uses. The CUP has been conditioned to maintain a compatible relationship with the nearby residential and commercial uses.
Goal LU 2.6: City Sustained and Renewed. Promote sustainable development and land use practices in both new development, reuse, and reinvestment that provide for the transformation of Sacramento into a sustainable urban city while preserving choices (e.g., where to live, work, and recreate) for future generations.
File ID: 2018-00383 Public Hearing Item 06
April 12, 2018 powered by Legistar™
City of Sacramento
Policy LU 2.6.5 Existing Structure Reuse. The City shall encourage the retention of existing structures and promote their adaptive reuse and renovation with green building technologies to retain the structures’ embodied energy, increase energy efficiency, make it more energy efficient, and limit the generation of waste. Staff finds the proposed project will repurpose the existing commercial building into a retail cannabis dispensary with an active storefront while complying with current Title 24 requirements.
Goal PHS 1.1. Crime and Law Enforcement. Work cooperatively with the community, regional law enforcement agencies, local government and other entities to provide quality police service that protects the long-term health, safety, and well-being of our city, reduce current and future criminal activity, and incorporate design strategies into new development.
Policy PHS 1.1.7 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. The Police Department reviewed the proposal and did not identify any substantial problems with the proposed use and placed conditions of approval on the project to address potential crime and safety issues.
Environmental Considerations: The Environmental Services Manager has determined the project is exempt from environmental review pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. The project consists of approval to allow a cannabis dispensary in an existing private structure, and would involve negligible or no expansion of commercial use in an existing commercial building. Rationale for Recommendation: Staff recommends approval of the project because the proposal: a) is consistent with the General Plan of Urban Corridor Low and the General Commercial (C-2) zone; b) promotes a more active use for the building; c) is compatible with surrounding uses along Broadway which is a mixed use corridor; and d) is supported by the Police Department as conditioned to ensure proper security measures and business practices are incorporated into the project.
BACKGROUND INFORMATION
A conditional use permit from the Planning and Design Commission is required if the cannabis dispensary is located within 600 feet of another storefront dispensary, park, childcare center, family day care home, youth-oriented facility, church or faith congregation, substance abuse center, cinema, or tobacco retailers less than 15,000 square feet, and for sites within 300 feet of a residential zone. Cannabis dispensaries cannot be located within 600 feet of a school.
Greenstone seeks to reopen its city-registered cannabis dispensary at 2320 Broadway.(The dispensary was previously located at 1841 El Camino Avenue and operated from 2009 to 2011, and from 2014 to 2018.)
The applicant and property owner, Greenstone Biomass Research, Inc., proposes to establish the cannabis dispensary within the existing 3,232-sq.ft. commercial building on Broadway. The building is currently occupied by an office user and the scope of work includes tenant improvements for the use. No exterior work is proposed for the building.The subject site is in the General Commercial (C-2) Zone, which is intended for a broad mix of uses, of which cannabis dispensaries are allowed with a Conditional Use Permit.The site is located along a busy commercial corridor with residences nearby close to the freeway and further to the south. The Conditional Use Permit must be approved by the Planning and Design Commission because the site is located less than 300 feet from a residential zone.
The siting of a dispensary and its contextual location are regulated through Title 17 regarding proximity to certain uses or zones. In the case of the project site at 2320 Broadway, the site is within 300 feet of a residential zone, as shown in Figure 1 below. The exhibit shows the buffer around the site of 300 feet to just touch residentially zoned property to the north, many facing the elevated freeway and one fronting 24th Street. There are no residentially zoned properties with frontage on Broadway or on any other side of the project closer than 1000 feet, other than along X Street. These residentially zoned properties also have a visual buffer of the Broadway corridor provided by the neighboring commercial buildings and businesses.
Table 1: Project Information
General Plan Designation: Urban Corridor LowDesign Review District: Central CityExisting Zoning: General Commercial (C-2)Property Area: 4,800-sq.ft.Sales Floor Area: approx. 1,900-sq.ft.Existing Use: Commercial/OfficeProposed Use: Medical Cannabis Dispensary
Figure 2: Neighborhood Context Map
Both figures 2 and 3 demonstrate the variety of uses along Broadway, along with the variety of building forms, sizes, and types. The eclectic mix of buildings and uses identify the Broadway corridor as it is seen today. These exhibits, along with the General Plan Designation of Urban Corridor Low, demonstrate that a cannabis dispensary is an appropriate use for this location.
Figure 3: Project Site Aerial
ENTITLEMENT REVIEW
Conditional Use Permit
Land Use
The applicant proposes to establish a cannabis dispensary in a 3,232-sq.ft. commercial building currently used as office space. The applicant is not requesting to modify the exterior, including the mural on the east side of the building, but will restripe the parking spaces at the rear of the building to comply with City standards. The floor plan of the dispensary includes the following: a primary entrance on the north side of the building
facing Broadway, reception and lobby areas, receiving room, restrooms, a sales area, and storage areas.
Figure 4: Site Photos
The dispensary will have approximately 6 employees, where up to 5 employees would be working at any given time throughout the day. The dispensary has been conditioned to allow retail sales only between 7 am to 9 pm. The average visitor base for the location is 250 - 300 people per day.
Greenstone will be required to have several security measures in place. The entrance into Greenstone will be monitored at all times, and security personnel control access to and from the facility. The facility will have a video surveillance system to monitor all interior and exterior activity and a burglary alarm system will be installed. The internal and external areas will be well lit and there will be controlled access between the waiting room and the sales area to control access into the retail area.
The Police Department has reviewed the security plan for Greenstone and hasconditioned the implementation of appropriate security measures for this use includingadditional lighting both inside and outside of the building. Additionally, the PoliceDepartment has no objection to the proposed location.
Figure 5: Proposed Floor Plan
Access, Circulation, and Parking
The project has public street frontage along Broadway in the front and to an alley in the rear. The main entry to the building is located off the sidewalk on Broadway. The project is located within the Urban Parking District; no onsite parking is required for businesses on parcels which are 6,400-sq.ft. or less. The applicant does not propose any new on-site parking with exception a new striping to define an accessible stall and two other parking spaces loaded from the adjacent at the south side of the building. Two long-term and two-short term bicycle parking facilities are required.
Flood Protection
State Law (SB 5) and Planning and Development Code chapter 17.810 require that the City must make specific findings prior to approving certain entitlements for projects within a flood hazard zone. The purpose is to ensure that new development will have protection from a 200-year flood event or will achieve that protection by 2025. The project site is within a flood hazard zone and is an area covered by SAFCA’s Improvements to the State Plan of Flood Control System, and specific findings related to the level of protection have been incorporated as part of this project. Even though the project site is within a flood hazard zone, the local flood management agency, SAFCA, has made adequate progress on the construction of a flood protection system that will ensure protection from a 200-year flood event or will achieve that protection by 2025. This is based on the SAFCA Urban level of flood protection plan, adequate progress baseline report, and adequate progress toward an urban level of flood protection engineer’s report that were accepted by City Council Resolution No. 2016-0226 on June 21, 2016 and the SAFCA 2017 Adequate Progress Annual Report accepted by City Council Resolution No. 2017-0418 on November 7, 2017.
Attachment 3
Proposed Findings of Fact and Conditions of ApprovalGreenstone Dispensary CUP2320 Broadway, Sacramento
Findings Of Fact
A. Environmental Determination: 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 and Design Commission finds that the Project is exempt from review under Section 15301 (Existing Facilities) of the California Environmental Quality Act, because it is an approval of the operation of a dispensary within an existing private structure, and would involve negligible or no increase in commercial use of the property.
B. The Conditional Use Permit to locate a 3,232 square foot cannabis dispensary on 0.11 acres in the General Commercial (C-2) zone, is approved subject to the following Findings of Fact and Conditions of Approval:
1. The proposed use and its operating characteristics are consistent with the general plan and any applicable specific plan or transit village plan in that the retail use is allowed in the General Plan designation of Urban Corridor Low and the building provides an active use along a commercial corridor.
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 use is allowed in the General Commercial (C-2) zone with the issuance of a conditional use permit and the site is not located within 600 feet of a school.
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 proposed use will be located within an existing, enclosed commercial building.
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 proposed dispensary has been conditioned with a good neighbor policy and is required to provide on-site security and surveillance equipment. Safety measures will promote a safe and secure environment and deter potential criminal activity.
C. 200-Year Flood Protection Finding Consistent with State Law (SB 5) and Planning and Development Code Section 17.810:
1. The project site is within an area for which the local flood management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban areas for property located within a flood hazard zone, intended to be protected by the system, as demonstrated by the SAFCA Urban level of flood protection plan, adequate progress baseline report, and adequate progress toward an urban level of flood protection engineer’s report accepted by City Council Resolution No. 2016-0226 on June 21, 2016 and the SAFCA 2017 Adequate Progress Annual Report accepted by City Council Resolution No. 2017-0418 on November 7, 2017.
Conditions of Approval
B. The Conditional Use Permit to locate a 3,232 square foot cannabis dispensary on 0.11 acres in the General Commercial (C-2) zone, isapproved subject to the following conditions of approval:
PlanningB1. The business shall conduct their operations as a “Good Neighbor” by: a)
posting the name of an emergency contact person and phone number on the exterior of the building in the event of an emergency or to report a complaint; and b) establishing a clear process for neighboring businesses and residents to communicate directly with a business representative should there be any ongoing issues or problems to resolve.
B2. Retail sales hours shall be limited to the hours between 7 am to 9 pm.B3. Two long-term and two short-term bicycle facilities shall be installed. The
facilities shall be consistent with the Bike Rack Design and Placement Design Standards.
B4. The applicant/operator of the dispensary shall comply with the security plan on file with the Revenue Division.
B5. Any future signage for the dispensary shall require a sign permit and comply with all sign code regulations. All dispensary signs shall be non-illuminated.
B6. The dispensary operators shall be responsible for the daily removal of all litter from their site and adjacent rights of way.
B7. Drains/downspouts at the front of the building shall be repaired before commencement of operations for the dispensary use.
B8. The project shall conform to the attached plans. Any changes shall be reviewed and approved by Planning and Design staff.
B9. An onsite inspection with Planning staff shall be required before final certificate of occupancy is granted to confirm all conditions have been satisfied.
FireB10. Comply with all applicable Building and Fire Codes required for a group A-
2 occupancy.B11. As stated in the narrative, any modifications to the facility must be done
under permit by way of plan review for compliance to the Fire and Building Codes.
B12. Any access or egress controlled doors must be identified on the floor plan that is provided as a part of the security plan. This will aid in a more complete plan review when provided for review to obtain a construction permit.
B13. Obtain a Fire Clearance by requesting a fire and life safety inspection from the Sacramento City Fire Prevention Division.
B14. Obtain any required operational permits from the Sacramento City Fire Prevention Division.
B15. Provide documentation to verify that any fire and life safety systems such as fire suppression and fire alarm systems have been serviced, maintained and certified in accordance with the required maintenance schedules as may be applicable (quarterly, annual and 5-year service).
PoliceB16. An armed and properly permitted security guard shall be on site at all
times during operation.
B17. Exterior lighting shall be white light using LED lamps with full cutoff fixtures to limit glare and light trespass. Color temperature shall be between 2700K and 4100K with a color rendering index of 75 or better and a light loss factor of .95 or better.
B18. Broken or damaged exterior lighting shall be repaired or replaced within 48 hours of being noted.
B19. Exterior lighting shall be shielded or otherwise designed to avoid spill-over illumination to adjacent streets and properties.
B20. All mature landscaping shall follow the two-foot, six-foot rule. All landscaping shall be ground cover, two feet or less and lower tree canopies of mature trees shall be above six feet. This increases natural surveillance and eliminates hiding areas within the landscape.
B21. Tree canopies shall not interfere with or block lighting. This creates shadows and areas of concealment. The landscaping plan shall allow for
proper illumination and visibility regarding lighting and surveillance cameras through the maturity of trees and shrubs.
B22. All solid core exterior doors shall be equipped with a 180 degree viewing device to screen persons before allowing entry.
B23. Business shall be equipped with and maintain a security system with
An alarm system with a valid UL Certificate in accordance with ANSI/UL Standard 681-2014 (Standard for Installation and Classification of Burglar and Holdup Alarm), Extent Number 2.
a Video Assessment and Surveillance System (VASS)
B24. Holdup alarm system shall be employed near the:
all points of sale office safe(s).
B25. Burglar alarms shall cause the dispatch of a properly licensed private patrol.B26. Holdup alarms shall cause the dispatch of the Sacramento Police
Department.B27. Security system shall be equipped with at least 24 hours of continued
operation time in case of power failure. B28. Security system shall be equipped with cellular back-up in case of phone
line disruption.B29. Facility shall be staffed at all times that the security system is not fully
functional.B30. A log shall be maintained that shows when the alarm system was armed
and disarmed, and by whom. B31. VASS storage shall be kept off-site or in a secured area accessible only to
management.B32. Manager with access to VASS storage shall be able to respond to any
activation within one hour.B33. Cameras shall be day/night capable with a resolution of no less than two (2)
megapixels and a minimum frame rate of 12 frames per second.B34. Parking area and each building entrance and exit shall be covered by a
camera set at 100 pixels per foot or higher to capture license plates and faces.
B35. VASS shall be capable of exporting footage to common media in a standard viewing format and shall not require proprietary software for third party viewing.
B36. VASS shall be capable of storing no less than 30 days’ worth of activity.
B37. VASS shall provide comprehensive coverage of:
all points of sale safe(s) 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)
B38. Monitors displaying the employee parking area and property perimeter shall be mounted in a visible location near the door from which employees will arrive and depart so that employees may monitor the outside environment prior to departing the facility.
B39. Monitors shall be mounted in a visible location near the entrance so that patrons can clearly see that their activities are being monitored.
B40. No more than 33 percent of the square footage of the windows and clear doors shall be blocked by advertising, signs, shelves or anything else. Alladvertising, signs, and shelving shall be placed and maintained in a mannerthat ensures that law enforcement personnel have a clear and unobstructedview of the interior of the premises from the exterior public sidewalk orentrance to the premises. All signs shall comply with the City Code.
B41. The applicant is responsible for reasonably controlling the conduct of persons on the site and shall immediately disperse loiterers.
B42. All dumpsters shall be kept locked or in locked enclosures.
Sacramento County Regional Sanitation District (SRCSD)
B43. Developing this property will require the payment of Regional San sewerimpact fees (connection fees). Regional San sewer impact fees shall be paid prior to the issuance of building permits. For questions pertaining to Regional San sewer impact fees, please contact the Sewer Fee Quote Desk at (916) 876-6100.
ADVISORY NOTES
Fire1. Provide appropriate Knox access for site. CFC Section 506
2. Identify any fencing and gates on the plans to verify that fire department access is not hindered. Provide details as needed to show configuration of any additional security measures such as barbed or concertina wire.
3. Any vehicle access gates that are located on drive lanes required for Fire Department access must have a gate width that provides a minimum of 20 feet clear access width.
4. If any automatic gates are to be installed, they shall have AC power and be provided with Key override switch (Knox) and Radio operated controller (Click2Enter). For gates that do not fail safe in the open position upon loss of AC power or are provided with battery back-up power, an approved pedestrian gate shall be installed within 10 feet of all vehicle gates. An approved key box (Knox) shall be installed at least 48 inches above grade on the outside of the gate. It shall be provided with a key to open the pedestrian gate.
SRCSD5. The City of Sacramento (City) is responsible for providing local sewer
service to the proposed project site via their local sanitary sewer collection system. Regional San is responsible for the conveyance of wastewater from the City’s collection system to the Sacramento Regional Wastewater Treatment Plant (SRWTP).
Exhibit A: Project Plans
