Title
PLN160803 - CATLIN/BIG SUR CANNABOTANICALS
Public hearing to consider allowing a medical cannabis dispensary use within a Light Commercial Zoning District.
Project Location: 26352 Carmel Rancho Lane, Suite 100, Carmel, Carmel Rancho Shopping Center, Carmel Valley Master Plan area
Proposed CEQA action: Categorically Exempt per Section 15303 of the CEQA Guidelines
Report
RECOMMENDATION:
It is recommended that the Planning Commission adopt a resolution to:
a. Find that a change of use within an existing commercial tenant space is Categorically Exempt per Section 15303 of the CEQA Guidelines;
and
b. Approve a Use Permit to allow a medical cannabis dispensary use within the Carmel Rancho Shopping Center.
The attached draft resolution includes findings and evidence for consideration (Exhibit C). Staff recommends approval subject to 10 conditions of approval, including 6 conditions with mandatory requirements per the Code.
PROJECT INFORMATION:
Agent: Jennifer Rosenthal
Property Owner: Richard Catlin
APN: 015-012-055-000
Parcel Size: 2,178 square foot commercial tenant space
Zoning: LC/D-S-RAZ
Plan Area: Carmel Valley Master Plan
Flagged and Staked: N/A
SUMMARY:
Big Sur Cannabotanicals, on behalf of the property owner Richard Catlin, has requested a Use Permit to allow a medical cannabis dispensary within an existing tenant space located at 26352 Carmel Rancho Lane, Suite 100, in the Carmel Rancho Shopping Center. The site is zoned Light Commercial with Design Control, Site Plan Review, and Residential Allocation Zone overlays (LC-D-S-RAZ) and has historically been used as retail space. A Use Permit is required for the commercial medical cannabis operation.
Staff reviewed the proposed application and determined, as proposed, the findings required to grant a Use Permit for a medical cannabis dispensary can be made in this case. Based on the application materials submitted, staff also finds that this application meets the regulations/standards for this use (zoning, set backs, security, operations). An Operations Plan (Exhibit C-2) submitted as part of the application describes the hours of operation, security protocols, patient verification, youth restriction procedures, product safety, packaging, supply chain information, record keeping policies including track and trace programs, odor prevention measures, contact information for nuisance complaints, and other site information addressing operational standards including fire, health, and safety.
Approval of this Use Permit would authorize the use of the property for a medical cannabis dispensary. Prior to beginning operation, the business operator would need to obtain and maintain a Commercial Medical Cannabis Permit and a Business License from the County. After that, they would be required to obtain a State License, which may not be available until at least January 2018. Condition of Approval No. 8 requires that appropriate licenses are obtained and maintained.
It should be noted that another application has been submitted for a dispensary approximately 150 feet from this site and the Code requires a 1,500- foot setback from another dispensary. Staff determined that a setback restriction is not established until a Use Permit for a medical cannabis dispensary is approved, and applications be considered on a first come-first served basis. No permits have been approved establishing a setback as of the drafting of this report so the project would not conflict with the setback requirement. This subject application was submitted on March 14, 2017 and deemed complete on April 13, 2017. The other dispensary application was submitted on April 13, 2017 and was not deemed complete until May 22, 2017. If the Planning Commission approves the subject Use Permit, supporting staff’s determination, this site would establish a setback requirement that would affect the next dispensary application considered.
CEQA
The project entails a change in commercial use within an existing 2,178 square foot commercial tenant space within a shopping center. Improvements are limited to minor interior tenant improvements and an exterior signage change. Section 15303 of the California Environmental Quality Act (CEQA) guidelines categorically exempts the conversion of exiting small structures from one use to another where only minor modifications are made in the exterior of the structure.
DISCUSSION:
Detailed discussion is provided in Exhibit A.
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
Environmental Health Bureau
RMA-Public Works
RMA-Environmental Services
Water Resources Agency
Monterey County Sheriff’s Office
Carmel Cypress Protection District
Carmel Valley Land Use Advisory Committee
The proposed project was reviewed by the Carmel Valley Land Use Advisory Committee (LUAC) on April 3, 2017. The LUAC recommended approval of the project as proposed, by a vote of 8 ayes, 0 noes, and 1 abstention (Exhibit B). The one member abstaining from the vote expressed concern that insufficient information about security was available. Specific security details are proposed for the site and have been reviewed by the Sheriff’s Office. However, the specific security measures were not provided to the LUAC to preserve the confidentiality of those measures.
Prepared by: Craig Spencer, Senior Planner, ext. 5233
Reviewed by: Brandon Swanson, RMA Services Manager, ext. 5334
Approved by: Carl P. Holm, AICP, RMA Director
The following attachments are on file with the RMA:
Exhibit A - Discussion
Exhibit B - Carmel Valley LUAC Minutes
Exhibit C - Draft Resolution including:
• Conditions of approval
• Site Plans, Floor Plans, and Operations Plan
Exhibit D - Vicinity Map
Exhibit E - Correspondence
cc: Front Counter Copy; Planning Commission; Brandon Swanson, RMA Services Manager; Jennifer Rosenthal, Agent; Aram Stoney and John DeFloria, Applicant’s; Richard Catlin, Owner; Dale Ellis; Trinh Retterer; Aaron Johnson; The Open Monterey Project (Molly Erickson); LandWatch (Executive Director); John H. Farrow; Janet Brennan; Dale Elis; Aaron Johnson; Project File PLN160803