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«REPORT TO THE P-LANNING COMMISSION May 20,2015 REPORT NO. PC-15-057 DATE ISSUED: Planning Commission, Agenda of May 28, 2015 ATTENTION: APPEAL OF THE ...»

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THE CtTY OF SAN OtEGO

REPORT TO THE P-LANNING COMMISSION

May 20,2015 REPORT NO. PC-15-057

DATE ISSUED:

Planning Commission, Agenda of May 28, 2015

ATTENTION:

APPEAL OF THE HEARING OFFICER'S DECISION TO APPROVE

SUBJECT:

A CONDITIONAL USE PERMIT FOR 4645 DE SOTO MMCC PROJECT NO. 368309 (PROCESS 3).

Report to the Heating Officer; Report No. H0-15-033 (Attachment 1-12).

REFERENCE:

PRATT FAMILY TRUSTI

OWNER/ Mission Bay Cooperative, Inc., Un Sik Chong

APPLICANT:

SUMMARY

- - Should the to approve a Conditional Use Permit (CUP) to allow the Hearing Issue: Planning Commission approve or deny an appeal of.

Officer's decision a Medical Marijuana Consumer Cooperative-(MMCC) to operate in a proposed 2,470 square-foot building on a 0.22-acre site within the Pacific Beach Community Plan area?

Staff Recommendation: Deny the appeal and Uphold the Hearing Officer's d·ecision to Approve Conditional Use Permit No. 1292095.

Community Planning Group Recommendation: On August 27,2014, the Pacific Beach Community Planning Group voted 12-5-2 to deny the project (Attachment 10).

Environmental Review: This project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19 Section 15303, New Construction or Conversion of Small Structures on September 26, 2014 (Attachment 8). An appeal of the CEQA determination was previously made and the City Council denied the CEQA appeal on January 13,2015.

Fiscal Impact Statement: None with this action. All costs associated with the processing of this project are paid from a deposit account maintained by the applicant.

Code Enforcement Impact: None with this action.

Housing Impact Statement: None with this action.

BACKGROUND

In 1996 the people of the State of California passed Proposition 215, the Compassionate Use Act, which allows the use of marijuana for medical purposes when recommended by a physician and excludes the patient and the primary caregiver from criminal prosecution. In 2004, Senate Bill420, the Medical Marijuana Program Act (MMP) became law. The MMP requires the California Department of Public Health (DPH) to establish and maintain a program for the voluntary registration of qualified medical marijuana patients and their primary caregivers through a statewide identification card system, sets possession guidelines for cardholders, and recognizes a qualified right to collective and cooperative cultivation of medical marijuana. In 2008 the California Attorney General established guidelines for Medical Marijuana Collective Operations and allowed cities to adopt and enforce laws consistent with the MMP.

On March 25, 2014 the City of San Diego adopted Ordinance No. 0-20356, to implement zoning regulations for Medical Marijuana Consumer Cooperatives (MMCC). MMCCs are allowed with a Conditional Use Permit, Process 3, Hearing Officer Decision. A limit of four MMCCs per Council District (36 city-wide) was adopted in order to minimize the impact on the City and residential neighborhoods.

The site located at 4645 DeSoto Street has two buildings totaling 7,675 square feet. Building 1 is 5,960 square feet and Building 2 is 1,715 square feet. Approximately 5,205 square feet of Building 1 will be demolished and the remaining 755 square feet will be integrated to Building 2.

The proposed MMCC will be 2,470 square feet on a 0.22-acre site. The MMCC site is located at 4645 De Soto Street, west of Interstate 5, south of Garnet Avenue and east of Mission Bay Drive (Attachment 2). The site is in the IS-1-1 Zone and Coastal Height Limitation Overlay Zone within the Pacific Beach Community Plan Area.

The site is designated Industrial within the Pacific Beach Community Plan. Pacific Beach is both a visitor destination as well as a residential community. It is comprised of mostly residential property with little commercial and industrial uses. Industrial zoning in Pacific Beach is limited to a small area east of East Mission Bay Drive and west oflnterstate 5. The goal of the community plan is to continue to promote a diverse economic and employment base in the industrial area and a mixture of commercial services to meet needs of existing and future populations. The uses to the north and east of this site are storage facilities (Price Self Storage), to the south building services (Dewey Pest Control) and east Interstate 5. The surrounding uses are consistent with the Light Industrial designation of the community plan. The proposed MMCC, classified as commercial services, is a compatible use for this location with a Conditional Use Permit within this community plan.

MMCCs must comply with San Diego Municipal Code (SDMC) Section 141.0614 which requires a 1,000 foot separation, measured between property lines, from; public parks, churches, child care centers, playgrounds, libraries, minor-oriented facilities, other medical marijuana consumer cooperatives, residential care facilities, and schools. There is also a minimum distance requirement of 100 feet from a residential zone. In addition to minimum distance requirements, MMCCs prohibit consultations by medical professionals on site and do not allow certain types of vending machines. Security requirements include interior and exterior lighting, security





- 2cameras, alarms and a security guard. The security guard must be licensed by the State of California and be present on the premises during business hours. Hours of operation are limited from 7:00a.m. to 9:00p.m. seven days a week. MMCC Conditional Use Permits expire five years from date of issuance. MMCC's must also comply with Chapter 4, Article 2, Division 15 which provides guidelines for lawful operation.

Staff determined that the proposed MMCC met all applicable development regulations, including the minimum distance requirements and recommended approval ofthe project. On March 25, 2015, the Hearing Officer approved the project.

CORRECTION

The Draft Permit Condition No. 30 within the Hearing Officer Report No. H0-15-033 was incorrect (Attachment 4). The condition required 3 off-street parking spaces, when no off-street parking is required. Commercial uses on lots less than 10,000 square feet without alley access are exempt from providing off-street parking (SDMC Section 142.0540(a)). This site is 9,745 square feet and, therefore, qualifies for this exemption. The transportation condition has been corrected in the Draft Permit (Attachment 16, Condition No. 30).

DISCUSSION

Appeal: An appeal of the Hearing Officer's decision was filed on March 25, 2015 by Jay Davis on the grounds of Findings not supported (Attachment 13). On April2, 2015, Brian J. Curry, Chair of the Pacific Beach Community Planning Group filed an appeal on the grounds of Conflict with matters and Findings not supported (Attachment 14). On April 7, 2015, Lynn Chisnell on behalf of Price Self Storage filed an appeal on the grounds of Conflict with matters and findings not supported (Attachment 15).

The appellants' summarized grounds for appeal issues and staff responses are as follows:

Appeal Issues:

1. Finding SDMC 126.0305(b), "the proposed development will not be detrimental to the public, health, safety and welfare" is not supported. This project will expose the public to loitering, marijuana smoking at the premises and hash oil explosion.

Staff Response: The CUP permit (Attachment 16) contains the following required and voluntary conditions to ensure the public, health, safety and welfare of the community: 1) No consultations by medical professionals on site; 2) no vending machines without a human intermediary; 3) interior and exterior lighting; 4) surveillance camera (recordings maintained a minimum of30 days); 5) metal detector; 6) alarm; 7) armed security guard during hours of operation; 8) no loitering; 9) no smoking on site; 10) hours of operation from 7:00 a.m. to 9:00p.m. seven days a week; 11) permit expires in five years; 12) compliance with Chapter 4, Article 2, Division 15; and 13) MMCC pennit (fingerprinting and background checks of all responsible persons).

State law prohibits medical marijuana smoking (a) where smoking is prohibited by law, (b)

–  –  –

State law prohibits the concentration of controlled substances by chemical extraction. Health & Safety Code§ 11379.6.

2. The use is inconsistent with the Pacific Beach Community Plan.

Staff Response: The site is designated Industrial within the Pacific Beach Community Plan.

The goal of the community plan is to continue to promote a diverse economic and employment base in the industrial area and a mixture of commercial services to meet needs of existing and future populations. The proposed MMCC, classified as commercial services, is a compatible use for this location with a Conditional Use Permit within this community plan.

3. The community group voted to deny the project. The use is not a public necessity, it will be a public nuisance, there is public opposition, and the majority of the business will be from "recreational use" rather than "medical. " Staff Response: The City of San Diego adopted zoning regulations for MMCCs in compliance with Proposition 215 and Senate Bill420, which allow the use of marijuana for medical purposes in the State of California. MMCCs are permitted with a Conditional Use Permit and are limited to no more than four per Council District to minimize the impact on communities. Permit conditions discussed in appeal issue No. 1 have been included to ensure the public, health, safety and welfare of the community

4. There are potential problems with traffic and parking that have not been mitigated. Vehicles and pedestrians will increase the risk of accidents, slowing down access and creating congestion to Price Self Storage.

StaffResponse: Based on the small lot allowance in SDMC Section 142.0540 (a), the proposed 2,470 square-foot MMCC is not required to provide any off-street parking spaces, however, 13 on-site automobile parking spaces, including one van-disabled accessible space are provided as well as 2 motorcycle spaces and 2 bicycle spaces. The MMCC is expected to generate approximately 99 average daily trips (ADT), at 40 trips per 1,000 square feet;

with 3 morning peak hour trips and 9 afternoon peak hour trips. Based on the estimated ADT a transportation impact analysis is not required. The estimated 99 additional project trips to the site are not expected to adversely affect the access or the surrounding road way system.

5. There adjacent owners/patrons include hospitality uses with under aged patrons.

Staff Response: The 1,000 foot separation is a restriction for uses. Children being present at a use not restricted by SDMC, Section 141.0614 is not a violation ofthe SDMC.

–  –  –

Staff Response: The site located at 4645 DeSoto Street has an Easement Grant Deed, Document No. 123043, for a 30-foot easement dedicated for road and public utility purposes (Attachment 18). The existing easement agreement is a private property matter not within the purview of Development Services Department.

Conclusion:

Staff is recommending denial of the appeal and approval of the project as it meets all applicable development regulations, including the minimum distance requirements.

Respectfully submitted,

–  –  –

Attachments:

1-12 Report to the Hearing Officer- Report H0-15-031

13. Appeal Application, Jay Davis

14. Appeal Application, Brian J. Curry

15. Appeal Application, Lynn Chisnell

16. Draft Permit with Conditions

17. Draft Permit Resolution with Findings

18. Easement Grant Deed

19. Response to appeals, Marianne 0. Green

–  –  –

SUMMARY

Issue(s): Should the Hearing Officer approve a Conditional Use Permit to allow a Medical Marijuana Consumer Cooperative (MMCC) to operate in a proposed 2,470 square foot building within the Pacific Beach Community Plan Area?

Staff Recommendation: APPROVE Conditional Use Permit No. 1292095.

Community Planning Group Recommendation: On August 27, 2014, the Pacific Beach Community Planning Group voted 12-5-2 to deny the project (attachment 10).

Environmental Review: This project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19 Section 15303, New Construction or Conversion of Small Structures on September 26,2014 (Attachment 8). An appeal of the CEQA determination was previously made and the City Council denied the CEQA appeal on January 13, 2015. The scope of the Hearing Officer's decision only includes the project, and not the environmental determination.

BACKGROUND

In 1996 the people of the State of California passed Proposition 215, the Compassionate Use Act, which allows the use of marijuana for medical purposes when recommended by a physician and excludes the patient and the primary caregiver from criminal prosecution. In 2004, Senate Bill 420, the Medical Marijuana Program Act (MMP) became law. The MMP requires the California Department of Public Health (DPH) to establish and maintain a program for the voluntary registration of qualified medical marijuana patients and their primary caregivers through a statewide identification card system, sets possession guidelines for cardholders, and recognizes a qualified right to collective and cooperative cultivation of medical marijuana. In 2008 the California Attorney General established guidelines for Medical Marijuana Collective Operations and allowed cities to adopt and enforce laws consistent with the MMP.

On March 25,2014 the City of San Diego adopted Ordinance No. 0-20356, to implement zoning regulations for Medical Marijuana Consumer Cooperatives (MMCC). MMCC's are allowed with a Conditional Use Permit, Process 3, Hearing Officer Decision. A limit of four MMCC's per Council District (36 city-wide) was adopted in order to minimize the impact on the City and residential neighborhoods.



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