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USE PERMIT TO ESTABLISH A 11,448-SQUARE FOOT MEDICAL CANNABIS CULTIVATION FACILITY IN AN INDUSTRIAL, GENERAL (IG) ZONE LOCATED AT 1903 NAVY DRIVE
recommended action
RECOMMENDATION
Staff recommends the Planning Commission adopt a resolution approving a Use Permit to allow the establishment of a proposed medical cannabis cultivation facility for IG zoned property located at 1903 Navy Drive in accordance with the findings detailed herein.
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SUMMARY
The applicant, Douglas Chloupek, has submitted a Conditional Use Permit application with all required materials (floor plan, site plan, neighborhood context map, security and lighting plan) to establish a 11,448-square foot medical cannabis cultivation facility in an Industrial, General (IG) Zone, located in an existing warehouse at 1903 Navy Drive. The cultivation space will be 11,448 square feet, well under the 22,000-square foot maximum under Stockton Municipal Code (SMC) 16.80.195(B)(6). No new construction or expansion has been proposed.
The site meets all requirements under SMC Section 16.80.195 (Medical Cannabis Businesses), including separation requirements from sensitive uses (see table below).
MINIMUM SEPARATION REQUIREMENTS
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300 feet from any existing residential zones: P |
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600 feet from any childcare center, child care, in-home, (family day-care home), religious facility, drug abuse or alcohol recovery/treatment facility, or theaters: P |
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1000 feet from any park or K-12 School: P |
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1000 feet from any other medical cannabis business or site with a valid use permit: P |
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OTHER RESTRICTIONS
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Use Permit required |
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Operator Permit required |
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Maximum of two (2) dispensaries and two (2) cultivation sites per Council District |
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Maximum of four (4) medical cannabis cultivation facilities in City |
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22,000 square foot maximum for cultivation area |
SMC 5.100.080 allows a maximum of four (4) medical cannabis cultivation operating permits citywide. There are currently no legal cultivation sites in operation in the City of Stockton. In addition to obtaining a Use Permit, the applicant must also secure an operating permit from the Stockton Police Department before initiating the use. The police department has reviewed the proposed security plan that provides at least one licensed security guard on site during business hours, and finds that it meets Police Department Standards. Therefore, staff recommends that the Planning Commission approve the application based on the recommended findings of fact in the Proposed Resolution.
DISCUSSION
Background
On August 24, 2010, the City Council adopted ordinances to allow medical cannabis dispensaries in selected zoning districts and to regulate the operations and employee permit requirements for such dispensaries. On May 9, 2013, the ordinance was amended prohibiting new medical cannabis dispensaries.
On June 28, 2016, the Stockton City Council approved placing two ballot measures on the November 8, 2016, General Election ballot that would overturn the ban on medical cannabis dispensaries and increase the number of allowed dispensaries citywide, allow medical cannabis cultivation businesses within the City (Measure P), and allow for the increase of business license tax on medical cannabis and related businesses (Measure Q).
Both measures were submitted to the voters for approval on November 8, 2016 and were passed. Measure P:
• Overturned the previous ban on new medical cannabis dispensaries;
• Allows up to four (4) medical cannabis dispensaries in certain commercial and industrial zones [the previous municipal code allowed for three (3) dispensaries and two (2) are currently operating];
• Allows up to four (4) cultivation sites in industrial zones;
• Imposes location restrictions for dispensaries and cultivation operations, including distances from sensitive locations;
• Requires a conditional use permit, operator’s permit, and permits for all employees;
• Does not allow dispensary owners/operators to own/operate cultivation operations within the City; and
• Does not allow cultivation owners/operators to own/operate dispensary operations within the City.
The 0.8 acre project site is occupied by an existing warehouse and is bound;
• To the north, south, east, and west by various industrial uses. (Attachment A - Zoning Map).
Current Conditions
Location/Council District PROJECT INFORMATION
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1903 Navy Drive, Stockton Ca |
Zoning: Industrial General (IG) |
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Assessor’s Parcel Number: 163-310-12 |
General Plan Designation: Industrial |
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Council District 5: Rep Christina Fugazi |
Existing Use of Site: Vacant/Machining |
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Building Area: 11,448 Square Feet |
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Site Area: Approx .82 Acres |
The applicant Douglas Chloupek is applying for a Conditional Use Permit to operate a 11,448-square foot medical cannabis cultivation facility in an IG Zone located at 1903 Navy Drive. Per SMC Section 16.20.020, Table 2-2, Allowable Land Uses and Permit Requirements, a Use Permit is required for the subject use. The project will be in an existing vacant warehouse and no new exterior construction or expansion has been proposed. The facility will hire 15 full time employees for day to day operations. The cultivation facility will operate between 7:00 a.m. and 8:00 p.m. Monday through Friday. No one under the age of 18 will be allowed on premises (Attachment B - Project Description).
Security Plan
The Stockton Police Department has reviewed the required security plan for the 1903 Navy Drive Cultivation facility. The proposed security plan meets the police department standards and includes provisions for security guards, access controls, video surveillance, and lighting. At least one security guard will be on site during business hours.
As a condition of the Use Permit, staff will visit the facility after a 12-month period to ensure compliance with applicable restrictions of the Development Code and conditions of the Use Permit.
Location Restrictions
The following location requirements apply to all medical cannabis cultivation sites and may not be waived or modified by conditional use permit, variance, or site plan and design review approval, SMC 16.80.195.A.3:
a. No medical cannabis cultivation site shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any other medical cannabis business or site having a valid use permit for a medical cannabis business;
b. No medical cannabis cultivation site shall be established or located within 300 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone;
c. No medical cannabis cultivation site shall be established or located within 600 feet, measured from the nearest property lines of each of the affected parcels, of any childcare center, child care, in-home (family day care home). religious facility, drug abuse, alcohol recovery/treatment facility, or theater;
d. No medical cannabis cultivation site shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any park or school, K-12;
e. All medical cannabis cultivation sites must be located within a fully-enclosed building and the interior of the building must not be visible from the public right-of-way.
The applicant is required to submit a neighborhood context map showing all required separation distances to determine if there are any sensitive uses in proximity to the cultivation facility (Attachment C - Neighborhood Context Map). Staff has also conducted an analysis of the area using a City mapping system which shows schools, parks, day care centers, and residential zones (Attachment D - Cultivation Map & Cannabis Businesses). To verify separation from uses not tracked in the City database, staff conducted a site visit of the surrounding area and determined that the location met all separation requirements. Staff routed the project documents to the school district and other local agencies and received no comments. The site is surrounded primarily by Industrial uses.
There are no other medical cannabis businesses or sites having a valid use permit for a medical cannabis business within 1,000 feet. The closest Residential Zone and single family residences are approximately 900 feet north of the subject property and are separated by train tracks to the North.
No childcare center, child care, in-home (family day care home), religious facility, drug abuse, alcohol recovery/treatment facility, or theater is located within 600 feet of the site, no is there any park or K-12 school located within 1,000 feet. The proposed facility will be located within a fully-enclosed building and the interior will not be visible from the public right-of-way. Therefore, the site complies with all location standards.
There are currently four (4) cultivation operating permits available as of the date of this hearing. Only two (2) operating permits for medical cannabis Dispensaries and two (2) operating permits for medical cannabis cultivation sites are allowed per council district. To date, there are no permitted cultivation facilities in the city of Stockton.
Access, Circulation, Parking
The cultivation facility will be located in an existing industrial warehouse. The parking requirement for medical cannabis cultivation facilities is 1 space per 500 square feet of floor area. The 11,448-square foot facility would require 22 spaces (Attachment E - Parking and Site Plan). The applicant has proposed 22 parking spaces, the parking plan is consistent with SMC16.64.080 Development Standards for Off Street Parking, providing trees at a rate of 1 per 5 spaces and all ends of the parking lanes will have landscaped islands.
Because the facility is not open to the general public, parking provided at this location will primarily be used for employees and the occasional visitors (inspectors).
FINDINGS
There are seven General Findings in SMC Section 16.168.050.A. that require compliance with all applicable provisions in the SMC: maintaining the integrity and character of the applicable zoning district; consistency with applicable General Plan objectives and policies; physical suitability of the site for the proposed use; not endangering or jeopardizing the public health, safety, peace, or general welfare of the public; compatibility with surrounding uses; and consistency with the California Environmental Quality Act. As indicated in the staff report’s Proposed Resolution, the subject use is allowed in the IG zone with an approved Use Permit and complies with applicable provisions of the Development Code. The subject use would be consistent with the Industrial land use designation of the General Plan and the site would be physically suitable for the proposed use, including the provision of utility services (e.g. sanitation and water), public access, and the absence of physical constraints (e.g. earth, movement, flooding, etc.). Further, the project would strengthen the integrity of the surrounding area, would not jeopardize or be hazardous to public peace and welfare, and would be compatible with surrounding land uses.
PUBLIC COMMENT/NEIGHBORHOOD MEETING
A community meeting was held on May 16, 2017. The meeting notice was mailed by the applicant to all property owners within a 300-foot radius of the subject property (Attachment F - Public Meeting Notice/Notes). According to the applicant, 11 people attended the meeting.
EXTERNAL COMMUNICATIONS
Staff has not received any outside communication on this project.
ENVIRONMENTAL CLEARANCE
The proposed use qualifies for a California Environmental Quality Act (CEQA) Categorical Exemption under section 15301 Class 1, Existing Facilities. The proposed project is utilizing an existing 11,448 SQFT industrial building, no expansion or additions have been proposed. There is no substantial evidence that the proposed project involves unusual circumstances, including future activities, resulting in or which might reasonably result in significant impacts which threaten the environment.
Attachment A - Zoning Map
Attachment B - Project Description
Attachment C - Neighborhood Context Map
Attachment D - Cultivation Map & Cannabis Businesses
Attachment E - Parking and Site Plan
Attachment F - Public Meeting Notice - Notes
This report was prepared by Kanoa Kelley, Assistant Planner, (209) 937-7564; kanoa.kelley@stocktonca.gov.