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APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF A USE PERMIT AND DESIGN REVIEW TO ESTABLISH A MEDICAL CANNABIS CULTIVATION FACILITY IN AN INDUSTRIAL GENERAL (IG) ZONE LOCATED AT 7979 SOUTH AIRPORT WAY
recommended action
RECOMMENDATION
Staff recommends that the City Council deny the appeal and uphold the Planning Commission’s approval of:
1. A Use Permit to allow the establishment of a proposed medical cannabis cultivation facility in an Industrial General zoned parcel located at 7979 S. Airport Way, in accordance with the findings detailed herein; and
2. Design review approval in accordance with the recommendation of the Design Review Committee for the proposed elevations, which are in substantial compliance with the City of Stockton Design Guidelines for Industrial and warehouse uses.
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Summary
The City Council is asked to consider an appeal of the Planning Commission approval of a Use Permit to establish a medical cannabis cultivation site at 7979 South Airport Way (Attachment A - Appeal Application). This project complies with all requirements of SMC 16.80.195 Medical Cannabis Business Permitting. The Use Permit was approved by the Planning Commission at the December 14, 2017 hearing. An appeal of Planning Commission’s decision was made on December 26, 2017 by Christopher Eley, the attorney for the San Joaquin County Mosquito and Vector Control District. The appeal issues addressed the potential for crime and odor problems.
The applicant, Ryan Nielsen, submitted a Conditional Use Permit and Design Review application with all required informational materials (floor plan, site plan, color elevations, neighborhood context map, security, and lighting plan) to establish a 35,640-square foot medical cannabis cultivation facility in an Industrial General (IG) zoned parcel, located at 7979 S Airport Way. The site is a vacant parcel and meets all requirements under SMC Section 16.80.195 (Medical Cannabis Businesses), including separation requirements from sensitive uses (see table on following page).
MINIMUM SEPARATION REQUIREMENTS
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300 feet from any existing residential zones |
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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, and theaters |
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1,000 feet from any park or K-12 School |
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1,000 feet from any other medical cannabis business or site with a valid use permit |
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OTHER RESTRICTIONS
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Use Permit required |
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Operators 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 canopy area |
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 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.
The 3.58-acre site connected with this application is currently undeveloped. The site is zoned IG and is bounded to the:
• North and East by various industrial uses in the unincorporated county
• South by S. Airport Way and vacant land Zoned Industrial Limited (IL)
• West by Vacant Land zoned Industrial Limited (IL) (Attachment B - Zoning Map).
Present Situation
Location/Council District PROJECT INFORMATION
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7979 South Airport Way, Stockton Ca |
Zoning: Industrial General (IG) |
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Assessor’s Parcel Number: 177-050-08 |
General Plan Designation: Industrial |
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Council District 6: Jesus Andrade |
Existing Use of Site: Vacant Site |
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Building Area: Proposed 35,640 sq. ft , Cultivation Area: 21,524 sq. ft. |
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Site Area: Approx 3.58 Acres |
In August 2017, the applicant, Ryan Nielsen, applied for a Conditional Use Permit to operate a 35,640-square foot medical cannabis cultivation facility in an IG Zone located at 7979 S. Airport Way. However, the cumulative area used for cultivation will be 21,524 square feet, in accordance with the 22,000-square foot canopy area maximum under Stockton Municipal Code (SMC) 16.80.195(B)(6), The project will be in a proposed prefabricated greenhouse structure using a mixture of natural and artificial light to facilitate growth. The cultivation facility will operate between 7:00 a.m. and 5:00 p.m. Monday through Sunday, employing 8-10 people.
In accordance with SMC, Section 16.20.020, Table 2-2, Allowable Land Uses and Permit Requirements, a Commission Use Permit is required for a Medical Cannabis Cultivation facility in an IG Zone. Medical Cannabis Cultivation is defined as:
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
SMC 5.100.080 allows a maximum of four (4) medical cannabis cultivation operators permits citywide. There is currently one (1) cultivation site with an approved operator’s permit in the City of Stockton. An operators permit is also required in accordance with SMC, Section 16.80.195(B)(2), Medical Cannabis Business Permitting, and SMC, Section 5.100.040, Medical Cannabis Businesses.
Finally, design review approvals are required to construct the facility, and the Design Review Committee has recommended approval of the submitted elevations as it has been found to be in substantial compliance with the City of Stockton Citywide Design Guidelines for industrial and warehouse uses.
Security Plan
The Stockton Police Department reviewed the required security plan for the 7979 S. Airport Way cultivation facility. The proposed security plan meets the police department standards and includes provisions for security guards, access controls, video surveillance, and lighting. Security personnel will be onsite during hours of operation, and there will be one (1) security person on site at all times, 24 hours a day.
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 restrictions apply to all medical cannabis cultivation sites per SMC, Section 16.80.195.B.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 and Site Plan). Staff has also analyzed 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 to 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 proposed site is surrounded primarily by vacant land zoned Industrial Limited or Industrial General and various 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 is a low-density residential zone (RL) approximately 1300 feet from the subject property located southwest of the subject site.
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, nor 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 3 cultivation operators permits available as of the date of this hearing. Only 2 operators permits for medical cannabis dispensaries, and 2 operators permits for medical cannabis cultivation sites are allowed per council district. To date, there is one cultivation facility with a use permit, and valid operators permit in City of Stockton Council District 5, there are no medical cannabis businesses operating in Council District 6.
Parking and Access
The cultivation facility will be in a proposed prefabricated greenhouse structure. Access will be off the frontage road. The final design of the entrance shall be subject to approval during the Building Permit application process.
The parking requirement for medical cannabis cultivation facilities is one (1) space per 500 square feet of gross floor area, up to 50,000 square feet. The cultivation facility, minus the office area, is 28,767 square feet, requiring 58 spaces. The applicant has proposed 71 spaces which are adequate to service the facility (Attachment C - Neighborhood Context Map and Site Plan). The parking facility will meet all off-street parking, landscaping, and development standards.
Parking provided at this location will be used primarily for employees and the occasional visitors (inspectors). The facility is not open to the public, and once a week peak demand for parking at this location is estimated to be 25 spaces, during harvesting and other activities that require more workers (Attachment E - Operation Summary). During normal operation, the site will average 21 workers on site during business hours. Therefore, staff finds that the proposed 71 parking spaces will be adequate to meet the site’s parking requirement.
Design Review
The City of Stockton Design Review Committee reviewed the proposed elevation for the medical cannabis cultivation facility. The facility will consist of multiple prefabricated greenhouse structures. The roof of the greenhouse and the side of the building will remain translucent to allow natural light into the building while shielding the interior from view. There is adequate screening by the fencing system and landscaping to shield the facility from the public right of way. Taking into consideration the surrounding context, the location of the parcel, and proposed use, the Design Review Committee recommended approval of the proposed elevations, as they substantially comply with the City of Stockton Design Guidelines for Industrial and warehouse uses.
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. All of these findings can be made in the affirmative as detailed in the proposed resolution.
PUBLIC COMMENT/NEIGHBORHOOD MEETING
A community meeting was held on November 21, 2017, at 110 N. San Joaquin Street. All property owners within a 600-foot radius of the subject property were invited to the meeting (Attachment F - Public Meeting Notice). Two individuals and City staff attended the meeting. Eddie Lucchesi discussed his concerns with air quality and a potential increase in crime. The applicants presented the project and specifically outlined the mechanics of the odor remediation system that was proposed to be installed in the Greenhouse and 24-hour security that would be on site.
EXTERNAL COMMUNICATIONS
Staff was presented with a letter of opposition (Attachment G - Opposition Letter) at the December 14th Planning Commission meeting from Eddie Lucchesi, Manager of the Mosquito and Vector Control District which is located directly to the north of the proposed medical cannabis cultivation site.
PLANNING COMMISION ACTION
At the December 14th, 2017 Planning Commission hearing, following staff’s presentation, the applicant spoke about the project addressing Planning Commission’s questions regarding odor remediation and security.
Eddie Lucchesi, Manager of the Mosquito and Vector Control District spoke in opposition of the project stating that the medical cannabis cultivation business has potential to increase crime in the area and the increased traffic along the frontage road, parallel to Airport Way, would negatively affect his business.
Following public testimony, the Commission approved a resolution allowing the establishment of a medical cannabis cultivation facility at 7979 South Airport Way (5-1) D’Adrea Davie dissenting, Elizabeth Hull was absent.
APPEAL
On December 26th, 2017, Christopher Eley, attorney for the San Joaquin County Mosquito and Vector Control District, filed an appeal of the Planning Commission’s approval. The City Council may uphold the Commission’s action and approve the Use Permit or override the Commission’s action by majority vote, in accordance with City Charter Section 503.
ENVIRONMENTAL CLEARANCE
The proposed use qualifies for a California Environmental Quality Act (CEQA) Categorical Exemption under section 15332 Class 32, for Infill Development Projects, because the development is consistent with the City of Stockton General Plan, and is located in an urbanized area on a less than 5-acre site. The applicant has opted to and will obtain San Joaquin Multi-Species Habitat Conservation Plan SJMSCP clearances prior to construction to ensure the site is not a habitat for endangered species. 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.
FINANCIAL SUMMARY
There is no anticipated financial impact to the City as a result of the current item.
Attachment A - Appeal Application
Attachment B - Zoning Map
Attachment C - Neighborhood Context Map and Site Plan
Attachment D - Cultivation Map & Cannabis Businesses
Attachment E - Operation Summary
Attachment F - Public Meeting Notice
Attachment G - Opposition Letter