I. RECOMMENDATION:
Staff recommends approval of Modification to Conditional Use Permit 18-05 (Application No. CUP-M 19-02) by adopting Resolution No. 019P-010 with conditions.
II. BACKGROUND:
On February 26, 2019, the Community Development Department received a conditional use permit application for a phased Commercial Cannabis facility at 1275 E. Elm Ave from Next Green Wave, LLC (“applicant”) and subsequently the Planning Commission adopted Resolution 019P-003 approving the project with conditions. The development consists of a two (2) phased tenant improvement project: The first phase will be to renovate approximately 1,681 square feet of the existing 3,562 square foot industrial building including onsite improvements for manufacturing with a planned phase two (2) renovation of the remaining 1,881 square feet for a future nursery with research and development space.
On September 24, 2019, the Community Development Department received a Modification of Conditional Use Permit application from Todd Hybels, Representative of the Applicant, Next Green Wave (further identified as “applicant”) requesting a permit to install a temporary generator at their permitted Cannabis Manufacturing Facility at 1275 W. Elm Ave. Staff accepted the application on September 25, 2019 and began processing the application for a modification of conditional use permit. In accordance COA-6 of Resolution No. 019P-003, Any minor alternations to the approvals shall be reviewed and approved by the Community Development Director, unless under his/her discretion warrants review and approval by the Commission. This includes but is not limited to site design, floor plans and security related plans. Any change is use shall require review and approval by the Planning Commission.
Currently the applicant is constructing the tenant improvements at 1275 W. Elm Ave for new cannabis manufacturing and nursery facility. The extraction area will be dedicated to CO2 extraction, distillation, storage and packaging.
Currently, the applicant is waiting on PG&E to engineer and install the necessary upgraded service to the property which is expected to occur in early 2020 where the facility will be ready for operation by the late 2019 leaving a gap in time where operations may begin without a solution.
III. PROPOSAL AND ANALYSIS:
Project Summary: The applicant is requesting a modification to their use permit to utilize a temporary generator for up to six (6) weeks to provide supplemental power to begin production at the extraction facility until PG&E provides the necessary power upgrade. The generator that the applicant is proposing is a MQ Power Whisper Watt DCA12SSI trailer mounted unit. The specifications sheets were provided to staff and attached for the Commissions review.
General Plan/Zoning Consistency: The current zoning and land use designation for the subject property is (MBL) Light Manufacturing and Business. The addition of a temporary generator has been determined to be a valid modification to the original use permit however its use is consistent with that of the underlining zoning designation.
Location: The generator will be located on the north side of the property as shown on the attached exhibit.
Surrounding Land Uses:
Surrounding Land Use Setting
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South
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Industrial
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West
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Fresno County Agricultural Land
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East
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Vacant Land
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North
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Industrial
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Staff has determined that there are no land use compatibility and/or transitional concerns related to allowing the temporary generator on site.
Hours: The applicant has stated in their application that normal business hours will be Monday through Friday 8am – 5pm which will be the timeframe in which the generator will be operational.
Noise: The General Plan and Planning and Zoning Code set noise standards for al land uses. In accordance with the General Plan, 65db is an acceptable/conditionally acceptable community noise equivalent noise level (CNEL) during normal business hours. 9-4.405 of the planning and zoning code requires a noise or acoustic study to be undertaken for any proposed project which could create or be subject to noise exposure above the acceptable levels prescribed in the Safety, Air Quality and Noise Element of the General Plan. Although 65db is generally acceptable the applicant prepared a noise study to show the impact to use of the generator.
The applicant had Saxelby Acoustics, LLC develop a site layout and full sound analysis with exhibits to show that the temporary generator will be fully compliant with the noise standards of the City related to this use. The report concluded that without sound attenuation, the generate 64dbB at the closest property line which is approximately 40 feet. The use of sound attenuation, according to the study, would further reduce the dB’s by 10dB to 54dB. The full acoustic report has been attached for the Commissions review.
Staff believes that the selected generator and its location on site will not exceed acceptable noise levels for this use classification and zoning designation.
San Joaquin Valley Air Pollution Control District (SJVAPCD): Staff requested that the applicant reach out to the SJVAPCD and verify that the generator will comply with the district portable emissions standards and al district rules, specifically Section 6.16. The applicant provided an email from SJVAPCD verifying that their proposal meets their standards.
Public Notification
Public hearing notices were sent to all property owners within 300’ feet of the site as required by Local and State law.
Environmental Considerations: The proposed project has been determined to be exempt from CEQA in accordance with Section 15301(a) for existing facilities. A notice of exemption will be filed with the Fresno County Clerk’s Office once approval has been granted for this application.
IV. FISCAL IMPACT:
None determined at this time.
V. REASONS FOR RECOMMENDATION:
A Conditional Use Permit shall only be granted if the Planning Commission determines that the project as submitted or as modified conforms to all of the following criteria. If the Planning Commission determines that it is not possible to make all of the required findings, the application shall be denied. The specific basis for denial shall be established for the record.
General Plan consistency: Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the City has adopted;
Neighborhood compatibility: The location, size, design, bulk, coverage, density, traffic generation and operating characteristics of the proposed project are consistent with the purposes of the district where it is located, and will not have an adverse effect on the neighborhood and surrounding properties;
Asset for the neighborhood: The nature, use and architectural/design features of the proposed development make it attractive, functional and convenient. The proposed development enhances the successful operation of the surrounding area in its basic community functions, or provides an essential service to the community or region. |