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THE CITY OF SAN DIEGO
REPORT TO THE HEARING OFFICER
HEARING DATE: July 15, 2015
ATTENTION:
SUBJECT:
LOCATION:
APPLICANT:
SUMMARY
Hearing Officer
3895 PACIFIC HIGHWAY MMCC PROJECT NUMBER: 368341
3895 Pacific Highway
Dillon Schifrin
REPORT NO. H0-15-086
Issue(s): Should the Hearing Officer approve a Conditional Use Permit to allow a Medical Marijuana Consumer Cooperative (MMCC) to operate in an existing 967 squarefoot building on a 0.09-acre site within the Midway/Pacific Highway Corridor Community Plan area?
Staff Recommendation: DENY Conditional Use Permit No. 1287938.
Community Planning Group Recommendation: On July 2, 2014, the Midway Community Planning Group voted 6-2-1 to approve the project with conditions (Attachment 9).
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 February 17, 2015 (Attachment 8). An appeal of the CEQA determination was previously made and the City Council denied the CEQA appeal on June 2, 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.
The proposed project is a request for a Conditional Use Permit (CUP) to operate a MMCC in an existing 967 square-foot building on a 0.09-acre site. The site is located at 3895 Pacific Highway, west ofinterstate 5, northwest ofPacific Highway, and south ofWashington Street (Attachment 2). The site is in the IS-1-1 Zone, Airport Influence Area (San Diego International Airport) and Coastal Height Limitation Overlay Zone within the Midway/Pacific Highway Corridor Community Plan area.
The site is designated Light Industrial within the Midway/Pacific Highway Corridor Community Plan. The Midway/Pacific Highway Corridor Community Plan area includes a variety of commercial uses such as retail shopping centers, discount stores, adult entertainment uses, hotels, motels, restaurants and both heavy and light industrial uses. This portion of the community contains little residential development. The parcels adjacent to the MMCC are in the IS-1-1 zone, and the existing 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.
DISCUSSION
The project site located at 3895 Pacific Highway is a 0.09-acre site developed with a one-story building and two off-street parking spaces. The lot size is less than 10,000 square feet with no alley access, therefore no off-street parking is required (SDMC 142.0540). Although not required, the site is proposing 2 off-street parking spaces.
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 1 00 feet from a residential zone.
New Infonnation:
Minor-Oriented Facility- Cali Coast Elite
- 2-
During the initial review process of this application staff identified a minor-oriented facility, Cali Coast Elite, located at 2004 Hancock Street, within 1,000 feet of the site. The applicant was notified that staff would be recommending denial of the project as it did not meet the distance requirement of the SDMC. Subsequently, a code enforcement case was opened on Cali Coast Elite asserting that the use, Instructional Studio, was not allowed in the IS-1-1 zone. Based on the information submitted to Code Enforcement Division (CED), LDR-Planning concluded that the project could move forward with recommendation of approval, as the minor-oriented use was not allowed in the zone, and CED would be moving forward with a Civil Penalty case to cease the operation ofthe instructional studio.
CED recently concluded their investigation and determined that Instructional Studios are allowed in the IS-1-1 zone. CED has maintained the enforcement case open as Cali Coast Elite must still obtain a ministerial permit for the change of use from warehouse to instructional studio.
Playground- Washington Street Skate Park
Washington Street Stake Park, located at Washington Street and Pacific Highway, is a playground as defined by the SDMC, and is located within 1,000 feet of the project site. Staff was aware of the site during the initial review process, however determined that it did not qualify as a park, minor-oriented facility, or playground. Staff understood that Washington Stake Park was not a playground since it is located within the city public right-of-way, on property owned by the State of California. However, recent information from the State of California, has confirmed that the City of San Diego owns the land. The site, therefore, qualifies as a playground, as it is city owned and, contains play or athletic equipment used by persons less than 18 years old.
CONCLUSION
Staff is recommending denial of the project as it fails to meet the SDMC's minimum separation requirement prohibiting MMCCs from operating within 1,000 feet of a minor-oriented facility or a playground. The proposed MMCC is not consistent with the SDMC's purpose and intent to protect public safety, does not comply with the regulations of the Land Development Code and is not located at an appropriate location.
ALTERNATIVE
Direct staff to bring forward Conditional Use Permit No. 1287938 containing the standard MMCC conditions.
- 3 -
Respectfully submitted,
Edith Gutierrez, 15evel()JJTI1ent Project Manager
Attachments:
1. Aerial Photograph 2. Project Location Map 3. Community Plan Land Use Map 4. Draft Permit Resolution with Findings 5. 1000 Foot Radius Map 6. 1000 Foot Radius Map Spreadsheet 7. Notice of Right to Appeal 8. Project Site Plan(s) 9. Community Planning Group Recommendation 10. Ownership Disclosure Statement
- 4-
Project Aerial Photo 3895 PACIFIC HWY MMCC PPROJECT NO. 368341
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'l' Ave
SE Auto Body & Colh~i on Center
Santiago Ave
Nove/eta St
fl Lunch Bag Deli
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Culture Shock Dance Center
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Midway Ave
Project Location Map 3895 PACIFIC HWY MMCC PPROJECT NO. 3683341
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Washington Street Station
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North
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IY::::;:::::j Medium 29 DUlAc
I::::::::::JMedium High 43 DUlAc
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lndustrtal
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Institutional
Old San Diego
c=J Neighborhood
c=Joflice
Commercial Recreation ~ Schools, Hospitals, Fire Stations
Post Offices, Libraries, Churches
.. Transportation Related
.. Visitor Commerc ial
Proposed Land Uses
lillilillil M It· I U u 1pe se . ~ CanaVOpen Space
Midway I Pacific Highway Corridor Community Plan ity of San Diego • ommunity and Economic Deve lopment
Land Use Map 3895 PACIFIC HWY MMCC PPROJECT NO. 368341
Centre City
3895 Pacific Highway
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HEARING OFFICER RESOLUTION NO. HO
CONDITIONAL USE PERMIT NO. 1287938
ATTACHMENT 4
3895 PACIFIC HWY MMCC -PROJECT NO. 368341
WHEREAS, 3895 PACIFIC HWY LLC, Owner and DILLON SCHIFRIN, filed an application with the City of San Diego for a permit to operate a Medical Marijuana Consumer Cooperative (MMCC) in an existing 967 square-foot building (as described in and by reference to the approved Exhibits "A" and corresponding conditions of denial for the associated Permit No. 1287938), on portions of a 0.09-acre site;
WHEREAS, the project site is located at 3895 Pacific Highway in the IS-1-1 Zone, Airport Influence Area (San Diego International Airport) and Coastal Height Limitation Overlay Zone within the Midway/Pacific Highway Corridor Community Plan area;
WHEREAS, the project site is legally described as Lot 1, Block 245 of Middletown, according to Partition Map thereof made by J.E. Jackson on March 1, 1957, Document No. 3371, Book 6478;
WHEREAS, on July 15, 2015, the Hearing Officer of the City of San Diego considered Conditional Use Permit No. 1287938 pursuant to the Land Development Code of the City of San Diego;
WHEREAS, on February 17,2015, the City of San Diego, as Lead Agency, through the Development Services Department, made and issued an Environmental Determination that the project is exempt from the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et. seq.) under CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures); and the Environmental Determination was appealed to City Council, which heard and denied the appeal on June 2, 2015 pursuant to Resolution No. 309774;
NOW, THEREFORE, BE IT RESOLVED by the Hearing Officer of the City of San Diego as follows:
That the Hearing Officer adopts the following written Findings, dated July 15, 2015.
FINDINGS:
Conditional Use Permit Approval- Section §126.0305
1. The proposed development will not adversely affect the applicable land use plan.
The 0.09-acre site is located at 3895 Pacific Highway is in the IS-1-1 Zone, Airport Influence Area (San Diego International Airport) and Coastal Height Limitation Overlay Zone within the Midway/Pacific Highway Corridor Community Plan Area.
The site is designated Light Industrial within the Midway/Pacific Highway Corridor Community Plan. The Midway/Pacific Highway Corridor Community Plan area includes a variety of commercial uses such as retail shopping centers, discount stores, adult entertainment uses, hotels, motels, restaurants and both heavy and light industrial uses. This community portion contains little residential development. All of the
Page I.of3
ATTACHMENT 4
surrounding parcels are in the IS-1-1 zone and the existing 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 and is consistent with the community plan, therefore will not adversely affect the applicable land use plan.
2. The proposed development will not be detrimental to the public health, safety, and welfare.
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. The limit of four MMCCs per Council District (36 city-wide) and the minimum distance requirements were adopted in order to minimize the impact on the City, residential neighborhoods and to avoid adverse impacts upon the health, safety and general welfare of persons patronizing, residing or working within the surrounding area.
The proposed MMCC located at 3895 Pacific Highway is within 1,000 feet of a minor-oriented facility, Cali Coast Elite located at 2004 Hancock Street, and the Washington Street Stake Park (playground). The proposed MMCC would therefore be detrimental to the public health, safety and welfare of the community.
3. The proposed development will comply with the regulations of the Land Development Code including any allowable deviations pursuant to the Land Development Code.
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.
The proposed MMCC located at 3895 Pacific Highway is within 1,000 feet of a minor-oriented facility, Cali Coast Elite located at 2004 Hancock Street, and the Washington Street Stake Park (playground). The proposed MMCC would therefore not comply with the regulations of the Land Development Code.
4. The proposed use is appropriate at the proposed location.
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 1 00 feet from a residential zone.
The proposed MMCC located at 3895 Pacific Highway is within 1,000 feet of a minor-oriented facility, Cali Coast Elite located at 2004 Hancock Street, and the Washington Street Stake Park (playground). The proposed MMCC would therefore not be at an appropriate location.
Page 2 of3
ATTACHMENT 4
BE IT FURTHER RESOLVED that, based on the findings hereinbefore adopted by the Hearing Officer, Conditional Use Permit No. 1287938 is hereby DENIED by the Hearing Officer to the referenced Owner/Permittee, in the form, exhibits, terms and conditions as set forth in Permit No. 1287938, a copy of which is attached hereto and made a part hereof.
Edith Gutierrez Development Project Manager Development Services
Adopted on: July 15, 2015
Job Order No. 24004648
Page3of3
4" 3895 Pacific Highway 1 ,000 foot Radius around property'. 3895 Pacific Hwy
Columbia College-San Diego
Dr Boyd's Pet Resort
Feature 1
Feature 10
• Feature 11
Feature 12
Feature 2
Feature 3
Feature 4
Feature 5
Feature 6
Feature 7
Feature 8
Feature 9
Gelato Vero Caffe
Giant Photo Service
MCRD Museum Historical Society
Old Town Trolley Tours
Pizza Boss
The Church of Jesus Christ of Latter-day Saints
Valerie Vonprisk Makeup Artista
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m Washington Street Station
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ATTACHMENT 6
1000 Foot Radius Map
Project Pac Hwy MMCC Adress 3895 Pacific Highway
Date 4/23/2014 P/N 450-632-05-00
Use Parcel Number Street Adress Suite Business Name
Retail 451-590-52-00 3441 sutherland st Team Amvets thrift store
Retail 450-632-1 0-00 3441 sutherland st Team Amvets thrift store
Storage 450-631-01-00 3911 Pacific Highway A-1 self storage
Lite Industrial 450-631-08-00 3923 Pacific Highway R.W. Little
Retail/Garage 450-602-05-00 3955 Pacific Highway Vespa Motorspory
Garage 450-602-07-00 3959 Pacific highway BJ's Equipment Rentals
Garage 450-602-02-00 3959 Pacific highway BJ's Equipment Rentals
Office 450-601-02-00 2061 kurtz st Veterans villege san diego
Office 450-601-06-00 2077 Kurtz st Veterans villege san diego
Garage 450-570-15-00 4055 Pacific Highway Dragonfly Auto
Lite industrial 450-601-05-00 4035 Pacific Highway A G Force
Gym 450-601-05-00 4031 Pacific Highway Crosfit Humanity
Lite Industrial 450-601-05-00 4025 Pacific Highway Costal Die Cutting
Garage 450-601-04-00 4005 Pacific Highway Diko Auto Repair
Garage 450-602-1 0-00 2049 Kurtz st Balboa transportation services Inc
Garage 450-602-15-00 3540 Estudillo st Dollar thrifty automotive group, inc
Brewery 451-590-65-00 1795 Hancock st Acoustic Ales
Offices 451-590-63-00 2150 Washington 102 Saban Brands
Offices 451-590-63-00 2150 Washington 110 LIA
Offices 451-590-63-00 2150 Washington 112 Freshform Interactive
Offices 451-590-63-00 2150 Washington 113 The Miller Hull Partnership
Offices 451-590-63-00 2150 Washington 201 Whitmore Architects
Offices 451-590-63-00 2150 Washington 203 O'connor construction MGMT
Offices 451-590-63-00 2150 Washington 205 XM Works, INC
Offices 451-590-63-00 2150 Washington 208 Omega 320 Management
Offices 451-590-63-00 2150 Washington 301 Orcutt Winslow
Offices 451-590-63-00 2150 Washington 303 Domusstudio Architecture
Offices 451-590-63-00 2150 Washington 308 T-Solutions, inc
Offices 451-590-63-00 2150 Washington 401 Kornberg assoc. Architects
Offices 451-590-63-00 2150 Washington 402 Spear/Hall advertising'& pr
Offices 451-590-63-00 2150 Washington 501 Paul barnett photographer
Offices 451-590-63-00 1775 Hancock 120 West berg+ White
Offices 451-590-63-00 1775 Hancock 130 Vali Cooper & Associates, inc
Offices 451-590-63-00 1775 Hancock 150 GkkWorks
Offices 451-590-63-00 1775 Hancock 160 Premier Alliance
Offices 451-590-63-00 1775 Hancock 180 Law Offices
Offices 451-590-63-00 1775 Hancock 190 Caltrop Corporation
Offices 451-590-63-00 1775 Hancock 200 Pacifica Companies
Offices 451-590-63-00 1785 Hancock 100 Ownerguard insurance services
Offices 451-590-63-00 2120 W. Washington 101 New Mindful life
Retail 450-641-13-00 1895 Hancock Consignment Classics
Retail 451-724-03-00 1920 Hancock Jet Graphics
Food Service 450-641-12-00 1929 Hancock NHA Central Kitchen
Lite Industrial 450-641-09-00 2004 Hancock Cali Coast Elite
ATTACHMENT 6
Lite Industrial 450-612-07-00 2010 Hancock 858 graphics Entertainment 450-612-08-00 2028 Hancock Spin Night Club
Gym 450-611-22-00 2074 Hancock Solid Rock Gym Retail 450-611-23-00 2050 Hancock Buffalo Breath Costumes Retail 451-723-02-00 1851 San Diego Ave. Wurts Gym 451-723-02-00 1851 San Diego Ave. Clark Gracie, Jui-Jitsu Academy
Retail 451-723-02-00 1851 San Diego Ave. Leo Hammel & Co. Retail 451-723-02-00 1851 San Diego Ave. Sign King Retail 451-722-12-00 1866 San Diego Ave. Discount Auto Service Center
Garage 451-722-13-00 1858 San Diego Ave. Economy Car Rental Retail 451-723-01-00 1891 San Diego Ave. Maidhof Bro.s Nautical Antiques
Restaurant 451-724-03-00 1890 San Diego Ave. Dos Brasas Mexican food Retail 451-724-04-00 1911 San Diego Ave. Mission Hills Auctioneers Retail 451-724-03-00 1919 San Diego Ave. Mr. Consignment USA Hotel 451-715-02-00 1955 San Diego Ave. Holiday Inn Express
Service Yard 450-613-09-00 2015 Hancock San Diego Metropolitan transit
system
ATTACHMENT 7
THE CtTY OF SAN DIEGO
Date of Notice: February 17,2015
NOTICE OF RIGHT TO APPEAL ENVIRONMENTAL DETERMINATION
DEVELOPMENT SERVICES DEPARTMENT SAP No. 24004648
PROJECT NAME/NUMBER: 3895 Pacific Hwy MMCC/368341 COMMUNITY PLAN AREA: Midway/Pacific Highway Corridor Community Plan COUNCIL DISTRICT: 2 LOCATION: The project is located at 3895 Pacific Highway, San Diego, CA 92110.
PROJECT DESCRIPTION: The proposed project is a request for a Conditional Use Permit (CUP) for a Medical Marijuana Consumer Cooperative (MMCC). The facility is proposing to operate the MMCC within an existing 967- square-foot-building located at 3895 Pacific Highway. The 0.09-acre site is located within the Midway/Pacific Highway Corridor Community Plan Area; it is subject to the IS-1-1 Zone, the Airport Influence Area for San Diego International Airport, the Part 77 Noticing Area, and the Coastal Height Limitation Overlay Zone. The cmmmmity plan designates the site as Light Industrial.
ENTITY CONSIDERING PROJECT APPROVAL: City of San Diego Designated Staff
ENVIRONMENTAL DETERMINATION: CEQA Exemption 15303 (New Construction or Conversion of Small Structures)
ENTITY MAKING ENVIRONMENTAL DETERMINATION: City of San Diego
STATEMENT SUPPORTING REASON FOR ENVIRONMENTAL DETERMINATION: The City of San Diego conducted an environmental review that determined the project would not have the potential for causing a significant effect on the environment. The project meets the criteria set fmih in CEQA Guidelines Section 15303 which allows for the conversion of existing small structures from one use to another where only minor modifications are made to the exterior of the structure. The exceptions listed in CEQA Section 15300.2 would not apply.
DEVELOPMENT PROJECT MANAGER: MAILING ADDRESS:
PHONE NUMBER:
Edith Gutierrez 1222 First Avenue, MS 501 San Diego, CA 92101 (619) 446-5147
On February 17, 2015 the City of San Diego made the above-referenced environmental determination
ATTACHMENT 7
pursuant to the California Environmental Quality Act (CEQA). This determination is appealable to the City Council. If you have any questions about this determination, contact the City Development Project Manager listed above.
Applications to appeal CEQA determination made by staff (including the City Manager) to the City Council must be filed in the office ofthe City Clerk within 10 business days from the date ofthe posting of this Notice (March 3, 2015). The appeal application can be obtained from the City Clerk, 202 'C' Street, Second Floor, San Diego, CA 92101.
This information will be made available in alternative formats upon request.
- -· - -- ------· •.. ~--
POSTED IN THE OFFICE OF DSD
Posted FEB 13 2015 JfVI.< Removed MAR 0 4 2015
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KEY NOTES
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G) EXISTING ENTRY STAIR- 2 STEPS
(±)EXISTING GATE- RELOCATE WITHIN PRO?ERTY UN,::
@ EXISTING FENCE
@ EXISTING CURB CUT TO BE REMOVED AND REPLACED WITf-' NEW CURB AND GIJTTER PER SO REGIONAL STAND.D,ROS
(i) EXISTING ILLWvliNATED POLE SIGN
@EXISTING 'Rii>-JG BELL FOR ASSISTANCE" SIGN WITH INTERNATIOi\lAL SYMBOL OF ACCESSIBILITY
@ N'2N CURB A1'iO GUTTER PSR SO REGIONAl_ STANOi-\FiDS
@ ACCESSIBLE P;-\ TH
@ EXISTING CURS RA/viP WITH TRUNCATED DOME D~ECTABLC WARNiNG A.t'lD GROOVING
@ E..XISTING GUTTER
@ NEW CONCRETE PAVING TO MATCH CITY SIDEWALK PER SO REGION.AL STANOAF!OS ORAVo/INGS
@ PROPOSED ACCt.SSI9LE RA,'viP ~NO RAILiNGS
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ATTACHMENT 8
3437 NOELL STREET APN:450-6J2-1000
BLCCK 245, DOC 1342 REG. 1972 LOTS 181-166 BLOCI< 197, MAP
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scale: 1/4"= 1'-0"
REVlSION 5; ______ ,_l_c·"-=',_._,IS""----------REVlSION 4; _______ LI ·:_-:":' 1"-:Jic;,S __________ _
RE'~SION 3: -------"'12'--"'0"-3-..:I.:c4 __________ _
REVISION 2: _______ ,_7-_lcc6_-'-'14c:c---:--::-=c--REVISION I, _______ ,c5-:;8o=-c.14,_....FU,L;,l _,;S"'UB,M"'ITI"'A"l---ORIGINAL DRAWING PREPARATION DATE:
SHEET #: 4-22-14
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SHEET TiTLE: _ _cfL=OO:cR..:P..:L'.c'~'---------------
3895 PACIFIC HIGHWAY, SAN DIEGO, CA
POINT Of DEPAHTURE ARCHITECTURE
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SUBMITTAL
DATE: 04.18.14
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Project Name:
3895 Pacific Hwy
City of San Dlego () evelorJ lll<' M St·rdl'<o~
1222 Fii'St .\\'L, ;\JS-J02 S<w Dit'g,;. C·\ 921()1
Project Scope!Location:
ATTACHMENT 9
C'on1n1unity PJanning Con11nittee
Distribution Forn1 Part 2
__ -_['''"i"~ '\ l~~~-1-h-t~~r: __ , r-,;·~~~ib:;~ion ()ate:
I 5/9/2014 68341
MIDWAY-PACIFIC HIGHWAY Conditional Use ?ermit (?rcces~. 3) for a MediGc!l ~ ,1ar:juanJ Cc:r:~~Lr::t-: :::>Jo~Je·-ative (r~~1l\.11CC) t:) 1y The D.C•9·clC:re ~.:"is IOG?;ted ··1 :.'le IS-1-1 1:e C<:rd= 1
operate within an existing 967 square focc :)ui'd-ng loc3lE:::; Dt 3,335 PaciAc H1ghw,· zone within ~he Midvvay/North Bay C-::~rnn· ~nity Pl;n t\ro<L Cou 1cil J'strict 2. r--bli
Applicant Name:
Schifrin, Dillon
Project Manager: Phoue :'-lumber: F.n
Gutierrez, Edith (619) /,4E;-5~47 i (1: (
Committee Recommendations (Ttl be comp[et<·d fo•·lnitial HL·,·it·w):
E Cuti e_ me z@saudte_g o. "="-·j
---
0 Vote to Appnn·c .'vi emi.Jet·s Y<.·s [\
-- -p Vote to Approve Members 1 e~ \
0 ~ With Conditions Listed Below
D Vote to Approve 1\ I 1': m hers \' ~;.; .:'\
":ifh !\'on-Binding Ree:ommcnrlalion> Listed Bclo•'
0 Vote to Deny o\1 ember~ \' e> \
.
LJ No Action (Please specify, e.g., 1\ri'l'd f11rthcr· infor·m,uion. :-;p!it volt·, L:1c. quorum, etc.)
.
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ATTACHMENT 9
Midway Community Planning Group actfon on project# 368341. 3895 Pacific Hwy
Note: the Planning Group based its review entirely on compliance with the Midway/ Pacific Highway Community Plan. We did not attempt to apply the additional restrictions in the MMCC ordinance. which wilr be up to the city to evaluate.
Our approval is CONDITIONAL The conditions are: 1. That the City does not find this business to be located within 1,000 square feet of any use designated as needing a minimum separation requirement. 2. That the City finds that this app'ication meets all of the Medical Marijuana ordinance requin:!ments.
We also have a non-binding RECOMMENDATION The recommendation is: 1. The applicant make a good-faith effort to add two parking spaces. and to provide alternative transportation options for employees such as transit passes and bike parking; the applicant has already stated their desire to do so
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ATTACHMENT 10
City of San Diego Development Services 1222 First Ave., MS-302 San Diego, CA 92101
TM< Crrv "' SA>t DIEGO (619) 446-5000
Ownership Disclosure Statement
Approval Type: Check appropriate box for type of approval (s) requested: r, Neighborhood Use Permit L Coastal Development Permit
L Neighborhood Development Permit r.Site Development Permit L, Planned Development Permit ~Conditional Use Permit ["Variance j Tentative Map l Vesting Tentative Map [':Map Waiver ['Land Use Plan Amendment • rother
Project Title Projec~B~~~f'Y 1 3895 PACIFIC HWY MMCC CUP
Project Address:
3895 PACIFIC HWY, SAN DIEGO CA 92110
Part I •To be completed when pt'o~rty is held bylndividual(s) . ._._.:·· .·· >.··.. ' "· · ... -.•... _ .·· . : .· ·, . ·•· ; .·.·.• . . . : •!< . · .... ·•·•··•• .•.. ,· . ' •. ·.· · .. : .. ··•:..::
B¥ signing the Ownership Disclosure Statement, the owner(s) ackno',','ledge that an agglication for a germit, mag or other matter, as identified above, will be filed with the Cit)( of San Diego on the subject grogert)(, with the intent to record an encumbrance against the grogertl[. Please list below the owner(s) and tenant(s) (if applicable) of the above referenced property. The list must include the names and addresses of all persons who have an interest in the property, recorded or otherwise, and state the type of property interest (e.g., tenants who will benefit from the permit, all individuals who own the property). A signature is reQuired of at least one of the grogert)( owners. Attach additional pages if needed. A signature from the Assistant Executive Director of the San Diego Redevelopment Agency shall be required for all project parcels for which a Disposition and Development Agreement (DDA) has been approved I executed by the City Council. Note: The applicant is responsible for notifying the Project Manager of any changes in ownership during the time the application is being processed or considered. Changes in ownership are to be given to the Project Manager at least thirty days prior to any public hearing on the subject property. Failure to provide accurate and current ownership information could result in a delay in the hearing process.
Additional pages attached Yes No
Name ot Individual (type or pnnt): Name of Individual (type or pnnt): DILLON SCHIFRIN
["owner jg' Tenant/Lessee L Redevelopment Agency f": Owner C: Tenant/Lessee C Redevelopment Agency
-Street Address: Street Address: 1765 GARNET AVENUE#206
City/State/Zip: City/State/Zip: SAN DIEGO, CA 92109
Phone No: Fax No: Phone No: Fax No: 619-70 ij49Q7 r, L A
-==-----rsate:=-· ~1gnatur\J 1 :~ 81gnature: Date:
JT' .20-2014 ) .I
'·-Name of Individual (type·bP'print): Name of Individual (type or print):
C:Owner [)en ant/Lessee [";Redevelopment Agency rowner ["Tenant/Lessee C' Redevelopment Agency
Street Address: Street Address:
---City/State/Zip: City/State/Zip:
Phone No: Fax No: Phone No:
Signature: Date: Signature:
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Printed on recycled paper. Visit our web site at w.ww.sand.Le.gp_,govloe.veto.p.rne.nl:.s.e.rv.iQe;?. Upon request, this information is available in alternative formats for persons with disabilities.
__________ .:_ _ _:____ DS-318 (5-05)
Fax No:
Date:
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ATTACHMENT 10 Project Title:
3895 PACIFIC HWY MMCC CUP I Project Ng. p=pr _c;iiY,; Use Only)
7VY. ··")L' I ,_ . .~ -· '
j Part U~To ~~()rijpJ~~ed wh~nprppertyh;; held by a corpcmttion or partnership .·.···· .·. Legal Status (please check):
!corporation ~'Limited Liability -or- L' General) What State? ___ Corporate Identification No. ______ _
j Partnership
By signing the Ownership Disclosure Statement. the owner(s) acknowledge that an application for a permit. map or other matter. as identified above. will be filed with the City of San Diego on the subject property with the intent to record an encumbrance against the property .. Please list below the names, titles and addresses of all persons who have an interest in the property, recorded or otherwise, and state the type of property interest (e.g., tenants who will benefit from the permit, all corporate officers, and all partners in a partnership who own the property). A signature is required of at least one of the corporate officers or partners who own the property. Attach additional pages if needed. Note: The applicant is responsible for notifying the Project Manager of any changes in ownership during the time the application is being processed or considered. Changes in ownership are to be given to the Project Manager at least thirty days prior to any public hearing on the subject property. Failure to provide accurate and current ownership information could result in a delay in the hearing process. Additional pages attached l Yes r No
Corporate/Partnership Name (type or print): 3895 PACIFIC HWY LLC
!S(iOwner [" Tenant/Lessee
Street Address: 3895 PACIFIC HWY
City/State/ZiQ: SAN DIEUO, CA 92110
Phone No: 858-361-5601
Fax No:
Name of Corporate Officer/Partner (type or print): MICHAEL MCNALLY
Title (type or print): MANAGING PARTNER
Date: 04-20-2014
Corporate/Partnership Name (type or print):
Downer L Tenant/Lessee
Street Address:
City/State/Zip:
Phone No: Fax No:
Name of Corporate Officer/Partner (type or print):
Title (type or print):
Signature: Date:
Corporate/Partnership Name (type or pnnt):
Owner [J Tenant/Lessee
Street Address:
City/State/Zip:
Phone No: Fax No:
Name of Corporate Officer/Partner (type or pnnt):
Title (type or print):
Signature : Date:
Corporate/Partnership Name (type or print):
['Owner [' Tenant/Lessee
Street Address:
City/State/Zip:
Phone No: Fax No:
Name of Corporate Officer/Partner (type or print):
Title (type or print):
Signature: Date:
Corporate/Partnership Name (type or print):
[''Owner Tenant/Lessee
Street Address:
City/State/Zip:
Phone No: Fax No:
Name of Corporate Officer/Partner (type or print):
Title (type or print):
Signature: Date:
Corporate/Partnership Name (type or print):
['Owner [''Tenant/Lessee
Street Address:
City/State/Zip:
Phone No: Fax No:
Name of Corporate Officer/Partner (type or print):
Title (type or print):
Signature: Date:
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