HomeMy WebLinkAbout24799RESOLUTION NO. 24799
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADDING CRITERIA FOR
CONSIDERATION OF REQUESTS FOR WAIVERS OF
CERTAIN CANNABIS BUSINESS SEPARATION
REQUIREMENTS.
A. The City of Palm Springs is a charter city organized pursuant to Article XI
of the California Constitution and pursuant to the authority granted the City by Sections 5
and 7 of Article XI, the City has the power to make and enforce within its limits all
ordinances and regulations in respect to municipal affairs not in conflict with general laws
and its own charter. Such police powers include without limitation the ability to adopt
comprehensive zoning regulations and regulations upon the use of land and property
within the City; and
B. Pursuant to Article XI, Section 7 of the California Constitution, the City of
Palm Springs may adopt and enforce ordinances and regulations not in conflict with
general laws to protect and promote the public health, safety, and welfare of its citizens;
and
C. The Federal Government has issued guidelines for states and local
governments that have enacted laws authorizing cannabis -related conduct, requiring
them to implement strong and effective regulatory and enforcement systems that will
address the threat that medical and adult -use cannabis activity could pose to public
safety, public health, and other law enforcement interests; and
D. On June 27, 2017, the Medical and Adult Use Cannabis Regulation and
Safety Act ("MAUCRSA") was signed into law, which provides a comprehensive
regulatory framework for licensing, control, and taxation of medical and adult -use
cannabis -related businesses in California; and
E. It is the intent of the City Council to have a strong and effective regulatory
system with regard to cannabis -related businesses which is intended to address the
negative impacts and nuisance impacts associated with the uses; and
F. With that purpose, the City Council adopted Ordinance 1943, amending the
Palm Springs Zoning Code to accommodate businesses allowing the medical and adult
use of cannabis while protecting the health, safety, and general welfare of residents and
businesses within incorporated areas of the City of Palm Springs and comply with State
law and Federal guidelines; and
G. In administering the ordinance, the City received reports of concerns of
odors from cannabis establishments and over -concentration of use, and adopted
Ordinance 2007 in December 2019 to address these concerns. As part of the ordinance
revisions, the City Council revised the separation requirements between cannabis
dispensaries and lounges, with a provision that additional criteria for waivers from the
separation requirements may be adopted by separate resolution.
Resolution No. 24799
Page 2
H. Staff met with the City Council Cannabis Subcommittee on August 3, 2020,
and based on those discussions, Staff has prepared this resolution which proposes
additional criteria that may be considered by the City Council in reviewing requests for
waivers of separation requirements for cannabis dispensaries and cannabis lounges,
while continuing to address concerns related to overconcentration of use.
I. The proposed action is not subject to the California Environmental Quality
Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and
15060(c)(3) of the State Guidelines, because the resolution will not result in a direct or
reasonably foreseeable indirect physical change in the environment and is not a "project,"
as that term is defined in Section 15378 of the State Guidelines; and
J. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on this resolution, including, but not limited to,
the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the findings and determinations reflected above are true and
correct, and are incorporated by this reference herein as the cause and foundation for the
action taken by and through this resolution.
SECTION 2. In addition to the findings listed in Palm Springs Zoning Code Section
94.06.01(13)(3), the City Council may consider any or all of the following additional optional
factors when evaluating waivers from separation requirements for Cannabis Dispensaries
and Cannabis Lounges, including but not limited to the following:
a) The proposed use will be located in an existing building that is blighted;
b) The proposed use will be located in an existing commercial tenant space
that has been vacant for an extended period of time or has a demonstrated
history of being difficult to lease for commercial uses;
c) Approval of the proposed use will not result in the same type of cannabis
use along the same block frontage where the use is proposed to be located;
d) The proposed facility will be harmonious with adjacent businesses,
including compatibility of use, operations, and business hours;
e) The applicant has been qualified as a participant in the City's Cannabis
Social Equity Program.
SECTION 3. The criteria listed in Section 2 above may be repealed, modified or
supplemented at any time upon approval of a subsequent resolution of the City Council.
SECTION 4. This action is not subject to the California Environmental Quality Act
(Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and
15060(c)(3) of the State Guidelines, because the resolution will not result in a direct or
reasonably foreseeable indirect physical change in the environment and is not a "project,"
as that term is defined in Section 15378 of the State Guidelines; and
Resolution No. 24799
Page 3
ADOPTED this 10th day of September, 2020.
1
David H. Ready, Ci ager
ATTEST:
A o�nl—y J. M j Cit
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24799 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on September 10, 2020, by the
following vote:
AYES: Councilmembers Garner, Woods, and Mayor Kors
NOES: Councilmember Middleton
ABSENT: None
RECUSED: Mayor Pro Tern Holstege
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 244- day of kemgzf 20�•
Anifiony J. ejia,
City of Palm Springs, California