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HomeMy WebLinkAbout1987ORDINANCE NO. 1987 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO EXTEND INTERIM URGENCY ORDINANCE NO. 1983 FOR AN ADDITIONAL SIX MONTHS, AND CONTINUE FOR THIS PERIOD A TEMPORARY MORATORIUM ON CITY APPROVAL OF NEW APPLICATIONS FOR PERMITS TO ENGAGE IN CERTAIN CANNABIS BUSINESSES AND ACTIVITIES IN PORTIONS OF THE DESERT HIGHLAND GATEWAY ESTATES AND DEMUTH PARK NEIGHBORHOODS OF THE CITY, FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE GENERAL PLAN, MUNICIPAL CODE AND ZONING CODE IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858. (4/5tns Vote Required.) City Attorney's Summary Pursuant to Government Code Section 65858, this Interim Urgency Ordinance extends a temporary moratorium for a period of six (6) months on approvals of new applications for permits to engage in certain cannabis - related businesses and activities in portions of the Desert Highlands Gateway Estates and Demuth Park neighborhoods. If adopted, this moratorium will pause approvals for new applications for permits to engage in cannabis businesses and activities to allow the City time to study and consider potential amendments to the General Plan or Municipal Code to address the potential impacts of such activities. The moratorium requires a four -fifths (4/5th) vote of the City Council to pass. The City may extend this moratorium one additional time by twelve (12) months by adoption of a second extension ordinance, which requires notice in accordance with Government code Section 65090, a public hearing, and a four -fifths (4/51h) vote of the City Council to pass. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Findings. A. On February 20, 2019, pursuant to Section 65858 of the California Government Code, the City Council of the City of Palm Springs adopted Ordinance No. 1983, an Interim Urgency Ordinance which temporarily suspends the approval of new applications for permits to engage in cannabis businesses and activities in a portion of the Desert Highland Gateway Estates and Demuth Park neighborhoods. Interim Urgency Ordinance No. 1987 Page 2 B. Section 65858 of the California Government Code provides that Ordinance No. 1983 shall expire and be of no further force and effect forty-five (45) days from its date of adoption (February 20, 2019). C. Section 65858 of the California Government Code provides that prior to the expiration of Ordinance No. 1983, the City may extend Ordinance No. 1983 for an additional ten (10) months and fifteen (15) days after giving notice pursuant to Section 65090 of the California Government code and conducting a public hearing. D. On March 20, 2019, the City Council issued a written report describing the measures and actions taken by the City to alleviate the circumstances and conditions which led to the adoption of Ordinance No. 1983 since its adoption on February 20, 2019 as required by Government Code Section 65858 ("Council Report"). E. Based on the Council report, the City Council has determined that the circumstances and conditions that led to the adoption of Ordinance No. 1983 and which are set forth in that Ordinance have not been alleviated as of the date of this Ordinance and continue to create the concerns described therein. F. The Council intends to extend the temporary suspension on the approval of new applications for permits to engage in cannabis businesses and activities in a portion of the Desert Highland Gateway Estates and Demuth Park neighborhoods, as currently authorized under Ordinance No. 1983, to continue studying possible amendments to the City's General Plan and Municipal Code to help ensure that this activity is regulated in a way that protects the community and complies with applicable law. G. The purpose of extending Ordinance No. 1983 is to avoid the potentially significant adverse impacts to the public's health, safety, and welfare described in that Ordinance, and the Council expressly re -adopts the urgency findings set forth therein. H. The City Council has determined that there is a need to extend Ordinance No. 1983 for an additional period of six (6) months to complete its work on regulations to govern cannabis businesses and activities in portions of the Desert Highland Gateway Estates and Demuth Park neighborhoods, as allowed under Section 65858 of the California Government Code. The notice and public hearing required by Section 65858 of the California Government Code for the extension of Ordinance No. 1983 have been provided as required. Interim Urgency Ordinance No. 1987 Page 3 SECTION 2. Extension of Moratorium. Now, therefore, in accordance with California Government Code Section 65858, the City Council adopts this Ordinance, extending Ordinance No. 1983 for a period of six (6) months. SECTION 3. Effect of Moratorium. During the time this Ordinance is in effect, the City of Palm Springs shall not approve any new application for a "medical cannabis permit" and/or an "adult -use cannabis business permit," as those terms are defined in PSMC Sections 5.45.050 and 5.55.050 respectively; however, applications for Medical or Adult -Use Cannabis Transportation and Distribution Facilities shall be shall be exempt from this moratorium. SECTION 4. Boundaries. This moratorium applies only to the areas depicted in Attachments 1 and 2 (as corrected) and as reiterated in the descriptions below: A. Desert Highlands Gateway Estates. The area graphically reflected in Attachment 1, including properties on both sides of all boundary streets, and as described as follows: 1. Northern Boundary: Radio Road between Indian Canyon Drive and McCarthy Road; 2. Southern Boundary: San Rafael Road between Indian Canyon Drive and McCarthy Road; 3. Western Boundary: McCarthy Road between Radio Road and San Rafael Road; and 4. Eastern Boundary: Indian Canyon Drive between Radio Road and San Rafael Road. B. Demuth Park. The area graphically reflected in Attachment 2, including properties on both sides of all boundary streets except as noted below, and described as follows: 1. Northern Boundary: East Camino Parocela between Vella Road and South Gene Autry Trail; 2. Southern Boundary: East Sunny Dunes Road between Vella Road and South Gene Autry Trail; 3. Western Boundary: Vella Road between East Sunny Dunes Road and East Camino Parocela; and Interim Urgency Ordinance No. 1987 Page 4 4. Eastern Boundary: South Gene Autry Trail between East Camino Parocela and East Sunny Dunes Road, excluding the properties on the east side of South Gene Autry Trail. SECTION 5. Urgency. The City Council hereby finds and determines that the adoption of this Ordinance and the extension of Ordinance No. 1983 is necessary for the current and immediate protection of the public health, safety, and welfare of the City and its residents for all the reasons set forth in the Findings above and in Ordinance No. 1983, which are hereby expressly incorporated as though fully set forth herein. SECTION 6. Study. The City Council hereby directs the Department of Planning Services and the Office of Special Programs to study and develop potential amendments to the General Plan, Municipal Code, Zoning Code or any other governing City planning document or policy related to over -concentration of, and related impacts from cannabis business activity. SECTION 7. CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act under California Code of Regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. The ordinance temporarily ensures that the status quo is maintained. SECTION 8. Severability. If any section or provision of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The city Council hereby declares that it would have adopted this ordinance, and each section or provisions thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 9. Effectiveness. This ordinance is declared an interim urgency measure necessary for the immediate protection and preservation of the public peace, health, safety, and welfare for the reasons stated above, and it takes effect immediately on adoption by the City Council by at least a four -fifths (4/5'h) vote, and signing by the City Clerk. SECTION 10. Report. Ten days before this interim urgency ordinance or any extension hereof expires, the City Council shall issue a written report describing the measures that the City has taken to address the conditions that led to the adoption of this ordinance. Interim Urgency Ordinance No. 1987 Page 5 ADOPTED THIS 3RD DAY OF APRIL, 2019. ATTEST: A HONY J. ME M ITY CLEF r ROBERf MOON MAYOR CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Interim Urgency Ordinance No. 1987 is a full, true, and correct copy, and was adopted at a regular meeting of the City Council held on the 3rd day of April, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 48� day of 1 ? �. THONY . 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