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HomeMy WebLinkAbout2002ORDINANCE NO. 2002 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO EXTEND INTERIM URGENCY ORDINANCE NO. 1987 FOR AN ADDITIONAL CALENDAR YEAR, 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. City Attorney Summary Pursuant to Government Code Section 65858, this Interim Urgency Ordinance extends a temporary moratorium for a period of one (1) calendar year 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. This moratorium requires notice in accordance with Government code Section 65090, a public hearing, and a four -fifths (4/5fh) vote of the City Council to pass. The City may not extend the moratorium beyond the term provided in this Interim Urgency Ordinance. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: 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 suspended 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. 2002 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 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 ("First Report"). E. Based on the First Report, it was determined that the circumstances and conditions that led to the adoption of Ordinance No. 1983 and which were set forth in that Ordinance had not been alleviated as of the date of the Ordinance and continued to create the concerns described therein. F. On April 3, 2019 City Council held a public hearing and adopted Ordinance No. 1987 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 authorized under prior 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 was to avoid the potentially significant adverse impacts to the public's health, safety, and welfare described in that Ordinance, and the Council expressly re -adopted the urgency findings set forth therein. H. The notice and public hearing required by Section 65858 of the California Government Code for the extension of Ordinance No. 1983 were provided as required. The City Council determined that there was a need to extend Ordinance No. 1983 for an additional period of six (6) months for the City 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. Interim Urgency Ordinance No. 2002 Page 3 J. Section 65858 of the California Government Code provides that prior to the expiration of Ordinance No. 1987 (October 3, 2019), the City may extend the moratorium for one (1) additional calendar year after giving notice pursuant to Section 65090 of the California Government code and conducting a public hearing. K. On September 23, 2019, the City 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. 1987 since its adoption on April 3, 2019 as required by Government Code Section 65858 ("Second Report"). L. Based on the Second Report, it is determined that the circumstances and conditions that led to the adoption of Ordinance Nos. 1983 and 1987 and which were set forth in those Ordinances have not been alleviated as of the date of those Ordinances and continue to create the concerns described therein. M. On October 2, 2019, the City Council held a noticed public hearing and voted to extend the temporary suspension on the approval of new applications for permits to engage in cannabis businesses and activities in certain portions of the Desert Highland Gateway Estates and Demuth Park neighborhoods, as currently authorized under Ordinance No. 1987, to continue studying and drafting 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. N. The purpose of extending Ordinance No. 1987 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. O. The City Council determines that there is a need to extend Ordinance No. 1987 for an additional period of one (1) calendar year to complete its work on regulations to govern cannabis businesses and activities in certain portions of the Desert Highland Gateway Estates and Demuth Park neighborhoods, as allowed under Section 65858 of the California Government Code. P. The notice and public hearing required by Section 65858 of the California Government Code for the extension of Ordinance No. 1987 have been provided as required. SECTION 2. Extension of Moratorium. Now, therefore, in accordance with California Government Code Section 65858, the City Council adopts this Ordinance, extending Ordinance No. 1987 for a period of one (1) calendar year. Interim Urgency Ordinance No. 2002 Page 4 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 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, and as 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 4. Eastern Boundary: South Gene Autry Trail between East Camino Parocela and East Sunny Dunes Road. SECTION 5. Urgency. The City Council hereby finds and determines that the adoption of this Ordinance and the extension of Ordinance No. 1987 is necessary for the current and immediate protection of the public health, safety, and welfare of the City and Interim Urgency Ordinance No. 2002 Page 5 its residents for all the reasons set forth in the Findings above and in Ordinance No. 1987, 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 continue 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 (4/5t") vote, and signing by the City Clerk. ADOPTED THIS 2ND DAY OF OCTOBER, 2019. ROBERT MOON MAYOR ATTJEST: ANTHONY J. KJIA, 4MC CITY CLERK Interim Urgency Ordinance No. 2002 Page 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS) CERTIFICATION Ss. I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Interim Urgency Ordinance No. 2002 is a full, true, and correct copy, and was adopted at a regular meeting of the City Council held on the 2"d day of October, 2019, by the following vote: AYES: Councilmembers Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: Councilmember Holstege IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 1-1` - day of , Zo 1G. ,94 UWTHONY EJIA CITY CLE