HomeMy WebLinkAbout2007ORDINANCE NO. 2007
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE
PALM SPRINGS ZONING CODE RELATED TO THE
LOCATION AND OPERATION OF CANNABIS FACILITIES
WITHIN THE CITY.
City Attorney Summary
This Ordinance amends various sections of the Palm Springs
Zoning Code to update the city's regulations and procedures
governing the location and operation of cannabis facilities,
including updates to the City's separation/distance
requirements, parking standards, odor and other nuisance
control regulations, and notice/public hearing procedures.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
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
Ordinance No. 2007
Page 2
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. The City received reports of concerns of over -concentration of and odors
from cannabis establishments in areas of the City without separation or intensity of use
limitations. To that end, Ordinance 1983 was adopted on February 20, 2019, temporarily
suspending the approval of new applications to engage in cannabis businesses and
activities in a portion of the Desert Highland Gateway Estates and Demuth Park
neighborhoods. The moratorium on the approval of new applications was extended on
April 3, 2019, and again on October 2, 2019; and
H. In reviewing the conditions that led to the adoption of a moratorium, the City
Council requested that the Planning Commission review measure relative to over -
concentration of cannabis uses, intensity of cannabis uses, notification requirements for
cannabis -related businesses and activities, and architectural review standards; and
To that end, Staff has prepared a draft ordinance intended to address these
issues; and
J. On September 25, 2019, the Planning Commission held a public meeting
to discuss the draft ordinance, and to take public input on the matter. At the conclusion
of the meeting, the Planning Commission directed staff to schedule a public hearing on
the matter and to provide public notice accordingly; and
K. Notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider the draft ordinance was given in accordance with applicable law; and
L. On October 10, 2019, at a noticed public hearing of the Planning
Commission, the Commission considered the draft ordinance and voted 6 to 0 to
recommend approval of it to the City Council; and
M. On November 6, 2019, the City Council held a noticed public hearing on the
proposed ordinance in accordance with applicable law.
N. The proposed ordinance 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 ordinance 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
O. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the proposed ordinance, including, but not
limited to, the staff report, and all written and oral testimony presented.
Ordinance No. 2007
Page 3
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN 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 Ordinance.
SECTION 2. Amend Subsection (B) of Section 91.00.10(B) of Chapter 91.00 of
the Palm Springs Municipal Code to modify selected definitions as follows:
"Cannabis Dispensary" means a premises where Cannabis, Cannabis products,
goods, or devices for Cannabis products or goods are offered, either individually
or in any combination, for retail sale, including an establishment (whether fixed or
mobile) that delivers, pursuant to MAUCRSA, Cannabis and Cannabis products,
goods or devices as part of a retail sale and where the operator holds a valid
administrative cannabis permit from the City of Palm Springs authorizing the
operation of a dispensary, and a valid state license as required by State Law to
operate a dispensary.
"Cannabis Facility" means any business or operation which engages in cannabis
activity, as defined in Chapter 5.55 of this Code.
"Cannabis Lounge" means a discrete facility where Cannabis and Cannabis
products or goods may be smoked or ingested within the confines of the facility.
"Cannabis Transportation and Distribution Facility" means a facility for the
procurement, sale, storage, transfer and transport of cannabis and cannabis
products or goods between entities licensed pursuant to this chapter.
"Cannabis Cultivation Facility" means a facility where cannabis is cultivated and
processed only for distribution to a licensed Cannabis Facility. A Cannabis
Cultivation Facility includes cannabis nurseries.
"Cannabis Manufacturing Facility" means a facility where cannabis is processed,
extracted, or compounded into cannabis products or goods intended for
consumption, inhalation, or topical application, including a facility that packages or
repackages cannabis products or goods, where the operator holds a valid permit
for manufacturing from the City of Palm Springs, and a valid state license as
required by State Law for manufacturing.
"Cannabis Testing Facility" means a facility, entity, or site that offers or performs
testing of cannabis or cannabis products and that is both of the following:
1. Accredited by an accrediting body that is independent from all other persons
involved in any segment or aspect of the cannabis industry in the state; and
2. Registered with the California State Department of Public Health.
Ordinance No. 2007
Page 4
SECTION 3. Amend Subsection (B) of Section 91.00.10(B) of Chapter 91.00 of
the Palm Springs Municipal Code to eliminate the following definitions:
"Medical Cannabis" and "Medical Marijuana"
"Medical Cannabis Cooperative or Collective"
"Medical Cannabis Facility"
SECTION 4. Amend Subsection (A) of Section 92.09.01 of Chapter 92.00 of the
Palm Springs Municipal Code (CBD Zone Regulations) to revise the following use:
4. Cannabis lounge or cannabis dispensary, subject to the property
development standards contained in Section 93.23.15 of this Code;
SECTION 5. Amend Subsection (A) of Section 92.09.01 of Chapter 92.00 of the
Palm Springs Municipal Code (CBD Zone Regulations) to delete the following use and
renumber all following uses accordingly:
5. Cannabis lounge, subject to the property development standards contained
in Section 93.23.15 of this Code;
SECTION 6. Amend Subsection (A) of Section 92.12.01 of Chapter 92.00 of the
Palm Springs Municipal Code (C-1 Zone Regulations) to revise the following use:
17. Cannabis lounge or cannabis dispensary, subject to the property
development standards contained in Section 93.23.15 of this Code;
SECTION 7. Amend Subsection (A) of Section 92.12.01 of Chapter 92.00 of the
Palm Springs Municipal Code (C-1 Zone Regulations) to delete the following use and
renumber all following uses accordingly:
35. Medical cannabis dispensary or adult -use cannabis dispensary, subject to
the property development standards contained in Section 93.23.15 of this Code;
SECTION 8. Amend Subsection (A) of Section 92.14.01 of Chapter 92.00 of the
Palm Springs Municipal Code (C-2 Zone Regulations) to revise the following use:
9. Cannabis lounge or cannabis dispensary, subject to the property
development standards contained in Section 93.23.15 of this Code;
SECTION 9. Amend Subsection (A) of Section 92.14.01 of Chapter 92.00 of the
Palm Springs Municipal Code (C-2 Zone Regulations) to delete the following uses and
renumber all following uses accordingly:
18. MCCC facilities, subject to the property development standards contained
Ordinance No. 2007
Page 5
in Section 93.23.15 of this Code and compliance with the provisions of
Chapter 5.35 of this Code;
19. Medical cannabis dispensary or adult -use cannabis dispensary, subject to
the property development standards contained in Section 93.23.15 of this Code;
SECTION 10. Amend Subsection (A) of Section 92.14.1.01 of Chapter 92.00 of
the Palm Springs Municipal Code (HC Zone Regulations) to revise the following use:
2. Cannabis lounge or cannabis dispensary, subject to the property
development standards contained in Section 93.23.15 of this Code;
SECTION 11. Amend Subsection (A) of Section 92.14.1.01 of Chapter 92.00 of
the Palm Springs Municipal Code (HC Zone Regulations) to delete the following uses and
renumber all following uses accordingly:
4. MCCC facilities, subject to the property development standards contained
in Section 93.23.15 of this Code and compliance with the provisions of
Chapter 5.35 of this Code;
5. Medical cannabis dispensary or adult -use cannabis dispensary, subject to
the property development standards contained in Section 92.23.15 of this Code;
SECTION 12. Amend Subsection (A) of Section 92.15.01 of Chapter 92.00 of the
Palm Springs Municipal Code (C-M Zone Regulations) to revise the following uses:
9. Cannabis lounge or cannabis dispensary, subject to the property
development standards contained in Section 93.23.15 of this Code;
23. Cannabis transportation and distribution facility, subject to the development
standards contained in Section 93.23.15 of this Code;
SECTION 13. Amend Subsection (A) of Section 92.15.01 of Chapter 92.00 of the
Palm Springs Municipal Code (C-M Zone Regulations) to delete the following uses and
renumber all following uses accordingly:
21. The MCCC, subject to the property development standards contained in
Section 93.23.15 of this Code and compliance with the provisions of
Chapter 5.35 of this Code;
22. Medical cannabis dispensary or adult -use cannabis dispensary, subject to
the property development standards contained in Section 93.23.15 of this
Code;
SECTION 14. Amend Subsection (D) of Section 92.15.01 of Chapter 92.00 of the
Palm Springs Municipal Code (C-M Zone Regulations) to revise the following uses:
Ordinance No. 2007
Page 6
10. Cannabis manufacturing facility, Type N or Type P manufacturing licenses
only, subject to the development standards contained in Section 93.23.15 of this
Code;
11. Cannabis testing facility, subject to the development standards contained in
Section 93.23.15 of this Code;
SECTION 15. Amend Subsection (D) of Section 92.15.01 of Chapter 92.00 of the
Palm Springs Municipal Code (C-M Zone Regulations) to delete the following use and
renumber all following uses accordingly:
9. Medical or adult -use cannabis cultivation facility, subject to the development
standards contained in Section 93.23.15 of this Code;
SECTION 16. Amend Subsection (A) of Section 92.16.01 of Chapter 92.00 of the
Palm Springs Municipal Code (M-1-P Zone Regulations) as to revise the following uses:
4. Cannabis lounge or cannabis dispensary, subject to the property
development standards contained in Section 93.23.15 of this Code;
7. Cannabis Medical or adult -use cannabis transportation and distribution
facility, subject to the development standards contained in Section 93.23.15 of this
Code;
SECTION 17. Amend Subsection (A) of Section 92.16.01 of Chapter 92.00 of the
Palm Springs Municipal Code (M-1-P Zone Regulations) to delete the following uses and
renumber all following uses accordingly:
5. MCCC facilities, subject to the property development standards contained
in Section 93.23.15 of this Code and compliance with the provisions of
Chapter 5.35 of this Code;
6. Medical cannabis dispensary or adult -use cannabis dispensary, subject to
the property development standards contained in Section 93.23.15 of this Code;
SECTION 18. Amend Subsection (D) of Section 92.16.01 of Chapter 92.00 of the
Palm Springs Municipal Code (M-1-P Zone Regulations) as to revise the following uses:
10. Cannabis manufacturing facility. Type N or Type P State -licensed facilities
are conditionally permitted in any M-1-P zone. Type 6 and Type 7 State -licensed
facilities are conditionally permitted only within a Cannabis Overlay Zone and
otherwise prohibited in the M-1-P zone. All such facilities are subject to the
development standards contained in Section 93.23.15 of this Code;
Ordinance No. 2007
Page 7
11. Cannabis testing facility, subject to the development standards contained in
Section 93.23.15 of this Code;
SECTION 19. Amend Subsection (D) of Section 92.16.01 of Chapter 92.00 of the
Palm Springs Municipal Code (M-1-P Zone Regulations) to delete the following use and
renumber all following uses accordingly:
9. Medical or adult -use cannabis cultivation facility, subject to the development
standards contained in Section 93.23.15 of this Code;
SECTION 20. Amend Subsection (A) of Section 92.17.01 of Chapter 92.00 of the
Palm Springs Municipal Code (M-1 Zone Regulations) to revise the following uses:
4. Cannabis lounge or cannabis dispensary, subject to the property
development standards contained in Section 93.23.15 of this Code;
8. Cannabis transportation and distribution facility, subject to the development
standards contained in Section 93.23.15 of this Code;
SECTION 21. Amend Subsection (A) of Section 92.17.01 of Chapter 92.00 of the
Palm Springs Municipal Code (M-1 Zone Regulations) to delete the following use and
renumber all following uses accordingly:
12. Services.
Medical cannabis dispensary or adult -use cannabis dispensary,
subject to the property development standards contained in Section
93.23.15 of this Code;
SECTION 22. Amend Subsection (D) of Section 92.17.01 of Chapter 92.00 of the
Palm Springs Municipal Code (M-1 Zone Regulations) to revise the following uses:
16. Cannabis manufacturing facility, Type N and Type P State -licensed facilities
only, subject to the development standards contained in Section 93.23.15
of this Code;
17. Cannabis testing facility, subject to the development standards contained in
Section 93.23.15 of this Code;
SECTION 23. Amend Subsection (D) of Section 92.17.01 of Chapter 92.00 of the
Palm Springs Municipal Code (M-1 Zone Regulations) to delete the following use and
renumber all following uses accordingly:
15. Medical or adult -use cannabis cultivation facility, subject to the development
standards contained in Section 93.23.15 of this Code;
Ordinance No. 2007
Page 8
SECTION 24. Amend Subsection (A) of Section 92.17.1.01 of Chapter 92.00 of
the Palm Springs Municipal Code (M-2 Zone Regulations) to revise the following uses:
3. Cannabis lounge or cannabis dispensary, subject to the property
development standards contained in Section 93.23.15 of this Code;
8. Cannabis transportation and distribution facility, subject to the development
standards contained in Section 93.23.15 of this Code;
SECTION 25. Amend Subsection (A) of Section 92.17.1.01 of Chapter 92.00 of
the Palm Springs Municipal Code (M-2 Zone Regulations) to delete the following uses
and renumber all following uses accordingly:
6. Medical Cannabis Cooperative or Collective, subject to the property
development standards contained in Section 93.23.15 of this Code and
compliance with the provisions of Chapter 5.35 of this Code.
7. Medical cannabis dispensary or adult -use cannabis dispensary, subject to
the property development standards contained in Section 93.23.15 of this Code;
SECTION 26. Amend Subsection (D) of Section 92.17.1.01 of Chapter 92.00 of
the Palm Springs Municipal Code (M-2 Zone Regulations) to revise the following uses:
13. Cannabis cultivation facility, subject to the development standards
contained in Section 93.23.15 of this Code;
14. Cannabis manufacturing facility, subject to the development standards
contained in Section 93.23.15 of this Code,
15. Cannabis testing facility, subject to the development standards contained in
Section 93.23.15 of this Code;
SECTION 27. Amend Subsection (A) of Section 92.17.2.01 of Chapter 92.00 of
the Palm Springs Municipal Code (E-1 Zone Regulations) to revise the following uses:
7. Cannabis transportation and distribution facility, subject to the development
standards contained in Section 93.23.15 of this Code.
SECTION 28. Amend Subsection (D) of Section 92.17.2.01 of Chapter 92.00 of
the Palm Springs Municipal Code (E-I Zone Regulations) to revise the following uses:
10. Cannabis cultivation facility, subject to the development standards
contained in Section 93.23.15 of this Code;
11. Cannabis manufacturing facility, subject to the development standards
contained in Section 93.23.15 of this Code;
Ordinance No. 2007
Page 9
12. Cannabis testing facility, subject to the development standards contained in
Section 93.23.15 of this Code;
SECTION 29. Amend Subsection (A) of Section 92.18.01 of Chapter 92.00 of the
Palm Springs Municipal Code (A Zone Regulations) to revise the following uses:
10. Cannabis lounge or cannabis dispensary, subject to the property
development standards contained in Section 93.23.15 of this Code;
11. Cannabis transportation and distribution facility, subject to the development
standards contained in Section 93.23.15 of this Code;
SECTION 30. Amend Subsection (C) of Section 92.18.01 of Chapter 92.00 of the
Palm Springs Municipal Code (A Zone Regulations) to delete the following use and
renumber all following uses accordingly:
5. Medical or adult -use cannabis cultivation facility, subject to the development
standards contained in Section 93.23.15 of this Code;
SECTION 31. Add Section 92.28.00 to Chapter 92.00 of the Palm Springs
Municipal Code as follows:
92.28.00 "CO" Cannabis Overlay Zone.
A. Purpose. The purpose of the "CO" Cannabis Overlay Zone is to assist in
diversifying the economy of the city of Palm Springs by establishing an area that
will support cannabis -based businesses. The "CO" Cannabis Overlay Zone is
intended to provide for the development of cannabis -based businesses in an area
where impacts to established neighborhoods will be reduced. Zoning incentives
and other similar incentives are encouraged in the overlay zone to as an
inducement for cannabis -based businesses to locate within the boundaries of the
zone.
B. Locations. The "CO" zone may be established only in conjunction (as an overlay
symbol) with other zones. The locations of the "CO" zone are depicted on Exhibit
"A," incorporated at the end of this section.
C. Uses. Uses permitted shall be as provided in the underlying zone upon which the
"CO" zone is overlaid.
D. Development Standards. Development standards shall be as provided in the
underlying zone upon which the "CO" zone is overlaid, except as otherwise
provided in this Code.
E. Compliance with Regulations. Cannabis Facilities in the "CO" zone shall be
required to adhere to all regulations set forth in Chapter 5.55 of this Code.
Ordinance No. 2007
Page 10
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"CO" CANNABIS OVERLAY ZONE
"CO" Cannabis Overlay Zone City Boundary
SECTION 32. Add paragraph (6) to Subsection (D) of Section 93.06.00 of Chapter
93.00 of the Palm Springs Municipal Code as follows and renumber all following paragraphs
accordingly:
6. Cannabis Facilities.
a. Cannabis cultivation facilities shall be parked at a rate of one (1)
space for every one thousand (1,000) gross square feet of area for
the first ten thousand (10,000) square feet of gross floor area, and
one (1) space for each five thousand (5,000) square feet of gross
floor area thereafter.
b. Cannabis dispensaries shall be parked at a rate of one (1) space for
every three hundred (300) gross square feet of retail dispensary
space or office space.
Ordinance No. 2007
Page 11
C. Cannabis lounges shall be parked at a rate of one (1) space for every
three (3) seats, or one (1) space for every thirty-five (35) square feet
where the public is served. Cannabis Lounge facilities within the "D"
Downtown Parking Combining Zone may be parked at a rate of one
(1) space for every four (4) seats, or one (1) space for every fifty (50)
square feet where the public is served.
d. Cannabis manufacturing facilities shall be parked at a rate of one (1)
space for every one thousand (1,000) gross square feet of area.
e. Cannabis testing facilities shall be parked at a rate of one (1) space
for every three hundred (300) gross square feet of area.
Cannabis transportation and distribution facilities shall be parked at
a rate of one (1) space for every one thousand (1,000) gross square
feet of area.
SECTION 33. Rescind and replace Section 93.23.15 of Chapter 93.00 of the Palm
Springs Municipal Code as follows:
93.23.15 — Special Standards for Cannabis Facilities.
A. General Requirements. No land use entitlement, permit (including building permit)
approval, site plan, certificate of occupancy, zoning clearance, or other land use
authorization for a Cannabis Facility shall be granted or permitted except in
conformance with this Section.
B. Regulatory Permit Required. Cannabis Facilities shall be permitted only upon
application and approval of a regulatory permit in accordance with the criteria and
process set forth in Chapter 5.55 or other applicable provision of this Code. Prior
to initiating operations, and as a continuing requisite to conducting operations, the
person or the legal representative of the person wishing to operate a Cannabis
Facility, as that terms is defined in Section 91.00.10, shall secure a regulatory
permit from the City Manager under the terms and conditions set forth in
Chapter 5.55 or other applicable provision of this Code and shall otherwise fully
comply with the provisions of this Section.
C. Separation and Concentrations of Use. No Cannabis Facilities shall be
established, developed or operated except in accordance with the following
principles. All distances shall be measured in a straight line, without regard to
intervening structures, from the nearest property line of the property on which the
Cannabis Facility is, or will be located, and to the nearest property line of those
uses described in this Subsection. These principles are not absolute and, except
as otherwise provided, the City Council shall have the discretion to waive, in whole
or in part, these separation requirements for individual cases, via the minor
modification procedure set forth in Section 94.06.01.13.
Ordinance No. 2007
Page 12
1. Cannabis Dispensaries and Cannabis Lounges shall be separated by a
minimum five hundred foot (500') distance from each other. This separation
requirement does not apply to Cannabis Dispensaries and Cannabis
Lounges located in a Cannabis Overlay Zone, or to Cannabis Dispensaries
and Cannabis Lounges that are under a single ownership and operating
with a single street address.
2. Cannabis Cultivation Facilities and Type 6/Type 7 State -licensed Cannabis
Manufacturing Facilities shall be separated from any lot in a residential zone
district by a minimum one -thousand (1,000) foot distance.
3. All Cannabis Facilities shall be separated by a minimum six hundred (600)
foot separation distance from any of the following:
a. School,
b. public playground,
C. public park,
d. day care/childcare center, or
e. youth center.
4. Notwithstanding any other verbiage in this Subsection 93.23.15.C, these
separation requirements shall not apply to Cannabis Facilities in any zone
that:
a. Are lawfully operating as of the effective date of this ordinance,
provided however said Facilities shall comply with the separation
requirements in effect when all permits and entitlements were
secured;
b. Are not yet operating but have secured all administrative and land
use entitlements to operate under Chapter 5.55 and this Zoning
Code as of the effective date of this ordinance, provided however
said Facilities shall comply with the separation requirements in effect
when all permits and entitlements were secured; or
C. Have secured an administrative permit under Title 5 of this Code to
operate and are the subject of a complete and pending entitlement
application filed by a Permittee and subject to review by the City as
of November 6, 2019. The project under review shall remain subject
to any separation requirements in effect when the land use
entitlement application was deemed complete.
Ordinance No. 2007
Page 13
Although the Cannabis Facilities identified in subparagraph (a) are not
subject to the separation requirements set forth herein, these uses shall be
considered in determining mandatory separation for any new Cannabis
Facilities that are subject to these requirements.
D. Accessory Uses. A Cannabis Facility is not and shall not be approved as an
accessory use to any other use permitted by this Zoning Code. Cannabis Facilities
may be located on the same parcel or on the same premises as otherwise
permitted by this Zoning Code.
E. Parking Requirements. Parking requirements for Cannabis Facilities shall be as
listed in Section 93.06.00(D).
F. Additional Requirements for Specific Cannabis Uses.
1. Odor Control. All Cannabis Facilities shall be subject to the odor control
requirements listed in Chapter 5.55.
2. Cannabis Dispensaries, Square Footage Restrictions — Downtown/Uptown.
Cannabis Dispensaries shall be limited to a maximum of one thousand five
hundred (1,500) square feet in gross floor area on the street/ground level of
any building in the defined Downtown/Uptown areas. Dispensaries (or
portions thereof) located above the street/ground level shall be limited to a
maximum of five thousand (5,000) square feet in gross floor area.
3. Architectural Review.
a. Except as provided herein, all Cannabis Facilities shall be subject to
architectural review. The review shall include the treatment of the
exterior of the building or tenant space, and all signage proposed for
the Cannabis Facility. For signage, the Architectural Advisory
Committee shall conduct the final review. For all other architectural
elements, review shall be by the City Council upon a
recommendation by the Architectural Advisory Committee. The
Architectural Advisory Committee and City Council shall apply the
criteria reflected in Section 94.04.00(D).
b. Cannabis Facilities located in a Cannabis Overlay Zone shall be
exempt from the architectural review requirements specified in
subsection (a) above.
4. Development Standards — E-1 (Energy Industrial) and M-2 (Manufacturing)
Zones. Cannabis Cultivation Facilities, approved as agricultural structures
pursuant to Section 94.04.00(E)(2)(a) of this Code, shall be subject to the
usual and customary development standards for agricultural structures.
Ordinance No. 2007
Page 14
Waivers of parking lot paving standards, landscape requirements,
architectural standards, and similar requirements may be approved by the
Director upon review of a Minor Architectural Application processed
pursuant to Section 94.04.00(E)(2)(a).
5. Internal Testing Facility — Accessory to a Permitted Cannabis Facility. An
on -premises testing facility may be permitted accessory to a Cannabis
Cultivation Facility or a Cannabis Manufacturing Facility for the purpose of
internal testing of cannabis products grown or produced at the facility. The
internal testing facility shall be subject to the following requirements:
a. The testing results cannot be published or shared with the public or
any third party, except as required by applicable law.
b. Testing shall be limited to cannabis goods grown or produced at the
Cannabis Facility.
C. The area dedicated to the internal testing facility shall be clearly
shown and identified on any floor plans submitted to the City for the
Cannabis Facility.
d. No additional entitlement is required for an accessory internal testing
facility; however, environmental analysis of the internal testing facility
shall be performed as part of the environmental analysis for the
associated cultivation or manufacturing use.
e. Nothing in this Subsection (F)(4) shall be construed to limit the
applicability of City regulations, including without limitation all
provisions of Chapter 5.55 and any regulations promulgated by the
City Manager pursuant thereto, to the colocation of the accessory
internal testing facility.
6. Cannabis Lounges. Cannabis Lounges shall be subject to the following
requirements:
a. Separate Premises. Cannabis Lounges shall be located on a
separate parcel or within a separate tenant space that is segregated
and apart from any other use. A Cannabis Lounge Facility shall have
a dedicated entrance, and shall have no internal connections or
passage to any other tenant space or use, with the exception of a
Cannabis Dispensary that serves the Cannabis Lounge use.
b. Sale of Cannabis and Cannabis Products/Goods. Cannabis and
Cannabis products/goods may be sold on the premises of a
Cannabis Lounge, subject to the requirements set forth in Chapter
5.55 or other applicable provisions of this Code.
Ordinance No. 2007
Page 15
C. Alcohol and Tobacco Products. The sale or consumption of alcohol
or tobacco products is not allowed on the premises.
d. Visibility. The smoking, inhalation, consumption or ingestion of
cannabis or cannabis goods shall not be visible from any public place
or any area where minors may be present. The Cannabis Lounge
shall be located within a completely enclosed building.
SECTION 34. Rescind and replace Section 94.06.01 of Chapter 94.00 of the Palm
Springs Municipal Code as follows:
94.06.01 — Minor modifications.
A. When in the public interest, the City may consider and render decisions on slight
modifications in the provisions of this Zoning Code, limited to the following:
1. Allowance of one (1) additional dwelling unit on a lot in a multiple residential
zone; provided, the lot area for such unit is fifty (50) percent or more of the
lot area per dwelling unit required in the zone. All other dwelling units on the
lot shall have the full lot area per dwelling unit required in the zone;
2. Street Dedication. When additional dedication for street widening is
required by this Zoning Code for lots of record subdivisions, the front or
side -front setback requirement shall be reduced the same distance as that
required for street dedication; provided however, in no case shall the
allowed setback be less than fifteen (15) feet;
3. Number of Units. When additional dedication for street widening is required
by this Zoning Code for lots of recorded subdivisions, the number of units
allowed shall be calculated on the basis of the net area of the site before
street dedication,
4. Reduction of lot area, lot dimensions, by not more than ten (10) percent of
the required in the zone;
5. Reduction of yards (including the placement of antennas in required yards)
and distance between buildings, or increase in lot coverage, by not more
than twenty (20) percent of the requirement of the zone. Single-family
dwellings on major and secondary thoroughfares may be allowed
reductions of front and side yards up to the amounts allowed for single-
family dwellings located on local/collector streets in the same zone;
6. Reduction of number of required parking spaces by not more than ten (10)
percent as shown in Section 93.06.00(C);
Ordinance No. 2007
Page 16
7. Modification of wall, fence or landscaping not to exceed twenty (20) percent,
where topography or noise impacts require such modification;
8. Trash Enclosures. When hardship is created by the provisions of Section
93.07.00, minor modifications may be applied for to alter the requirements
creating the hardship. When a site plan limits the ability to locate a trash
enclosure outside required setbacks, a minor modification may be approved
allowing encroachment into the setback providing adequate screening can
be achieved;
9. Mechanical Equipment in Residential Areas. When a site plan limits the
ability to locate mechanical equipment as set forth in Section 93.01.00, a
minor modification may be approved allowing further encroachment into the
setback; providing, it is determined that such location will not have a
detrimental effect on adjacent properties;
10. Nonconforming Structures. Existing legal nonconforming two (2) story
structures located in an R-1 zone may be expanded by up to fifty (50)
percent of the second story floor area, subject to other applicable
ordinances and architectural approval by the planning commission;
11. Slope and Hillside Areas. For areas with a grade of ten (10) percent or
more, modification of building height to a maximum of thirty (30) feet and
modification of front yard to a minimum of ten (10) feet, upon approval of a
site plan, elevations and a grading map showing existing and finished
contours. Approval shall be based on the finding that such minor
modification will not have detrimental effect upon adjacent properties;
12. Cannabis Facilities — Separation Distance. The minimum separation
distance required between Cannabis Facilities, or the minimum separation
distance between a Cannabis Facility and any protected use (defined as a
school, public playground, public park, day care/child care center, or youth
center), may be waived the City Council on a case -by -case basis upon
making findings established by this Section.
B. The following procedure shall apply to minor modifications.
1. Approval authority.
a. The modifications described in subsections (A)(2) through (A)(3)
shall be considered as automatic modifications when street right-of-
way is dedicated to the City.
b. The modifications described in subsections (A)(1) and (A)(4) through
(A)(10) may be approved by the Director.
Ordinance No. 2007
Page 17
C. The modification described in subsection (A)(11) may be approved
by the Planning Commission as part of a site plan approval, as
described in Section 93.13.00(B).
d. The modification described in subsection (A)(12) may be approved
by the City Council, as set forth in paragraph (6) below.
2. When the application for a minor modification is filed, a fee shall be paid in
such amount as has been prescribed by resolution of the city council, for
the purpose of defraying the costs incidental to the proceedings.
3. Before approving a minor modification pursuant to the provisions of this
section, the approval authority shall make all of the following findings, based
on evidence presented:
a. The requested minor modification is consistent with the general plan,
applicable specific plan(s) and overall objectives of the zoning
ordinance;
b. The neighboring properties will not be adversely affected as a result
of the approval or conditional approval of the minor modification;
C. The approval or conditional approval of the minor modification will
not be detrimental to the health, safety, or general welfare of persons
residing or working on the site or in the vicinity; and
d. The approval of the minor modification is justified by environmental
features, site conditions, location of existing improvements, or
historic development patterns of the property or neighborhood.
If the director is the approval authority, the director shall make the decision
in writing within five (5) days after the filing of a complete application. One
(1) copy shall be mailed to the applicant and one (1) copy shall be filed with
the director. The director may also refer the entire matter to the planning
commission for review and action. The Commission shall receive the matter
at its next regularly scheduled meeting and act within 30 days.
4. If the applicant is dissatisfied with the decision of the director, he or she may
reapply to the planning commission, pursuant to the procedure set forth in
Section 94.06.00.
5. Modifications approved by the planning commission in the course of
approving a conditional use permit or a planned development district shall
not be subject to this section.
6. Additional considerations — separation waivers for Cannabis Facilities. In
Ordinance No. 2007
Page 18
addition to the findings listed in Section (13)(3) above, the City Council may
consider the following additional factors when evaluating waivers from
separation requirements for Cannabis Facilities, including but not limited to
the following:
a. The proposed use will be located in an existing building and the
building where the proposed use is to be located has been vacant
for a period of two (2) or more consecutive years.
b. Approval of the proposed Cannabis Facility will not result in an undue
overconcentration of cannabis -related uses within the same block or
along the street frontage where the Cannabis Facility will be located
to the detriment of other permitted uses.
C. The applicant has demonstrated experience working at a licensed
Cannabis Facility within the City or another jurisdiction, whether as
an owner, operator or employee, without any documented violations
of State or local law, and without maintaining any documented public
nuisances within the City or other jurisdiction.
d. Any similar consideration specific to the property or operation of the
use which warrants a modification to the separation requirements.
e. Such other factors as the City Council may from time to time
determine by resolution.
SECTION 35. Rescind and replace Subsection (E)(2)(a) of Section 94.09.00 of
Chapter 94.00 of the Palm Springs Municipal Code (Architectural Review) as follows:
a. Staff -Level Approvals.
1. Minor architectural applications which are acted upon by the director
of planning services, or designee, shall include the following:
Additions to single-family residential structures which do not
increase the existing floor area by more than forty percent
(40%);
ii. Additions to multifamily, commercial, and industrial structures
which do not increase the existing floor area by more than
twenty-five percent (25%),
iii. Agricultural structures in the E-I and M-2 zones;
iv. Cannabis Facilities in the Cannabis Overlay Zone;
Ordinance No. 2007
Page 19
V. Entry features;
vi. Exterior lighting plans;
vii. Landscaping plans;
viii. Minor grading plans;
ix. Repaints;
X. Reroofs,
xi. Sign programs;
xii. Signs; and
xiii. Walls and fences.
SECTION 36. Rescind and replace Section 94.09.00 of Chapter 94.00 of the Palm
Springs Municipal Code as follows:
94.09.00 — Public hearing procedure.
A. Hearing Date. A hearing date shall be set by the Department of Planning Services
for the Planning Commission after an application has been verified as complete.
B. Notice. Notice of public hearing shall contain the date, time and place of the
hearing and the identity of the hearing body and the location and proposed use of
the subject property and a general description of the matter that is the subject of
the hearing.
C. Publication.
When a provision of this title requires notice of a public hearing to be given, notice
shall be published in at least one newspaper of general circulation within the city
at least 10 days prior to the hearing.
D. Posting.
The public hearing notice shall also be posted in one public location within the city
at least 10 days prior to the hearing.
E. Mailing.
1. Applicable Projects. A mailed public notice shall be provided for the
following application types:
a. General Plan Amendments;
Ordinance No. 2007
Page 20
b.
C.
d.
e.
Conditional Use Permits;
Zoning Map Amendments;
Planned Development District Applications; and
Cannabis Facilities.
2. Mailing Labels.
a. The applicant shall submit a list of all owners of property and lessees
and sub -lessees of record as shown on the latest equalized
assessment roll of the County Assessor. Addresses within 500 feet
of the exterior boundaries of the subject property, together with a
map showing the 500-foot radius drawn accurately with the subject
property identified, that further identifies the individual parcel of each
property owner shall be submitted.
b. If any property within the 500-foot radius as described in Paragraph
2.a is owned by one or more members of the Indian tribe and held in
trust by the United States Government, written notice consistent with
the provisions of Paragraph 2.a for each such parcel shall be
delivered to the Director of Indian Affairs.
C. All mailing addresses of owners within a condominium or apartment
complex must be included.
d. All mailing addresses of lessees and sub -lessees of record must be
included.
e. All mailing addresses of subject property's owner, project applicant
and owner's representative shall be included.
f. A certified letter from a title company or other qualified source
verifying the accuracy of the information must accompany the
submittal.
g. No application shall be accepted for filing without the required
mailing list and three (3) sets of gummed and typed mailing labels in
the form required by the department of planning.
h. The Director of Planning or his/her designee shall check the
submitted list and map against city records and shall verify the
accuracy and completeness of said list as so checked.
Ordinance No. 2007
Page 21
3. Notices. Notices shall be mailed at least 10 days prior to the hearing date
to all persons listed in Section 2 herein.
4. Number of owners to whom the notice would be mailed. If the number of
owners to whom the notice would be mailed pursuant to this section is
greater than one thousand (1,000) the city may, in lieu of mailed notice,
provide notice by placing a display advertisement of at least one -eighth
page in at least one newspaper of general circulation within the city in which
the hearing is conducted at least 10 days prior to the hearing.
5. Neighborhood Organization Notification. Notification shall also be sent via
electronic mail to the representatives listed on the City's Neighborhood
Organizations Web Page within one (1) mile of the subject site by city staff.
6. Request for Notification. Pursuant to CGC 65092 when a provision of this
title requires notice of a public hearing, the notice shall also be mailed at
least 10 days before the hearing to any person who has filed a written
request for notification with the City Clerk or the Secretary of the Planning
Commission and provided stamped self-addressed envelopes or a fee as
set by City Council.
7. Additional Notice. The Director of Planning Services may require additional
notice of the hearing by expanding the area of notification or using other
means of notification or both.
8. Failure of person to receive notice pursuant to CGC 65093. The failure of
any person or entity to receive notice given pursuant to this title shall not
constitute grounds for any court to invalidate the actions of the city.
F. On -Site Posting.
Objective. The purpose of the City of Palm Springs' on -site posting
requirement is to advise neighbors, who do not receive mailed notification,
about pending development applications, so that they can become informed
about the project and participate in the development process, if they so
choose.
2. Applicant Responsibility. The Project applicant is responsible for placing a
"Project under Consideration" sign in a clearly visible location on the
property within 30 days prior to the first public meeting.
3. Applicable Projects. The following projects are required to provide on -site
posting:
a. General Plan Amendments
Ordinance No. 2007
Page 22
b. Conditional Use Permits (New Construction)
C. Zoning Map Amendments
d. Planned Development District Applications
e. Cannabis Facilities (both administrative and discretionary
approvals).
4. Sign Posting Criteria.
a. Sign Criteria.
1. Sign face shall be 3/ or 1-inch exterior grade plywood board.
2. Posts shall be 4 x 4 wood (or similar) securely sunk into the
ground.
3. The signs shall be entirely white, except for sign copy
described below.
4. Sign and copy sizes to be as follows:
Si n Size
Major Letter Size
Minor Letter Size
36" H x 48" W
3"
2"
5. Sign Copy Criteria.
a. The sign copy must be black Helvetica Bold letters on a white
background.
b. Letters that state: "Project Under Consideration" shall be two times
the minor letter size.
C. Minor letters shall specify:
1. Project case number and type (PDD, Rezoning, etc.);
2. The property address, if one has been assigned;
3. The applicant's name and contact phone number;
4. A description of the proposal (e.g. office, residential, etc.);
5. The lot area (number of acres or square feet);
Ordinance No. 2007
Page 23
6. The project site zoning;
7. The City Planning Department phone number;
8. The seal of the City of Palm Springs at least 4" in height.
6. Sign Placement Criteria.
a. Free-standing signs shall have the lower edge no less than 6 feet and
no more than 7 feet above grade.
b. The sign must be placed no more than 5 feet from the property line
or sidewalk.
7. Number of Signs.
a. One notification sign is required for projects of 5 acres or less.
b. Projects over 5 acres must have a sign on each street frontage.
C. The Director may determine that additional signs shall be posted.
8. Timing.
a. The required number of signs shall be posted on the property at least
30 days prior to the first public meeting of a duly appointed City
Commission or Committee, or 30 days prior to any final
administrative action by the City.
b. Required signs shall remain visible and legible from 30 days prior to
the first public meeting until final action is taken. The applicant is
responsible for ensuring compliance with this paragraph.
9. Verification of Posting. The project applicant must submit to the city
verification of on -site posting. Verification shall be provided by a photograph
of the on -site sign, and a signed affidavit stating that the sign has been
placed on the subject property on a date specific in conformity with these
provisions.
The project applicant shall be responsible to ensure the sign remains visible
on -site throughout the period before the hearing and the appeal period.
10. Inadequate Notice. In the event the project applicant fails to reasonably
comply with the on -site posting requirements of this Subsection, the
applicable hearing body shall either continue the hearing until the on -site
Ordinance No. 2007
Page 24
posting requirements have been satisfied or deny the application without
prejudice.
SECTION 37. Staff shall provide a report to the City Council on the effectiveness
of this Ordinance and residential protection standards within twelve (12) months of the
effective date.
SECTION 38. 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 provision 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 39. The proposed ordinance 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 ordinance 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.
SECTION 40. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
SECTION 41. Adoption of this ordinance shall effectively terminate the moratorium
on acceptance of new applications for permits to engage in cannabis business and activity
in portions of the Desert Highland Gateway Estates and Demuth Park Neighborhoods of
the city, as adopted via Ordinance No. 1983 on February 20, 2019 and extended by
Ordinance No. 1987 and Ordinance No. 2002.
ADOPTED THIS 4T" DAY OF DECEMBER, 2019.
l
ROBE T MOON
MAYOR
ATts
T:
A THONY J. M
CITY CLER
Ordinance No. 2007
Page 25
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 Ordinance No. 2007 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on the 6th day of November, 2019, and
adopted at a regular meeting of the City Council held on the 4th day of December, 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 I (, i day of , 20 15
6_N'THONY J. JIA, M C
CITY CLERK