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Home My WebLink About2085e ORDINANCE NO. 2085 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, , CALIFORNIA, ADOPTING A TEMPORARY MORATORIUM ON CITY APPROVAL OF NEW APPLICATIONS AND TRANSFERS OF PERMITS TO ENGAGE IN CANNABIS RETAIL ACTIVITIES, FOR ! CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE MUNICIPAL CODE, IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858 (4/ 5T"S VOTE REQUIRED. City Attorney's Summary Pursuant to Government Code, section 65858, this Interim Urgency Ordinance places a moratorium on the City's approval of new applications and transfers for permits of permits to engage in Cannabis Retail 'Activities. If adopted, this moratorium will pause approvals of new and transfer applications for permits to engage in cannabis retail activities. The moratorium requires a four -fifths (415tns) vote of the City Council to pass. The moratorium will take effect immediately and have a duration of forty five (45) days. The City may extend the moratorium by adoption of an extension ordinance, which requires notice in accordance with Government Code section 65090, a public hearing, and an additional four -fifths (415tns) vote of the City Council to pass. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. A. Cannabis Business and Activity. i. Palm Springs Municipal Code (PSMC) chapter 5.55 regulates'arid permits adult - use cannabis business and activity. The Palm Springs Zoning Code (PSZC) provides certain development`and land use standards for cannabis business and activity, including a 500-foot separation between such establishments. However, these separation requirements were not applicable in certain zoning districts prior to the 2019 zoning code amendments. i ii. Citywide, the City has received reports of concerns of over -saturation of cannabis retail businesses, raising concerns of the viability of cannabis retail establishments in the City. iii. The City's cannabis regulations and zoning restrictions are currently under Interim Urgency Ordinance No. 2085 Page 2 review. The City is currently considering amendments to address the current , state of the cannabis industry in the City. "The City has substantial interest in ensuring that the City's cannabis industry is sustainable. B. Public Health, Safety, and Welfare. Given the anticipated applications for cannabis operations in these areas and the City's interest in protecting the viability of its commercial districts and preventing nuisances, there is a current and immediate threat to the public health, safety, and welfare if permits, entitlements, or other approvals for cannabis business and activities are issued. C. Purpose. The purpose of this moratorium is to pause consideration of new and transfer cannabis retail businesses, to allow for the City to study and consider potential amendments to the Municipal Code to set standards and procedures to address concerns of potential over -saturation. SECTION 2. Moratorium. Now, therefore, in accordance with California Government Code Section 65858, the City Council adopts a moratorium on the approval of new and transfer applications to engage in cannabis retail business activity as follows: A. Definitions. For the purposes of this ordinance, the following terms and definitions are used: i. "Dispensary" means any person, entity, or operation, in whole or in part, ' whether operating for profit or not -for -profit, and all associated owners, employees, managers or agents engaged in both medicinal and adult use commercial cannabis activity from the permitted premises for the retail sale and delivery of cannabis goods to customers. A "Dispensary," as that term is used in this Ordinance,, is a "Retailer" under the MAUCRSA. "Dispensing" means any activity involving the retail sale of Cannabis goods from a dispensary. ii.. "Moratorium" means a temporary prohibition of an activity. iii. "New application(s)" mean any application(s) for a permit to engage in cannabis business and activity that the City has not received and deemed complete on or before the effective date of this ordinance. iv. "Transfer" means the transfer, conveyance, or sale of any or all ownership interests or control of an Adult -Use Cannabis. Permit issued under PSMC 5.55. B. Moratorium. Notwithstanding anything to the contrary in existing City law, ' including, but no limited to, the General Plan, the Municipal Code, the Zoning Code, and i Interim U Igency Ordinance No. 2085 Page 3 other governing City planning document or policy, a moratorium is hereby placed on the City approval of any new or transfer application for a cannabis retail business, as those terms are defined in 5.55.50 and 5.55.130 respectively. C. Notification to Permittees and Applicants. i. The City staff shall distribute a true and correct copy of the Ordinance to all cannabis permittees in the City, and all applicants for cannabis permits with applications pending, and ii. The City shall post a copy of this Ordinance on the City's website on the "Cannabis Related Businesses and Activities" page. D. Duration. The moratorium shall be in effect for forty five (45) days from the adoption of this ordinance. The moratorium may be extended as provided in Government Code, section 65858. E. Applications. i. New. The City will not accept or process any application for cannabis retail permits during the moratorium period. ii. Existing. The City shall continue to process requests for cannabis retail permits ' upon applications that the City has, as of the effective date of this ordinance, accepted and deemed complete, ' along with request for approvals, variances, building permits, business licenses, and/or other applicable entitlements by City cannabis permit holders. iii. Transfers. The City will not accept or process any transfer application for cannabis retail permits during the moratorium period. SECTION 3. Study. The City Council hereby directs the Department of Special Program Compliance and the Department of Planning Services to study and develop potential amendments to the Municipal and Zoning Code or any other governing City planning document or policy related to over saturation of, and related impacts from cannabis retail business activity. SECTION 4. 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, directly or indirectly and so is not a project. The ordinance ensures that the status quo is maintained. SECTION 5. 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, and each section or provision thereof, although any one or Interim Urgency Ordinance No. 2085 Page 4 more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 6. Effectiveness. This ordinance is declared an interim measure necessary for the immediate protection and preservation of the cannabis retail business industry for the reasons stated above, and it takes effect immediately on adoption by the City Council by at least a four -fifths (4/5ths) vote and signing by the City Clerk. SECTION 7. Report. Ten days before this urgency moratorium or any extension hereof expires, City staff shall issue a written report, on behalf of the City Council, describing the measures that the City has taken to address the conditions that led to the adoption of this ordinance. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 26T" DAY OF OCTOBER 2023. GRACE ELENA GA NER MAYOR ATTEST: Z& 4 BRENDA PREE, MMC, CERA CITY CLERK 1 1 1 1 Interim Urgency Ordinance No. 2085 Page 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Urgency Ordinance No. 2085 is a full, true, and correct copy, and was adopted at a regular meeting of the City Council held on October 26, 2023, by the following vote: AYES: Councilmember deHarte and Middleton, Mayor Pro Tem Bernstein, Mayor Garner 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 10 Mday of November 2023. xllAd� BRENDA FREE, MMC, CERA CITY CLERK