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HomeMy WebLinkAbout2089I I I ORDINANCE NO. 2089 . . AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM , SPRINGS, . CALIFORNIA, TO . ADOPT , AN EXTENSION OF A TEMPORARY MORATORIUM FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS ON 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 City Attorney's Summary This Interim Urgency Ordinance extends a temporary moratorium on City's approval of new applications and transfers of permits to engage in Cannabis Retail Activities for an additional period of 10 months and 15 days. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOW: • A. SECTION 1. Findings. Cannabis Business Activities. i. On October 26, 2023, pursuant to the California Government Code 65858, the City Council of the City of Palm Springs adopted Moratorium Ordinance No. 2085 (the "Ordinance"), which temporarily suspends the approval of hew applications and transfers of permits to engaged in cannabis businesses and activities. Pursuant to California Government Code 65858, the Ordinance shall expire and be of no further force and effect forty-five (45) days from its date of adoption (December 10th . 2023), unless extended by a further ordinance adopted by the City Council. Section 65858 of the California Government Code provides that, prior to the expiration of the Ordinance, the City may, by .a four fifths (4/5) vote, extend the Ordinance 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. The City has provided notice pursuant to California Government Code Section 65090, and has conducted a public hearing regarding this proposed extension ordinance, at which time those wishing to be heard were provided an opportunity to do so. Interim Urgency Ordinance No. 2089 Page2 Palm Springs Municipal Code (PSMC) chapter 5.55 regulates and permits adult-use cannabis business and activity. The Palm Springs Zoning Code I (PSZC) provides certain development and land use standards for cannabis business and activity, including a 500-foot separation • between such B. C. establishments. • • • • 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 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 in order to protect the public health, safety, or welfare. 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 t9 the public health, safety, and welfare if permits, entitlements, or other approvals for cannabis business and activities in these locations are issued. 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. Extension of Moratorium. Now, therefore, in accordance with California Government Code Section 65858, the City Counci! adopts this Ordinance, extending Ordinance No. 2085, the terms of which are incorporated herein by reference, for a period of ten (10) months and fifteen (15). days following the adoption of this Ordinance. SECTION 3. 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 15306, because this ordinance temporarily ensures that the status quo is maintained while the City collects and researches data as part of a study leading to action that the City has not yet approved, adopted or funded. SECTION 4. 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 c9ntravened 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 I I I I Interim Urgency Ordinance No. 2089 Page3 the fact that any one or more section(s) or provision{s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 5. Effectiveness. This ordinance is declared an interim measure necessary fore 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 (415 th ) vote and signing ,by the City Clerk. SECTION 6. Report. The City Council hereqy directs the Depactment 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 ordinance(s) regarding the possible over-saturation of, and related impacts from, the cannabis business activity. At least ten (10) days before this o_rdinance expires, City staff shall issue a written report, on behalf of the City Council, describing the measures that the City has t~ken to address the conditions that led to the adoption of this ordinance. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS26'"DAYOFOCTOBER2023. L , ~A GARNER MAYOR ATTEST: BRE~ERA CITY CLERK Interim Urgency Ordinance No. 2089 Page4 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. 2089 is a full, true, and correct copy, and was adopted at a regular meeting of the City Council held on November 9, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: Colmcilmeniber deHarte and Middleton, Mayor Pro Tern Bernstein, Mayor Garner None None None Councilmember Holstege IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the, City of Palm Springs, California, this ?{)--11'-day of November 2023. _ &kERA CITY CLERK I I