HomeMy WebLinkAboutPC Resolution _6111- Case 5.1218-ZTA- Amendment to Section 93.22 Medical Cannabis Cooperatives and CollectivesRESOLUTION NO. 6111
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL AMEND
SECTION 93.22 OF THE PALM SPRINGS ZONING CODE
REGARDING CERTAIN STANDARDS AND REGULATIONS
FOR MEDICAL CANNABIS COOPERATIVES AND
COLLECTIVES.
WHEREAS, on December 16, 2009, the City Council voted to initiate a Zoning
Ordinance Text Amendment (Amend Case No. 5.1218) to consider revisions to the
standards and regulations for the establishment of medical marijuana cooperatives and
collectives; and
WHEREAS, on January 13, 2010, the Planning Commission conducted a duly noticed
public hearing on the proposed amendment, at which hearing the Commission carefully
reviewed and considered all of the evidence presented in connection with the project,
including but not limited to the staff report and all written and oral testimony presented,
and
WHEREAS, the Planning Commission has evaluated the potential environmental
impacts of the proposed Zoning Ordinance text amendment and determined that it is
Categorically Exempt under Section 15305 — Minor Alterations in Land Use Limitations
— of the Guidelines for the Implementation of the California Environmental Quality Act in
that the proposed amendment does not result in any significant increase land use
density.
THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS;
Section 1: The Planning Commission hereby finds that adoption of the proposed
Zoning Text Amendment would:
a. Provide opportunities for residents and others to obtain medical marijuana as
allowed by the Compassionate Use Act of 1996,
b. Allow for flexibility in the evaluation of medical marijuana cooperatives and
collectives while assuring adequate oversight of, and protection for such uses
and the surrounding neighborhood, and
C. Assure that medical marijuana collectives and cooperatives are located
sufficient distances from each other and from potentially sensitive land uses.
Section 2: The adoption of the proposed Zone Text Amendment would be consistent
with the intent of the Zoning Ordinance and the City's General Plan because it provides
for the establishment of medical marijuana cooperatives through reasonable standards
Planning Commission Resolution No. 6111
5.1218 — ZTA — Amendment to Section 93.22;
Medical Cannabis Cooperatives and Collectives
January 13, 2010
Page 2 of 2
and regulation, and provides an opportunity for those seeking the benefits of medical
marijuana to do so in a safe and secure manner:
LU 1.4 Encourage the expansion of existing facilities or the introduction of
new uses that are considered to be of significant importance and
contribute exceptional benefits to the City.
Section 3: Based upon the foregoing, the Planning Commission does hereby
recommend to the City Council the following amendments to Section 93.22 of the Palm
Springs Zoning Code regarding the standards and regulations for medical marijuana
cooperatives and collectives, as described in the draft ordinance, attached hereto and
made a part of this resolution as Exhibit A.
ADOPTED this 131h day of January, 2010.
AYES: 6, Donenfeld, Munger, Hudson, Scott, Caffery and Chair Cohen
NOES: None.
ABSENT: 1, Conrad
ABSTAIN: None.
ATTEST:
CrI A wing,
Dire or of Pla tn Services
CITY OF PALM SPRINGS, CALIFORNIA
ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 93.22, RELATING TO
THE STANDARDS AND REGULATIONS FOR MEDICAL
CANNABIS COOPERATIVES AND COLLECTIVES AS
PERMITTED USES IN THE M-1 AND M-2 ZONES
City Attorney Summary
This Ordinance modifies the standards and regulations for
medical cannabis cooperatives and collectives 1W, wanting
the City Council the authority to modify ain specific
development standards.
THE CITY COUNCIL OF THE CITY OF PALM SPRKG& CALIF 1111A. ORDAINS:
SECTION 1. Section 93.22.00.H.6 is hereby dpIpfed.
SECTION 2. Section 93.22 C. is hereby amended t,.. rea
No Medical Cannabis Cooperative or ective shall be established,
developed, or operated Within the hundr K00) feet of a school, public
playground or park, or an)e
facility, youth center, or ch .
other Medical Cannabis Coo
any property that is occupied
the primary, V@IM such pr
straight fin and to
the bulilikors re in wl
Collect a 7JW will Se located,
describe in
itial zone Pip child cane or day care
F. ithin one nd (1000) Beet of any
lective,i d shall not be located on
rn
' ' tall use where such use is
ll di ces shall be measured in a
ngst cturBs, from the nearesf point of
the Medical Cannabis Cooperative or
nearest property line of those uses
istrative modifications for this standard
pursuant to Section 94.06.01.B.
3. Section 0027-ts.,beby amended to read:
Medical Ca 0is Cc - erative or Collective shall be parked at a rate of 1
`age for every' 0 g ss square feet of office space, and 1 space for every
maare of warehouse / cultivation space. Administrative
ons fo .- is standard may be granted by the City Council pursuant to
SecfioA,94X6hf.B.
SECTION 4. 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.
PASSED, APPROVED, AND ADOPTED THIS DAY OF , 2010.
Resolution No.
Page 2
ATTEST:
James Thompson, City Clerk
APPROVED AS TO FORM:
Douglas Holland, City Attorney
co
STATE OF CALIFORNI.
COUNTY OF RIVE}` .
CITY OF PALM SP.: GS)
Stephen P. Pougnet
Mayor
I, JAMES THOMPSOI , .C4 Ce of the City -of Palm Springs, California, do hereby
certify that Ordin.aace No. js7 a ful, tmd and correct copy, and was introduced at a
regular mwfinq 4fffio ,Palm ",%pri cgs City Council on and adopted at a
regular greeting of the City Council held on the day of , 2008 by
the frlipWirig vote:1 .01. '1% X
AYES:
NOES:
ABSENT
ABSTAIN
James Thompson, City Clerk
City of Palm Springs,
California
ron