HomeMy WebLinkAboutPC Resolution _6140- Case 5.1218 ZTA- Amendment to Section 93.22 Medical Cannabis Cooperatives and CollectivesOF 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 THE NUMBER OF
PERMITTED MEDICAL CANNABIS COOPERATIVES AND
COLLECTIVES IN THE CITY.
WHEREAS, on April 7, 2010, the City Council voted to initiate a Zoning Ordinance Text
Amendment (Amend Case No. 5.1218-A) to consider increasing the number of
regulatory permits for medical marijuana cooperatives and collectives from two to three;
and
WHEREAS, on May 26, 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. Provide that if a medical cannabis cooperative/collective permit holder ceases
to operate for any reason, at least two other medical cannabis collectives and
cooperatives would still be available to serve the community, and
C. Provide for the timely and efficient review and award of a third permit from
existing qualified applicants, provided such applications were not received
more than two years prior to the selection, and
d. Provide for the timely and efficient review and award of a replacement permit
holder in the event that an existing permit holder ceases to operate for any
reason.
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
N
Planning Commission Resolution No. 6140
5.1218-A ZTA -- Amendment to Section 93.22;
Medical Cannabis Cooperatives and Collectives
May 26, 2010
Page 2 of 2
for the establishment of medical marijuana cooperatives through reasonable standards
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, subject to deletion of Section 6.
ADOPTED this 26"' day of May, 2010.
AYES: 6, Donenfeld, Munger, Hudson, Scott, Vice Chair Caffery & Chair Cohen
NOES: None
ABSENT: 1, Conrad
ABSTAIN: None
ATTEST:
7iAICP
D ctor ng Services
CITY OF PALM SPRINGS, CALIFORNIA
W
ORDINANCE NO. (04.26.2010 Draft)
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SUBSECTIONS 93.22.00.F,
93.22.00.G, AND 93.22.00.M OF, AND AMENDING
PARAGRAPHS K6 AND L4 OF SECTION 93.22.00 OF THE
PALM SPRINGS MUNICIPAL CODE, INCREASING THE
NUMBER OF ALLOWED MEDICAL CANNABIS
COOPERATIVES AND COLLECTIVES IN THE CITY FROM
TWO (2) TO THREE (3).
City Attorney Summary
The existing provisions of the Palm Springs Municipal Code
limit the number of approved medical cannabis cooperatives
and collectives to two (2) such uses. This Ordinance will
increase that number to three (3) medical cannabis
cooperatives or collectives that can operate in the City. This
Ordinance also affects the clean-up of minor provisions of
the existing Code relating to security filming requirements,
food distribution, and enforcement. The Ordinance also
allows the Council to limit review of applications to qualified
applications reviewed in a previous Allotment Process under
defined circumstances.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS:
SECTION 1. Subsection 93.22.00F of the Palm Springs Municipal Code is amended to
read:
F. No more than three (3) Medical Cannabis Cooperatives and/or Collectives shall
be maintained or operated in the City at any time. The City Council shall review and
evaluate all qualified applications and will approve issuance of regulatory permits to the
most qualified as determined through the Allotment Process described below. Where
the City Council has reviewed qualified applications within two (2) years of any review
and allotment proposal allowed under the provisions of this Section, the City Council
may limit its review to one or more of the qualified applications reviewed and considered
during such previous Allotment Process.
SECTION 2. Subsection 93.22.00.G of the Palm Springs Municipal Code is amended
to read:
G. Prior to initiating operations and as a continuing requisite to conducting
operations, the legal representative of the persons wishing to operate a Medical
Cannabis Cooperative or Collective shall obtain a regulatory permit from the City
Manager under the terms and conditions set forth in this Section. The legal
representative shall file an application with the City Manager upon a form provided by
the City and shall pay a filing fee as established by resolution adopted by the City
Council as amended from time to time. An application for a regulatory permit for a
Ordinance No.
Page 2 0
Medical Cannabis Cooperative or Collective shall include, but shall not be limited to, the
following information:
1. An estimate of the size of the group of primary caregivers and/or qualified
patients who will be served by the non-profit cooperative; this description should
include whether delivery service will be provide and the extent of such service.
2. The address of the location from which the cooperative for which
application is made will be operated;
3. A site plan and floor plan of the premises denoting all the use of areas on
the premises, including storage, cultivation areas, exterior lighting, restrooms,
signage, and parking; other tenant spaces if the cooperative or collective is
proposed for a multi -tenant building site.
4. A security plan including the following measures:
a. Security cameras shall be installed and maintained in good working
condition, and used in an on -going manner with at least 120 continuous hours
of digitally recorded documentation in a format approved by the City Manager.
The cameras shall be in use 24 hours per day, 7 days per week. The areas to
be covered by the security cameras include, but are not limited to, the storage
areas, cultivation areas, all doors and windows, and any other areas as
determined by the City Manager.
b. The lease/business space shall be alarmed with a reliable, commercial
alarm system that is operated and monitored by a security company or alarm
business that is operating in full compliance with Chapter 5.02 of this Code.
c. Entrance to the dispensing area and any storage areas shall be locked at
all times, and under the control of cooperative staff.
d. The business entrance(s) and all window areas shall be illuminated during
evening hours. The applicant shall comply with the City's lighting standards
regarding fixture type, wattage, illumination levels, shielding, etc., and secure
the necessary approvals and permits as needed.
e. All windows on the building that houses the cooperative or collective shall
be appropriately secured and all marijuana securely stored.
SECTION 3. Paragraph 6 of Subsection 93.22.00.K is amended to read:
6. Each cooperative or collective that prepares, dispenses, or in any manner
distributes food must comply with the provisions of all relevant State and local
laws regarding the preparation, distribution, and sale of food.
6VW1
Ordinance No.
Page 3
SECTION 4. Paragraph 4 of Subsection 93.22.00.E of the Palm Springs Municipal
Code is amended to read:
4. The City Manager may revoke a medical cannabis regulatory permit if any
of the following, singularly or in combination, occur:
a. The City Manager determines that the cooperative or collective has failed
to comply with any provision of this Code, any condition or approval, or any
agreement or covenant as required pursuant to this Section; or
b. Operations cease for more than 90 calendar days, including during
change of ownership proceedings; or
c. Ownership is changed without securing a regulatory permit; or
d. The cooperative or collective fails to maintain 120 continuous hours of
security recordings; or
e. The cooperative or collective fails to allow inspection of the security
recordings, the activity logs, or of the premise by authorized City officials.
SECTION 5. Subsection 93.22.00.M is hereby amended to read:
M. In the event a qualified cooperative or collective that receives an allotment
under Subsection I of this Section ceases to operate for any reason, the City Manager
may or shall reopen the allotment process and provide an opportunity for new
applications to be submitted. The time periods and process provided in Subsection I
shall be applied to the review and consideration of applications and the allotment of a
regulatory permit. The provisions of this Subsection shall not apply in those situations
where the City Council has reviewed qualified applications within two (2) years of a
previous Allotment Process and the City Council decides to limit its review to one or
more qualified applications reviewed and considered during such previous Allotment
Process.
SECTION 6. Upon the effective date of this Ordinance, the City Council will not initiate
a new Allotment Process and will review and consider the following qualified
applications that the City Council previously considered during the 2009-10 Allotment
Process: MC09-003: CAPS Apothecary; and MC09-009: Herbal Solutions.
!)k..'!A 4J I
Ordinance No.
Page 4
SECTION 7. The Mayor shall sign and the City
adoption of this Ordinance and shall cause the
published and posted pursuant to the provision
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED THIS
ATTEST:
,fames Thompson, City Clerk
APPROVED AS TO FORM:
Douglas Holland, City Attorney
s
Clerk shall certify to the passage and
same, or the summary thereof, to be
of law and this Ordinance shall take
DAY OF , 2010.
Stephen P. Pougnet
Mayor
101