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HomeMy WebLinkAbout1983 ORDINANCE NO. 1983 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A TEMPORARY MORATORIUM ON CITY APPROVAL 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, FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE GENERAL PLAN, MUNICIPAL CODE AND ZONING 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 for permits to engage in cannabis business and activity, whether for medical or adult-use, in two (2) distinct areas in the City of Palm Springs —portions of the Desert Highland Gateway Estates and Demuth Park neighborhoods. If adopted, this moratorium will pause approvals of new applications for permits to engage in cannabis business and activity. The moratorium requires a four-fifths (4/51ns) 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 (4/51"s) vote of the City Council to pass. The City may adopt no more than two extension ordinances, the first for up to 10 months and 15 days, and the second for up to another 12 months. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Findings. A. Cannabis Business and Activity. i. Palm Springs Municipal Code (PSMC) chapters 5.45 and 5.55 regulate and permit cannabis business and activity for medical use and adult use, respectively. 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, and a requirement that no more than three (3) cannabis facilities be located within a measured distance of three thousand feet (3,000'). These standards prevent overconcentration and potential noxious effects of cannabis business and activity. (PSZC § 93.23.15.C.1 and 2). However, these Ordinance No. 1983 Page 2 separation and intensity of use requirements are not applicable in certain zoning districts: C-M (commercial manufacturing), M-1-P (planned research and development park), M-1 (service/manufacturing), M-2 (manufacturing), and E/I (energy/industrial). (PSZC § 93.23.15.C.3.a.) ii. For areas with no separation or intensity of use requirements, the City has received reports of concerns of over-concentration of and odors from cannabis establishments. Specifically, the two (2) areas graphically depicted in Attachments 1 and 2 to this Ordinance. Incorporated by this reference herein, have generated numerous complaints and nuisance allegations. a. The area graphically reflected in Attachment 1 (a portion of the Desert Highland Gateway Estates neighborhood) includes both sides of all boundary streets, and is described as follows: i. Northern Boundary: Radio Road between Indian Canyon Drive and McCarty Road; ii. Southern Boundary: San Rafael Place between Indian Canyon Drive and McCarty Road; iii. Western Boundary: McCarthy Road between Radio Road and San Rafael Place; and iv. Eastern Boundary: Indian Canyon Drive between Radio Road and San Rafael Place. b. The location graphically reflected in Attachment 2 (a portion of the Demuth Park neighborhood) includes both sides of all boundary streets, and is described as follows: i. Northern Boundary: East Camino Parocela between Vella Road and South Gene Autry Trail; ii. Southern Boundary: East Sunny Dunes Road between Vella Road and South Gene Autry Trail; iii. Western Boundary: Vella Road between East Sunny Dunes Road and East Camino Parocela; and iv. Eastern Boundary: South Gene Autry Trail between East Camino Parocela and East Sunny Dunes Road. iii. The City's cannabis regulations and zoning restrictions are currently under review. The City has adopted and is currently considering amendments to address the issues of ove rco ncent ration and odor control. The City has a Ordinance No. 1983 Page 3 substantial interest in ensuring that the City's commercial districts consist of diverse, yet compatible, businesses, and that nuisances, such as odors detectible in residential and commercial areas adjacent to commercial districts, be prevented. B. Public Health, Safety, and Welfare. Given the anticipated new applications for permits for cannabis business and activity in the areas subject to this ordinance, 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 the City continues to approve new applications for administrative permits to engage in cannabis business and activity in these locations are issued. C. Purpose. The purpose of this moratorium is to pause consideration of new applications for administrative permits to engage in cannabis business and activity in the areas described above, to allow for the City to study and consider potential amendments to the General Plan, Municipal and Zoning Code to set standards and procedures for cannabis businesses. SECTION 2. Moratorium. Now, therefore, in accordance with California Government Code Section 65858, the City Council adopts a moratorium on the approval of new applications for administrative permits, to engage in cannabis business activity as follows: A. Definitions. For the purposes of this ordinance, the following terms and definitions are used: i. "Cannabis business and activity" includes the definitions of "medical cannabis activity" and "medical cannabis business" in PSMC § 5.45.050 as well as the definitions of "adult-use cannabis activity" and "adult-use cannabis business" in PSMC § 5.55.050 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. B. Moratorium. Notwithstanding anything to the contrary in existing City law, including, but not limited to, the General Plan, the Municipal Code, the Zoning Code, and other governing City planning document or policy, a moratorium is hereby placed on: the City approval of any new application for a "medical cannabis permit" and/or an "adult-use cannabis business permit," as those terms are defined in PSMC §§ 5.45.050 and 5.55.050 respectively. Ordinance No. 1983 Page 4 C. Location-Specific Applicability. This moratorium applies only to the areas depicted in Attachments 1 and 2 and described in Section 1.A.2.a and Section 1.A.2.A.b above. D. Notification to Permittees and Applicants. i. The City staff shall distribute a true and correct copy of this Ordinance to all cannabis permittees in the City, and all applicants for cannabis permits with applications pending, and ii. The City staff shall post a copy of this Ordinance on the City's website on the "Cannabis Related Businesses and Activities" page. E. 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. F. Applications. i. New. The City shall accept and process applications for approvals prohibited by this moratorium if so required by any State law. Any new application received and processed during the moratorium shall be processed at the applicant's sole cost and risk with the understanding that no permit for cannabis business activity will be approved with respect to a new application while this moratorium, or any extension of it is in effect. ii. Existing. The City shall continue to process requests for cannabis permits upon applications that the City previously accepted and deemed complete, along with requests for approvals, variances, building permits, business licenses, and/or other applicable entitlements by City cannabis permit holders. iii. Option to Withdraw. Any applicant with a pending and complete application for a cannabis permit for cannabis business and activity in the locations subject to the moratorium approved in this ordinance, or any holder of such a permit seeking another City approval required as a condition precedent to commencement of cannabis business operations, as of the effective date of this moratorium, may withdraw their application. Upon such withdrawal, any permit issued will be void, and the City shall issue a refund to the applicant or permit holder of their application fee, and any other City fees paid to date. An applicant or permit holder may refile a withdrawn application in the event that such refiling does not conflict with any ordinance or regulation of the City in force and effect. iv. Continued At-Risk Processing of Existing Applications and Approvals. Any application for a cannabis permit accepted and deemed complete by the City, and/or any application for another City approval required as a condition Ordinance No. 1983 Page 5 precedent to commencement of cannabis business operations, which application the City continues to process during the moratorium pursuant to Section 2.F.ii above, shall be processed at the applicant's sole cost and risk. Applicants are on notice and understand that no cannabis permit applicant or permit holder is entitled, as a matter of right, to any City discretionary approval and/or entitlement related to any new or proposed cannabis business and activity, during this moratorium or any extension hereof, or otherwise. SECTION 3. Study. The City Council hereby directs the Department of Planning Y Y Y p g Services to study and develop potential amendments to the General Plan, Municipal Code, Zoning Code or any other governing City planning document or policy related to over-concentration of, and related impacts from cannabis business and 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 nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. The ordinance temporarily 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 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 6. Effectiveness. This ordinance is declared an interim urgency measure necessary for the 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 four-fifths (4/5tns) vote, and signing by the City Clerk. SECTION 7. Report. Ten days before this interim urgency ordinance or any extension hereof expires, the City Council shall issue a written report describing the measures that the City has taken to address the conditions that led to the adoption of this ordinance. Ordinance No. 1983 Page 6 PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 20TH DAY OF FEBRUARY,,2$TJ. ROBERT MOON, MAYOR AT ST: v HONY J. EJIA CITY CLERK 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 Interim Urgency Ordinance No. 1983 is a full, true, and correct copy, and adopted by the City Council at a regular meeting held on Wednesday the 20th day of February, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Mayor Pro Tern Kors, and Mayor Moon NOES: None ABSENT: Councilmember Roberts ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 21-ti- day of Iq Z o HONY J M JIA, CITY CLER