HomeMy WebLinkAbout1944 ORDINANCE NO. 1944
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING CHAPTERS
91, 92, AND 93 OF THE PALM SPRINGS ZONING CODE
RELATIVE TO ZONING REQUIREMENTS AND
DEVELOPMENT STANDARDS FOR COMMERCIAL
MEDICAL AND ADULT-USE CANNABIS FACILITIES (4/5rhs
VOTE REQUIRED).
City Attorney Summary
This Ordinance amends provisions of the City's Zoning Code to establish
and amend zoning regulations for new Commercial Medical and Adult-Use
Cannabis Facilities, as permitted under the Medical and Adult Use
Cannabis Regulation and Safety Act. This interim urgency ordinance
would be effective immediately upon adoption.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. The City of Palm Springs is a charter city organized pursuant to Article XI
of the California Constitution and pursuant to the authority granted the City by Sections
5 and 7 of Article XI, the City has the power to make and enforce within its limits all
ordinances and regulations in respect to municipal affairs not in conflict with general
laws and its own charter. Such police powers include without limitation the ability to
adopt comprehensive zoning regulations and regulations upon the use of land and
property within-the City.
B. Pursuant to Article XI, Section 7 of the California Constitution, the City of
Palm Springs may adopt and enforce ordinances and regulations not in conflict with
general laws to protect and promote the public health, safety, and welfare of its citizens.
C. The Federal Government has issued guidelines for states and local
governments that have enacted laws authorizing cannabis-related conduct, requiring
them to implement strong and effective regulatory and enforcement systems that will
address the threat that medical and adult-use cannabis activity could pose to public
safety, public health, and other law enforcement interests.
D. On June 27, 2017, Governor Brown signed into law the Medical and Adult
Use Cannabis Regulation and Safety Act ("MAUCRSA"), legislation intended to provide
and consolidate a comprehensive regulatory framework for licensing, control, and
taxation of commercial medical and adult-use cannabis related businesses in California.
MAUCRSA expressly protects a City's local licensing practices, zoning authority, and
other local actions taken pursuant to the City's Constitutional municipal and police
powers. State law, inclusive of MAUCRSA, contains statutory provisions that:
Interim Urgency Ordinance No. 1944
Page 2
1. Allow local governments to enact ordinances expressing their intent to
allow or prohibit the cultivation of cannabis and their intent to administer or not
administer a conditional permit program pursuant to California Health and Safety
Code section 11362.777 for the cultivation of cannabis;
2. Expressly provide that state law does not supersede or limit local authority
for local law enforcement activity, enforcement of local ordinances or
enforcement of local permit or licensing requirements regarding cannabis per
California Business and Professions Code section 19315(a);
3. Expressly provide that state law does not limit the civil or administrative
authority or remedies of a local government provision of law regarding cannabis
including, but not limited to, a local government's right to make and to enforce
within its limits all regulations not in conflict with general laws per California
Business and Professions Code section 19316(c);
4. Specifically require, as a condition of state licensure, compliance with any
and all local requirements for all cannabis-related operations.
E. With that purpose, the City Council has adopted Chapters 5.45 and 5.55
of the Palm Springs Municipal Code to accommodate businesses allowing the
commercial medical and adult use of cannabis while protecting the health, safety, and
general welfare of the residents and businesses within incorporated areas of the City of
Palm Springs in compliance with all applicable state law.
F. It is the intent of the City Council to have a strong and effective regulatory
and enforcement system with regard to commercial medical and adult-use cannabis that
addresses identifiable challenges to public health, safety, and welfare, and advances
law enforcement and community concerns through robust zoning controls and licensing
procedures that are effective in practice.
G. The City Council desires to establish reasonable zoning regulations and
development standards related to commercial medical and adult-use cannabis related
businesses which are intended to address the negative impacts and nuisance impacts
associated with the uses.
H. The City Council finds that the uses and activities permitted under this
ordinance are consistent with and implement the goals and policies of the Palm Springs
General Plan.
I. The City Council finds that the adoption of this ordinance is exempt from
environmental review under the California Environmental Quality Act ("CEQA") pursuant
to the following provisions of the CEQA Guidelines, 14 Cal. Code of Regulations,
Chapter 3: 1
Interim Urgency Ordinance No. 1944
Page 3
1. The ordinance is exempt under CEQA Guidelines Section 15378(b)(5) in
that it is not a "project" under CEQA, and is an organizational or
administrative activity of the City that will not result in direct or indirect
physical changes in the environment;
2. The ordinance is exempt under CEQA Guidelines Section 15061(b)(3)
because it can be seen with certainty that there is no possibility that the
administrative activity in question may have a significant effect on the
environment. The commercial medical and adult-use cannabis
businesses conforming to the various categories provided under state law
and Palm Springs Municipal Code Chapters 5.45. and 5.55 will have
environmental impacts that are similar to other farming, manufacturing,
distribution, laboratory, and transportation and distribution activities
already authorized within the City. The actual, potential, direct, indirect
and cumulative environmental impacts of each of these businesses, if any,
will be analyzed and mitigated, to the extent that any mitigation is
required, on a project-by-project basis. Any identification of particular
environmental impacts arising from or related to this administrative activity
taken through this ordinance would be entirely speculative. Further, there
is no possibility that this Ordinance would create cumulative impacts that
are significant because this Ordinance does not authorize construction,
development or other related activities or any other activities that are not
already permitted, except that the ordinance allows the same activities but
in relation to a different material (adult-use or commercial medical
cannabis) that is being grown, sold, transported, or otherwise utilized in
some form. There are no other significant impacts that could occur as a
result of this ordinance, and there are no unusual circumstances that
would cause any such significant impacts; and
3. The Ordinance is also exempt under CEQA Guidelines Section 15183
(projects consistent with existing zoning, the general plan, or a community
plan) since the types of businesses permitted by the Ordinance are
consistent with those contemplated by general plan and zoning, such as
agriculture, manufacture, and distribution of other agricultural products
and/or products to be used as pharmaceuticals.
J. The City Council makes the following findings as to the urgency of the
adoption of this interim urgency ordinance:
1. The City Council adopted Ordinance 1933 on July 26, 2017, and the City's
current regulations providing for permitting of commercial medical
cannabis and adult-use cannabis businesses went into effect on August
25, 2017. Since that time, fourteen (14) businesses have applied for
regulatory permits to operate in the City, in anticipation of the state
finalizing its regulations and commencing to issue licenses. Throughout
Interim Urgency Ordinance No. 1944
Page 4
the application process, the City has placed applicants on notice that
zoning and development standards have not yet been adopted by the City
Council, and that each applicant is proceeding "at risk" with respect to its
proposed location. Based upon City communications with applicants,
uncertainty among applicants as to where certain medical and adult-use
cannabis uses will be permitted, conditionally permitted, and prohibited
has adversely impacted the ability of applicants to move forward with
commitments regarding real estate, i.e., the specific location of a proposed
cannabis use, and to commit resources to providing enhanced detail in
applications being prepared. As a result, the City has determined that the
absence of adopted zoning and development standards for cannabis uses
is delaying the evolution of commercial medical and adult-use cannabis
that advance the public health, safety and welfare.
2. Now that the voters of the City have approved Measure E, the City Council
desires to consider and approve, with all possible speed, the zoning and
development standards reflected in this interim urgency ordinance, which
are identical to the zoning and development standards that will go into
effect during January 2018 pursuant to the parallel "regular ' introduced on
even date with the adoption of this interim urgency ordinance.
3. The City will be ready to issue permits prior to January 2018. At least
some permit-holders will be adversely impacted if the City has no zoning
and development standards in place prior to that time. Again, with the
voters' approval of Measure E, and the corresponding legislative reality
that the City will be issuing permits under Chapters 5.45 and 5.55 of the
Palm Springs Municipal Code, the City anticipates that many more
applications will be filed in upcoming weeks. Adoption of this interim
urgency ordinance will likely augment the number and enhance the quality
of those applications, and will be the best means to advance the public
health, safety and welfare insofar as they relate to the regulation and
growth of the commercial medical and adult-use cannabis businesses in
the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Palm Springs Zoning Code (PSZC) Section 91.00.10(B) is hereby
amended to read:
"Adult-Use Cannabis Dispensary" means a premises where Adult-Use Cannabis,
Adult-Use Cannabis products, or devices for Adult-Use Cannabis or Adult-Use
Cannabis products are offered, either individually or in any combination, for retail
sale, and where the operator holds a valid adult-use cannabis business permit
from the City of Palm Springs authorizing the operation of a dispensary, and a
valid state license as required by State Law to operate a dispensary.
Interim Urgency Ordinance No. 1944
Page 5
"Adult-Use Cannabis Facility' means any business or operation which engages in
adult-use cannabis activity.
"Cannabis Lounge" means a discrete facility where Medical or Adult Use
Cannabis and Medical or Adult Use Cannabis products may be smoked or
ingested within the confines of the facility.
"Downtown" means that portion of the City within the boundaries of Alejo Road
on the north, Ramon Road on the south, Belardo Road/Museum Drive on the
west and Indian Canyon Drive on the east. This area includes both sides of Palm
Canyon Drive, Amado Road, Andreas Road, Tahquitz Canyon Way, Arenas
Road and Baristo Road within such boundaries.
"Medical Cannabis Dispensary" means a premises where medical cannabis,
medical cannabis product, or devices for the use of medical cannabis or medical
cannabis products are offered, either individually or in any combination, for retail
sale, and where the operator holds a valid medical cannabis business permit
from the City of Palm Springs authorizing the operation of a dispensary, and a
valid state license as required by State Law to operate a dispensary.
"Medical Cannabis Facility" means any business or operation which engages in
medical cannabis activity.
"Medical or Adult-Use Cannabis Transportation and Distribution Facility" means a
facility for the procurement, sale, storage, transfer and transport of cannabis and
cannabis products between entities licensed pursuant to this chapter.
"Medical or Adult-Use Cannabis Cultivation Facility' means a facility where
cannabis is cultivated and processed only for distribution to a licensed Medical or
Adult-Use Cannabis Facility.
"Medical or Adult-Use Cannabis Manufacturing Facility" means a facility where
cannabis is processed, extracted, or compounded into edible or topical products
intended for consumption, inhalation, or topical application, including a facility
that packages or repackages cannabis products, where the operator holds a
valid permit for manufacturing from the City of Palm Springs, and a valid state
license as required by State Law for manufacturing.
"Medical or Adult-Use Cannabis Testing Facility" means a facility, entity, or site
that offers or performs testing of medical or adult-use cannabis, or medical or
adult-use cannabis products and that is both of the following:
1. Accredited by an accrediting body that is independent from all other
persons involved in any segment or aspect of the cannabis industry
in the state; and
Interim Urgency Ordinance No. 1944
Page 6
2. Registered with the California State Department of Public Health.
"Premises" means the land and any structures erected on it or the defined space
within a building assigned to a single occupancy.
"Uptown" means that portion of the City within the boundaries of Alejo Road on
the south, Vista Chino on the north, the west side of Palm Canyon Drive on the
west, and Indian Canyon Drive on the east.
SECTION 2. PSZC Section 92.09.01(A) is hereby amended to read:
12. Cannabis lounge, subject to the property development standards
contained in Section 93.23.15 of this Code;
33. Medical cannabis dispensary or adult-use cannabis dispensary, subject to
the property development standards contained in Section 93.23.15 of this Code;
(Following uses renumbered accordingly)
SECTION 3. PSZC Section 92.12.01(A) is hereby amended to read:
17. Cannabis lounge, subject to the property development standards
contained in Section 93.23.15 of this Code;
35. Medical cannabis dispensary or adult-use cannabis dispensary, subject to
the property development standards contained in Section 93.23.15 of this Code;
(Following uses renumbered accordingly)
SECTION 4. PSZC Section 92.14.01(A) is hereby amended to read:
9. Cannabis lounge, subject to the property development standards
contained in Section 93.23.15 of this Code;
4-&-.19. Medical cannabis dispensary or adult-use cannabis dispensary, subject to
the property development standards contained in Section 93.23.15 of this Code;
(Following uses renumbered accordingly)
Interim Urgency Ordinance No. 1944
Page 7
SECTION 5. PSZC Section 92.14.1.01(A) is hereby amended to read:
2. Cannabis lounge, subject to the property development standards
contained in Section 93.23.15 of this Code;
4.5. Medical cannabis dispensary or adult-use cannabis dispensary, subject to
the property development standards contained in Section 92.23.15 of this Code;
(Following uses renumbered accordingly)
SECTION 6. PSZC Section 92.15.01(A) is hereby amended to read:
9. Cannabis lounge, subject to the property development standards
contained in Section 93.23.15 of this Code;
21. Medical cannabis dispensary or adult-use cannabis dispensary, subject to
the property development standards contained in Section 93.23.15 of this Code;
22. Medical or adult-use cannabis transportation and distribution facility,
subject to the development standards contained in Section 93.23.15 of this Code;
(Following uses renumbered accordingly)
SECTION 7. PSZC Section 92.15.01(C) is hereby amended to eliminate the
following use:
(Following uses renumbered accordingly)
SECTION 8. PSZC Section 92.15.01(D) is hereby amended to read:
9. Medical or adult-use cannabis cultivation facility, subject to the
development standards contained in Section 93.23.15 of this Code;
10. Medical or adult-use cannabis manufacturing facility, subject to the
Interim Urgency Ordinance No. 1944
Page 8
development standards contained in Section 93.23.15 of this Code;
11. Medical or adult-use cannabis testing facility, subject to the development
standards contained in Section 93.23.15 of this Code;
(Other uses renumbered accordingly)
SECTION 9. PSZC Section 92.16.01(A) is hereby amended to read:
4. Cannabis lounge, subject to the property development standards
contained in Section 93.23.15 of this Code;
nrrn iicin is of Ghapter 6 2-6 Of this GGQ ln•
6. Medical cannabis dispensary or adult-use cannabis dispensary, subject to
the property development standards contained in Section 93.23.15 of this Code;
7. Medical or adult-use cannabis transportation and distribution facility,
subject to the development standards contained in Section 93.23.15 of this Code;
(Following uses renumbered accordingly)
SECTION 10. PSZC Section 92.16.01(C) is hereby amended to eliminate the
following use:
��
i����pp���pyy Medical GanRabis mon„fa Gturing fa Gility and mediGal rnnnnhis testing
faGili yj
(Following uses renumbered accordingly)
SECTION 11. PSZC Section 92.16.01(D) is hereby amended to read:
9. Medical or adult-use cannabis cultivation facility, subject to the
development standards contained in Section 93.23.15 of this Code;
10 Medical or adult-use cannabis manufacturing facility, subject to the
development standards contained in Section 93.23.15 of this Code;
11. Medical or adult-use cannabis testing facility, subject to the development
standards contained in Section 93.23.15 of this Code;
Interim Urgency Ordinance No. 1944
Page 9
(Other uses renumbered accordingly)
SECTION 12. PSZC Section 92.17.01(A) is hereby to read:
4. Cannabis lounge, subject to the property development standards
contained in Section 93.23.15 of this Code;
7. 11 AediGal Gannabia ry Iltivatien fnnilitieS cam. bjent to the nreneFty de yelenment
,
7. Medical or adult-use cannabis transportation and distribution facility,
subject to the development standards contained in Section 93.23.15 of this Code;
44-.12. Services.
i. Medical cannabis dispensary or adult-use cannabis dispensary,
subject to the property development standards contained in Section
93.23.15 of this Code;
(Following uses renumbered accordingly)
SECTION 13. PSZC Section 92.17.01(C) is hereby amended to eliminate
the following use:
fasility;
(Following uses renumbered accordingly)
SECTION 14. PSZC Section 92.17.01(D) is hereby amended to read:
15. Medical or adult-use cannabis cultivation facility, subject to the
development standards contained in Section 93.23.15 of this Code;
16. Medical or adult-use cannabis manufacturing facility; subject to the
development standards contained in Section 93.23.15 of this Code;
17. Medical or adult-use cannabis testing facility, subject to the development
standards contained in Section 93.23.15 of this Code;
(Other uses renumbered accordingly)
SECTION 15. PSZC Section 92.17.1.01(A) is hereby amended to read:
Interim Urgency Ordinance No. 1944
Page 10
3. Cannabis lounge, subject to the property development standards
contained in Section 93.23.15 of this Code;
GtanrdaF do eentaineid in Seedien 93 22- 'I6 of this Garde and eemnlienee with the
provisions of Chapter 5.35 of this ,
7. Medical cannabis dispensary or adult-use cannabis dispensary, subject to
the property development standards contained in Section 93.23.15 of this Code;
8. Medical or adult-use cannabis transportation and distribution facility,
subject to the development standards contained in Section 93.23.15 of this Code;
(Following uses renumbered accordingly)
SECTION 16. PSZC Section 92.17.1.01(C) is hereby amended to eliminate the
following use:
3 Medical Gannabis enl lfa E;turine fonility and mediGal GaRRabis testing
SECTION 17. PSZC Section 92.17.1.01(D) is hereby amended to read:
13. Medical or adult-use cannabis cultivation facility, subject to the
development standards contained in Section 93.23.15 of this Code;
14. Medical or adult-use cannabis manufacturing facility, subject to the
development standards contained in Section 93.23.15 of this Code;
15. Medical or adult-use cannabis testing facility, subject to the development
standards contained in Section 93.23.15 of this Code;
(Other uses renumbered accordingly)
SECTION 18. PSZC Section 92.17.2.01(A) is hereby amended to read:
cdenrdarrdo Wntainerd in Cee4ien nZ 23 16 of this f erde and nerrmnlianee with the
provisions of Chapter 5.35 of this GGde7
7. Medical or adult-use cannabis transportation and distribution facility,.
subject to the development standards contained in Section 93.23.15 of this Code;
Interim Urgency Ordinance No. 1944
Page 11
SECTION 19. PSZC Section 92.17.2.01(C) is hereby amended to eliminate the
following use:
2 hAPdiGAI GARRAWA MARL&PA, NRg fnnility and MPPIOnnl AAnnAWA 4oa4ipeg
l asa+ty;
SECTION 20. PSZC Section 92.17.2.01(D) is hereby amended to read:
10. Medical or adult-use cannabis cultivation facility, subject to the
development standards contained in Section 93.23.15 of this Code;
11. Medical or adult-use cannabis manufacturing facility, subject to the
development standards contained in Section 93.23.15 of this Code;
12. Medical or adult-use cannabis testing facility, subject to the development
standards contained in Section 93.23.15 of this Code;
(Following uses renumbered accordingly)
SECTION 21. PSZC Section 92.18.01(A) is hereby amended to read:
'3ta;Rd_aFd_6 GOntained OR SeGVOR 93.23.15 of this Code and GernplianGe with
provisions of Chapter 6.35 of this Gode--1
44-.10. Medical cannabis dispensary or adult-use cannabis dispensary, subject to
the property development standards contained in Section 93.23.15 of this Code;
11. Medical or adult-use cannabis transportation and distribution facility,
subject to the development standards contained in Section 93.23.15 of this Code;
SECTION 22. PSZC Section 92.18.01(C) is hereby amended to read:
5. Medical or adult-use cannabis cultivation facility, subject to the
development standards contained in Section 93.23.15 of this Code;
(Following uses renumbered accordingly)
Interim Urgency Ordinance No. 1944
Page 12
SECTION 23. PSZC Section 93.23.15 is hereby amended to read:
A. General Requirements. No land use entitlement, permit (including
building permit) approval, site plan, certificate of occupancy, zoning clearance, or
other land use authorization for a Medical Cannabis Facility or an Adult Use
Cannabis Facility shall be granted or permitted except in conformance with this
Section.
B. Regulatory Permit Required. Medical Cannabis Facilities and Adult Use
Cannabis Facilities shall be permitted only upon application and approval of a
regulatory permit in accordance with the criteria and process set forth in Chapter
5.35, Chapter 5.45 or Chapter 5.55 of this Code. Prior to initiating operations,
and as a continuing requisite to conducting operations, the person or the legal
representative of the person wishing to operate a Medical Cannabis Facility or an
Adult Use Cannabis Facility, as those terms are defined in Section 91.00.10,
shall secure a regulatory permit from the City Manager under the terms and
conditions set forth in Chapter 5.35, Chapter 5.45, or Chapter 5.55 of this Code
and shall otherwise fully comply with the provisions of this Section.
C. Separation Distance Requirements. No Medical Cannabis Facilities or
Adult Use Cannabis Facilities shall be established, developed or operated except
in accordance with the separation distances as listed below. All distances shall
be measured in a straight line, without regard to intervening structures, from the
nearest property line of the property on which the Cannabis Facility is, or will be
located, and to the nearest property line of those uses described in this
Subsection. Administrative modifications for this standard may be granted by the
City Council pursuant to Section 94.06.01.6.
1. Cannabis Lounge Facilities. Cannabis Lounge Facilities shall be subject to the
following separation distance requirements:
(a) From other Cannabis Lounge Facilities: No separation distance shall be
required.
(b) From Medical Cannabis Cooperatives or Collectives: No separation
distance shall be required.
(c) From Medical Cannabis or Adult Use Cannabis Dispensaries (Commercial
Zones): No separation distance shall be required.
(d) From Medical Cannabis or Adult Use Cannabis Dispensaries (Industrial
Zones): No separation distance shall be required.
(e) From Medical Cannabis or Adult Use Cannabis Dispensaries
(Downtown/Uptown): No separation distance shall be required.
(f) From Medical or Adult Use Manufacturing Facilities, Testing Facilities,
Cultivation Facilities, and Transportation and Distribution Facilities: No
separation distance shall be required.
(g) From Palm Canyon Drive: No separation distance shall be required in the
Downtown/Uptown areas; a minimum 250-foot separation distance shall
be required in all other zones.
(h) From Residential Zones: No separation distance from residential zones
Interim Urgency Ordinance No. 1944
Page 13
shall be required in the Downtown/Uptown areas; a 250-foot separation
distance shall be required in all other zones.
(i) From Protected Child-Related Uses (schools, public playgrounds, public
parks, day care/child care centers, youth centers): A minimum 1000-foot
separation distance shall be required.
2. Medical Cannabis Cooperatives or Collectives.
a. From other Medical Cannabis Cooperatives or Collectives: No separation
distance shall be required.
b. From Cannabis Lounge Facilities: No separation distance shall be
required.
c. From Medical Cannabis or Adult Use Cannabis Dispensaries (Commercial
Zones): No separation distance shall be required.
d. From Medical Cannabis or Adult Use Cannabis Dispensaries (Industrial
Zones): No separation distance shall be required.
e. From Medical Cannabis or Adult Use Cannabis Dispensaries
(Downtown/Uptown): No separation distance shall be required.
f. From Medical or Adult Use Manufacturing Facilities, Testing Facilities,
Cultivation Facilities, and Transportation and Distribution Facilities: No
separation distance shall be required.
g. From Palm Canyon Drive: A minimum 250-foot separation distance shall
be required.
h. From Residential Zones: A minimum 250-foot separation distance shall
be required.
i. From Protected Child-Related Uses (schools, public playgrounds, public
parks, day care/child care centers, youth centers): A minimum 600-foot
separation distance shall be required.
3. Medical or Adult Use Cannabis Dispensaries (Commercial Zones).
a. From other Medical or Adult Use Cannabis Dispensaries (Commercial
Zones): A minimum 1000-foot separation distance shall be required.
b. From Cannabis Lounge Facilities: No separation distance shall be
required.
c. From Medical Cannabis Cooperatives or Collectives: A minimum 1000-
foot separation distance shall be required.
d. From Medical Cannabis or Adult Use Cannabis Dispensaries (Industrial
Zones): A minimum 1000-foot separation distance shall be required.
e. From Medical Cannabis or Adult Use Cannabis Dispensaries
(Downtown/Uptown): A minimum 2000-foot separation distance shall be
required.
f. From Medical or Adult Use Manufacturing Facilities, Testing Facilities,
Cultivation Facilities, and Transportation and Distribution Facilities: No
separation distance shall be required.
g. From Palm Canyon Drive: A minimum 250-foot separation distance shall
be required.
Interim Urgency Ordinance No. 1944
Page 14
h. From Residential Zones: A minimum 250-foot separation distance shall
be required.
i. From Protected Child-Related Uses (schools, public playgrounds, public
parks, day care/child care centers, youth centers): A minimum 600-foot
separation distance shall be required.
4. Medical or Adult Use Cannabis Dispensaries (Industrial Zones).
(a) From other Medical Cannabis or Adult Use Cannabis Dispensaries
(Industrial Zones): A minimum 500-foot separation distance shall be
required.
(b) From Cannabis Lounge Facilities: No separation distance shall be
required.
(c) From Medical Cannabis Cooperatives or Collectives: A minimum 500-foot
separation distance shall be required.
(d) From Medical Cannabis or Adult Use Cannabis Dispensaries (Commercial
Zones): A minimum 1000-foot separation distance shall be required.
(e) From Medical Cannabis or Adult Use Cannabis Dispensaries
(Downtown/Uptown): A minimum 2000-foot separation distance shall
be required.
(f) From Medical or Adult Use Manufacturing Facilities, Testing Facilities,
Cultivation Facilities, and Transportation and Distribution Facilities: No
separation distance shall be required.
(g) From Palm Canyon Drive: A minimum 250-foot separation distance shall
be required.
(h) From Residential Zones: A minimum 250-foot separation distance shall
be required.
(i) From Protected Child-Related Uses (schools, public playgrounds, public
parks, day care/child care centers, youth centers): A minimum 600-foot
separation distance shall be required.
G)
5. Medical or Adult Use Cannabis Dispensaries (Downtown/Uptown).
(a) From other Medical Cannabis or Adult Use Cannabis Dispensaries
(Downtown/Uptown): A minimum 2000-foot separation distance shall be
required.
(b) Cannabis Lounge Facilities: No separation distance shall be required.
(c) From Medical Cannabis Cooperatives or Collectives: A minimum 2000-
foot separation distance shall be required.
(d) From Medical Cannabis or Adult Use Cannabis Dispensaries (Commercial
Zones): A minimum 2000-foot separation distance shall be required.
(e) From Medical Cannabis or Adult Use Cannabis Dispensaries (Industrial
Zones): A minimum 2000-foot separation distance shall be required.
(f) From Medical or Adult Use Manufacturing Facilities, Testing Facilities,
Cultivation Facilities, and Transportation and Distribution Facilities: No
separation distance shall be required.
(g) From Palm Canyon Drive: No separation distance shall be required.
Interim Urgency Ordinance No. 1944
Page 15
(h) From Residential Zones: No separation distance shall be required.
(i) From Protected Child-Related Uses (schools, public playgrounds, public
parks, day care/child care centers, youth centers): A minimum 600-foot
separation distance shall be required.
6. Medical or Adult Use Cannabis Manufacturing Facilities, Testing Facilities,
Cultivation Facilities, and Transportation and Distribution Facilities.
(a) From other Medical or Adult Use Manufacturing Facilities, Testing
Facilities, Cultivation Facilities, and Transportation and Distribution
Facilities: No separation distance shall be required.
(b) Cannabis Lounge Facilities: No separation distance shall be required.
(c) From Medical Cannabis Cooperatives or Collectives: No separation
distance shall be required.
(d) From Medical Cannabis or Adult Use Cannabis Dispensaries (Commercial
Zones): No separation distance shall be required.
(e) From Medical Cannabis or Adult Use Cannabis Dispensaries (Industrial
Zones): No separation distance shall be required.
(f) From Medical Cannabis or Adult Use Cannabis Dispensaries
(Downtown/Uptown): No separation distance shall be required.
(g) From Palm Canyon Drive: A minimum 250-foot separation distance shall
be required.
(h) From Residential Zones: A minimum 250-foot separation distance shall
be required.
(i) From Protected Child-Related Uses (schools, public playgrounds, public
parks, day care/child care centers, youth centers): A minimum 600-foot
separation distance shall be required.
D. Accessory Uses: A Medical Cannabis Facility or an Adult Use Cannabis
Facility is not and shall not be approved as an accessory use to any other use
permitted by this Zoning Code. Medical Cannabis Facilities and Adult Use
Cannabis Facilities may be located on the same parcel or on the same premises
as otherwise permitted by this Zoning Code.
E. Parking Requirements. Except within the E-1 Zone, where M-2 standards
shall apply, Medical Cannabis and Adult Use Cannabis Facilities shall be parked
at a rate of one (1) space for every three hundred (300) gross square feet of
retail dispensary space or office space, and one (1) space for every eight
hundred (800) gross square feet of warehouse/cultivation space. Cannabis
Lounge facilities shall be parked at a rate of one (1) space for every three (3)
seats, or one (1) space for every thirty-five (35) square feet where the public is
served. Cannabis Lounge facilities within the "D" Downtown Parking Combining
Zone may be parked at a rate of one (1) space for every four(4) seats, or one (1)
space for every fifty (50) square feet where the public is served. Administrative
modifications for this standard may be granted by the City Council pursuant to
Section 94.06.01.6.
Interim Urgency Ordinance No. 1944
Page 16
F. Additional Requirements for Specific Cannabis Uses.
1. Medical Cannabis and Adult Use Cannabis Cultivation Facilities.
Any Medical Cannabis or Adult Use Cannabis Cultivation Facility in
excess of ten thousand (10,000) square feet shall operate only
within the E-1 or M-2 Zones.
2. Medical Cannabis Dispensaries and Adult Use Cannabis
Dispensaries, Square Footage Restrictions — Downtown/Uptown.
Medical Cannabis Dispensaries and Adult Use Cannabis
Dispensaries shall be limited to a maximum of one thousand five
hundred (1,500) square feet in gross floor area on the street/ground
level of any building in the defined Downtown/Uptown areas.
Dispensaries (or portions thereof) located above the street/ground
level shall be limited to a maximum of five thousand (5,000) square
feet in gross floor area.
3. Internal Testing Facility — Accessory to a Permitted Cannabis
Facility. An on-premises testing facility may be permitted
accessory to a Medical or Adult Use Cannabis Cultivation Facility or
a Medical or Adult Use Cannabis Manufacturing Facility for the
purpose of internal testing of cannabis products grown or produced
at the facility. The internal testing facility shall be subject to the
following requirements:
a. The testing results cannot be published or shared with the
public or any third party.
b. Testing shall be limited to cannabis products grown or
produced at the facility.
C. The area dedicated to the internal testing facility shall be
clearly shown and identified on any floor plans submitted to
the City for the cannabis facility.
d. No additional entitlement is required for an accessory
internal testing facility; however, environmental analysis of
the internal testing facility shall be performed as part of the
environmental analysis for the associated cultivation or
manufacturing use.
e. Nothing in this Subsection (F)(3) shall be construed to limit
the applicability of City regulations, including without
limitation all provisions of Chapters 5.45 and 5.55 and any
regulations promulgated by the City Manager pursuant
thereto, to the colocation of the accessory internal testing
facility.
Interim Urgency Ordinance No. 1944
Page 17
4. Cannabis Lounge Facilities. Cannabis Lounge Facilities shall be
subject to the following requirements:
a. Concurrent Commercial Uses. In the event that a Cannabis
Lounge Facility operates concurrent in a single premises
with another commercial use, the Cannabis Lounge Facility
shall be a permitted use in accordance with Chapter 92. In
the absence of a concurrent commercial use, operation of a
Cannabis Lounge Facility shall require a conditional use
permit.
b. Separate Premises. Cannabis Lounge Facilities shall be
located on a separate parcel or within a tenant space that is
segregated and apart from any other use. A Cannabis
Lounge Facility shall have a dedicated entrance from the
street or public sidewalk, and shall have no internal
connections or passage to any other tenant space or use.
C. Sale of Cannabis and Cannabis Products. Medical or adult-
use cannabis and medical or adult-use cannabis products
may be sold on the premises of a Cannabis Lounge, subject
to the following:
1) The operator must hold an Adult-Use Dispensary
permit; however, only the distance separation
requirements for the Cannabis Lounge use shall be
applicable to the facility.
2) All medical or adult-use cannabis and medical or
adult-use cannabis products sold on the premises
must be smoked, inhaled, consumed or ingested on
the premises. Cannabis and cannabis products shall
not be sold or provided for off-site use.
3) Operators shall not permit patrons to bring their own
personal cannabis or cannabis products to the
Cannabis Lounge Facility.
4) All cannabis or cannabis products purchased and
opened at the facility must be smoked, inhaled,
consumed or ingested on site, and shall not be
permitted to leave the facility.
5) Operators shall only permit patrons to leave the
Cannabis Lounge Facility with cannabis and cannabis
Interim Urgency Ordinance No. 1944
Page 18
products that remain in originally sealed and
unopened packaging.
d. Smoking of Cannabis. The smoking of cannabis may be
permitted at a Cannabis Lounge Facility, as may be
allowable understate law.
e. Alcohol and Tobacco Products. The sale or consumption of
alcohol or tobacco products is not allowed on the premises.
f. Minors. Access to the Cannabis Lounge Facility shall be
restricted to persons twenty-one (21) years of age and older.
g. Visibility. The smoking, inhalation, consumption or ingestion
of cannabis or cannabis products shall not be visible from
any public place or any area where minors may be present.
The Cannabis Lounge shall be located within a completely
enclosed building.
h. Odor Control.
1) The operator of each Cannabis Lounge Facility shall
provide adequate air filtration so as to prevent any
detectable odor at the exterior of the premises.
Within twenty-four (24) hours of any complaint
concerning odors emanating from or originating within
the facility, the operator shall respond to the complaint
in question, and shall timely file a written disclosure to
the Building Official documenting any and all actions
taken and planned to address the odor complaints.
The Building Official, upon a determination of the
continued existence of detectable odor from the
facility, may require an operator to submit an
implementation plan and/or a performance schedule,
above and beyond this written disclosure filed within
twenty-four (24) hours, to ensure the employment of
measures to control the odor.
2) The Building Official shall have the authority to require
an operator of a Cannabis Lounge Facility to amend
any implementation plan and/or performance
schedule submitted pursuant to this Subparagraph
F.4.h to cause compliance herewith.
3) Any failure to timely submit a written disclosure, a
more detailed implementation plan and/or
Interim Urgency Ordinance No. 1944
Page 19
performance schedule or amendment thereto, to
timely adhere to the terms of either, or to complete
any required improvements within the timeframe
specified by the Building Official shall be grounds for
revocation of the permit for the cannabis lounge
facility.
4) Odors from a Cannabis Lounge Facility are identified
as a public nuisance pursuant to PSMC Chapter
11.72. The City may pursue all administrative, civil
and criminal remedies identified in that chapter in
relation to any nuisance determined to exist with
respect to the operation of a cannabis lounge facility
in violation of this Subparagraph F.4.h.
SECTION 24. This Interim Urgency Ordinance is adopted based upon the true
and correct Recitals above, including without limitation the findings stated therein, e.g.,
that adoption of this Interim Urgency Ordinance is consistent with, and implements the
goals and policies of the General Plan, that this Interim Urgency Ordinance is exempt
from environmental review under the California Environmental Quality Act ("CEQA") for
the reasons reflected in the recitals, that adoption of this Interim Urgency Ordinance is a
matter of urgency and advances the public health, safety and welfare for the reasons
reflected in the recitals, etc.
SECTION 25. The adoption of this Interim Urgency Ordinance is necessary for
the immediate protection of the public peace, health, and safety by ensuring the timely
and orderly adoption of zoning and development standards applicable to commercial
medical and adult-use cannabis uses in the City, and implementation of City policy
adopted in Chapters 5.45 and 5.55 of the Palm Springs Municipal Code, and with the
legal preferences of the People of the State of California as they pertain to the public
health, safety and welfare, and providing for an orderly and balanced transition to the
effective date of the City's new "regular" ordinance, Ordinance No. 1943, providing
cannabis zoning and development standards, which is equivalent in content to this
Interim Urgency Ordinance, and is introduced on even date herewith. The City's failure
to adopt this Interim Urgency Ordinance would adversely affect the public health and
welfare of residents, and impair businesses in the City. In accordance with Section 312
of the Palm Springs City Charter, the City Council of the City of Palm Springs finds and
determines that the adoption of this Interim Urgency Ordinance is necessary to ensure
the immediate protection of the public peace, health, and safety.
SECTION 26. This Interim Urgency Ordinance shall be effective until
January 31, 2018, or until it is superseded on the effective date of Ordinance No. 1943,
whichever comes first.
SECTION 27. The City Council hereby declares, on the basis of the findings set
forth in the Recitals and in Section 28 above, incorporated by this reference herein, that
Interim Urgency Ordinance No. 1944
Page 20
an urgency ordinance is warranted and that this Interim Urgency Ordinance is
necessary to preserve the public peace, health and safety. Accordingly, this Interim
Urgency Ordinance is adopted as such, and shall take effect and be in force
immediately upon its adoption. This Interim Urgency Ordinance shall expire on
January 31, 2018, unless superseded sooner, on the effective date of Ordinance No.
1943, or extended by action of the City Council prior to such date.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 151h DAY OF NOVEMBER
MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby
certify that Interim Urgency Ordinance No. 1944 is a full, true and correct copy, and was
adopted at a regular meeting of the City Council held on the 15th day of November,
2017, by the following vote:
AYES: Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and Mayor Moon
NOES: Councilmember Mills
ABSENT: None
ABSTAIN: None
RECUSED: None �/ a&
KATHLEEN D. HART, MMC
INTERIM CITY CLERK