HomeMy WebLinkAbout1943 ORDINANCE NO. 1943
AN 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.
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.
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:
Ordinance No. 1943
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
g 9
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. The ordinance is exempt under CEQA Guidelines Section 15378(b)(5) in
Ordinance No. 1943
Page 3
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.
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
Ordinance No. 1943
Page 4
valid state license as required by State Law to operate a dispensary.
"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
Ordinance No. 1943
Page 5
in the state; and
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)
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;
Ordinance No. 1943
Page 6
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 re
ad:
9. Cannabis lounge, subject to the property development standards
contained in Section 93.23.15 of this Code;
29• Medinnl Gannnhie fnnili#ion 6ubjenf fe the nreneFty develop Fn
standaFds GGRtained in SeGtion 93.23.15 of this Code and GGMP!4anre with t
nreyi6iens of Ghapter 5e• !•c 45 of this ede•
r
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:
14. 11 AediGal r.ennnhis snanr rfnn4r mine facility .end medienl eannabin fes nr+,
(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
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:
Ordinance No. 1943
Page 7
4. Cannabis lounge, subject to the property development standards
contained in Section 93.23.15 of this Code;
5 Medina' rnnnahiq ei i ' atien fnnilitiec. ..hi nee.t to the PFGPeFt.Td pm�[
n rniin inns of ( h. nter C. 45 of this roue•
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:
d I1AP-d-iGll GanA—AhiS moniIfa-nti-rinn facility nnet MP-d-iroal G-RRRRhin tentine
f^n
(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;
(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 hAcrline�l naonahin nultiv.etie.n fnnilitien nnhient to the nrenert.• AeveJnr.m
maned Fdn eentnined in See.tion 93 23 15 of this Gode and GOMPlianGe with the
Ordinance No. 1943
Page 8
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:
A 11 Aeidinsl eannahin man-ifnnh,rinn fa Gility and- medinal nnnnahis fertinn
(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:
3. Cannabis lounge, subject to the property development standards
contained in Section 93.23.15 of this Code;
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,
Ordinance No. 1943
Page 9
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. Medisal eannahots m._A. ,_,fac..,,Fong facility^-and—.nedioal ..a.,nabi..
fa^
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:
stands Fels Gentawne.d 'n SeGtaen 93 23 15 of this f ode and Gemplianee with t
............+...� �-. ... vv.w. �v yr u
7. Medical or adult-use cannabis transportation and distribution facility,
subject to the development standards contained in Section 93.23.15 of this Code;
SECTION 19, PSZC Section 92.17.2.01(C) is hereby amended to eliminate the
following use:
fa^
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
Ordinance No. 1943
Page 10
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:
AtAndRFdq nnnt.�inerl in Seetien 93 23 15 of this Cede and r�emnli aRee with the
;
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)
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.
Ordinance No. 1943
Page 11
C. Separation Distances and Concentrations of Use. No Medical Cannabis
Facilities or Adult Use Cannabis Facilities shall be established, developed or
operated except in accordance with the following principles. 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. These principles are not absolute; the City Council will exercise
discretion in their application to individual cases, via modifications considered
and granted by the Council, on a case-by-case basis, pursuant to Section
94.06.01.B.
1. Cannabis Facilities shall be separated by a minimum five hundred foot
(500') distance, unless modified by the City Council as described above.
2. To prevent an over-intensive presence of cannabis uses in a particular
area, there shall not be three (3) or more Cannabis Facilities within any
measured distance of three thousand feet (3,000'), unless modified by the
City Council as described above.
3. Notwithstanding any other verbiage in this Subsection 93.23.15.C., unless
modified by the City Council as described above, there shall be no
mandatory separation distance between:
a. Medical Cannabis Facilities or Adult Use Cannabis Facilities in any
of the following zones: . , k
i. C-M, commercial manufacturing;
ii. M-1-P, planned research and development park zone;
iii. M-1 service/manufacturing zone;
iv. M-2 [manufacturing zone], EA [energy industrial zone.
b. Medical Cannabis Facilities or Adult Use Cannabis Facilities that
are operated by a Permittee under Chapter 5.35, 5.45 or 5.55, or
are the subject of a pending entitlement application filed by a
Permittee and subject to review by the City as of January 5, 2018.
c. Medical Cannabis Facilities or Adult Use Cannabis Facilities that
are under a single ownership and operating with a single street
address.
4. Notwithstanding any other verbiage in this Subsection 93.23.15.C., unless
modified by the City Council as described above, a minimum six hundred
foot (600') separation distance shall be required between any Medical
Cannabis Facility or Adult Use Cannabis Facility and any
a. School,
b. public playground,
c. public park,
d. day care/child care center, or
e. youth center.
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
Ordinance No. 1943
Page 12
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 b i y be granted y the e City Council pursuant to
Section 94.06.01.13.
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. Architectural Review. All Cannabis Lounge Facilities, Medical
Cannabis Dispensaries, and Adult Use Cannabis Dispensaries
shall be subject to architectural review by the City Council upon a
recommendation by the Architectural Advisory Committee. The
Architectural Advisory Committee and City Council shall apply the
criteria reflected in Section 94.04.00(D).
4. 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
Ordinance No. 1943
Page 13
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.
5. 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-
Ordinance No. 1943
Page 14
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) Operators shall not permit patrons to bring their own
personal cannabis or cannabis products to the
Cannabis Lounge Facility.
3) 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 unless repackaged in a
container that is compliant with all applicable state law
and regulation.
4) Operators shall only permit patrons to leave the
Cannabis Lounge Facility with cannabis and cannabis
products that remain in originally sealed and
unopened packaging, or have been transferred by the
Operator for repackaging in a container that is
compliant with all applicable state law and regulation.
d. Smoking of Cannabis. The smoking of cannabis may be
permitted at a Cannabis Lounge Facility, as may be
allowable under state 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 Facilityshall 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.
Ordinance No. 1943
Page 15
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.5.h to cause compliance herewith.
3) Any failure to timely submit a written disclosure, a
more detailed implementation plan and/or
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.5.h.
SECTION 24. This Ordinance is introduced and adopted based upon the true
and correct recitals above, including without limitation the findings stated therein, e.g.,
that adoption of this Ordinance is consistent with, and implements the goals and policies
of the General Plan, that this Ordinance is exempt from environmental review under the
California Environmental Quality Act ("CEQA") for the reasons reflected in the recitals,
etc.
Ordinance No. 1943
Page 16
SECTION 25. On its effective date, this Ordinance shall supersede the Interim
Urgency Ordinance with identical regulatory content adopted on even date herewith.
SECTION 26. 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 applicable law; this
Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED THIS 6th DAY OF DECEMBER, 2017.
ROBERT MOON
MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
Ordinance No. 1943
Page 17
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, California,
do hereby certify that Ordinance No. 1943 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on November 15, 2017
and adopted at a regular meeting of the City Council held on December 6, 2017 by the
following vote:
AYES: J Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and Mayor Moon
NOES: Councilmember Mills
ABSENT: None
ABSTAIN: None
RECUSAL: None
-\L"Zt
KATHLEEN D. HART, MMC
INTERIM CITY CLERK