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Home My WebLink About11/29/2017 - STAFF REPORTS - 4.C. {O�pALM sp4 u 'w CITY COUNCIL STAFF REPORT • 0 14 •bgiN Pq<IFORN�p DATE: November 29, 2017 UNFINISHED BUSINESS SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1943 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 FROM: David H. Ready, City Manager BY: Edward Z. Kotkin, City Attorney SUMMARY This is the second reading of an ordinance that amends the Palm Springs Zoning Code (PSZC), establishing zoning requirements for Adult-Use Cannabis Facilities and making minor modifications to the requirements for Commercial Medical Cannabis Facilities. The Council adopted an interim urgency ordinance, Ordinance No. 1944, with the same content on November 15, 2017 by a 4/5 vote. RECOMMENDATION: Waive the second reading of text in its entirety, read by title only, and adopt 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." Note: The proposed Ordinance is provided herewith in two (2) alternate forms. STAFF ANALYSIS: On November 15, 2017, Ordinance No. 1943 was introduced for first reading, as noted below: ACTION: Waive the reading of text in its entirety, read by title only, and introduce for first reading 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." I'iEMN0. y•C• City Council Staff Report November 29, 2017-- Page 2 Cannabis Zoning Ordinance Approved by a majority vote of the City Council (4-1-0). AYES: Councilmembers Kors, Roberts, Mayor Pro Tem Foat, and Mayor Moon NOES: Councilmember Mills ABSENT: None This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. This ordinance contains the following provisions: • Establishes zoning districts where Adult-Use Cannabis Facilities may be located; • Institutes, and in some cases modifies, and in others maintains separation distance requirements between cannabis uses; • Requires a Conditional Use Permit approval for all cultivation, manufacturing, and testing uses; • Requires architectural review of storefronts and signage for all Dispensaries and "Lounges;" and • Establishes the Cannabis Lounge use for the on-site consumption of cannabis products. The City Council voted to introduce the ordinance, subject to the following comments, corrections and additions: • Modify separation distances within all industrial zones to be 500' • Eliminate the cannabis use specific requirement for architectural review, and allow cannabis uses to be subject to neither more nor less architectural scrutiny than other uses • Create a requirement for a conditional use permit for "stand-alone" cannabis lounges, where cannabis on-site consumption is the only commercial use taking place in a cannabis facility (similar to the requirement for cocktail lounges), while preserving cannabis lounges as a permitted use if combined with concurrent commercial uses • Remove the separation distance between cannabis lounges in the downtown/uptown and residential zones • Prohibit patrons of cannabis lounges from bringing their own cannabis or cannabis products to a cannabis lounge, and eliminate moot language prohibiting sale or distribution of cannabis or cannabis products by cannabis lounge patrons • Distinguish between cannabis and cannabis products that are purchased and opened, as opposed to purchased and unopened at a cannabis lounge—operators of lounges may only permit patrons to leave the lounge with cannabis and cannabis products that are sealed and unopened • Modify verbiage related to reflect odors "at" the exterior of cannabis lounge premises 02 City Council Staff Report November 29, 2017--Page 3 Cannabis Zoning Ordinance In addition to these comments, corrections, and additions, staff discovered that the Ordinance as originally printed in the agenda packet on November 15, 2017 did not provide for the requirement of a conditional use permit for cultivation facilities located in the Planned Research and Development Park (M-1-P) zone. That oversight is addressed in the Ordinance now proposed for adoption, and was corrected in interim urgency ordinance 1944. The redlined draft of this Ordinance as introduced is attached to this report as ATTACHMENT A. A clean version of this Ordinance as introduced is attached to this report as ATTACHMENT B. To implement some of these changes, staff has necessarily deviated from format of the ordinance introduced with respect to the"Separation Distance Requirements" table in Section 93.23.15.C. A narrative format reflecting these distances will be easier for staff and the public to use. In instances when cannabis uses separated from one another lie in two different zones, staff has applied the more stringent separation distance. To facilitate discussion, if any, that the Council wants to undertake in relation to second reading, the table below identifies the zoning districts where the new cannabis-related uses would be permitted: Zoning Districts Use CBD C-1 C-2 HC C-M I M-1-P M-1 M-2 E-I A Cannabis Lounge P P P P P P P P Medical Cannabis P P P P P P P Cooperative or Collectives Medical or Adult Use P P P P P P P P P Cannabis Dispensary Medical or Adult Use CUP CUP CUP CUP CUP CUP Cannabis Cultivation Facility Medical or Adult Use Cannabis Manufacturing CUP CUP CUP CUP CUP Facility Medical or Adult Use CUP CUP CUP CUP CUP Cannabis Testing Facility Medical or Adult Use Cannabis Transportation& P P P P P P Distribution Facility Since this ordinance's introduction, based upon comments during deliberation, the subcommittee requested that the Council also be presented with an alternative version of the introduced ordinance that reflects minor adjustments from the version introduced that do not reach the level of substance necessitating the ordinance's re-introduction prior to adoption. An alternative redline version of the ordinance reflecting these minor changes is attached to this report as ATTACHMENT B. Specifically, the subcommittee recommends that specific requirement for separation distances between cannabis 03 City Council Staff Report November 29, 2017-- Page 4 Cannabis Zoning Ordinance lounges be re-inserted in this Ordinance. The subcommittee reasoned that the impact of the state's legal requirement that the use of cannabis and cannabis products in cannabis lounges not be visible from the street will not be desirable if there is no separation distance between lounges. More specifically, the subcommittee opines that the frontage of cannabis lounges, if located too close to one another,will not present well or be consistent with the City's best interests. Additional modifications of separation distances have been inserted in the alternative redline based upon the subcommittee recommendations that cannabis uses in commercial zones, including lounges, should be separated by 1000 feet, cannabis uses in the downtown/uptown areas, including lounges, should be separated by 2000 feet, and cannabis uses in industrial zones need not be separated at all. Further, in instances when two cannabis uses measured for separation distance sit in separate zones, the more restrictive distance has been selected. The subcommittee's alternative redline also provides for architectural review by the AAC and City Council as to all Cannabis Lounge Facilities. A clean version of Ordinance 1943 as introduced is attached to this report as ATTACHMENT C, and a clean version of the subcommittee's revised Ordinance 1943 is attached to this report as ATTACHMENT D. � J David H. Ready, Esq., P Edward Z. Kotkin, City Manager City Attorney Attachments: A. Redline of Ordinance 1943 as Introduced B. Subcommittee Alternative Redline of Ordinance 1943 as Introduced C. Ordinance 1943 as Introduced D. Subcommittee Alternative Ordinance 1943 as Introduced ATTACHMENT A s 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: �� J Ordinance No. 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: � ro Ordinance No. 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 understate 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: Ordinance No. Page 4 "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. "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 09 Ordinance No. Page 5 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 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; t �w Ordinance No. Page 6 48-.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; 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; 20. Medical eannab:s GUItivatien facilities, subject to thefreperty ; 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: 1A Medaeal bis faGkI.iRg facility—and medical cannabis ��. wicaioai vviu iaow �i�ai v�avca�u� testing facility. T (Following uses renumbered accordingly) x Ordinance No. Page 7 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: 4. Cannabis lounge, subject to the property development standards contained in Section 93.23.15 of this Code; 5. Mzrlip-al eannahTs nultivatien {.,,lines, subjeGt t9 thePrePertya d I t ntanrdards nonta'nLmd 'n Conf'nn 93 23 15 of th'c Gede aR v cvc ropy r rc r rforarrvurvo—vvrrrmrrca�rrvcva�orr-v�cv. nomnllance with the provisions of Chapter 5 1F of this Ge r� 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: 4 f1�a pdi��.__-cannabis manufacturing facility and medinol nonnahis testing-facie its (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; Ordinance No. Page 8 10 Medical or adult-use cannabis manufacturing facility, subject to the development standards contained in Section 93.23.15 of this Code; 110. 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. A.AP_d_in.Al GannabiS ..l#ivation fadli#ies subjeGt to the pFopeFty . develepmen# # nrl rrl Gent er# #hicc Cnr#e Anrl , 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: 4. h4priinel nnnnghic. m.�n..F.�n4..rinn i__ili#v and merlie^I ^nnehic IYIG_.v.r• _�..••..�..r.r _rn_a .r.Y_tY... .' ...J testing ; (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; Ordinance No. Page 9 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; bjeGt to the PFOPeFty development 92 22 15 Af this Code and nempliepoe with the pmvisienn of Ghapter 5 2-5 eF thin cede• , 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: tenting fertility. 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: Ordinance No. Page 10 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: 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: 10. Me al nennehin nultiyatinn fenili}ies su bjeGt }n the nrnncrFy ; 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; . 5 1- Ordinance No. Page 11 (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. 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. OA the ''hip he'G 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 94.06.01.13. 1. Cannabis Lounge Facilities. Cannabis Lounge Facilities shall be subject to the followinq 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. ' i6 Ordinance No. Page 12 (f) From Medical or Adult Use Manufacturing Facilities, Testing Facilities, Cultivation Facilities, and Transportation and Distribution Facilities: No separation distance shall be required. (q) 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 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. (q) 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 1 + Ordinance No. Page 13 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. (q) 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. 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. (q) 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. 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. 3 Ordinance No. Page 14 (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. {fl From Medical or Adult Use Manufacturing Facilities Testing Facilities, Cultivation Facilities and Transportation and Distribution Facilities: No separation distance shall be required. (q) From Palm Canyon Drive: No separation distance shall be required. (h) From Residential Zones: No separation distance shall be required. 0) 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. (a) 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. Ordinance No. Page 15 SsMeel Use MCCMGD� M6B er AUD TF � Residential �� AUD PubliG Park {Industrial) � Canyon Zene Bfive say GarelGhild Care Youth-Center GL NIA NIA NIA NIA NIA NIA 2,59 �AA� NIA NIA 599'NIA NIA 249: 24 699' 4094 a 499' 1999"19901 NIA NIA L54 699 444 i000, 2999 NIA NIA NIA 699' NIA NIA MANIA NIA 259' 2W 64 NIA NIA NFANIA NIA 2�% 2W 64 NIA NIA MANIA NIA NIA 249i 44 NIA NIA MANIA NIA 2K 259' 64 List of Abbreviationsi ounge applicable 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 94.06.01.13. Ordinance No. 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-I or M-2 Zones. 2. Medical Cannabis Dispensaries and Adult Use Cannabis Dispensaries . dispensaries• vruPc-rr�vncT a. 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. lb. Arnhitec# rel Reyie-yi Medical Ganaahis and Adult Use Review by the DrI anniRg GGFRFRrtivoTien, n ary aant o and the Ar�eGt ra sent ry ee shall be tas Let# yf0th reviewing the exterior s#erefrent design with respect to the fellnu�'nn elements• 1\ Exterior color and materials of the c#erefrent� Exterler lightiRgi and 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. n Ordinance No. Page 17 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. 4. Cannabis Lounge Facilities. Cannabis Lounge Facilities shall be subject to the following requirements: a. 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. 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. cb. 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 Ordinance No. Page 18 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 The 9peFat9F permit patrons to bring their own personal cannabis or cannabis products to the Cannabis Lounge Facility. 4) Patmn6 shall not be alle;.ved- tn s;p" or nthPPAf01;L= dicstFiblute theiF Gannabis OF GanRabis pFedurt E)theF patFG„s. All cannabis or cannabis products purchased and opened at to 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 products that remain in originally sealed and unopened packaging. de. Smoking of Cannabis. The smoking of cannabis may be permitted at a Cannabis Lounge Facility, as may be allowable under state law. ed. Alcohol and Tobacco Products. The sale or consumption of alcohol or tobacco products is not allowed on the premises. fe. Minors. Access to the Cannabis Lounge Facility shall be restricted to persons twenty-one (21) years of age and older. gf. 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. Ordinance No. Page 19 hg. Odor Control. 1) The operator of each Cannabis Lounge Facility shall provide adequate air filtration so as to prevent any detectable odor from 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.hg 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 Ordinance No. Page 20 violation of this Subparagraph FA. g.. 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. 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 BY THE PALM SPRINGS CITY COUNCIL THIS DAY OF , 2017. ROBERT MOON MAYOR ATTEST: KATHLEEN D. HART, MMC INTERIM CITY CLERK Ordinance No. Page 21 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. is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN D. HART, MMC INTERIM CITY CLERK ATTACHMENT B 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. 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: 29 Ordinance No. 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 understate 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: � 0 J Ordinance No. Page 4 "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. "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 3 � Ordinance No. Page 5 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 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; Ordinance No. Page 6 4-9-.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; 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; 20. Medical Gannams Gultivatien faGic.ies sabjes# te the—poperty ; 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 11Aerlinnl nan nahic. manUFan{„jinn L.,nil iLv and FAPdOAR' nonn�hic testing faeility. (Following uses renumbered accordingly) 33 Ordinance No. Page 7 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: 4. Cannabis lounge, subject to the property development standards contained in Section 93.23.15 of this Code; 5 nol nonnoh' n 'W gRt'nn fnn'I'#' nrnner#v �. A�ed ,�,s s, est t e�T dd v elnnment stand ords nn n#o.0 nerl 'n Cen#inn 93.23.15 of this Ge de aR mmplianne with the nroyisiens of Ghon#er 5 25 of this Gode, _ 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: 4. RAnrd'nol normoh's mon For# Fo n'lifii onrl mnid'nol ro nnohs #ec#'n��ili (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; Ordinance No. Page 8 10 Medical or adult-use cannabis manufacturing facility, subject to the development standards contained in Section 93.23.15 of this Code; 119. 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. M d' al GannabiS GU!tivatian facilities, sabjeet to theproperty develGlament standards ntai d on Con+inn 93.23.1.5 Af this Cede and 7. Medical or adult-use cannabis transportation and distribution facility, subject to the development standards contained in Section 93.23.15 of this Code: 4-1-12. 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: 4. M di al GaRRabi maRufa t Finn fnn'I'ty and me`Inal Cannoh's testing faGilltyj (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; ,1 Ordinance No. Page 9 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; G. Medina; ARRRahir Quitivation far-ili+ien cDw bier# fn the r....Pe t nrnncrFY , 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 Gannabi manufaGWAAO faeili►y and medirnl Gann�hi� testing faGility. 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: ? s Ordinance No. Page 10 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: testing facility; T 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: development stand-ards Rtained in Sentinn 93 23 15 of this Code aPA , 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; eA Yy Ordinance No. Page 11 (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. 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 an the tale 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 .13. 1. Cannabis Lounge Facilities. Cannabis Lounge Facilities shall be subject to the following separation distance requirements: (a) From other Cannabis Lounge Facilities: A minimum 500-foot 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): A minimum 1000-foot 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): A minimum 2000-foot separation distance Ordinance No. Page 12 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. (q) From Palm Canyon Drive: No separation distance € Gm--P Ganyon shall be required. fer a Cannabis I Gunne FaGili+' minimum 250 fen} (h) From Residential Zones: No separation distance from residenti^I zG�shall be required. -+ 750 Fnn+ oennro}inn i}ic}Anne ch;; he required in all other oonec (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): A minimum 1000-foot 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 d6 t^^ne shall be-Feffu#e4, 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. (q) From Palm Canyon Drive: A minimum 250-foot separation distance shall be required. (h) From Residential Zones: 6h^II he req iced 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. 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. fl)} From Cannabis Lounge Facilities: Ne se^^r^ti^n dic+nnne shall he required-, A minimum 1000-foot separation distance shall be Ordinance No. Page 13 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: PNe� mstaRGe "hall be FegumFed A minimum 1000-foot separation distance shall be required (q) From Palm Canyon Drive: "hall be ro^klmrQd A minimum 2000-foot separation distance shall be required (h) From Residential Zones: n Minm„u.m. 25n�t-se^^F a:sta;, 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. 4. Medical or Adult Use Cannabis Dispensaries (Industrial Zones). ¢a) From other Medical Cannabis or Adult Use Cannabis Dispensaries (Industrial Zones): feeuiFe4, No separation distance shall be required. (b) From Cannabis Lounge Facilities: No separation distance shall be required. (c) From Medical Cannabis Cooperatives or Collectives: 500 foot separation d;s«Geshall be rued. No 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. (q) From Palm Canyon Drive: A minimum 250-foot separation distance shall be required. (h) From Residential Zones: shall be ed 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 40 Ordinance No. Page 14 600-foot separation distance shall be required. 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: regired- A minimum 2000-foot 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. (q) From Palm Canyon Drive: No separation distance shall be required. (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 separationdTista^^m shall be ^^ ^d A minimum 1000-foot separation distance shall be required (e) From Medical Cannabis or Adult Use Cannabis Dispensaries (Industrial Zones): No separation distance shall be required. (i) From Medical Cannabis or Adult Use Cannabis Dispensaries (Downtown/Uptown): No se rat'an dist°^^e s"^" be-required-, A minimum 2000-foot separation distance shall be required. (f) From Palm Canyon Drive: A minimum 250-foot separation distance shall be required. (q) From Residential Zones: �k .f Ordinance No. Page 15 shall h(; %4,i. No separation distance shall be required (h) 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. Ssheel MGB eF MF Pubks Flaygrewndd MGB AUD � 4n Pakn Residential Public Park Use #CGC LI f Cl= Z-ene Day�{Ghi►d alU9 upfowM TDF l�r►ve Care eutk Center G6 N/A NIA N/A NIA NIA N/A �99� MGGG W/A NIA N/A NIA 259' 250! 6a A0.G8er 9990� 994 400i NIA WA 254 AtG�er �99� 49991 244 N/A W/A WIA AUD W NIA N/A N/A N/A 2W 259: TF N/A N/A WA WA 2W 2W 609 Gl= NIA N/A WA NIA N/A 25(� 64 TB€ NA N/A N/A N/A 2W 25� 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 � n z ;� Ordinance No. Page 16 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 .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 Dispensarieys. The fnlln Minn ran ire me ntc shall onnly to P ispeRsaFies� a. 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. 31a. Architectural Review. VlediGal Cannabis and Adult Use GaRRabiG All Cannabis Lounge Facilities, shall be subject to architectural review by the Planning rnn 6nnCity Council upon a recommendation by the Architectural Advisory Committee. , 94.04.00(E)(2)(G)The Architectural Advisory Committee and City Council shall be +� n�aapply the criteria reflected 'i�in Section 94.04.00(D), with reorient to the fnlieWiRg ehmrQnto' 1) Exterior nnlnr onr) mote-rinlo of the storefront;2) Awnings (where nnnliGable)� T � 3) Proposed s'nnage, with revnent to nnnetnunt�ienr font-,4) Exterior lighting;r and i 43 Ordinance No. Page 17 43. 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 forthe 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. 54. Cannabis Lounge Facilities. Cannabis Lounge Facilities shall be subject to the following requirements: a. 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. Separate Premises. Cannabis Lounge Facilities shall be located on a separate parcel or within a tenant Ordinance No. Page 18 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. c13. 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 The operator peFmit—patrons to bring their own personal cannabis or cannabis products to the Cannabis Lounge Facility. other - . All All cannabis or cannabis products brought—purchased and opened at to 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 products that remain in originally sealed and unopened packaging. de. Smoking of Cannabis. The smoking of cannabis may be permitted at a Cannabis Lounge Facility, as may be allowable under state law. ed. Alcohol and Tobacco Products. The sale or Ordinance No. Page 19 consumption of alcohol or tobacco products is not allowed on the premises. fe. Minors. Access to the Cannabis Lounge Facility shall be restricted to persons twenty-one (21) years of age and older. qf. 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#r m 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.54.hg•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 Ordinance No. Page 20 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.54.hg. 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. 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. THIS SPACE INTENTIONALLY BLANK p ry lk Ordinance No. Page 21 PASSED. APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 29th DAY OF , NOVEMBER, 2017. ROBERT 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, 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 fegular-special meeting of the City Council held on November 29, 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN D. HART, MMC INTERIM CITY CLERK r ; ATTACHMENT C 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: 50 Ordinance No. 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: J � Ordinance No. 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. 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: VI itw Ordinance No. Page 4 "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. "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 r, 3 Ordinance No. Page 5 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 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; 54 Ordinance No. Page 6 4419. 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; 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; e20 Medmevai--eannabis e.,,lt iatinn fasilitiefi subjeGt to the nr erty ; 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 BAvetieal n.+nn.+hic m.+.�bif..e.tbi f.,e.ility andmeeJinol Gann Tom. testin y. (Following uses renumbered accordingly) ri � J Ordinance No. Page 7 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: 4. Cannabis lounge, subject to the property development standards contained in Section 93.23.15 of this Code; ; 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: teStinn fa Gilityj T (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; Ordinance No. Page 8 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; development stand. ads Gen+/Jinell in Cen4ien 93 23 15 of thug Qndp ;aR ; 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: te6tinq faeolity; (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; � r Ordinance No. Page 9 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; Nert to the property edeyelenmend ct—R.Rd—.-Fede• e.erRdnineed in Section 93 23 15 of this code and 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. Meedin.+l nennabis mannfa GWFiR0 fnnility and mee•lirol nennehic testing faGility. 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) r �V Ordinance No. Page 10 SECTION 18. PSZC Section 92.17.2.01(A) is hereby amended to read: �. Me1n^I ^^nn^hic� ^,-Hn r.�+ien f.�nili4ies, sklbjest t0 the ^ development stanch Fds ^entained in Se^4ien 93 23 16 of this Gede ^^a GOMPlianGe With the provisions Of GhapteF 5.25 of this Ge 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: Med-in-al Gannabis Fnan„faGtWiRg fe^ility and me'liA_al ^enno hio testing it , 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: development standaFds raentained in SeGtie-n 93.23.15 of this Code and 11) 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; li ,I Ordinance No. Page 11 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. 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. 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 94.06.01.13. 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. ro Ordinance No. Page 12 (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 from Palm Canyon Drive shall be required for a Cannabis Lounge Facility located 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 shall be required for a Cannabis Lounge Facility located 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 61 Ordinance No. Page 13 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. (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 Ordinance No. Page 14 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. (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. 63 Ordinance No. Page 15 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-I 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 94.06.01.13. 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-I 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: eQ Ordinance No. Page 16 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. 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: C5 Ordinance No. Page 17 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 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 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 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. es Ordinance No. Page 18 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 FA.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 FA.h. C7 Ordinance No. Page 19 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. 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 BY THE PALM SPRINGS CITY COUNCIL THIS 29th DAY OF NOVEMBER, 2017. ROBERT MOON MAYOR ATTEST: KATHLEEN D. HART, MMC INTERIM CITY CLERK Ordinance No. Page 20 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 special meeting of the City Council held on November 29, 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN D. HART, MMC INTERIM CITY CLERK e9 ATTACHMENT D ro 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: � 1 Ordinance No. 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: 72 Ordinance No. 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 understate 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: Ordinance No. Page 4 "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. "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 Ordinance No. Page 5 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 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; 75 Ordinance No. Page 6 4-9-.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; 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; 20. Med al GannabiS n"lW ORtien fanilities0 SUbjent to the PFOpeFty 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: testing Fnnility. icacm9-rvonrcT (Following uses renumbered accordingly) 76 Ordinance No. Page 7 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: 4. Cannabis lounge, subject to the property development standards contained in Section 93.23.15 of this Code; 6. MediGal ms nllltl\IRtIRn subjeGt to the PFOpeFty development stand-arils nentRinerl in Cention 04 94 19- of this Goda and gemnlianne with the PFOViSOORG of GhRaster 5 ` 9 of this tome• , 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: 4. 6Aeafinal nRnnabis manufacturing fRnility and rnpelinRl Rhos testing fRnllihr T (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; Y'"7 Ordinance No. Page 8 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. 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: 4. W-d-iGal n.�nn.�hi6 m_a AU faGtUFinn i__ility and merlinal Annn ��c......... ..............., ..................... .' ..-J t�stiF16J--fa614F�y; (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; Ordinance No. Page 9 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; development stanida Fds eentnined in Sentlon A-3 ` 3 15 of this Cade a4p' nemplianne with the pFevisiens of Ghapter 5.25 of this Qnde• 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: 2. A.Aled-ioel mis menufeotUFiRg facility and med-ioel r0a.Rnabis testing fanility. T 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) Ordinance No. Page 10 SECTION 18. PSZC Section 92.17.2.01(A) is hereby amended to read: 7. nG-1-1-8i5 roul}iyatinn innilities, 6UI�eGt to the PF PeFtY GompliaRG9 With the PFGVffi64Gn6 of GhapteF 6.35 of this Cede-. 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: :2. h4pdinal nnnnnhis maRufa Gtu Finn facility .end me-dinal nRnn�6ia testing fanility; T 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: #!1 Medina' n�.nn� WA n��ltivntinn fnnili}ins n��hi� 4n the nrnnerfir Tv. , subj development stand-arils nnn}n0nn'1 in QenHen 93 23 16 of this Code aP ; 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; � d Ordinance No. Page 11 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. 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, orwill 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 94.06.01.13. 1. Cannabis Lounge Facilities. Cannabis Lounge Facilities shall be subject to the following separation distance requirements: (a) From other Cannabis Lounge Facilities: A minimum 500-foot 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): A minimum 1000-foot separation distance shall be required. 81 Ordinance No. Page 12 (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): 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. (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 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): A minimum 1000-foot 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): 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: 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. 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: A minimum 1000-foot 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 82 Ordinance No. Page 13 (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: A minimum 1000-foot separation distance shall be required (g) From Palm Canyon Drive: A minimum 2000-foot separation distance shall be required (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. 4. Medical or Adult Use Cannabis Dispensaries (Industrial Zones). (a) From other Medical Cannabis or Adult Use Cannabis Dispensaries (Industrial Zones): No separation distance shall be required. (b) From 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):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: 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. 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: A minimum 2000-foot separation distance shall be required. (c) From Medical Cannabis Cooperatives or Collectives: A minimum L Ordinance No. Page 14 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. (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): A minimum 1000-foot separation distance shall be required (e) From Medical Cannabis or Adult Use Cannabis Dispensaries (Industrial Zones): No separation distance shall be required. (j) From Medical Cannabis or Adult Use Cannabis Dispensaries (Downtown/Uptown):A minimum 2000-foot separation distance shall be required. (f) From Palm Canyon Drive: A minimum 250-foot separation distance shall be required. (g) From Residential Zones: No separation distance shall be required (h) 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. 84 Ordinance No. Page 15 E. Parking Requirements. Except within the E-I 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.B. 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, 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 purpose of internal testing of cannabis products grown or produced at the facility. The internal testing facility shall be subject to the following requirements: Rj Ordinance No. Page 16 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-use cannabis and medical or adult-use cannabis products may be sold on the premises of a Cannabis Lounge, subject to the following: Ps Ordinance No. Page 17 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 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 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 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. P7 Ordinance No. Page 18 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.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. 8 Ordinance No. Page 19 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. 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 BY THE PALM SPRINGS CITY COUNCIL THIS 29th DAY OF NOVEMBER, 2017. ROBERT MOON MAYOR ATTEST: KATHLEEN D. HART, MMC INTERIM CITY CLERK � g Ordinance No. Page 20 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 special meeting of the City Council held on November 29, 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN D. HART, MMC INTERIM CITY CLERK go