HomeMy WebLinkAboutMC004 - PALM SPRINGS SAFE ACCESS OPERATIONAL COVENANT AGREEMENT 2016-0184957
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County of Riverside
City Clerk Peter Aldana
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OPERATIONAL COVENANT AGREEMENT Government Code 6103
This Operational Covenant Agreement ("Covenant Agreement') is made as of April 29,
2016 ("Effective Date")by and between the following entities, referred to herein as the Parties:
City of Palm Springs,a California charter city("City")
Mailing Address: Office of City Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Manager and City Attorney
Palm Springs Safe Access,a Non-profit Corporation("Operator")
Mailing Address: 1247 S.Gene Autry Trail
Palm Springs,CA 92264
Attention: President
RECITALS
A. Operator is a tenant under lease at an industrial/commercial building located at
1247 S. Gene Autry Trail, in City of Pahn Springs, County of Riverside, State of California,
more particularly described on Exhibit "A" attached hereto and incorporated herein by reference
("Premises").
B. The provisions of this Covenant Agreement shall not be construed to directly
affect, expand, reduce or limit the contractual duties, rights, and obligations which may exist by
and between the Operator and its landlord pursuant to the terms of any lease agreement or related
documents between the Operator and its landlord.
C. Operator applied for a permit to operate a medical cannabis collective or
cooperative ("MCCC") as provided under the laws of the City of Palm Springs and consistent
with the provisions of Section 93.23.15 of the Palm Springs Zoning Code (the 'Permit"),
including the cultivation of medical cannabis for the benefit of its qualified patient members.
The City Council approved the Permit subject to the Operator complying with all of the
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conditions of approval of the City Council of the City as described in Resolution No. 23659 and
approved by the City Council on September 17, 2014 (the "City Approvals"). Resolution No.
23659 and the Conditions of Approval are attached to this Covenant Agreement as Attachment
"B" ("Conditions of Approval") and are deemed a part of this Covenant Agreement.
D. Operator desires to develop the Premises into a MCCC in full compliance with
the Conditions of Approval (the"Project").
E. City and Operator intend that this Covenant Agreement shall be deemed evidence
of Operator's compliance with the provisions of the Conditions of Approval and Operator agrees
to fully comply with each and every Condition of Approval. The provisions of this Covenant
Agreement are intended to satisfy in part the obligations of Operator pursuant to the provisions
of Conditions ADM 5 and 6 of the Conditions of Approval. Notwithstanding any contrary term
or provision of this Covenant Agreement,under no circumstances shall this Covenant Agreement
be deemed an encumbrance, transfer, or assignment, of the Premises, Operator's leasehold
interest therein, or any other interest with respect to the foregoing; rather this Covenant
Agreement merely expressly states the application of the Conditions of Approval to the
Operator's leasehold interest in the Premises so long as Operator operates a MCCC at the
Premises, which Conditions of Approval would apply thereto in any event, without regard to
Operator's execution of this Covenant Agreement, or the recordation hereof.
DECLARATION OF CONDITIONS, COVENANTS,AND RESTRICTIONS
In consideration of the above Recitals and City's approval of the Permit to operate a
MCCC at the Premises, Operator hereby covenants and agrees that for the any period during
which a MCCC is operated at the Premises by Operator, such Premises shall be used, occupied,
developed, and maintained subject to the following obligations, all of which are for the purpose
of enhancing attractiveness, usefulness, value, and desirability of the Premises, the surrounding
property, and the public at large, and to minimize possible adverse effects on the public health,
safety,and welfare. Each of the obligations contained in this Covenant Agreement shall run with
the Operator's leasehold interest in the Premises and shall be binding on each successive tenant
of all or any portion of that interest, to the extent, and solely to the extent that, such successive
tenant desires to operate an MCCC at the Premises.
1. Proiect Description. The Project as approved is generally described in the application
materials on file in the Office of the City Clerk. The Project is being developed in phases with
an office and related facilities to be developed and occupied in the initial phase and the
cultivation to commence upon City's approval of occupancy of the first phase of the Project.
2. Reference Documents. The site shall be developed and maintained in accordance with
the plans approved by the Building Official, and site plans, architectural elevations, exterior
materials and colors, landscaping, and grading on file in the Planning Department except as
modified through the City's building permit process or by the approved Mitigation Measures and
conditions as provided in the City Approvals.
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3. Conform to all Codes and Regulations. The Operator shall conform to the conditions
contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal
Code, and any other City County, and State Codes, ordinances, resolutions and laws that may
apply, including but not limited to all provisions of Chapter 5.35 of the Pahn Springs Municipal
Code, the City's building codes and business license ordinances, the Revenue and Taxation
Code, and the Americans with Disabilities Act. The Operator shall fully comply with and meet
all operating criteria and applicable restrictions and mandates required pursuant to the
Compassionate Use Act of the State of California, all other state laws, the Attorney General
Guidelines, the provisions of Section 93.23.15 of the Palm Springs Zoning Code, the provisions
of Chapter 5.35 of the Palm Springs Municipal Code, and all specific, additional operating
procedures and measures imposed as conditions of approval of the Permit, and all requirements
set forth in this Covenant Agreement, in order to ensure that the operation of the MCCC is
consistent with the protection of the health, safety, and welfare of the community, qualified
patients, and primary caregivers,and will not adversely affect surrounding uses.
4. Continuing Application. The Operator shall annually provide to the City Manager an
updated application containing all of the information identified in Subsection A of Section
5.35.210 of the Palm Springs Municipal Code.
5. Maintenance and Repair. The Operator and the Operator's successors and assignees in
interest(who may operate a MCCC at the Premises) shall maintain and repair the improvements
on or within the Premises including and without limitation all structures, sidewalks, bikeways,
parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto private property, in
a first class condition, free from waste and debris, and in accordance with all applicable law,
rules, ordinances and regulations of all federal, state, and local bodies and agencies having
jurisdiction. All awnings shall be maintained and periodically cleaned. The provisions of this
paragraph shall not be construed to directly affect the contractual duties, rights, and obligations
which may exist by and between the Operator and its landlord regarding maintenance and repair
of the Premises as set forth in any lease agreement or related documents between the Operator
and its landlord.
6. Building Codes Compliance. Operator shall comply with Section 1I of Chapter 8.04
"Building Security Codes" of the Palm Springs Municipal Code, as amended from time to time.
Prior to commencement of any construction on-site, all appropriate permits must be secured. All
facilities and operations shall conform at all times to applicable California and Palm Springs
Building Codes including Accessibility Codes. All facilities and operations shall conform at all
times to applicable California and Palm Springs Fire Codes.
7. Outdoor Lighting Conformance. All lighting related to the Premises shall comply with
the exterior lighting plan approved by City. Down-lights shall be utilized for all lights mounted
on buildings. Exterior lighting plans, including a photometric site plan showing the Project's
conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning
Code, shall be submitted for approval by the Department of Planning. Manufacturer's cut sheets
of all exterior lighting on the building and in the landscaping shall be included. If lights are
proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is
permitted.
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8. Signage. No signs were approved in conjunction with the City Approvals. Separate
approval and permits shall be required for all signs in accordance with Palm Springs Zoning
Code Section 93.20.00. The Operator shall submit a sign program to the Department of Planning
Services prior to the issuance of building permits. Any approved signs shall be limited to the
name of business only, and no advertising of the goods and/or services shall be permitted.
9. Additional Development and Maintenance Requirements.
Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall be
screened per the requirements of Section 93.03.00 of the Zoning Code.
Exterior Alarms &Audio Systems. No sirens,outside paging or any type of signalization
will be permitted, except approved alarm systems.
Outside Storage Prohibited. No outside storage of any kind shall be permitted except as
approved as a part of the proposed plan.
No off-site Parking. Vehicles associated with the operation of the proposed development
including company vehicles or employees vehicles shall not be permitted to park off the
proposed building site unless a parking management plan has been approved.
Bicycle Parking. The Project shall be required to provide secure bicycle parking facilities
on site for use by residents and commercial/retail patrons and owners. Location and
design shall be approved by the Director of Planning.
No Sirens. No sirens, outside paging, or any type of signalization shall be installed on
the building or property on which the Premises is located other than City-approved alarm
systems.
10. Operational Requirements.
Hours of Operation Limited. The MCCC shall only be open between the hours of 9:00
a.m. and 7:00 p.m., or as may be otherwise authorized by the City Council.
Securi . Cannabis shall be kept in a secured manner during business and non-business
hours. Windows and/or entrances shall not be obstructed and must maintain a clear view
into the premises during business hours and in conformance with the Security Plan
Provisions of Section 5.35.300 of the Palm Springs Municipal Code. Security
Recordings made by the security cameras shall be made available to the City Manager
upon verbal request; no search warrant or subpoena shall be needed to view the recorded
materials.
Qualified Patients/Caregivers Only. Each member of the MCCC shall be a patient or a
qualified primary caregiver. The MCCC shall maintain patient records in a secure
location within the City of Palm Springs, available to the City Manager to review upon
demand. Such records shall include without limitation a copy of the physician's referral
and, if using a primary caregiver, a notarized written authorization from the patient to be
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represented by such primary caregiver. Physician's referrals of each member shall be
verified by the MCCC prior to inclusion of the member into the MCCC and at least every
six months thereafter.
Conditions for Food Consumption. If consumable Medical Cannabis products(including,
but not limited to, lollipops, brownies, cookies, ice cream, etc.) are present on site or
offered for distribution, then the Operator shall secure a County of Riverside Deparhnent
of Health Services approval for handling food products.
No Commercial Sale. No MCCC shall conduct or engage in the commercial sale of any
product, good,or service.
Sales Tax. Any MCCC must pay any applicable sales tax pursuant to federal, state, and
local law.
Prohibited Activities. On-site smoking, ingestion, or consumption of cannabis or alcohol
shall be prohibited on the premises of the MCCC. The term "premises" as used in this
Subsection includes the actual building, as well as any accessory structures and parking
areas over which Operator has control. The building entrance to a MCCC shall be clearly
and legibly posted with a notice indicating that smoking, ingesting, or consuming
marijuana on the premises or in the vicinity of the MCCC is prohibited.
Alcoholic beverages shall not be sold, stored, distributed, or consumed on the premises of
the MCCC. A MCCC shall not hold or maintain a license from the California
Department of Alcoholic Beverage Control to sell alcoholic beverages, or operate a
business that sells alcoholic beverages. In addition, alcoholic beverages shall not be
provided, stored,kept, located, sold, dispensed, or used on the premises of the MCCC.
Minors. No one under 18 years of age shall be a member of a MCCC without written
authorization of a parent or legal guardian.
Physician services shall not be provided on the premises of the MCCC. "Physician
services" does not include social services, including counseling, help with housing and
meals,hospice and other care referrals which may be provided on site.
No Distribution to non-members. The MCCC shall not distribute, sell, dispense, or
administer cannabis to anyone other than qualified patient members of the MCCC and
their primary caregivers.
Restricted Source of Medical Cannabis. A MCCC shall distribute only cannabis
cultivated on the premises or by a member of the MCCC or the member's primary
caregiver. The MCCC shall do an inventory on the first business day of each month and
shall record the total quantity of each form of cannabis on the premises. These records
shall be maintained for two(2)years from the date created.
Provision of Records and Contacts. A MCCC shall provide the City Manager with the
name, phone number, facsimile number, and email address of an on-site community
relations or staff person or other representative to whom one can provide notice if there
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are operating problems associated with the MCCC. The MCCC shall make every good
faith effort to encourage residents to call this person to try to solve operating problems, if
any,before any calls or complaints are made to the police or planning departments.
Cause No Disturbance. The Operator shall monitor outdoor parking areas, walkways,
and adjoining properties and shall take all necessary measures to ensure that customers
do not loiter, create noise, litter, or cause any disturbances while on-site. The Operator
shall ensure that at closing time, all customers leave the Premises promptly and that the
Premises are clean and secure before the Operator leaves the premises. The Police Chief,
based upon complaints and/or other cause,may require on-site security officers to ensure
compliance with all City, State, and Federal laws and conditions of approval. Failure to
comply with these conditions may result in revocation of this Permit, temporary business
closure or criminal prosecution.
Comply with City Noise Ordinance. This use shall comply with the provisions of Section
11.74 Noise Ordinance of the Palm Springs Municipal Code.
11. City Access. The City Manager of the City or the City Manager's designee shall have the
right to enter the MCCC from time to time unannounced for the purpose of making reasonable
inspections to observe and enforce compliance with Chapter 5.35 of the Palm Springs Municipal
Code and all other laws of the City of Palm Springs and the State of California.
12. Revocation of Permit. Operation of the MCCC in non-compliance with any Conditions
of Approval or standards of this Covenant Agreement shall constitute a violation of the
Municipal Code and shall be enforced pursuant to the provisions of this Code. Non-compliance
with any of the Conditions of Approval, the provisions of this Covenant Agreement, any City
codes and ordinances, State laws; or the occurrence of any valid citizen complaints or policing
and safety problems (not limited to alcohol consumption, noise, disturbances, signs, etc)
regarding the operation of the establishment; as determined by the Chief of Police or the Director
of Building and Safety, may result in proceedings to revoke the Permit. In addition, violations of
the City Codes and Ordinances will result in enforcement actions which may include citations,
arrest, temporary business closure, or revocation of this Permit in accordance with law. In
addition thereto, the City Manager may revoke the Permit if any of the following, singularly or in
combination,occur:
a. The City Manager determines that the MCCC has failed to comply with this
Section, any condition or approval, or any agreement or covenant as required
pursuant to this Section;or
b. Operations cease for more than 90 calendar days, including during change of
ownership proceedings; or
1. Ownership is changed without securing a regulatory permit; or
2. The MCCC fails to maintain 240 hours of security recordings;or
3. The MCCC fails to allow inspection of the security recordings, the activity
logs,or of the premise by authorized City officials.
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13. Indemnification: Operator agrees to protect, defend, and hold harmless City and
its officials, officers, employees, contractors, attorneys, and agents to the maximum extent
permitted under law from any and all claims, liabilities, losses, expenses, or damages of any
nature, including attorneys' fees and costs, City may or does incur, arising out of or in any way
related to Operator's performance of its obligations under this Covenant Agreement, but
excluding any loss resulting solely from the intentional or active negligence of City or its
officials, officers, employees, contractors, attorneys, and agents. The Operator shall defend,
indemnify, and hold harmless the City of Palm Springs, its officials, officers, employees,
contractors, attorneys, and agents from any claim, action, or proceeding against the City of Palm
Springs or its officials, officers, employees, contractors, attorneys,and agents to attack, set aside,
void, or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies,
or administrative officers concerning City Approvals. The City of Pahn Springs will promptly
notify the Operator of any such claim, action, or proceeding against the City of Palm Springs and
the Operator shall select and retain counsel reasonably acceptable to City to defend any action or
actions, and Operator shall pay the cost thereof, or will advance fonds to pay for defense of the
matter by the City Attorney.
14. Attorneys' Fees: Should any action be brought arising out of this Covenant Agreement
including, without limitation, any action for declaratory or injunctive relief, the prevailing party
shall be entitled to reasonable attorneys' fees and costs and expenses of investigation incurred,
including those incurred in appellate proceedings or in any action or participation in, or in
connection with, any case or proceeding under Chapter 7, 11 or 13 of the Bankruptcy Code or
any successor statutes, and any judgment or decree rendered in any such actions or proceedings
shall include an award thereof.
15. Recordation: This Covenant Agreement shall be recorded and Operator shall provide a
copy of the recorded Covenant Agreement to City.
16. City Remedies: Any remedy described in this Covenant Agreement shall not he deemed
or considered in any way to be the exclusive remedy available to City to enforce the provisions
of this Covenant Agreement. The City may resort to any remedy available under law to enforce
the provisions of this Covenant Agreement including the initiation and prosecution of an action
for specific performance, including the recovery of any costs, fees, or charges of any kind
including attorney's fees that City may incur in the enforcement of this Covenant Agreement.
17. Amendment or Termination: This Covenant Agreement and the Conditions, Covenants
and Restrictions herein shall not be amended in any manner or terminated without the prior
written approval of City or without the recordation of any such approval by City.
18. Covenant Running With the Leasehold Interest of Operator: The terms and conditions of
this Covenant Agreement and the Conditions, Covenants and Restrictions herein shall constitute
a covenant running with and binding the leasehold interest of Operator in the Premises.
Accordingly, the Operator's leasehold interest in the Premises, to the extent that such interest is
used for the operation of a MCCC, shall hereafter be used, occupied and improved subject to the
aforementioned conditions, all of which shall run with the Operator's leasehold interest in the
Premises, and shall be binding on all parties having any right, title or interest claimed under the
rights of the Operator therein, or in any part thereof, their heirs, successors and assigns (which,
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for purposes of this Section 18, shall each be referred to individually as an "Operator"). Nothing
herein shall be deemed consent by the City of any transfer, sale, or conveyance of any kind of
any interest in the Premises by the Operator to any person or entity.
19. City Enforcement: The conditions of this Covenant Agreement are intended to benefit
the public and public properties. Accordingly, it is agreed City of Palm Springs shall have the
right to enforce this Covenant Agreement by any legal or equitable means against Operator or
any person in actual possession of the Operator's leasehold interest in the Premises operating a
MCCC who directly or through any agent violates the terms hereof. All obligations of Operator
under this Covenant Agreement shall inure solely to the benefit of City and there are no third
party beneficiaries of said obligations.
20. Waiver: Failure by a party to insist upon the strict performance of any of the provisions
of this Agreement by the other parry, or the failure by a party to exercise its rights upon the
default of the other party, shall not constitute a waiver of such parry's right to insist and demand
strict compliance by the other party with the terms of this Covenant Agreement thereafter.
21. Severability: The provisions of this Covenant Agreement shall be deemed independent
and severable and the invalidity or partial invalidity or unenforceability of any one provision or
portion thereof shall not affect the validity or enforceability of any other provision.
22. Counterparts: This Covenant Agreement may be executed in counterparts, each of which
so executed shall, irrespective of the date of its execution and delivery, be deemed an original,
and all such counterparts together shall constitute one and the same instrument.
23. Authority of Simatories to Agreement: Each person executing this Covenant Agreement
represents and warrants that he or she is duly authorized and has the legal capacity to execute
and deliver this Agreement on behalf of the parties for which execution is made. Each party
represents and warrants to the other that the execution of this Covenant Agreement and the
performance of such party's obligations hereunder have been duly authorized and that this
Covenant Agreement is a valid and legal agreement binding on such party and enforceable in
accordance with its terms.
SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have executed this Operational Covenant
Agreement as of the Effective Date.
OPERATOR/TENANT
Palm Springs Safe Access,Inc.,a California
Non-Profit Corporation
By:
Robert L. V esident
ACCEPTED BY:
City of Palm Springs,a California charter city
By:
David H. Ready
City Manager
APPROVED AS TO FORM:
f
By:
Dougl s C. Holland
City Attorney
Page 9 of 9
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) ss.
City of Palm Springs )
On May 3, 2015, before me, JAMES THOMPSON, CITY CLERK, CITY OF
PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I
personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name
is subscribed to the within instrument and acknowledged to me that he executed the
same in his official and authorized capacity on behalf of the City of Palm Springs, a
California Charter City.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
Witness my hand and the official seal of the City of Palm Springs, California, this
5th day of May, 2015.
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ES THOMPSON, CITY CLERK
ity of Palm Springs, California
Title or Type of Document
OPERATIONAL COVENANT AGREEMENT
Palm Springs Safe Access
MC004
ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not the
truthfulness,accuracy, or validity of that
document.
State of California
County of ye✓S i
On IQ.or �; 2�'� Zu 1(9 before me, �iq Vi/I- { j y y Qwi,Iic (here insert
Ad
name d title of officer), personally appeared (���f L• i/«� (z ao
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
MYRTA IA.APONTE
WITNESS m hand and official seal. eoMM's -Cal' o
3' s Notary Public-California
Riverside Count
�j Carom.Erpm AAey 12,2019
Signature — - (Seal)
EXHIBIT "A"
Premises Description
The Leasehold Interest created under that certain AIR Commercial Real Estate Association
Standard Industrial/Commercial Single—Tenant Lease—Gross (the"Lease"), dated February
21, 2014, for reference purposes,for the premises located at 1247 S. Gene Autry, Palm Springs,
California consisting of approximately 8,000 square feet(the"Premises")
EXHIBIT "B"
Resolution No. 23659 and Conditions of Approval
RESOLUTION NO. 23659
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AWARDING A MEDICAL
CANNABIS COOPERATIVE/COLLECTIVE PERMIT TO
PALM SPRINGS SAFE ACCESS OPERATED BY ROBERT
VAN ROO, LOCATED AT 1247 S. GENE AUTRY TRAIL.
The City Council of the City of Palm Springs finds:
A. On March 5, 2014, Ordinance 1845 went into effect. This Ordinance increased
the number of permits available in the City for Medical Cannabis
Cooperatives/Collectives uses, revised the procedures for the application,
administration, and permitting of Medical Cannabis Cooperative/Collectives in the City,
revised the operational regulations for such uses, and moved the operational and
permitting requirements and regulations from City s Zoning Code to Chapter 5.35 of the
City's Municipal Code while retaining the traditional zoning and land use regulations
within the City's Zoning Code, including locational requirements.
B. Between June 16, 2014 and July 16, 2014, the City received eight applications
for the award of one available permit to operate a Medical Cannabis
Cooperative/Collective within the City.
C. The City Manager has overseen the evaluation of each of the eight applications
in accordance with the provisions of Ordinance 1845.
D. Palm Springs Safe Access (the "Applicant") is a Medical Cannabis
Cooperative/Collective that filed an application pursuant to Chapter 5.35
"Comprehensive Medical Cannabis Regulatory Program" of the Palm Springs Municipal
Code for a permit to operate a Medical Cannabis Cooperative/Collective at 1247 S.
Gene Autry Trail, which application was received during the submittal period noted
above and evaluated by the City.
E. Notices of public hearing of the City Council of the City of Palm Springs to
consider the Medical Cannabis Cooperatives/Collective applications, including the
application of Applicant, were given in accordance with applicable taw.
F. On September 3, 2014, a public hearing on the applications for Medical
Cannabis Cooperative/Collectives, including the application submitted by Applicant, was
held by the City Council in accordance with applicable law.
G. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the meeting on the project, including but not limited to the
staff report and all written and oral testimony presented.
CERTIFIED COPY
I certify that this is a true and correct copy of the docut ient
on file in the official records of the City of Palm Springs.
CI lief Depuiy City Clerk
This certification must appear in blue with an original
signature.
Resolution No. 23659
Page 2
H. The City Council further finds that the City Council established and thereafter
amended the Comprehensive Regulatory Program for Medical Cannabis Cooperatives
and Collectives, which exists as part of the Municipal Code and is intended to ensure
the health, safety, and welfare of the residents of the City by enacting a limitation on the
establishment of medical cannabis cooperatives/collectives within the City, and to
provide additional locational restrictions for such establishments. The City Council
therefore finds that the Medical Cannabis Cooperatives/Collectives allowed under the
Palm Springs Municipal Code Chapter 5.35 and the locational requirements provided for
in Section 93.23.15 of the Zoning Code will promote the public health and safety by
reducing the potential for the types of secondary negative effects caused by Medical
Cannabis Cooperatives/Collectives experienced in other communities.
The City Council of the City of Palm Springs resolves:
SECTION 1. Pursuant to the California Environmental Quality Act ("CEQA")
guidelines, the application has been determined to be a Project under the definition of
CEQA. The case has been evaluated and staff has made a determination that the
application is "Categorically Exempt" from further analysis under CEQA in accordance
with CEQA Section 15303 (New Construction or Conversion of Small Structures).
SECTION 2. The obligations of the Medical Cannabis Cooperative/Collective
receiving a permit, including all on-going and continuing obligations required pursuant to
any provision of Chapter 5.35 of the Municipal Code as well as any conditional approval
shall be set forth in a covenant running with the land or the leasehold interest, approved
as to form by the City Attorney and enforceable by the City. Such covenant shall also
provide that the cooperative or collective shall annually provide to the City Manager an
updated application containing the information contained in Section 5.35.200 of the
Municipal Code.
SECTION 3. City Council approves the application of "Palm Springs Safe
Access", and approves the issuance of a regulatory permit to Palm Springs Safe Access
pursuant to Palm Springs Municipal Code Chapter 5.35 to operate a Medical Cannabis
Cooperative/Collective at 1247 S. Gene Autry Trail. These actions are subject to the
conditions contained in Exhibit A attached to this Resolution.
ADOPTED, THIS 17TH DAY OF SEPTEMBER, 2014.
4
David H. Ready, Oplitagiger
ATTEST:
mes Thompson, City Clerk
Resolution No. 23659
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 23659 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on September 17, 2014, by the
following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor
Pro Tern Hutcheson and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk J6�rojre r�4
ity of Palm Springs, California
Resolution No. 23659
Page 4
EXHIBIT A
Palm Springs Safe Access
1247 S Gene Autry Trail, Palm Springs, CA 92264
September 17, 2014
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Manager, City Engineer, the Director of Planning Services, the
Director of Building and Safety, the Chief of Police, the Fire Chief or their designee,
depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case (MC
09-003); except as modified with the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans on file in the Office the City Clerk,
Director of Planning Services, and the Director of Building and Safety,
including without limitation site plans, architectural elevations, exterior
materials and colors, landscaping, and security systems except as modified
by the conditions below.
ADM 3. Conform to all Codes and Regulations. The applicant shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply, including
without limitation all provisions of Chapters 3.36 and 5.35 and Section
93.23.15 of the Palm Springs Municipal Code.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
Resolution No. 23659
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or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case MC 09-003. The City of Palm Springs will promptly
notify the applicant of any such claim, action, or proceeding against the City
of Palm Springs and the applicant will either undertake defense of the matter
and pay the City's associated legal costs or will advance funds to pay for
defense of the matter by the City Attorney. If the City of Palm Springs fails to
promptly notify the applicant of any such claim, action or proceeding or fails to
cooperate fully in the defense, the applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon
the matter without the applicant's consent but should it do so, the City shall
waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. Covenant. The obligations of the Medical Cannabis Cooperative or
Collective, including all on-going and continuing obligations required pursuant
to any provision of Chapter 5.35 of the Palm Springs Municipal Code or as
may be provided in any conditional approval of the City Manager or the City
Council, shall be set forth in a covenant running with the land or the leasehold
interest, approved as to form by the City Attorney, and enforceable by the
City_ Such covenant shall also provide that the cooperative or collective shall
annually provide to the City Manager an updated application containing the
information required under Chapter 5.35 of the Palm Springs Municipal
Code. To the fullest extent permitted by law, the City shall not assume any
liability whatsoever, and expressly does not waive sovereign immunity, with
respect to medical cannabis, or for the activities of any Medical Cannabis
Cooperative or Collective. Upon receiving possession of a regulatory permit
as provided in this Section, the collective or cooperative shall
a. Execute an agreement indemnifying the City;
b. Carry insurance in the amounts and of the types that are acceptable
to the City Manager,
C. Name the City as an additionally insured.
d. Agree to defend at its sole expense, any action against the City, its
agents, officers, and employees because of the issues of such
approval.
e. Agree to reimburse the City for any court costs and attorney fees that
the City may be required to pay as a result of such action. The City
may, at its sole discretion, participate at its own expense in the
defense of any such action, but such participation shall not relieve
the operator of its obligation hereunder.
ADM 7. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
Resolution No.23659
Page 6
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 9. Cause No Disturbance. The owner shall monitor outdoor parking areas,
walkways, and adjoining properties and shall take all necessary measures to
ensure that customers do not loiter, create noise, litter, or cause any
disturbances while on-site. The owner and operator shall ensure that at
closing time, all customers leave the property promptly and that the property
is clean and secure before the owner/operator leaves the premises. The
Police Chief, based upon complaints and/or other cause, may require on-site
security officers to ensure compliance with all City, State, and Federal laws
and conditions of approval. Failure to comply with these conditions may
result in revocation of this permit, temporary business closure or criminal
prosecution.
ADM 10. Grounds for Revocation. Non-compliance with any of the conditions of this
approval or with City codes and ordinances, State laws; any valid citizen
complaints or policing and safety problems (not limited to alcohol
consumption, noise, disturbances, signs, etc) regarding the operation of the
establishment; as determined by the Chief of Policy or the Director of Building
and Safety, may result in proceedings to revoke the Permit. In addition,
violations of the City Codes and Ordinances will result in enforcement actions
which may include citations, arrest, temporary business closure, or revocation
of this permit in accordance with law.
ADM 11. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 12. Comply with all laws. The cooperative or collective shall comply fully with all
of the applicable restrictions and mandates set forth in state law, including
without limitation the Attorney General Guidelines.
ADM 13. Hours of Operation Limited. The cooperative shall only be open between the
hours of 9:00 a.m. and 7:00 p.m.
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ADM 14. Physician's referrals shall be verified by the cooperative prior to inclusion into
the cooperative and at least every six months thereafter.
ADM 15. Qualified Patients/Caregivers Only. Each member of the cooperative or
collective shall be a patient or a qualified primary caregiver. The cooperative
shall maintain patient records in a secure location within the City of Palm
Springs, available to the City Manager to review upon demand. Such records
shall include without limitation a copy of the physician's referral and, if using a
primary caregiver, a notarized written authorization from the patient to be
represented by such primary caregiver.
ADM 16. Securi . Cannabis shall be kept in a secured manner during business and
non-business hours.
ADM 17. Conditions for Food Consumption. If consumable Medical Cannabis products
(including, but not limited to, lollipops, brownies, cookies, ice cream, etc.) are
present on site or offered for distribution, then the applicant shall secure a
County of Riverside Department of Health Services approval for handling food
products.
ADM 18. Sales Tax. Any Medical Cannabis Cooperative or Collective must pay any
applicable sales tax pursuant to federal, state, and local law.
ADM 19. Prohibited Activities. On-site smoking, ingestion, or consumption of cannabis
or alcohol shall be prohibited on the premises of the cooperative or
collective. The term "premises" as used in this Subsection includes the actual
building, as well as any accessory structures and parking areas. The building
entrance to a cooperative or collective shall be clearly and legibly posted with
a notice indicating that smoking, ingesting, or consuming marijuana on the
premises or in the vicinity of the cooperative or collective is prohibited.
ADM 20. Sionaae for the cooperative shall be limited to name of business only, and no
advertising of the goods and/or services shall be permitted.
ADM 21. Alcoholic beverages shall not be sold, stored, distributed, or consumed on the
premises. A cooperative or collective shall not hold or maintain a license from
the State Department of Alcohol Beverage Control to sell alcoholic
beverages, or operate a business that sells alcoholic beverages. In addition,
alcohol shall not be provided, stored, kept, located, sold, dispensed, or used
on the premises of the cooperative or collective.
ADM 22. Windows and/or entrances shall not be obstructed and must maintain a clear
view into the premises during business hours and in conformance with the
Security Plan Provisions of Chapter 5.35 of the Palm Springs Zoning Code.
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ADM 23. Minors. No one under 18 years of age shall be a member of a cooperative or
a collective without written authorization of a parent or legal guardian.
ADM 24. Physician services shall not be provided on the premises. "Physician
services" does not include social services, including counseling, help with
housing and meals, hospice and other care referrals which may be provided
on site.
ADM 25. The building in which the cooperative or collective is located as well as the
operations as conducted therein shall fully comply with all applicable rules,
regulations, and laws including, but not limited to, zoning and building codes,
the City's business license ordinances, the Revenue and Taxation Code, the
Americans with Disabilities Act, and the Compassionate Use Act.
ADM 26. No Distribution to non-members. The cooperative or collective shall not
distribute, sell, dispense, or administer cannabis to anyone other than
qualified patient members of the cooperative or collective and their primary
caregivers.
ADM 27. Restricted Source of Medical Cannabis. A Medical Marijuana Cooperative or
Collective shall distribute only cannabis cultivated on the premises or by a
member of the cooperative or collective or the member's primary
caregiver. The cooperative or collective shall do an inventory on the first
business day of each month and shall record the total quantity of each form of
cannabis on the premises. These records shall be maintained for two (2)
years from the date created.
ADM 28. Provision of Records and Contacts. Provide the City Manager with the name,
phone number, facsimile number, and email address of an on-site community
relations or staff person or other representative to whom one can provide
notice if there are operating problems associated with the Cooperative. The
Cooperative shall make every good faith effort to encourage residents to call
this person to try to solve operating problems, if any, before any calls or
complaints are made to the police or planning departments.
ADM 29. Fully cwmoly with and meet all operating criteria required pursuant to the
Compassionate Use Act, state law, the Attorney General Guidelines, the
provisions of this Section, and any specific, additional operating procedures
and measures as may be imposed as conditions of approval of the regulatory
permit, and all requirements set forth in the covenant as described in
Subsection C of Section 5.35.210 of the Palm Springs Municipal Code, in
order to ensure that the operation of the cooperative or collective is consistent
with the protection of the health, safety, and welfare of the community,
qualified patients, and primary caregivers, and will not adversely affect
surrounding uses.
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ADM 30. Security Recordings.. Recordings made by the security cameras shall be
made available to the City Manager upon verbal request; no search warrant
or subpoena shall be needed to view the recorded materials.
ADM 31. City Access The City Manager shall have the right to enter the Medical
Cannabis Cooperative or Collective from time to time unannounced for the
purpose of making reasonable inspections to observe and enforce
compliance with this Section and all laws of the City and State of California.
ADM 32. Operation of the cooperative or collective in non-compliance with any
conditions of approval or standards of this Section shall constitute a violation
of the Municipal Code and shall be enforced pursuant to the provisions of this
Code.
ADM 33. Revocation of Regulatory Permit. The City Manager may revoke a medical
marijuana regulatory permit if any of the following, singularly or in
combination, occur.
a. The City Manager determines that the cooperative or collective has failed
to comply with this Section, any condition or approval, or any agreement
or covenant as required pursuant to this Section; or
b. Operations cease for more than 90 calendar days, including during
change of ownership proceedings; or
1. Ownership is changed without securing a regulatory permit; or
2. The cooperative or collective fails to maintain 120 hours of security
recordings; or
3. The cooperative or collective fails to allow inspection of the security
recordings, the activity logs, or of the premise by authorized City
officials.
ADM 34.
By-laws. The Police Department and the City Attorney's Office are concerned
that cannabis cooperatives can be operated illegally or as fronts for other
criminal activity. The regulatory approach that the City has taken in the
development and administration of the current zoning program helps address
some of those concerns. Providing for heightened membership involvement
in the operation of the collective or cooperative will also help ensure that each
collective or cooperative is operating for the sole purpose of providing safe
medicine at a reasonable cost to the member patients and their caregivers.
Thus, the inclusion of the following provisions to the bylaws of the Applicant is
required. A full copy of the Applicant organization by-laws shall be submitted
to the City Attorney in a Microsoft Word Document (.doc)format incorporating
the following aspects into the by-laws to the satisfaction of the City Attorney:
1. Members shall elect all Directors.
2. Compensation of Directors shall be approved by the membership.
3. Compensation of Officers shall be approved by the Directors.
4. The annual budget of the corporation and any amendment to the
budget that results in increases in expenditures above any amount
budgeted shall be approved by the membership.
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5. No minimum attendance for membership meetings shall be required,
any action requiring membership approval or action shall by approved
by a majority or super-majority of the votes cast, as provided in the
bylaws, so long as at least 50% of the membership participate in the
vote. All members shall be provided the opportunity to participate in
any vote, either by attendance at a meeting, by mail, or any other
reasonable, objective, and fair method designed to encourage
independent membership participation.
6. All membership meetings and all Board of Director meetings shall be
held in Palm Springs
7. Any amendment of the bylaws shall be approved by the membership.
8. All records of the corporation shall be available for inspection by the
membership.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) required. This project is exempt
from CVMSHCP LDMF fees.
ENV 2. California Fish & Game Fees Reguired. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfct.Ga.gov for more information.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Chapter 5.35 of
the Palm Springs Zoning ordinance, shall be submitted for approval by the
Department of Planning. Manufacturer's cut sheets of all exterior lighting on
the building and in the landscaping shall be included. if lights are proposed to
be mounted on buildings, down-lights shall be utilized. No lighting of hillsides
is permitted.
PLN 2. Sign Applications Reguired. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance wtth
Chapter 5.35 of the Palm Springs Municipal Code. The applicant shall submit
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Page 11
a sign program to the Department of Planning Services prior to the issuance
of building permits.
PLN 3. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 4. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 5. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 6. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 7. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 8. Bicycle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by residents and commercial/retail patrons
and owners. Location and design shall be approved by the Director of
Planning.
POLICE DEPARTMENT CONDITIONS
POL 1. Applicant shall comply with Section II of Chapter 8.04 "Building Security
Codes"of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
BLD 2. All facilities and operations shall conform at all times to applicable California
and Palm Springs Building Codes including Accessibility Codes.
ENGINEERING DEPARTMENT CONDITIONS
(none)
FIRE DEPARTMENT CONDITIONS
FIR 1. All facilities and operations shall conform at all times to applicable California
and Palm Springs Fire Codes.
END OF CONDITIONS