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HomeMy WebLinkAbout10/18/2017 - STAFF REPORTS - 2.B. �OQ 7 A`M sA4 iy U c+ u u+ *+ rycO+•oeateo 1°r °+ CITY COUNCIL STAFF REPORT Cq4IFoBN�p DATE: October 18, 2017 PUBLIC HEARING SUBJECT: PROPOSED ORDINANCE TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO REQUIREMENTS FOR ADULT-USE CANNABIS FACILITIES AND MEDICAL CANNABIS FACILITIES (CASE 5.1218-F ZTA). FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY This is a request to amend the Palm Springs Zoning Code (PSZC) to establish zoning requirements for Adult-Use Cannabis Facilities and to make minor modifications to the requirements for Medical Cannabis Facilities. The ordinance proposes the following: • Establish zoning districts where Adult-Use Cannabis Facilities may be located; • Institute limits for the number of dispensaries permissible in the City of Palm Springs, as well as maintaining the separation distance requirement between individual dispensaries; • Require Conditional Use Permit approval for all dispensary uses; • Require Conditional Use Permit approval for all cultivation, manufacturing, and testing uses; • Institute separation distance requirements for cultivation uses; and • Require architectural review of storefronts and signage for all Medical Cannabis Dispensaries and Adult Use Cannabis Dispensaries. RECOMMENDATION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. , "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 91, CHAPTER 92 AND CHAPTER 93 OF THE PALM SPRINGS ZONING CODE RELATING TO ZONING REQUIREMENTS AND DEVELOPMENT STANDARDS FOR ADULT- USE CANNABIS FACILITIES AND MEDICAL CANNABIS FACILITIES. 117MM NO.�, 0 ',_ City Council Staff Report October 18, 2017-- Page 2 Case No. 5.1218-F ZTA BACKGROUND INFORMATION: Related Relevant City Actions The City Council adopted Ordinance No. 1758, which established 03/04/09 zoning requirements for Medical Cannabis Cooperatives and Collectives. 02/03/10 The City Council adopted Ordinance No. 1766, modifying zoning requirements for Medical Cannabis Cooperatives and Collectives. The City Council adopted Ordinance No. 1845, revising the permitting 03/05/14 requirements for Medical Cannabis Cooperatives and Collectives, and increasing the number of permitted facilities. The City Council adopted Ordinance No. 1876, establishing locational 05/20/15 standards for Medical Cannabis Cultivation Facilities and expanding the zoning districts where Medical Cannabis Cooperatives and Collectives are permitted. The City Council adopted Ordinance No. 1908, establishing zoning 12/14/16 requirements for Medical Cannabis Dispensaries, Medical Cannabis Manufacturing Facilities, Medical Cannabis Testing Facilities, and allowing certain medical cannabis uses in the E-I zone 03/01/17 The City Council adopted Ordinance No. 1916, establishing separation distance requirements between Medical Cannabis Dispensaries. The City Council adopted Ordinance No. 1933, amending the 07/26/17 Municipal Code to add permitting requirements for Adult Use Cannabis-related businesses and making minor modifications to the requirements for Medical Cannabis businesses. The Planning Commission reviewed a proposed draft of the ordinance 10/11/17 at a public hearing and recommended approval to the City Council, subject to revisions of the draft proposal. On June 27, 2017, Governor Brown signed into law the Medical and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") which consisted of legislation (SB94) intended to provide a comprehensive regulatory framework for the licensing, control, and taxation of medical and adult-use cannabis related businesses in California. MAUCRSA expressly protects a City's local licensing practices and zoning authority, and allows local governments to enact ordinances relative to allowing or prohibiting cannabis-related businesses and activities. The act also requires compliance with any and all local requirements for cannabis-related operations as a condition of state licensure. In response to the adoption of MAUCRSA, the City Council adopted Ordinance No. 1933 on July 26, 2017, which made amendments to Chapter 5.45 of the Palm Springs Municipal Code (PSMC) relative to Medical Cannabis-related business activities, and established Chapter 5.55 for the regulation of Adult Use Cannabis Facilities. With the adoption of City Council Staff Report October 18, 2017 -- Page 2 Case No. 5.1218-F ZTA BACKGROUND INFORMATION: Related Relevant City Actions The City Council adopted Ordinance No. 1758, which established 03/04109 zoning requirements for Medical Cannabis Cooperatives and Collectives. 02/03/10 The City Council adopted Ordinance No. 1766, modifying zoning requirements for Medical Cannabis Cooperatives and Collectives. The City Council adopted Ordinance No. 1845, revising the permitting 03/05/14 requirements for Medical Cannabis Cooperatives and Collectives, and increasing the number of permitted facilities. The City Council adopted Ordinance No. 1876, establishing locational 05/20/15 standards for Medical Cannabis Cultivation Facilities and expanding the zoning districts where Medical Cannabis Cooperatives and Collectives are permitted. The City Council adopted Ordinance No. 1908, establishing zoning 12/14/16 requirements for Medical Cannabis Dispensaries, Medical Cannabis Manufacturing Facilities, Medical Cannabis Testing Facilities, and allowing certain medical cannabis uses in the E-1 zone 03/01/17 The City Council adopted Ordinance No. 1916, establishing separation distance requirements between Medical Cannabis Dispensaries. The City Council adopted Ordinance No. 1933, amending the 07/26/17 Municipal Code to add permitting requirements for Adult Use Cannabis-related businesses and making minor modifications to the requirements for Medical Cannabis businesses. The Planning Commission reviewed a proposed draft of the ordinance 10/11/17 at a public hearing and recommended approval to the City Council, subject to revisions of the draft proposal. On June 27, 2017, Governor Brown signed into law the Medical and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") which consisted of legislation (SB94) intended to provide a comprehensive regulatory framework for the licensing, control, and taxation of medical and adult-use cannabis related businesses in California. MAUCRSA expressly protects a City's local licensing practices and zoning authority, and allows local governments to enact ordinances relative to allowing or prohibiting cannabis-related businesses and activities. The act also requires compliance with any and all local requirements for cannabis-related operations as a condition of state licensure. In response to the adoption of MAUCRSA, the City Council adopted Ordinance No. 1933 on July 26, 2017, which made amendments to Chapter 5.45 of the Palm Springs Municipal Code (PSMC) relative to Medical Cannabis-related business activities, and established Chapter 5.55 for the regulation of Adult Use Cannabis Facilities. With the adoption of 02 City Council Staff Report October 18, 2017-- Page 3 Case No. 5.1218-F ZTA business regulations for Adult Use Cannabis Facilities, zoning regulations must also be established to provide locational standards and development requirements for the uses. ANALYSIS: The City Council has directed staff to prepare a Zone Text Amendment to establish zoning requirements for Adult-Use Cannabis Facilities, consistent with the permitting requirements that are already in place. The City Council Cannabis Subcommittee specifically requested staff to address the following: • Determine zoning districts where Adult Use Cannabis Facilities may be located; • Consider allowing dispensaries in the CBD (Central Business District) zone upon approval of a Conditional Use Permit, but limit the square footage at the street level similar to the limitations placed on office uses; • Allow dispensaries in the C-1 (Retail Business Zone) district upon approval of a Conditional Use Permit; • Prevent an over-concentration of dispensaries by limiting the number in each Census tract based upon population; • Require architectural review for dispensary storefronts as a means to ascertain that the businesses will conform to the City's architectural review criteria; and • Recommend standards for allowing on-site consumption of cannabis products. The following discussion addresses the proposed changes and additions to the zoning regulations pertaining to cannabis-related businesses. 1. New Cannabis-Related Use Categories — Proposed Zoninq Districts: Based on the permit categories created under MAUCRSA and included in Chapters 5.45 and 5.55 of the Municipal Code, the following uses would be added to the Zoning Code: • Adult Use Cannabis Dispensary • Adult Use Cannabis Cultivation Facility • Adult Use Cannabis Manufacturing Facility • Adult Use Cannabis Testing Facility • Adult Use Cannabis Transportation and Distribution Facility • Medical Use Cannabis Transportation and Distribution Facility The table below identifies the zoning districts where the new cannabis-related uses would be permitted: Table 1: ZoningDistricts Use CBD C-1 C-2 HC C-M MP M-1 M-2 E-1 A Medical Cannabis Cooperative or P P P P P P P Collectives City Council Staff Report October 18, 2017 -- Page 3 Case No. 5.1218-F ZTA business regulations for Adult Use Cannabis Facilities, zoning regulations must also be established to provide locational standards and development requirements for the uses. ANALYSIS: The City Council has directed staff to prepare a Zone Text Amendment to establish zoning requirements for Adult-Use Cannabis Facilities, consistent with the permitting requirements that are already in place. The City Council Cannabis Subcommittee specifically requested staff to address the following: • Determine zoning districts where Adult Use Cannabis Facilities may be located; • Consider allowing dispensaries in the CBD (Central Business District) zone upon approval of a Conditional Use Permit, but limit the square footage at the street level similar to the limitations placed on office uses; • Allow dispensaries in the C-1 (Retail Business Zone) district upon approval of a Conditional Use Permit; • Prevent an over-concentration of dispensaries by limiting the number in each Census tract based upon population; • Require architectural review for dispensary storefronts as a means to ascertain that the businesses will conform to the City's architectural review criteria; and • Recommend standards for allowing on-site consumption of cannabis products. The following discussion addresses the proposed changes and additions to the zoning regulations pertaining to cannabis-related businesses. 1. New Cannabis-Related Use Categories — Proposed Zoning Districts: Based on the permit categories created under MAUCRSA and included in Chapters 5.45 and 5.55 of the Municipal Code, the following uses would be added to the Zoning Code: • Adult Use Cannabis Dispensary • Adult Use Cannabis Cultivation Facility • Adult Use Cannabis Manufacturing Facility • Adult Use Cannabis Testing Facility • Adult Use Cannabis Transportation and Distribution Facility • Medical Use Cannabis Transportation and Distribution Facility The table below identifies the zoning districts where the new cannabis-related uses would be permitted: Table 1: ZoningDistricts Use CBD C-1 C-2 HC C-M M-- M-1 M-2 E-I A Medical Cannabis Cooperative or P P P P P P P Collectives 03 City Council Staff Report October 18, 2017 -- Page 4 Case No. 5.1218-F ZTA Table 1: Zoning Districts Use CBD C-1 C-2 HC C-M MP1_ M-1 M-2 E-1 A Medical or Adult Use Cannabis CUP" CUP' P P P P P P P -Dispensary — — CUP CUP CUP CUP CUP CUP CUP Medical or Adult Use Cannabis P R R R R R Cultivation Facility CUP CUP CUP CUP CUP CUP Medical or Adult Use Cannabis LLIP LUP LL1P LUP Ll1P -Manufacturing Facility CUP CUP CUP CUP CUP Medical or Adult Use Cannabis LAIR W12 LUR W12 L�p Jesting Facility CUP CUP CUP CUP CUP Medical or Adult Use Cannabis Transportation&Distribution P P P P P P Facilit List of Abbreviations: P=Permitted Use;LUP =Land Use Permit; CUP = Conditional Use Permit Underlined text is added;stricken-text is removed 'The Planning Commission has recommended that dispensaries not be permitted in the CBD and C-9 districts. In addition to the inclusion of new cannabis-related use categories, it is proposed that the approval process for certain uses be revised to become discretionary reviews. As proposed, a Conditional Use Permit would be required for all Cultivation Facilities, Manufacturing Facilities, and Testing Facilities as a means to incorporate a CEQA review, as those uses may have environmental impacts. In addition, it is proposed that a Conditional Use Permit be required for the dispensary use all zoning districts as a means to assess impacts to adjacent businesses and properties. 2. Separation Distance Requirements: It is proposed that separation distance requirements be instituted for cultivation uses. Previously, no separation distances were required; it is proposed that the same separation requirements be applied to cultivation uses as manufacturing and testing uses. For the proposed Medical or Adult-Use Cannabis Transportation and Distribution Facility use, it is proposed that separation distances be imposed from Palm Canyon Drive, residential zones, and protected uses (schools, parks, daycare, etc.). The Planning Commission has recommended against allowing dispensaries in the CBD and C-1 zoning districts; if City Council chooses to allow the use in those districts, then the separation distance from Palm Canyon Drive should be eliminated. Table 2: Separation Distance Requirements MF School MCD or TF Palm Residential Public Playground Use MCCC Canyon Public Park AUD T F Drive Zone Day Care/Child Care Youth Center MCCC None None None 250' 250' 500' City Council Staff Report October 18, 2017-- Page 4 Case No. 5.1218-F ZTA Table 1: ZoningDistricts Use CBD C-1 J C-2 HC C-M MP1- M-1 M-2 E-I A Medical or Adult Use Cannabis CUP" CUP` P P P P P P P Dispensary CUP CUP CUP CUP CUP CUP CUP Medical or Adult Use Cannabis R R R R R R Cultivation Facility CUP CUP CUP CUP CUP CUP Medical or Adult Use Cannabis UUP WP LUP 6UR Lt1R -Manufacturing Facility CUP CUP CUP CUP CUP Medical or Adult Use Cannabis Lup L4R LUP WR L-kfR Jesting Facility CUP CUP CUP CUP CUP Medical or Adult Use Cannabis Transportation& Distribution P P P P P P Facilit List of Abbreviations: P =Permitted Use;LUP=Land Use Permit; CUP= Conditional Use Permit Underlined text is added; 44eker+ e t is removed 'The Planning Commission has recommended that dispensaries not be permitted in the CBD and C-1 districts. In addition to the inclusion of new cannabis-related use categories, it is proposed that the approval process for certain uses be revised to become discretionary reviews. As proposed, a Conditional Use Permit would be required for all Cultivation Facilities, Manufacturing Facilities, and Testing Facilities as a means to incorporate a CEQA review, as those uses may have environmental impacts. In addition, it is proposed that a Conditional Use Permit be required for the dispensary use all zoning districts as a means to assess impacts to adjacent businesses and properties. 2. Separation Distance Requirements: It is proposed that separation distance requirements be instituted for cultivation uses. Previously, no separation distances were required; it is proposed that the same separation requirements be applied to cultivation uses as manufacturing and testing uses. For the proposed Medical or Adult-Use Cannabis Transportation and Distribution Facility use, it is proposed that separation distances be imposed from Palm Canyon Drive, residential zones, and protected uses (schools, parks, daycare, etc.). The Planning Commission has recommended against allowing dispensaries in the CBD and C-1 zoning districts; if City Council chooses to allow the use in those districts, then the separation distance from Palm Canyon Drive should be eliminated. Table 2: Separation Distance Requirements MF School MCD or TF Palm Residential Public Playground Use MCCC Canyon Public Park AUD C F Drive Zone Day Care/Child Care Youth Center MCCC None None None 250' 250' 500' City Council Staff Report October 18, 2017 -- Page 5 Case No. 5.1218-F ZTA Table 2: Separation Distance Requirements MF School Palm Public Playground Use MCCC MCD or TF Canyon Residential Public Park AUD TDF Drive Zone Day Care/Child Care Youth Center MCD or AUD 500, 500' None 259 250' 500' None" MF None None None 250' 250' 500, TF None None None 250' 250' 500, CF None None None Nene 250' NG%250' None 500' TDF None None None 250' 250' 500, List of Abbreviations: MCCC: Medical Cannabis Cooperative or Collective MCD: Medical Cannabis Dispensary AUD: Adult Use Dispensary MF: Medical or Adult Use Cannabis Manufacturing Facility TF: Medical or Adult Use Cannabis Testing Facility CF: Medical or Adult Use Cannabis Cultivation Facility TDF: Medical or Adult Use Transportation and Distribution Facility Underlined text is added; gfrir n fp* is removed 'The Planning Commission has recommended against dispensaries in the CBD and C-9 zoning districts;if City Council follows the recommendation of the Planning Commission, then the separation distance from Palm Canyon Drive should remain in place. 3. Dispensaries — Limitation by Census Tract: As part of the direction from City Council, staff was requested to investigate limiting dispensaries by Census tract, similar to the method used by the California Department of Alcoholic Beverage Control (ABC) for limiting alcohol licenses. The limitation by Census tract would be in addition to the 500- foot separation distance required between individual dispensaries. The purpose of having both methods in place is to prevent a concentration of dispensaries in any one area, as well as encouraging the distribution of dispensaries equally across the city. The model used by ABC establishes a maximum number of on-sale and off-sale alcohol licenses based on the population of each Census tract. ABC has adopted the following standard in issuing on-sale and off-sale alcohol licenses: • On-Sale General License: One license per each 2,000 inhabitants (or fraction thereof); • Off-Sale General License: One License per each 2,500 inhabitants (or fraction thereof). Staff has proposed a similar model that limits the maximum number of dispensaries in each Census tract based upon population. Using the same methodology, it is proposed that one dispensary be allowed per 2,500 inhabitants or fraction thereof. The table below lists the Census tracts and proposed number of dispensaries allowed; a map has been City Council Staff Report October 18, 2017 -- Page 5 Case No. 5.1218-F ZTA Table 2: Separation Distance Requirements MF School MCD or TF Palm Residential Public Playground Use MCCC AUD CF Canyon Zone Public Park TDF Drive Day Care/Child Care Youth Center MCD or AUD 500' 500' None 2-5& 250' 500, None* MF None None None 250' 250' 500, TF None None None 250' 250' 500, CF None None None Nene 250' NG%250' No%500' TDF None None None 250' 250' 500, List of Abbreviations: MCCC: Medical Cannabis Cooperative or Collective MCD: Medical Cannabis Dispensary AUD: Adult Use Dispensary MF: Medical or Adult Use Cannabis Manufacturing Facility TF: Medical or Adult Use Cannabis Testing Facility CF: Medical or Adult Use Cannabis Cultivation Facility TDF. Medical or Adult Use Transportation and Distribution Facility Underlined text is added; cfri^ n tpw is removed *The Planning Commission has recommended against dispensaries in the CBD and C-9 zoning districts;if City Council follows the recommendation of the Planning Commission, then the separation distance from Palm Canyon Drive should remain in place. 3. Dispensaries — Limitation by Census Tract: As part of the direction from City Council, staff was requested to investigate limiting dispensaries by Census tract, similar to the method used by the California Department of Alcoholic Beverage Control (ABC)for limiting alcohol licenses. The limitation by Census tract would be in addition to the 500- foot separation distance required between individual dispensaries. The purpose of having both methods in place is to prevent a concentration of dispensaries in any one area, as well as encouraging the distribution of dispensaries equally across the city. The model used by ABC establishes a maximum number of on-sale and off-sale alcohol licenses based on the population of each Census tract. ABC has adopted the following standard in issuing on-sale and off-sale alcohol licenses: • On-Sale General License: One license per each 2,000 inhabitants (or fraction thereof); • Off-Sale General License: One License per each 2,500 inhabitants (or fraction thereof). Staff has proposed a similar model that limits the maximum number of dispensaries in each Census tract based upon population. Using the same methodology, it is proposed that one dispensary be allowed per,2,500 inhabitants or fraction thereof. The table below lists the Census tracts and proposed number of dispensaries allowed; a map has been 05 City Council Staff Report October 18, 2017 -- Page 6 Case No. 5.1218-F ZTA included as an attachment to this report, showing the location and boundaries of each Census tract. Table 3. Dispensaries by Census Tract Census Tract Population Maximum # Permitted 445.20 1 ,704 1 445.22 4,876 2 446.02 2,907 0* 446.04 4,320 2 446.05 4,803 2 446.06 2,852 2 447.01 3,555 2 447.02 2,295 1 448.04 2,850 2 448.05 1 ,701 1 448.06 1 ,982 1 448.07 1 ,281 1 449.04 4,543 1 9405 2,208 1 9407 2,613 0* 9408 2,613 0* 9410 3,812 2 9411 2,051 0* 9412 2,205 1 9413 3,300 0* 9414 3,179 2 *Proposed adjustment to the number of dispensaries allowed based upon tract characteristics. It is important to note that Census tracts are not coterminous with City boundaries, and adjustments may be required to account for the population disparity. For example, Census Tract #449.04, which has a population of 4,543 residents, is proposed to have one dispensary as the majority of the population in the tract is located in the jurisdiction of Cathedral City. Similarly, the majority of Census Tract #9411 is within the boundaries of Cathedral City, and the only portion within the City of Palm Springs is zoned for residential uses, eliminating the possibility for locating a dispensary within that tract. While the table above identifies the maximum number of dispensaries that could be permitted in the City of Palm Springs, the actual number of dispensaries will most likely be less. This is due to the combined factors of separation distance requirements and availability of suitable zoning for cannabis-related uses in each Census tract. The combined zoning tools of separation distance requirements and Census tract limitations will prevent an over-saturation of dispensaries in any one area of the city. City Council Staff Report October 18, 2017-- Page 6 Case No. 5.1218-F ZTA included as an attachment to this report, showing the location and boundaries of each Census tract. Table 3. Dispensaries by Census Tract Census Tract Population Maximum # Permitted 445.20 1,704 1 445.22 4,876 2 446.02 2,907 0* 446.04 4,320 2 446.05 4,803 2 446.06 2,852 2 447.01 3,555 2 447.02 2,295 1 448.04 2,850 2 448.05 1,701 1 448.06 1,982 1 448.07 1,281 1 449.04 4,543 1* 9405 2,208 1 9407 2,613 0* 9408 2,613 0* 9410 3,812 2 9411 2,051 0* 9412 2,205 1 9413 3,300 0* 9414 3,179 2 *Proposed adjustment to the number of dispensaries allowed based upon tract characteristics. It is important to note that Census tracts are not coterminous with City boundaries, and adjustments may be required to account for the population disparity. For example, Census Tract #449.04, which has a population of 4,543 residents, is proposed to have one dispensary as the majority of the population in the tract is located in the jurisdiction of Cathedral City. Similarly, the majority of Census Tract #9411 is within the boundaries of Cathedral City, and the only portion within the City of Palm Springs is zoned for residential uses, eliminating the possibility for locating a dispensary within that tract. While the table above identifies the maximum number of dispensaries that could be permitted in the City of Palm Springs, the actual number of dispensaries will most likely be less. This is due to the combined factors of separation distance requirements and availability of suitable zoning for cannabis-related uses in each Census tract. The combined zoning tools of separation distance requirements and Census tract limitations will prevent an over-saturation of dispensaries in any one area of the city. 06 City Council Staff Report October 18, 2017 -- Page 7 Case No. 5.1218-F ZTA Please note that the Planning Commission has recommended against the use of Census tracts as a means to limit the number of dispensaries, as discussed later in this report. 4. Architectural Review — Dispensaries: A proposed addition to the general standards for cannabis-related uses contained in PSZC Section 93.23.15 is the requirement to review storefronts for dispensary operations through the Architectural Review process. Applicants would be required to file a Minor Architectural Application, which would be reviewed by both the Architectural Advisory Committee (AAC) and the Planning Commission. In addition to reviewing the storefronts for conformance to the standard criteria contained in PSZC Section 94.04.00(D), the AAC and Planning Commission would specifically review the following elements of the storefront: • Exterior colors and materials, including doors and windows; • Awnings; • Exterior lighting; • Landscaping (where applicable); and • Proposed signage, with respect to materials, color, illumination, font, and location on the facade of the building. It is only proposed that dispensaries be subject to the Architectural Review process; other cannabis-related businesses would not need to go through the Architectural Review process, unless otherwise required by ordinance for new construction or renovations. 5. On-site consumption of cannabis products. Based on the direction of the subcommittee, staff prepared draft language to allow edible cannabis products to be included as menu items at restaurants and lounges as an auxiliary use, and limited to patrons who were of legal age to purchase cannabis products. In discussing the item, the Planning Commission noted concerns regarding public safety and welfare, and recommended that the issue be studied at a future time. PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission reviewed the draft ordinance at a study session on the morning of October 11, 2017, and held a public hearing on the matter that afternoon. While the Planning Commission was generally supportive of the draft ordinance, they recommended the following changes and modifications: • Do not allow dispensaries in the CBD (Central Business District) and C-1 (Retail Business) zoning districts at this time. While the commission was of the opinion that dispensaries may be appropriate in the CBD and C-1 districts at some point in the future, it was felt that the City should take a more measured approach to allowing adult-use cannabis businesses, and to revisit the matter once adult-use cannabis businesses had been established. In addition, it was felt that dispensaries might displace retail businesses in the downtown area or design- related businesses in the Uptown District. City Council Staff Report October 18, 2017 -- Page 7 Case No. 5.1218-F ZTA Please note that the Planning Commission has recommended against the use of Census tracts as a means to limit the number of dispensaries, as discussed later in this report. 4. Architectural Review — Dispensaries: A proposed addition to the general standards for cannabis-related uses contained in PSZC Section 93.23.15 is the requirement to review storefronts for dispensary operations through the Architectural Review process. Applicants would be required to file a Minor Architectural Application, which would be reviewed by both the Architectural Advisory Committee (AAC) and the Planning Commission. In addition to reviewing the storefronts for conformance to the standard criteria contained in PSZC Section 94.04.00(D), the AAC and Planning Commission would specifically review the following elements of the storefront: • Exterior colors and materials, including doors and windows; • Awnings; • Exterior lighting; • Landscaping (where applicable); and • Proposed signage, with respect to materials, color, illumination, font, and location on the facade of the building. It is only proposed that dispensaries be subject to the Architectural Review process; other cannabis-related businesses would not need to go through the Architectural Review process, unless otherwise required by ordinance for new construction or renovations. 5. On-site consumption of cannabis products. Based on the direction of the subcommittee, staff prepared draft language to allow edible cannabis products to be included as menu items at restaurants and lounges as an auxiliary use, and limited to patrons who were of legal age to purchase cannabis products. In discussing the item, the Planning Commission noted concerns regarding public safety and welfare, and recommended that the issue be studied at a future time. PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission reviewed the draft ordinance at a study session on the morning of October 11, 2017, and held a public hearing on the matter that afternoon. While the Planning Commission was generally supportive of the draft ordinance, they recommended the following changes and modifications: • Do not allow dispensaries in the CBD (Central Business District) and C-1 (Retail Business) zoning districts at this time. While the commission was of the opinion that dispensaries may be appropriate in the CBD and C-1 districts at some point in the future, it was felt that the City should take a more measured approach to allowing adult-use cannabis businesses, and to revisit the matter once adult-use cannabis businesses had been established. In addition, it was felt that dispensaries might displace retail businesses in the downtown area or design- related businesses in the Uptown District. 07 City Council Staff Report October 18, 2017-- Page 8 Case No. 5.1218-F ZTA • Do not use Census tracts as a method to limit dispensaries; establish a maximum limit based on population. The Planning Commission reviewed the Census tract maps and proposed number of dispensaries that would be permitted under that method, and offered concern that the method would allow more dispensaries than necessary to serve the population. The commission recommended that dispensaries be limited on a basis of 1 dispensary for each 8,000 permanent residents or portion thereof. • Institute separation distance requirements for cultivation facilities. In reviewing the separation distance requirements for all cannabis-related uses, the Planning Commission recommended that separation distance requirements be instituted for cultivation uses. Currently, cultivation uses have no separation distance requirement from protected uses (schools, parks, daycare facilities, etc.), residential areas, or Palm Canyon Drive. • Do not allow on-site consumption of cannabis products at this time. The Planning Commission reviewed the proposal to allow on-site consumption of cannabis products, and considered testimony from the public regarding clubs for the smoking, vaporizing or ingestion of cannabis products in a social setting. The commission was opposed to the concept of allowing the sale of menu items with cannabis ingredients, due to concerns about the ability to restrict or control access to the products. However, they indicated general support in the future for the allowance of age-restricted businesses (or clubs) where cannabis products could be consumed in a social setting, provided that alcohol products would not be available on the premises. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to the following provisions of the CEQA Guidelines, 14 Cal. Code of Regulations, Chapter 3: 1. The ordinance is exempt under Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The number of medical and adult-use cannabis businesses with the various categories provided under State Law and this Ordinance will be limited and the medical and adult-use cannabis businesses will have impacts that are similar to the farming, manufacturing, distribution, laboratory, and transportation and distribution activities already authorized within the City. Furthermore, the Ordinance contains requirements that prevent any potential impacts on the environment that may be unique to businesses involving adult-use or medical cannabis. Further, there is no possibility that this Ordinance would create cumulative impacts that are significant because this Ordinance does City Council Staff Report October 18, 2017-- Page 8 Case No. 5.1218-F ZTA • Do not use Census tracts as a method to limit dispensaries; establish a maximum limit based on population. The Planning Commission reviewed the Census tract maps and proposed number of dispensaries that would be permitted under that method, and offered concern that the method would allow more dispensaries than necessary to serve the population. The commission recommended that dispensaries be limited on a basis of 1 dispensary for each 8,000 permanent residents or portion thereof. • Institute separation distance requirements for cultivation facilities. In reviewing the separation distance requirements for all cannabis-related uses, the Planning Commission recommended that separation distance requirements be instituted for cultivation uses. Currently, cultivation uses have no separation distance requirement from protected uses (schools, parks, daycare facilities, etc.), residential areas, or Palm Canyon Drive. • Do not allow on-site consumption of cannabis products at this time. The Planning Commission reviewed the proposal to allow on-site consumption of cannabis products, and considered testimony from the public regarding clubs for the smoking, vaporizing or ingestion of cannabis products in a social setting. The commission was opposed to the concept of allowing the sale of menu items with cannabis ingredients, due to concerns about the ability to restrict or control access to the products. However, they indicated general support in the future for the allowance of age-restricted businesses (or clubs) where cannabis products could be consumed in a social setting, provided that alcohol products would not be available on the premises. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to the following provisions of the CEQA Guidelines, 14 Cal. Code of Regulations, Chapter 3: 1. The ordinance is exempt under Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The number of medical and adult-use cannabis businesses with the various categories provided under State Law and this Ordinance will be limited and the medical and adult-use cannabis businesses will have impacts that are similar to the farming, manufacturing, distribution, laboratory, and transportation and distribution activities already authorized within the City. Furthermore, the Ordinance contains requirements that prevent any potential impacts on the environment that may be unique to businesses involving adult-use or medical cannabis. Further, there is no possibility that this Ordinance would create cumulative impacts that are significant because this Ordinance does 08 City Council Staff Report October 18, 2017-- Page 9 Case No. 5.1218-F ZTA not authorize a total number of businesses in the City than would have been otherwise authorized, does not authorize construction or other related activities or any other activities that are not already permitted, except that the Ordinance allows the same activities but with a different material (adult-use or 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; 2. The Ordinance is also exempt under Section 15183 (projects consistent with a community plan, general plan, or zoning) since the types of businesses permitted by the Ordinance are consistent with those contemplated by general plan and zoning, such as farming, manufacture, and distribution of other agriculture products and/or products to be used as pharmaceuticals; 3. The Ordinance is also exempt under CEQA Guidelines Section 15301 (existing facilities) since permitted medical cannabis business underthe Ordinance may locate in existing facilities, and any additions to structures would be expected to be also exempt under 15301; and 4. The Ordinance is exempt under Section 15303 (new construction or conversion of small structures). The businesses will be established in an urban area, and given the build out of the existing city, and sufficient existing leasable property, the amount of construction that would occur is minimal to non-existent, and any such construction would be less than the thresholds established in Section 15303. NOTIFICATION: A public hearing notice was published in accordance with the requirements of State law and local ordinance. '1 FIin7n�F;agg_ag=, AICP Marcus L. Fuller, MPA, P.E., P.L.S. Director of Planning Services Assistant City Manager/City Engineer David H. Ready, Esq., P . City Manager City Council Staff Report October 18, 2017 -- Page 9 Case No. 5.1218-F ZTA not authorize a total number of businesses in the City than would have been otherwise authorized, does not authorize construction or other related activities or any other activities that are not already permitted, except that the Ordinance allows the same activities but with a different material (adult-use or 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; 2. The Ordinance is also exempt under Section 15183 (projects consistent with a community plan, general plan, or zoning) since the types of businesses permitted by the Ordinance are consistent with those contemplated by general plan and zoning, such as farming, manufacture, and distribution of other agriculture products and/or products to be used as pharmaceuticals; 3. The Ordinance is also exempt under CEQA Guidelines Section 15301 (existing facilities) since permitted medical cannabis business under the Ordinance may locate in existing facilities, and any additions to structures would be expected to be also exempt under 15301; and 4. The Ordinance is exempt under Section 15303 (new construction or conversion of small structures). The businesses will be established in an urban area, and given the build out of the existing city, and sufficient existing leasable property, the amount of construction that would occur is minimal to non-existent, and any such construction would be less than the thresholds established in Section 15303. NOTIFICATION: A public hearing notice was published in accordance with the requirements of State law and local ordinance. FntnZgg, A I C P I Marcus L. Fuller, MPA, P.E., P.L.S. Director of Planning Services Assistant City Manager/City Engineer David H. Ready, Esq., . City Manager City Council Staff Report October 18, 2017-- Page 10 Case No. 5.1218-F ZTA Attachments: 1. Draft Ordinance 2. Planning Commission Staff Report — October 11, 2017 3. Minutes Excerpts — 10/11/17 Planning Commission Study Session and 10/11/17 Planning Commission Meeting 4. Census Tract Map 5. Public Comment Letters City Council Staff Report October 18, 2017 -- Page 10 Case No. 5.1218-F ZTA Attachments: 1. Draft Ordinance 2. Planning Commission Staff Report— October 11, 2017 3. Minutes Excerpts — 10/11/17 Planning Commission Study Session and 10/11/17 Planning Commission Meeting 4. Census Tract Map 5. Public Comment Letters 10 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 91, CHAPTER 92, AND CHAPTER 93 OF THE PALM SPRINGS ZONING CODE RELATIVE TO ZONING REQUIREMENTS AND DEVELOPMENT STANDARDS FOR ADULT-USE CANNABIS FACILITIES AND MEDICAL CANNABIS FACILITIES. City Attorney Summary This Ordinance amends provisions of the City's Zoning Code to establish zoning regulations for Adult-Use Cannabis Facilities, as permitted under the Medical and Adult Use Cannabis Regulation and Safety Act, and to make minor revisions to zoning regulations for Medical Cannabis Facilities. 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") which consisted of a piece of legislation (SB94) intended to provide a comprehensive regulatory framework for licensing, control, and taxation of 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 under the City's constitutional municipal and police powers. MAUCRSA contains statutory provisions that: ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 91, CHAPTER 92, AND CHAPTER 93 OF THE PALM SPRINGS ZONING CODE RELATIVE TO ZONING REQUIREMENTS AND DEVELOPMENT STANDARDS FOR ADULT-USE CANNABIS FACILITIES AND MEDICAL CANNABIS FACILITIES. City Attorney Summary This Ordinance amends provisions of the City's Zoning Code to establish zoning regulations for Adult-Use Cannabis Facilities, as permitted under the Medical and Adult Use Cannabis Regulation and Safety Act, and to make minor revisions to zoning regulations for Medical Cannabis Facilities. 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") which consisted of a piece of legislation (SB94) intended to provide a comprehensive regulatory framework for licensing, control, and taxation of 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 under the City's constitutional municipal and police powers. MAUCRSA contains statutory provisions that: -r Z � 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 the Act 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 the act 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 requires, 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 Chapter 5.45 and Chapter 5.55 of the Palm Springs Municipal Code to accommodate businesses allowing the 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 and comply with State law and Federal guidelines. F. It is the intent of the City Council to have a strong and effective regulatory and enforcement system with regard to medical and adult-use cannabis that addresses threats to public safety, health and other law enforcement interests 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 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: 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 the Act 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 the act 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 requires, 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 Chapter 5.45 and Chapter 5.55 of the Palm Springs Municipal Code to accommodate businesses allowing the 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 and comply with State law and Federal guidelines. F. It is the intent of the City Council to have a strong and effective regulatory and enforcement system with regard to medical and adult-use cannabis that addresses threats to public safety, health and other law enforcement interests 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 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: 12 Ordinance No. Page 3 1. The ordinance is exempt under Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The number of medical and adult-use cannabis businesses with the various categories provided under State Law and this Ordinance will be limited and the medical and adult-use cannabis businesses will have impacts that are similar to the farming, manufacturing, distribution, laboratory, and transportation and distribution activities already authorized within the City. Furthermore, the Ordinance contains requirements that prevent any potential impacts on the environment that may be unique to businesses involving adult-use or medical cannabis. Further, there is no possibility that this Ordinance would create cumulative impacts that are significant because this Ordinance does not authorize a total number of businesses in the City than would have been otherwise authorized, does not authorize construction or other related activities or any other activities that are not already permitted, except that the Ordinance allows the same activities but with a different material (adult- use or 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; 2. The Ordinance is also exempt under Section 15183 (projects consistent with a community plan, general plan, or zoning) since the types of businesses permitted by the Ordinance are consistent with those contemplated by general plan and zoning, such as farming, manufacture, and distribution of other agriculture products and/or products to be used as pharmaceuticals; 3. The Ordinance is also exempt under CEQA Guidelines Section 15301 (existing facilities) since permitted medical cannabis business under the Ordinance may locate in existing facilities, and any additions to structures would be expected to be also exempt under 15301; and 4. The Ordinance is exempt under Section 15303 (new construction or conversion of small structures). The businesses will be established in an urban area, and given the build out of the existing city, and sufficient existing leasable property, the amount of construction that would occur is minimal to non-existent and any such construction would be less than the thresholds established in Section 15303. 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 3 1. The ordinance is exempt under Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The number of medical and adult-use cannabis businesses with the various categories provided under State Law and this Ordinance will be limited and the medical and adult-use cannabis businesses will have impacts that are similar to the farming, manufacturing, distribution, laboratory, and transportation and distribution activities already authorized within the City. Furthermore, the Ordinance contains requirements that prevent any potential impacts on the environment that may be unique to businesses involving adult-use or medical cannabis. Further, there is no possibility that this Ordinance would create cumulative impacts that are significant because this Ordinance does not authorize a total number of businesses in the City than would have been otherwise authorized, does not authorize construction or other related activities or any other activities that are not already permitted, except that the Ordinance allows the same activities but with a different material (adult- use or 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; 2. The Ordinance is also exempt under Section 15183 (projects consistent with a community plan, general plan, or zoning) since the types of businesses permitted by the Ordinance are consistent with those contemplated by general plan and zoning, such as farming, manufacture, and distribution of other agriculture products and/or products to be used as pharmaceuticals; 3. The Ordinance is also exempt under CEQA Guidelines Section 15301 (existing facilities) since permitted medical cannabis business under the Ordinance may locate in existing facilities, and any additions to structures would be expected to be also exempt under 15301; and 4. The Ordinance is exempt under Section 15303 (new construction or conversion of small structures). The businesses will be established in an urban area, and given the build out of the existing city, and sufficient existing leasable property, the amount of construction that would occur is minimal to non-existent, and any such construction would be less than the thresholds established in Section 15303. 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: i3 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. "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 an enclosed facility where rnedieal cannabis is cultivated and processed only for distribution to a licensed Medical or Adult-Use Cannabis Cooperative of Collective Facility. "Medical or Adult-Use Cannabis Manufacturinq Facility" means a facility where cannabis is processed, extracted, or compounded into edible or topical products intended for consumption, inhalation, or topical application, including a facility that packages or repackages cannabis products, where the operator holds a valid permit for manufacturing from the City of Palm Springs, and a valid state license as required by State Law for manufacturing. "Medical or Adult-Use Cannabis Testing Facility" means a facility, entity, or site that offers or performs testing of medical or adult-use cannabis or medical or adult-use cannabis products and that is both of the following: 1. Accredited by an accrediting body that is independent from all other persons involved in the medical cannabis industry in the state; and Ordinance No. Page 4 "Adult-Use Cannabis Dispensary" means a premises where Adult-Use Cannabis, Adult-Use Cannabis products, ordevices 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. "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 an enGlesed facility where medical cannabis is cultivated and processed only for distribution to a licensed Medical or Adult-Use Cannabis Cooperative of SoAect+ve Facility. "Medical or Adult-Use Cannabis Manufacturing Facility" means a facility where cannabis is processed, extracted, or compounded into edible or topical products intended for consumption, inhalation, or topical application, including a facility that packages or repackages cannabis products, where the operator holds a valid permit for manufacturing from the City of Palm Springs, and a valid state license as required by State Law for manufacturing. "Medical or Adult-Use Cannabis Testing Facility" means a facility, entity, or site that offers or performs testing of medical or adult-use cannabis or medical or adult-use cannabis products and that is both of the following: 1. Accredited by an accrediting body that is independent from all other persons involved in the medical cannabis industry in the state: and Ordinance No. Page 5 2. Registered with the California State Department of Public Health. SECTION 2. PSZC Section 92.14.01(A) is hereby amended to eliminate the following use: ; (Following uses renumbered accordingly) SECTION 3. PSZC Section 92.14.01(D) is hereby amended to read: 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 4. PSZC Section 92.14.1.01(A) is hereby amended to eliminate the following use: ; (Following uses renumbered accordingly) SECTION 5. PSZC Section 92.14.1.01(D) is hereby amended to read: 4. 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: 21. Med, .�,a s a ' f, ili+ios gject to the p operty development standards Gontained in See-tlnn 9-2 71 '1F of this Code and GempliaRGG with the PFOVOGiORG of Chapter 5.35 of this ,, 21. Medical or adult-use cannabis transportation and distribution facility, subject to the development standards contained in Section 93.23.15 of this Code; 22. AnAiGal snnnnhis dicnensani• SECTION 7. PSZC Section 92.15.01(C) is hereby amended to eliminate the Ordinance No. Page 5 2. Registered with the California State Department of Public Health. SECTION 2. PSZC Section 92.14.01(A) is hereby amended to eliminate the following use: dispensary; (Following uses renumbered accordingly) SECTION 3. PSZC Section 92.14.01(D) is hereby amended to read: 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 4. PSZC Section 92.14.1 .01(A) is hereby amended to eliminate the following use: dispensary; (Following uses renumbered accordingly) SECTION 5. PSZC Section 92.14.1.01(D) is hereby amended to read: 4. 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: 21 Mpdirol nannahis r„I+i lotion forilitioS y h cri +e the nronorF i GeMplionno with the provisions of Ghontor 55.35 of this CE)de-- 21. Medical or adult-use cannabis transportation and distribution facility, subject to the development standards contained in Section 93.23.15 of this Code: 22. Medical b's dispeasar SECTION 7. PSZC Section 92.15.01(C) is hereby amended to eliminate the 5 Ordinance No. Page 6 following use: 14 Medical Ga Rnabis rnan„fa GtUring facility aR d mediGal nnnnehis �-�. laic.......:.. ................. ....:........;......... .� ..:...... .� ........ ...`-.......... ��.....�..-.� testing facility (Following uses renumbered accordingly) SECTION 8. PSZC Section 92.15.01(D) is hereby amended to read: 9. Medical cannabis dispensary or adult-use cannabis dispensary, subiect to the property development standards contained in Section 92.23.15 of this Code; 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 9. PSZC Section 92.16.01(A) is hereby amended to read: 5. h4pdiral GARRAbir, GciitiV afierrG —faG*I**tics, subje6t to the pFepertdeVelOpMeRt standards rontained in SeGtien 93.23.15 of this Code and remnlianee with the nrevi i9RG of (`heater F. 36 of this Gene• 6. Me-dip—al nannahis rdispenseryr , 5. 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. Meidivol vonnehis maR ifaGt Urine facility and medisol sonnabis ti tesnf� (Following uses renumbered accordingly) Ordinance No. Page 6 following use: testing facility 'T (Following uses renumbered accordingly) SECTIONS. PSZC Section 92.15.01(D) is hereby amended to read: 9. Medical cannabis dispensary or adult-use cannabis dispensary, subject to the property development standards contained in Section 92.23.15 of this Code; 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 9. PSZC Section 92.16.01(A) is hereby amended to read: d evolonrneRt sta RdardS contained in SeGtinn 93 23 15 of this Code and ; 5. 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. Med+c-al Gannabis manufacturing facility and edinall _cannabis tostiRg facility' (Following uses renumbered accordingly) 16 Ordinance No. Page 7 SECTION 11. PSZC Section 92.16.01(D) is hereby amended to read: 9. Medical cannabis dispensary or adult-use cannabis dispensary, subject to the property development standards contained in Section 92,23.15 of this Code; 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 12. PSZC Section 92.17.01(A) is hereby to read: development standards Gontained in SeGtien 93.23.15 of this Gode and Gemelianne with the pr-evisie RG of Ghneter 5 2-5 l,f this C-erte• , 7. Medical or adult-use cannabis transportation and distribution facility, subject to the development standards contained in Section 93.23.15 of this Code; 11. Services. i 1l lledinol nannabis dispensary; (Following uses renumbered accordingly) SECTION 13. PSZC Section 92.17.01(C) is hereby amended to eliminate the following use: testing fonility a�ucrr�y-�uvrr� (Following uses renumbered accordingly) SECTION 14. PSZC Section 92.17.01(D) is hereby amended to read: 15. Medical cannabis dispensary or adult-use cannabis dispensary, subject to the property development standards contained in Section 92.23.15 of this Code; Ordinance No. Page 7 SECTION 11. PSZC Section 92.16.01(D) is hereby amended to read: 9. Medical cannabis dispensary or adult-use cannabis dispensary, subject to the property development standards contained in Section 92.23.15 of this Code; 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 12. PSZC Section 92.17.01(A) is hereby to read: i. pdinnlmr, fonilifins SHvje64 fn the nrnnnrFdevelopment standards Gentained OR SeGtiGR 93.23.15 ef this (;Gde and GGmplianGe with the provisions of Chapter 5.35 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; 11. Services. i fl ed*Gal GaRRahis dispensary; (Following uses renumbered accordingly) SECTION 13. PSZC Section 92.17.01(C) is hereby amended to eliminate the following use: 4. 11Anrlinnl Gannabis man„fa Gt Winn fonility and mediGal Gannabis tooting fonilifv acurrrrg-ravmr� ' (Following uses renumbered accordingly) SECTION 14. PSZC Section 92.17.01(D) is hereby amended to read: 15. Medical cannabis dispensary or adult-use cannabis dispensary, subject to the property development standards contained in Section 92.23.15 of this Code; Ordinance No. Page 8 16. Medical or adult-use cannabis cultivation facility, subject to the development standards contained in Section 93.23.15 of this Code; 17. Medical or adult-use cannabis manufacturing facility, subject to the development standards contained in Section 93.23.15 of this Code; 18. 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 15. PSZC Section 92.17.1 .01(A) is hereby amended to read: 6. Medical cannabis eultivation facilities, subject to the propek /deyel lament otanrda Fds E;entaine d in SeAtien A2 22 15 of this Ge de aR d G9rRpliaRGe with the proviSiGRG of Chapter -5.35 of this Code-; 7. Medical sanRabls dispensary; 6. 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: teGtin � SECTION 17. PSZC Section 92.17.1.01(D) is hereby amended to read: 13. Medical cannabis dispensary or adult-use cannabis dispensary, subject to the property development standards contained in Section 92.23.15 of this Code; 14. Medical or adult-use cannabis cultivation facility, subject to the development standards contained in Section 93.23.15 of this Code; 15. Medical or adult-use cannabis manufacturing facility, subject to the development standards contained in Section 93.23.15 of this Code; 16. Medical or adult-use cannabis testing facility, subject to the development standards contained in Section 93.23.15 of this Code; Ordinance No. Page 8 16. Medical or adult-use cannabis cultivation facility, subject to the development standards contained in Section 93.23.15 of this Code; 17. Medical or adult-use cannabis manufacturing facility, subject to the development standards contained in Section 93.23.15 of this Code; 18. 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 15. PSZC Section 92.17.1.01(A) is hereby amended to read: 6. Med'Gal GaRnabiG etlltiV"f F6l+f�s, subject to the pr-opeFt development standards senfained in Confirm 93 23 '15 of this Code and , ; 6. 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: testitesting facility. ng-rovrrrti� SECTION 17. PSZC Section 92.17.1.01(D) is hereby amended to read: 13. Medical cannabis dispensary or adult-use cannabis dispensary, subject to the property development standards contained in Section 92.23.15 of this Code; 14. Medical or adult-use cannabis cultivation facility, subject to the development standards contained in Section 93.23.15 of this Code; 15. Medical or adult-use cannabis manufacturing facility, subject to the development standards contained in Section 93.23.15 of this Code; 16. Medical or adult-use cannabis testing facility, subject to the development standards contained in Section 93.23.15 of this Code; � 8 Ordinance No. Page 9 (Following uses renumbered accordingly) SECTION 18. PSZC Section 92.17.2.01(A) is hereby amended to read: 7. Medical nnnnabiS GUltiyation fonilitieS sab}eGt to thepreperty rl`yelepFReRt standards nnntained in SeEAien 93 23 1 5 of this Code and GOFnplqanr,e with the pr<)v*SOGRS of Chapter 5.35 of this Go 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 fo � 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. Medical Gan abiS GU!tmyati()n fonilitie S, su eGt to the pFepeFt development standardS Gontained on SeGtien 93.23.15 of this GGde and GOmplianno with the pFevisions of Chapter F ` 5- .,f this (merle• J !I. Med'Gal saRRabis dsspeRsar 10. 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) Ordinance No. Page 9 (Following uses renumbered accordingly) SECTION 18. PSZC Section 92.17.2.01(A) is hereby amended to read: 7 MedTsal GannabiS n„Itiya#inn faGilities subject to the nron Ft development tanda Fd nontainerl in Cenfinn C]'] 22 15 of Fhic (`orFe 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; SECTION 19. PSZC Section 92.17.2.01(C) is hereby amended to eliminate the following use: 2. Medinol nonnabis rnan„font„rinn fonility and Meadirol ronnahio to GtiRg fonility' 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 } R 0. Medinn� l Gan abiiG �tiyaFien fnnili Fier eGt tB th�V�Jet't7 development standards contained in Section 93 23 15 of this Code and ; ; 10. Medical or adult-use cannabis transportation and distribution facility, subiect to the development standards contained in Section 93.23.15 of this Code; (Following uses renumbered accordingly) Ordinance No. Page 10 SECTION 22. PSZC Section 92.18.01(C) is hereby amended to read: 5. Medical cannabis dispensary or adult-use cannabis dispensary, subject to the property development standards contained in Section 92.23.15 of this Code; 6. 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 listed in the table 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 Medical Cannabis Facility or Adult Use 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.B. Ordinance No. Page 10 SECTION 22. PSZC Section 92.18.01(C) is hereby amended to read: 5. Medical cannabis dispensary or adult-use cannabis dispensary, subject to the property development standards contained in Section 92.23.15 of this Code; 6. 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 listed in the table 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 Medical Cannabis Facility or Adult Use 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 .B. 20 Ordinance No. Page 11 Se aration Distance Requirements MF School MCD or TF Palm Residential Public Playground Use MCCC Canyon Public Park AUD of Drive Zone Day Care/Child Care Youth Center MCCC None None None 250' 250' 500, MCD or AUD 500' 500' None 250' 250' 500, CF None None None 250' 250' 500' MF None None None 250' 250' 500, TF None None None 250' 250' 500, TDF None None None 250' 250' 500' List of Abbreviations: MCCC: Medical Cannabis Cooperative or Collective MCD: Medical Cannabis Dispensary AUD: Adult Use Dispensary MF. Medical or Adult Use Cannabis Manufacturing Facility TF: Medical or Adult Use Cannabis Testing Facility CF. Medical or Adult Use Cannabis Cultivation Facility TDF: Medical or Adult Use Transportation and Distribution Facility 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. Administrative modifications for this standard may be granted by the City Council pursuant to Section 94.06.01.6. F. Signage Requirements. In addition to the size and area limitations specified in this Chapter, signage for Medical Cannabis Facilities and Adult Use Cannabis Facilities shall be subject to the additional restrictions contained in Chapter 5.35, Chapter 5.45, and Chapter 5.55 of this Code. G. 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. Ordinance No. Page 11 Se aration Distance Requirements MF School Palm Public Playground MCD or TF Residential Use MCCC AUD CF Canyon Zone Public Park TDF Drive Day Care/Child Care Youth Center MCCC None None None 250' 250' 500' MCD or AUD 500' 500' None 250' 250' 500' CF None None None 250' 250' 500' MF None None None 250' 250' 500, TF None None None 250' 250' 500, TDF None I None None 250' 1 250' 1 500' List of Abbreviations: MCCC: Medical Cannabis Cooperative or Collective MCD: Medical Cannabis Dispensary AUD: Adult Use Dispensary ME Medical or Adult Use Cannabis Manufacturing Facility TF. Medical or Adult Use Cannabis Testing Facility CP Medical or Adult Use Cannabis Cultivation Facility TDF: Medical or Adult Use Transportation and Distribution Facility 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. Administrative modifications for this standard may be granted by the City Council pursuant to Section 94.06.01.13. F. Signage Requirements. In addition to the size and area limitations specified in this Chapter, signage for Medical Cannabis Facilities and Adult Use Cannabis Facilities shall be subject to the additional restrictions contained in Chapter 5.35, Chapter 5.45, and Chapter 5.55 of this Code. G. 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. 21 Ordinance No. Page 12 2. Medical Cannabis and Adult-Use Cannabis Dispensaries. a. Maximum Number Permitted. The combined total of Medical Cannabis Dispensaries and Adult-Use Cannabis Dispensaries shall not exceed the ratio of one (1) dispensary per eight-thousand (8,000) permanent residents or portion thereof, based upon the population estimate as prepared by the State of California Department of Finance. b. Architectural Review. Medical Cannabis and Adult-Use Cannabis Dispensaries shall be subject to Architectural Review by the Planning Commission, pursuant to Section 94.04.00(E)(2)(c). The Planning Commission and the Architectural Advisory Committee shall be tasked with reviewing the exterior storefront design subject to the criteria listed in Section 94.04.00(D), with respect to the following elements: 1) Exterior color and materials of the storefront; 2) Awnings (where applicable); 3) Proposed signage, with respect to construction, font, illumination, color, and location; 4) Exterior lighting; and 5) Landscaping (where applicable). ADOPTED this th day of 2017. ROBERT MOON MAYOR ATTEST: KATHLEEN D. HART, MMC INTERIM CITY CLERK CERTIFICATION Ordinance No. Page 12 2. Medical Cannabis and Adult-Use Cannabis Dispensaries. a. Maximum Number Permitted. The combined total of Medical Cannabis Dispensaries and Adult-Use Cannabis Dispensaries shall not exceed the ratio of one (1) dispensary per eight-thousand (8,000) permanent residents or portion thereof, based upon the population estimate as prepared by the State of California Department of Finance. b. Architectural Review. Medical Cannabis and Adult-Use Cannabis Dispensaries shall be subject to Architectural Review by the Planning Commission, pursuant to Section 94.04.00(E)(2)(c). The Planning Commission and the Architectural Advisory Committee shall be tasked with reviewing the exterior storefront design subject to the criteria listed in Section 94.04.00(D), with respect to the following elements: 1) Exterior color and materials of the storefront; 2) Awnings (where applicable); 3) Proposed signage, with respect to construction, font, illumination, color, and location; 4) Exterior lighting; and 5) Landscaping (where applicable). ADOPTED this th day of 2017. ROBERT MOON MAYOR ATTEST: KATHLEEN D. HART, MMC INTERIM CITY CLERK CERTIFICATION 22 Ordinance No. Page 13 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 KATHLEEN D. HART, M Ordinance No. Page 13 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 KATHLEEN D. HART, M 23 Al P P L M SA9 PLANNING COMMISSION STAFF REPORT ♦ % 4� r ORPOR0.1E0 Ca�lFORN�P DATE: October 11, 2017 PUBLIC HEARING SUBJECT: PROPOSED ORDINANCE TO AMEND THE PALMS SPRINGS ZONING CODE (PSZC) RELATING TO REQUIREMENTS FOR ADULT USE CANNABIS FACILITIES AND MEDICAL CANNABIS FACILITIES (CASE 5.1218-F ZTA). FROM: Department of Planning Services SUMMARY: This is a request to amend the Palm Springs Zoning Code (PSZC) to establish zoning requirements for Adult Use Cannabis Facilities and to make minor modifications to the requirements for Medical Cannabis Facilities. The ordinance proposes the following: • Establish zoning districts where Adult Use Cannabis Facilities may be located; • Institute limits for the number of dispensaries by Census tract, as well as maintaining the separation distance requirement between individual dispensaries; • Allow Medical Cannabis Dispensaries and Adult Use Cannabis Dispensaries in the CBD (Central Business District) and C-1 (Retail Business Zone) districts upon approval of a Conditional Use Permit; and • Require architectural review of storefronts and signage for all Medical Cannabis Dispensaries and Adult Use Cannabis Dispensaries. RECOMMENDATION: Open the public hearing and forward recommendations to the City Council. BACKGROUND INFORMATION: Related Relevant City Actions The City Council adopted Ordinance No. 1758, which established 03/04/09 zoning requirements for Medical Cannabis Cooperatives and Collectives. 02/03/10 The City Council adopted Ordinance No. 1766, modifying zoning requirements for Medical Cannabis Cooperatives and Collectives. L M SA9 �2 u uE m PLANNING COMMISSION STAFF REPORT 4pOgAlE� cq<tFORa�P DATE: October 11, 2017 PUBLIC HEARING SUBJECT: PROPOSED ORDINANCE TO AMEND THE PALMS SPRINGS ZONING CODE (PSZC) RELATING TO REQUIREMENTS FOR ADULT USE CANNABIS FACILITIES AND MEDICAL CANNABIS FACILITIES (CASE 5.1218-F ZTA). FROM: Department of Planning Services SUMMARY: This is a request to amend the Palm Springs Zoning Code (PSZC) to establish zoning requirements for Adult Use Cannabis Facilities and to make minor modifications to the requirements for Medical Cannabis Facilities. The ordinance proposes the following: • Establish zoning districts where Adult Use Cannabis Facilities may be located; • Institute limits for the number of dispensaries by Census tract, as well as maintaining the separation distance requirement between individual dispensaries; • Allow Medical Cannabis Dispensaries and Adult Use Cannabis Dispensaries in the CBD (Central Business District) and C-1 (Retail Business Zone) districts upon approval of a Conditional Use Permit; and • Require architectural review of storefronts and signage for all Medical Cannabis Dispensaries and Adult Use Cannabis Dispensaries. RECOMMENDATION: Open the public hearing and forward recommendations to the City Council. BACKGROUND INFORMATION: Related Relevant City Actions The City Council adopted Ordinance No. 1758, which established 03/04/09 zoning requirements for Medical Cannabis Cooperatives and Collectives. 02/03/10 The City Council adopted Ordinance No. 1766, modifying zoning requirements for Medical Cannabis Cooperatives and Collectives. 24 Planning Commission Staff Report Case 5.1218-F October 11, 2017—Page 2 of 7 Related Relevant City Actions The City Council adopted Ordinance No. 1845, revising the permitting 03/05/14 requirements for Medical Cannabis Cooperatives and Collectives, and increasing the number of permitted facilities. The City Council adopted Ordinance No. 1876, establishing locational 05/20/15 standards for Medical Cannabis Cultivation Facilities and expanding the zoning districts where Medical Cannabis Cooperatives and Collectives are permitted. The City Council adopted Ordinance No. 1908, establishing zoning 12/14/16 requirements for Medical Cannabis Dispensaries, Medical Cannabis Manufacturing Facilities, Medical Cannabis Testing Facilities, and allowing certain medical cannabis uses in the E-1 zone 03/01/17 The City Council adopted Ordinance No. 1916, establishing separation distance requirements between Medical Cannabis Dispensaries. The City Council adopted Ordinance No. 1933, amending the 07/26/17 Municipal Code to add permitting requirements for Adult Use Cannabis-related businesses and making minor modifications to the requirements for Medical Cannabis businesses. On June 27, 2017, Governor Brown signed into law the Medical and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") which consisted of legislation (SB94) intended to provide a comprehensive regulatory framework for the licensing, control, and taxation of medical and adult-use cannabis related businesses in California. MAUCRSA expressly protects a City's local licensing practices and zoning authority, and allows local governments to enact ordinances relative to allowing or prohibiting cannabis-related businesses and activities. The act also requires compliance with any and all local requirements for cannabis-related operations as a condition of state licensure. In response to the adoption of MAUCRSA, the City Council adopted Ordinance No. 1933 on July 26, 2017, which made amendments to Chapter 5.45 of the Palm Springs Municipal Code (PSMC) relative to Medical Cannabis-related business activities, and established Chapter 5.55 for the regulation of Adult Use Cannabis Facilities. With the adoption of business regulations for Adult Use Cannabis Facilities, zoning regulations must also be established to provide locational standards and development requirements for the uses. ANALYSIS: With the adoption of permit requirements for Adult Use Cannabis Facilities, the City Council has directed staff to prepare a Zone Text Amendment to establish zoning requirements for the facilities. The City Council Cannabis Subcommittee specifically requested staff to address the following: • Determine zoning districts where Adult Use Cannabis Facilities may be located; • Allow dispensaries in the CBD (Central Business District) zone upon approval of a Conditional Use Permit, but limit the square footage at the street level similar to Planning Commission Staff Report Case 5.1218-F October 11, 2017 —Page 2 of 7 Related Relevant City Actions The City Council adopted Ordinance No. 1845, revising the permitting 03/05/14 requirements for Medical Cannabis Cooperatives and Collectives, and increasing the number of permitted facilities. The City Council adopted Ordinance No. 1876, establishing locational 05/20/15 standards for Medical Cannabis Cultivation Facilities and expanding the zoning districts where Medical Cannabis Cooperatives and Collectives are permitted. The City Council adopted Ordinance No. 1908, establishing zoning 12/14/16 requirements for Medical Cannabis Dispensaries, Medical Cannabis Manufacturing Facilities, Medical Cannabis Testing Facilities, and allowing certain medical cannabis uses in the E-I zone 03/01/17 The City Council adopted Ordinance No. 1916, establishing separation _ distance requirements between Medical Cannabis Dispensaries. The City Council adopted Ordinance No. 1933, amending the 07/26/17 Municipal Code to add permitting requirements for Adult Use Cannabis-related businesses and making minor modifications to the requirements for Medical Cannabis businesses. On June 27, 2017, Governor Brown signed into law the Medical and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") which consisted of legislation (SB94) intended to provide a comprehensive regulatory framework for the licensing, control, and taxation of medical and adult-use cannabis related businesses in California. MAUCRSA expressly protects a City's local licensing practices and zoning authority, and allows local governments to enact ordinances relative to allowing or prohibiting cannabis-related businesses and activities. The act also requires compliance with any and all local requirements for cannabis-related operations as a condition of state licensure. In response to the adoption of MAUCRSA, the City Council adopted Ordinance No. 1933 on July 26, 2017, which made amendments to Chapter 5.45 of the Palm Springs Municipal Code (PSMC) relative to Medical Cannabis-related business activities, and established Chapter 5.55 for the regulation of Adult Use Cannabis Facilities. With the adoption of business regulations for Adult Use Cannabis Facilities, zoning regulations must also be established to provide locational standards and development requirements for the uses. ANALYSIS: With the adoption of permit requirements for Adult Use Cannabis Facilities, the City Council has directed staff to prepare a Zone Text Amendment to establish zoning requirements for the facilities. The City Council Cannabis Subcommittee specifically requested staff to address the following: • Determine zoning districts where Adult Use Cannabis Facilities may be located; • Allow dispensaries in the CBD (Central Business District) zone upon approval of a Conditional Use Permit, but limit the square footage at the street level similar to 25 Planning Commission Staff Report Case 5.1218-F October 11, 2017—Page 3 of 7 the limitations placed on office uses; • Allow dispensaries in the C-1 (Retail Business Zone) district upon approval of a Conditional Use Permit; • Prevent an over-concentration of dispensaries by limiting the number in each Census tract based upon population; • Require architectural review for dispensary storefronts as a means to New Cannabis-Related Use Categories— Proposed Zoning Districts: Based on the permit categories created under MAUCRSA and included in Chapters 5.45 and 5.55 of the Municipal Code, the following uses would be added to the Zoning Code: • Adult Use Cannabis Dispensary • Adult Use Cannabis Cultivation Facility • Adult Use Cannabis Manufacturing Facility • Adult Use Cannabis Testing Facility • Adult Use Cannabis Transportation and Distribution Facility • Medical Use Cannabis Transportation and Distribution Facility The table below identifies the zoning districts where the new cannabis-related uses would be permitted: Table 1: Zoning Districts Use CBD C-1 C-2 HC C-M I MP M-1 M-2 E-1 A Medical Cannabis Cooperative P P P P P P P or Collectives Medical or Adult Use Cannabis CUP CUP P P P P P P P Dispensary — — Medical or Adult Use Cannabis R R P R R R Cultivation Facility CUP CUP CUP CUP CUP CUP Medical or Adult Use Cannabis LUUR WR WP W12 t_UR Manufacturing Facility CUP CUP CUP CUP CUP Medical or Adult Use Cannabis L-J!P 6UR 6UR LUR LUR Testing Facility CUP CUP CUP CUP CUP Medical or Adult Use Cannabis Transportation &Distribution P P P P P P Facility — — — — — — List of Abbreviations: P= Permitted Use LUP=Land Use Permit CUP= Conditional Use Permit Underlined text is added;sttiskan is removed In addition to the inclusion of new cannabis-related use categories, it is proposed that the approval process for certain uses be revised to become discretionary reviews. As proposed, a Conditional Use Permit would be required for all Cultivation Facilities, Planning Commission Staff Report Case 5.1218-F October 11, 2017—Page 3 of 7 the limitations placed on office uses; • Allow dispensaries in the C-1 (Retail Business Zone) district upon approval of a Conditional Use Permit; • Prevent an over-concentration of dispensaries by limiting the number in each Census tract based upon population; • Require architectural review for dispensary storefronts as a means to New Cannabis-Related Use Categories— Proposed Zoninq Districts: Based on the permit categories created under MAUCRSA and included in Chapters 5.45 and 5.55 of the Municipal Code, the following uses would be added to the Zoning Code: • Adult Use Cannabis Dispensary • Adult Use Cannabis Cultivation Facility • Adult Use Cannabis Manufacturing Facility • Adult Use Cannabis Testing Facility • Adult Use Cannabis Transportation and Distribution Facility • Medical Use Cannabis Transportation and Distribution Facility The table below identifies the zoning districts where the new cannabis-related uses would be permitted: Table 1: Zoning Districts Use CBD C-1 C-2 HC C-M M-- M-1 M-2 E-1 A Medical Cannabis Cooperative P P P P P P P or Collectives Medical or Adult Use Cannabis CUP CUP P P P P P P P Dispensary Medical or Adult Use Cannabis R R R R R R Cultivation Facility CUP CUP CUP CUP CUP CUP Medical or Adult Use Cannabis WID WP WR L412 WR Manufacturing Facility CUP CUP CUP CUP CUP Medical or Adult Use Cannabis L-4R WID WP LUP WR Testing Facility CUP CUP CUP CUP CUP Medical or Adult Use Cannabis Transportation & Distribution P P P P P P Facility — — — — — — List of Abbreviations: P=Permitted Use LUP=Land Use Permit CUP = Conditional Use Permit Underlined text is added;s#iskao text is removed In addition to the inclusion of new cannabis-related use categories, it is proposed that the approval process for certain uses be revised to become discretionary reviews. As proposed, a Conditional Use Permit would be required for all Cultivation Facilities, 26 Planning Commission Staff Report Case 5.1218-F October 11, 2017—Page 4 of 7 Manufacturing Facilities, and Testing Facilities as a means to incorporate a CEQA review, as those uses may have environmental impacts. In addition, it is proposed that a Conditional Use Permit be required for the dispensary use in the CBD and C-1 zoning districts, as a means to assess impacts to adjacent businesses and properties. Separation Distance Requirements: No significant changes are proposed to the existing separation distance requirements for cannabis-related uses. With the allowance of dispensaries in the CBD and C-1 zoning districts, it is proposed that the separation distance requirement from Palm Canyon Drive be eliminated for that specific use. Separation distance requirements would be established for the new uses (Adult Use Dispensary — Accessory Use and Medical or Adult Use Transportation and Distribution Facility), and would mirror the separation requirements for the uses currently in existence. The table below summarizes the proposed separation distance requirements. Table 2: Se aration Distance Requirements MF School Palm Public Playground Use MCCC MCD or TF CF Canyon Residential Public Park AUD TDF Drive Zone Day Care/Child Care Youth Center MCCC None None None 250' 250' 500' MCD or AUD 500' 500' None 250 None 250' 500, MF None None None 250' 250' 500, TF None None None 250' 250' 500' CF None None None None None None TDF I None I None I None I 259 250' 500' List of Abbreviations: MCCC: Medical Cannabis Cooperative or Collective MCD: Medical Cannabis Dispensary AUD: Adult Use Dispensary AUD—Accessory Use: Adult Use Dispensary as an Accessory Use MF: Medical or Adult Use Cannabis Manufacturing Facility TF: Medical or Adult Use Cannabis Testing Facility CF: Medical or Adult Use Cannabis Cultivation Facility TDF: Medical or Adult Use Transportation and Distribution Facility Underlined text is added;striskon text is removed Dispensaries— Limitation by Census Tract: As part of the direction from City Council, staff was requested to investigate limiting dispensaries by Census tract, similar to the method used by the California Department of Alcoholic Beverage Control (ABC) for limiting alcohol licenses. The limitation by Census tract would be in addition to the 500-foot separation distance required between individual dispensaries. The purpose of having both methods in place is to prevent a concentration of dispensaries in any one area, as well as encouraging the distribution of dispensaries equally across the city. Planning Commission Staff Report Case 5.1218-F October 11, 2017— Page 4 of 7 Manufacturing Facilities, and Testing Facilities as a means to incorporate a CEQA review, as those uses may have environmental impacts. In addition, it is proposed that a Conditional Use Permit be required for the dispensary use in the CBD and C-1 zoning districts, as a means to assess impacts to adjacent businesses and properties. Separation Distance Requirements: No significant changes are proposed to the existing separation distance requirements for cannabis-related uses. With the allowance of dispensaries in the CBD and C-1 zoning districts, it is proposed that the separation distance requirement from Palm Canyon Drive be eliminated for that specific use. Separation distance requirements would be established for the new uses (Adult Use Dispensary — Accessory Use and Medical or Adult Use Transportation and Distribution Facility), and would mirror the separation requirements for the uses currently in existence. The table below summarizes the proposed separation distance requirements. Table 2: Separation Distance Requirements MF School MCD or TF Palm Residential Public Playground Use MCCC AUD CF Canyon Zone Public Park TDF Drive Day Care/Child Care Youth Center MCCC None None None 250' 250' 500' MCD or AUD 500, 500' None 250'None 250' 500' MF None None None 250' 250' 500' TF None None None 250' 250' 500, CF None None None None None None TDF None None None 250' 250' 500' List of Abbreviations: MCCC: Medical Cannabis Cooperative or Collective MCD: Medical Cannabis Dispensary AUD: Adult Use Dispensary AUD—Accessory Use: Adult Use Dispensary as an Accessory Use MF: Medical or Adult Use Cannabis Manufacturing Facility TF: Medical or Adult Use Cannabis Testing Facility CF: Medical or Adult Use Cannabis Cultivation Facility TDF: Medical or Adult Use Transportation and Distribution Facility Underlined text is added;striskan text is removed Dispensaries— Limitation by Census Tract: As part of the direction from City Council, staff was requested to investigate limiting dispensaries by Census tract, similar to the method used by the California Department of Alcoholic Beverage Control (ABC) for limiting alcohol licenses. The limitation by Census tract would be in addition to the 500-foot separation distance required between individual dispensaries. The purpose of having both methods in place is to prevent a concentration of dispensaries in any one area, as well as encouraging the distribution of dispensaries equally across the city. 27 Planning Commission Staff Report Case 5.1218-F October 11, 2017—Page 5 of 7 The model used by ABC establishes a maximum number of on-sale and off-sale alcohol licenses based on the population of each Census tract. ABC has adopted the following standard in issuing on-sale and off-sale alcohol licenses: • On-Sale General License: One license per each 2,000 inhabitants (or fraction thereof) • Off-Sale General License: One License per each 2,500 inhabitants (or fraction thereof) Staff would propose to use a similar model that limits the maximum number of dispensaries in each Census tract based upon population. Using the same methodology, it is proposed that one dispensary be allowed per 2,500 inhabitants or fraction thereof. The table below lists the Census tracts and proposed number of dispensaries allowed; a map has been included as an attachment to this report, showing the location and boundaries of each Census tract. Table 3: Dispensaries by Census Tract Census Tract Population Maximum # Permitted 445.20 1,704 1 445.22 4,876 2 446.02 2,907 2 446.04 4,320 2 446.05 4,803 2 446.06 2,852 2 447.01 3,555 2 447.02 2,295 1 448.04 2,850 2 448.05 1,701 1 448.06 1,982 1 448.07 1,281 1 449.04 4,543 1 9405 2,208 1 9407 2,613 2 9408 2,613 2 9410 3,812 2 9411 2,051 j 0* 9412 2,205 1 9413 3,300 2 9414 3,179 2 `Proposed adjustment to the number of dispensaries allowed based upon tract characteristics. It is important to note that Census tracts are not coterminous with City boundaries, and adjustments may be required to account for the population disparity. For example, Census Tract #449.04, which has a population of 4,543 residents, is proposed to have one dispensary as the majority of the population in the tract is located in the jurisdiction of Cathedral City. Similarly, the majority of Census Tract #9411 is within the boundaries Planning Commission Staff Report Case 5.1218-F October 11, 2017 —Page 5 of 7 The model used by ABC establishes a maximum number of on-sale and off-sale alcohol licenses based on the population of each Census tract. ABC has adopted the following standard in issuing on-sale and off-sale alcohol licenses: • On-Sale General License: One license per each 2,000 inhabitants (or fraction thereof) • Off-Sale General License: One License per each 2,500 inhabitants (or fraction thereof) Staff would propose to use a similar model that limits the maximum number of dispensaries in each Census tract based upon population. Using the same methodology, it is proposed that one dispensary be allowed per 2,500 inhabitants or fraction thereof. The table below lists the Census tracts and proposed number of dispensaries allowed; a map has been included as an attachment to this report, showing the location and boundaries of each Census tract. Table 3: Dispensaries by Census Tract Census Tract Population Maximum # Permitted 445.20 1,704 1 445.22 4,876 2 446.02 2,907 2 - - 446.04 4,320 2 446.05 4,803 2 446.06 2,852 2 447.01 3,555 2 447.02 2,295 1 448.04 2,850 2 448.05 1,701 1 448.06 1,982 1 448.07 1,281 1 449.04 4,543 1* 9405 2,208 1 9407 2,613 2 9408 2,613 2 9410 3,812 2 9411 2,051 0* 9412 2,205 1 9413 3,300 2 9414 3,179 2 'Proposed adjustment to the number of dispensaries allowed based upon tract characteristics. It is important to note that Census tracts are not coterminous with City boundaries, and adjustments may be required to account for the population disparity. For example, Census Tract #449.04, which has a population of 4,543 residents, is proposed to have one dispensary as the majority of the population in the tract is located in the jurisdiction of Cathedral City. Similarly, the majority of Census Tract #9411 is within the boundaries 28 Planning Commission Staff Report Case 5.1218-F October 11, 2017— Page 6 of 7 of Cathedral City, and the only portion within the City of Palm Springs is zoned for residential uses, eliminating the possibility for locating a dispensary within that tract. While the table above identifies the maximum number of dispensaries that could be permitted in the City of Palm Springs, the actual number of dispensaries will most likely be less. This is due to the combined factors of separation distance requirements and availability of suitable zoning for cannabis-related uses in each Census tract. The combined zoning tools of separation distance requirements and Census tract limitations will prevent an over-saturation of dispensaries in any one area of the city. Architectural Review— Dispensary Storefronts: A proposed addition to the general standards for cannabis-related uses contained in PSZC Section 93.23.15 is the requirement to review storefronts for dispensary operations through the Architectural Review process. Applicants would be required to file a Minor Architectural Application, which would be reviewed by both the Architectural Advisory Committee (AAC) and the Planning Commission. In addition to reviewing the storefronts for conformance to the standard criteria contained in PSZC Section 94.04.00(D), the AAC and Planning Commission would specifically review the following elements of the sto refro nt: • Exterior colors and materials, including doors and windows; • Awnings; • Exterior lighting; • Landscaping (where applicable); and • Proposed signage, with respect to materials, color, illumination, font, and location on the fagade of the building. It is only proposed that dispensaries be subject to the Architectural Review process; other cannabis-related businesses would not need to go through the Architectural Review process, unless otherwise required for new construction or renovations. ENVIRONMENTAL ANALYSIS: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed zone Text Amendment has been deemed a "project." Staff has determined that the proposed Zone Text Amendment (Case 5.1218-F) may be deemed Categorically Exempt from the provisions of CEQA under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines. The proposed Zone Text Amendment only proposes insignificant changes to land use regulations. NOTIFICATION: A public hearing notice was published in accordance with the requirements of State law and local ordinance. Planning Commission Staff Report Case 5.1218-F October 11, 2017—Page 6 of 7 of Cathedral City, and the only portion within the City of Palm Springs is zoned for residential uses, eliminating the possibility for locating a dispensary within that tract. While the table above identifies the maximum number of dispensaries that could be permitted in the City of Palm Springs, the actual number of dispensaries will most likely be less. This is due to the combined factors of separation distance requirements and availability of suitable zoning for cannabis-related uses in each Census tract. The combined zoning tools of separation distance requirements and Census tract limitations will prevent an over-saturation of dispensaries in any one area of the city. Architectural Review— Dispensary Storefronts: A proposed addition to the general standards for cannabis-related uses contained in PSZC Section 93.23.15 is the requirement to review storefronts for dispensary operations through the Architectural Review process. Applicants would be required to file a Minor Architectural Application, which would be reviewed by both the Architectural Advisory Committee (AAC) and the Planning Commission. In addition to reviewing the storefronts for conformance to the standard criteria contained in PSZC Section 94.04.00(D), the AAC and Planning Commission would specifically review the following elements of the storefront: • Exterior colors and materials, including doors and windows; • Awnings; • Exterior lighting; • Landscaping (where applicable); and • Proposed signage, with respect to materials, color, illumination, font, and location on the fagade of the building. It is only proposed that dispensaries be subject to the Architectural Review process; other cannabis-related businesses would not need to go through the Architectural Review process, unless otherwise required for new construction or renovations. ENVIRONMENTAL ANALYSIS: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed zone Text Amendment has been deemed a "project." Staff has determined that the proposed Zone Text Amendment (Case 5.1218-F) may be deemed Categorically Exempt from the provisions of CEQA under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines. The proposed Zone Text Amendment only proposes insignificant changes to land use regulations. NOTIFICATION: A public hearing notice was published in accordance with the requirements of State law and local ordinance. 29 Planning Commission Staff Report Case 5.1218-F October 11, 2017— Page 7 of 7 Ft'—� Jinn Fagg, AICP Director of Planning Services ATTACHMENTS: 1. Draft Regulations 2. Census Tract Map 3. Ordinance No. 1933 (Chapter 5.45 and Chapter 5.55 of the Municipal Code) Planning Commission Staff Report Case 5.1218-F October 11, 2017 — Page 7 of 7 Jinn Fagg, AICP Director of Planning Services ATTACHMENTS: 1. Draft Regulations 2. Census Tract Map 3. Ordinance No. 1933 (Chapter 5.45 and Chapter 5.55 of the Municipal Code) 30 Attachment #1: Proposed Amendments — Adult Use Cannabis Facilities PSZC Chapter 91.00.10 Definitions. Adult Use Cannabis Facility means any business or operation which engages in adult use cannabis activity. Medical Cannabis Facility means any business or operation which engages in medical cannabis activity. PSZC Chapter 92 — Permitted Uses. Zoning Districts Use CBD C-1 C-2 HC C-M M-1 M-1 M-2 E-1 A Medical Cannabis Cooperative p P P P P P P or Collectives Medical or Adult Use Cannabis CUP CUP P P P P P P P Dispensary Medical or Adult Use Cannabis R R P P R P Cultivation Facility CUP CUP CUP CUP CUP CUP Medical or Adult Use Cannabis NAP WP WP WR WR Manufacturing Facility CUP CUP CUP CUP CUP Medical or Adult Use Cannabis WP LJUP WR 1.412 WR Testing Facility CUP CUP CUP CUP CUP Medical or Adult Use Cannabis Transportation &Distribution P P P P P P Facility — — — — — — List of Abbreviations: P= Permitted Use LUP =Land Use Permit CUP = Conditional Use Permit Underlined text is added;striskentext is removed PSZC 93.23.15 Special Standards for Specified Medical Cannabis Facilities. 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 11 October 2017 Page 1 Attachment #1: Proposed Amendments — Adult Use Cannabis Facilities PSZC Chapter 91.00.10 Definitions. Adult Use Cannabis Facility means any business or operation which engages in adult use cannabis activity. Medical Cannabis Facility means any business or operation which engages in medical cannabis activity. PSZC Chapter 92 — Permitted Uses. Zoning Districts Use CBD C-1 C-2 HC I C-M I MP M-1 M-2 E-1 A Medical Cannabis Cooperative P P P P P P P or Collectives Medical or Adult Use Cannabis CUP CUP P P P P P P P Dispensary Medical or Adult Use Cannabis P R P R R R Cultivation Facility CUP CUP CUP CUP CUP CUP Medical or Adult Use Cannabis WP W12 NCR WR LUR Manufacturing Facility CUP CUP CUP CUP CUP Medical or Adult Use Cannabis tW UJR LUR LUR pip Testing Facility CUP CUP CUP CUP CUP Medical or Adult Use Cannabis Transportation & Distribution P P P P P P Facilit List of Abbreviations: P = Permitted Use LUP=Land Use Permit CUP= Conditional Use Permit Underlined text is added;stfisken tax t is removed PSZC 93.23.15 Special Standards for Specified Medical Cannabis Facilities. 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 11 October 2017 Page 1 31 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 6.35, 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 listed in the table 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 Medical Cannabis Facility or Adult Use 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. Table 2: Separation Distance Requirements MF School Palm Public Playground MCD or TF Residential Use MCCC AUD CF Canyon Zone Public Park TDF Drive Day Care/Child Care _ Youth Center MCCC None None None 250' 250' 500' MCD or AUD 500' 500, None 258'None _ 250' 500'_ MF None None None 250' 250' 500' _ TF None None None 250' 250' 500' _ CF None None None None None None TDF None None None 250' 250' 500' List of Abbreviations: MCCC: Medical Cannabis Cooperative or Collective MCD: Medical Cannabis Dispensary AUD: Adult Use Dispensary ME Medical or Adult Use Cannabis Manufacturing Facility TF: Medical or Adult Use Cannabis Testing Facility CF: Medical or Adult Use Cannabis Cultivation Facility TDF.' Medical or Adult Use Transportation and Distribution Facility 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 11 October 2017 Page 2 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 listed in the table 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 Medical Cannabis Facility or Adult Use 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. Table 2: Separation Distance Requirements MF School MCD or TF Palm Residential Public Playground Use MCCC AUD CF Canyon Zone Public Park TDF Drive Day Care/Child Care Youth Center MCCC None None None 250' 250' 500' MCD or AUD 500' 500' _ None 2W None 250' 500' MF None None None 250' 250' 500' TF None None None 250' 250' 500' CF None None None None None None TDF None None None 250' 250' 500' List of Abbreviations: MCCC: Medical Cannabis Cooperative or Collective MCD: Medical Cannabis Dispensary AUD: Adult Use Dispensary ME Medical or Adult Use Cannabis Manufacturing Facility TF. Medical or Adult Use Cannabis Testing Facility CF: Medical or Adult Use Cannabis Cultivation Facility TDF: Medical or Adult Use Transportation and Distribution Facility 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 11 October 2017 Page 2 32 warehouse/cultivation space. Administrative modifications for this standard may be granted by the City Council pursuant to Section 94.06.01.13. F. Signage Requirements. In addition to the size and area limitations specified in this Chapter, signage for Medical Cannabis Facilities and Adult Use Cannabis Facilities shall be subject to the additional restrictions contained in Chapter 5.35, Chapter 5.45, and Chapter 5.55 of this Code. G. 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 and Adult Use Cannabis Dispensaries. a. Maximum Number Permitted. In addition to the applicable separation distance requirements and locational restrictions listed in this Code, Medical Cannabis and Adult Use Cannabis Dispensaries shall be further limited by Census Tract. The following table lists the maximum number of Dispensaries that are permitted within each Census Tract in the City of Palm Springs: Dispensaries by Census Tract Census Tract Population Maximum # Permitted 445.20 1 ,704 1 445.22 4,876 2 446.02 2,907 2 446.04 4,320 2 446.05 4,803 2 _ 446.06 2,852 2 447.01 3,555 2 447.02 2,295 1 448.04 2,850 2 448.05 1,701 1 448.06 1 ,982 1 448.07 1,281 1 449.04 _4,543 1* 9405 2,208 1 9407 2,613 2 9408 2,613 2 9410 3,812 2 _ 9411 2,051 0* 9412 2,205 1 9413 3,300 2 11 October 2017 Page 3 warehouse/cultivation space. Administrative modifications for this standard may be granted by the City Council pursuant to Section 94.06.01.13. F. Signage Requirements. In addition to the size and area limitations specified in this Chapter, signage for Medical Cannabis Facilities and Adult Use Cannabis Facilities shall be subject to the additional restrictions contained in Chapter 5.35, Chapter 5.45, and Chapter 5.55 of this Code. G. 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 and Adult Use Cannabis Dispensaries. a. Maximum Number Permitted. In addition to the applicable separation distance requirements and locational restrictions listed in this Code, Medical Cannabis and Adult Use Cannabis Dispensaries shall be further limited by Census Tract. The following table lists the maximum number of Dispensaries that are permitted within each Census Tract in the City of Palm Springs: Dispensaries by Census Tract Census Tract Population Maximum # Permitted 445.20 1,704 - 1 445.22 4,876 2 446.02 2,907 2 446.04 4,320 2 446.05 4,803 2 446.06 2,852 2 447.01 3,555 2 447.02 2,295 1 448.04 2,850 2 _ 448.05 1,701 1 448.06 1 ,982 1 448.07 1,281 1 449.04 4,543 1 9405 2,208 1 9407 _ 2,613 2 9408 2,613 2 9410 3,812 2 9411 2,051 0* 9412 2,205 1 9413 3,300 2 11 October 2017 Page 3 33 Dispensaries by Census Tract Census Tract Population Maximum # Permitted 9414 3,179 J 2 'Proposed adjustment to the number of dispensaries allowed based upon tract characteristics. b. Square Footage Restrictions — CBD Zone. Medical Cannabis 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 CBD Zone. Dispensaries (or portions thereof) located above the street/ground level shall not be subject to the square footage restriction. C. Architectural Review. Medical Cannabis and Adult Use Cannabis Dispensaries shall be subject to Architectural Review by the Planning Commission, pursuant to Section 94.04.00(E)(2)(c). The Planning Commission and the Architectural Advisory Committee shall be tasked with reviewing the exterior storefront design subject to the criteria listed in Section 94.04.00(D), with respect to the following elements: 1) Exterior color and materials of the storefront; 2) Awnings (where applicable); 2) Proposed signage, with respect to construction, font, illumination, color, and location; 3) Exterior lighting; and 4) Landscaping (where applicable). 11 October 2017 Page 4 Dispensaries by Census Tract Census Tract Population Maximum # Permitted 9414 3,179 2 "Proposed adjustment to the number of dispensaries allowed based upon tract characteristics. b. Square Footage Restrictions — CBD Zone. Medical Cannabis 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 CBD Zone. Dispensaries (or portions thereof) located above the street/ground level shall not be subject to the square footage restriction. G. Architectural Review. Medical Cannabis and Adult Use Cannabis Dispensaries shall be subject to Architectural Review by the Planning Commission, pursuant to Section 94.04.00(E)(2)(c). The Planning Commission and the Architectural Advisory Committee shall be tasked with reviewing the exterior storefront design subject to the criteria listed in Section 94.04.00(D), with respect to the following elements: 1 ) Exterior color and materials of the storefront; 2) Awnings (where applicable); 2) Proposed signage, with respect to construction, font, illumination, color, and location; 3) Exterior lighting; and 4) Landscaping (where applicable). 11 October 2017 Page 4 34 EXCERPT OF MINUTES At the study session of the Planning Commission of the City of Palm Springs, held October 11, 2017, the Planning Commission took the following action: 2. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO THE PALM SPRINGS ZONING CODE RELATING TO ADULT USE CANNABIS FACILITIES. (CASE 5.1218-F). Planning Director Fagg gave a presentation on the draft ordinance. Chair Weremiuk opened the item for public comment. JOY BROWN MEREDITH noted that she represents both the MainStreet organization and is also the owner of a cooperative/collective. She stated that allowing dispensaries downtown will result in an increase in rents and may impact merchants. She indicated that allowing cannabis-related uses in industrial areas had the result of increasing rents, and many industrial businesses were having to move out of town to cheaper locations. Ms. Meredith also expressed concern that the proposal to base the number of dispensaries on Census tracts would allow too many dispensaries, and that the ordinance was moving too quickly through Planning Commission and City Council without input from stakeholders. JAMES CAMPER stated that he concurred with Ms. Meredith, and that allowing dispensaries by Census tract at a ratio of 1 per 2,500 residents would result in too many dispensaries. He noted issues with oversaturation in Cathedral City, and expressed concern about the viability of existing cooperatives/collectives. The Planning Commissioners discussed the proposal to allow dispensaries in the CBD and C-1 zoning districts. Mr. Hudson commented that in Cathedral City, the cannabis businesses have driven the design-related businesses out of the Perez Road corridor. He expressed concern that dispensaries might have a similar effect in the Uptown District. Commissioner Middleton stated that it may be appropriate to allow dispensaries in the downtown area in the future, but not immediately. Vice Chair Calerdine noted a concern that if the dispensaries were to be shut down by the federal government, it would leave vacant storefronts; in addition, he cautioned that the permitting of dispensaries should occur as a slow expansion. Commissioner Donenfeld also expressed a need to move deliberately in permitting dispensaries, rather than allowing a large number all at once. Chair Weremiuk thought that dispensaries should be located in emerging or redeveloping retail areas, rather than in established areas. While she did not think there was any need to "hide" dispensaries away from shopping districts, she concurred with the other commissioners that the licensing of dispensaries should proceed in a controlled manner. The commission also expressed support for the requirement for Conditional Use Permit approval for dispensaries in all zoning districts. EXCERPT OF MINUTES At the study session of the Planning Commission of the City of Palm Springs, held October 11, 2017, the Planning Commission took the following action: 2. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO THE PALM SPRINGS ZONING CODE RELATING TO ADULT USE CANNABIS FACILITIES. (CASE 5.1218-F). Planning Director Fagg gave a presentation on the draft ordinance. Chair Weremiuk opened the item for public comment. JOY BROWN MEREDITH noted that she represents both the MainStreet organization and is also the owner of a cooperative/collective. She stated that allowing dispensaries downtown will result in an increase in rents and may impact merchants. She indicated that allowing cannabis-related uses in industrial areas had the result of increasing rents, and many industrial businesses were having to move out of town to cheaper locations. Ms. Meredith also expressed concern that the proposal to base the number of dispensaries on Census tracts would allow too many dispensaries, and that the ordinance was moving too quickly through Planning Commission and City Council without input from stakeholders. JAMES CAMPER stated that he concurred with Ms. Meredith, and that allowing dispensaries by Census tract at a ratio of 1 per 2,500 residents would result in too many dispensaries. He noted issues with oversaturation in Cathedral City, and expressed concern about the viability of existing cooperatives/collectives. The Planning Commissioners discussed the proposal to allow dispensaries in the CBD and C-1 zoning districts. Mr. Hudson commented that in Cathedral City, the cannabis businesses have driven the design-related businesses out of the Perez Road corridor. He expressed concern that dispensaries might have a similar effect in the Uptown District. Commissioner Middleton stated that it may be appropriate to allow dispensaries in the downtown area in the future, but not immediately. Vice Chair Calerdine noted a concern that if the dispensaries were to be shut down by the federal government, it would leave vacant storefronts; in addition, he cautioned that the permitting of dispensaries should occur as a slow expansion. Commissioner Donenfeld also expressed a need to move deliberately in permitting dispensaries, rather than allowing a large number all at once. Chair Weremiuk thought that dispensaries should be located in emerging or redeveloping retail areas, rather than in established areas. While she did not think there was any need to "hide" dispensaries away from shopping districts, she concurred with the other commissioners that the licensing of dispensaries should proceed in a controlled manner. The commission also expressed support for the requirement for Conditional Use Permit approval for dispensaries in all zoning districts. 35 Planning Commission Minutes-Excerpt City of Palm Springs October 11,2017—Study Session The commission discussed the proposal to limit the overall number of dispensaries by Census tract, and felt that the proposal allowed too many dispensaries. Vice Chair Calerdine questioned if there would be a better districting system based on commercial districts. Chair Weremiuk asked how many cooperatives/collectives were currently in operation, and suggested that a better way to limit dispensaries would be as a ratio of the population. Commissioner Middleton concurred with the suggestion, and stated that it might be better to limit dispensaries to 1/8,000 residents, and may be expanding to 1/5,000 residents at a later date. Commissioner Donenfeld agreed that it was better to phase in dispensaries over time, rather than using the Census tract model. The Planning Commissioners also reviewed other commercial districts (P, CSC, CDN, C- 1AA) where dispensaries may be permissible. In reviewing the specific locations, the commission determined that these areas would not be appropriate for dispensaries. The commissioners discussed the proposed requirement for architectural review for dispensaries, and supported the requirement provided the Planning Commission had an opportunity to review the storefronts in addition to the AAC. The Planning Commission reviewed the proposed separation distance requirements, and supported the requirements as proposed for the new medical and adult-use cannabis transportation and distribution use. In addition, they recommended that separation distance requirements be added for cultivation uses. The commissioners verified that the separation distance requirements would not prevent cultivation, manufacturing and dispensaries from being located on the same site. Staff presented the draft regulations for on-site consumption of cannabis products to the Planning Commission for consideration. Chair Weremiuk expressed concern about the activity occurring in restaurants were children would be present, questioned how adequate protections could be put in place to protect patrons, and stated that it was bad policy. She stated that she might be in support of an arrangement where the use was limited to adults only and no presence of alcohol. Commissioner Donenfeld concurred with Chair Weremiuk, also expressing the concerns about public safety. Commissioner Middleton supported the idea of an adults-only smoking room or social club, but thought the idea should be pursued at some point in the future, and wanted to see the effectiveness of the adult-use cannabis regulations first. There being no further questions on the matter, the Chair concluded discussion on the item. ACTION: No action taken; discussion item only. 2 Planning Commission Minutes-Excerpt City of Palm Springs October 11,2017—Study Session The commission discussed the proposal to limit the overall number of dispensaries by Census tract, and felt that the proposal allowed too many dispensaries. Vice Chair Calerdine questioned if there would be a better districting system based on commercial districts. Chair Weremiuk asked how many cooperatives/collectives were currently in operation, and suggested that a better way to limit dispensaries would be as a ratio of the population. Commissioner Middleton concurred with the suggestion, and stated that it might be better to limit dispensaries to 1/8,000 residents, and may be expanding to 1/5,000 residents at a later date. Commissioner Donenfeld agreed that it was better to phase in dispensaries over time, rather than using the Census tract model. The Planning Commissioners also reviewed other commercial districts (P, CSC, CDN, C- 1AA) where dispensaries may be permissible. In reviewing the specific locations, the commission determined that these areas would not be appropriate for dispensaries. The commissioners discussed the proposed requirement for architectural review for dispensaries, and supported the requirement provided the Planning Commission had an opportunity to review the storefronts in addition to the AAC. The Planning Commission reviewed the proposed separation distance requirements, and supported the requirements as proposed for the new medical and adult-use cannabis transportation and distribution use. In addition, they recommended that separation distance requirements be added for cultivation uses. The commissioners verified that the separation distance requirements would not prevent cultivation, manufacturing and dispensaries from being located on the same site. Staff presented the draft regulations for on-site consumption of cannabis products to the Planning Commission for consideration. Chair Weremiuk expressed concern about the activity occurring in restaurants were children would be present, questioned how adequate protections could be put in place to protect patrons, and stated that it was bad policy. She stated that she might be in support of an arrangement where the use was limited to adults only and no presence of alcohol. Commissioner Donenfeld concurred with Chair Weremiuk, also expressing the concerns about public safety. Commissioner Middleton supported the idea of an adults-only smoking room or social club, but thought the idea should be pursued at some point in the future, and wanted to see the effectiveness of the adult-use cannabis regulations first. There being no further questions on the matter, the Chair concluded discussion on the item. ACTION: No action taken; discussion item only. 2 36 Planning Commission Minutes-Excerpt City of Palm Springs October 11,2017—Study Session I, TERRI HINTZ, Planning Administrative Coordinator for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 11th day of October, 2017, by the following vote: AYES: N/A NOES: N/A ABSENT: Hirschbein, Lowe Terri Hintz Planning Administrative Coordinator 3 Planning Commission Minutes-Excerpt City of Palm Springs October 11,2017—Study Session I, TERRI HINTZ, Planning Administrative Coordinator for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 11t' day of October, 2017, by the following vote: AYES: N/A NOES: N/A ABSENT: Hirschbein, Lowe Terri Hintz Planning Administrative Coordinator 3 37 EXCERPT OF MINUTES At the Planning Commission meeting of the City of Palm Springs, held October 11, 2017, the Planning Commission took the following action: 2B. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO THE PALM SPRINGS ZONING CODE RELATING TO THE DEVELOPMENT STANDARDS AND LOCATIONAL STANDARDS FOR MEDICAL USE CANNABIS FACILITIES AND ADULT USE CANNABIS FACILITIES (CASE 5.1218-F). Planning Director Fagg provided an overview of the draft ordinance, and also provided a summary of the discussion of the Planning Commission from the study session earlier in the morning. Chair Weremiuk opened the public hearing: JAMES CAMPER questioned the proposed ratio of one dispensary for every 2,500 residents in each census tract, and referenced the over-saturation of dispensaries in Cathedral City. SUSAN BRADLEY, speaking on behalf of Lonnie Swerdlow who was unable to attend, summarized the letter that had been submitted into the record requesting that consideration be given to the on-site consumption of cannabis products. Ms. Bradley urged the commission to consider on-site consumption. VICTORIA NEWBILL cited the Cannabis Cafe in Portland, Oregon, as an example of successful business with on-site consumption of cannabis products, and requested that the commission consider the use. JOY BROWN MEREDITH, representing the MainStreet organization, noted that rents downtown will increase if dispensaries are allowed, and stated that she was opposed to the number of dispensaries that would be permitted under the Census tract proposal. She also expressed concern about the speed at which the proposed ordinance was going through the public hearing process, and was noted that neither the downtown merchants nor the six existing permittees had been advised or consulted on the ordinance. She stated that she was in support of on- site consumption. The commission their recommendations from the study session on the matter of adult-use cannabis zoning regulations: • Do not allow dispensaries in the CBD and C-1 zoning districts at this time. • Require CUP approval for dispensaries in all other zoning districts where allowed, with the Planning Commission to review security plans. EXCERPT OF MINUTES At the Planning Commission meeting of the City of Palm Springs, held October 11, 2017, the Planning Commission took the following action: 2B. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO THE PALM SPRINGS ZONING CODE RELATING TO THE DEVELOPMENT STANDARDS AND LOCATIONAL STANDARDS FOR MEDICAL USE CANNABIS FACILITIES AND ADULT USE CANNABIS FACILITIES (CASE 5.1218-F). Planning Director Fagg provided an overview of the draft ordinance, and also provided a summary of the discussion of the Planning Commission from the study session earlier in the morning. Chair Weremiuk opened the public hearing: JAMES CAMPER questioned the proposed ratio of one dispensary for every 2,500 residents in each census tract, and referenced the over-saturation of dispensaries in Cathedral City. SUSAN BRADLEY, speaking on behalf of Lonnie Swerdlow who was unable to attend, summarized the letter that had been submitted into the record requesting that consideration be given to the on-site consumption of cannabis products. Ms. Bradley urged the commission to consider on-site consumption. VICTORIA NEWBILL cited the Cannabis Cafe in Portland, Oregon, as an example of successful business with on-site consumption of cannabis products, and requested that the commission consider the use. JOY BROWN MEREDITH, representing the MainStreet organization, noted that rents downtown will increase if dispensaries are allowed, and stated that she was opposed to the number of dispensaries that would be permitted under the Census tract proposal. She also expressed concern about the speed at which the proposed ordinance was going through the public hearing process, and was noted that neither the downtown merchants nor the six existing permittees had been advised or consulted on the ordinance. She stated that she was in support of on- site consumption. The commission their recommendations from the study session on the matter of adult-use cannabis zoning regulations: • Do not allow dispensaries in the CBD and C-1 zoning districts at this time. • Require CUP approval for dispensaries in all other zoning districts where allowed, with the Planning Commission to review security plans. 38 Planning Commission Minutes-Excerpt City of Palm Springs October 11,2017 • Do not use the Census tract method for limiting dispensaries; limit dispensaries based on population at a ratio of 1 dispensary per 8,000 residents, with the possibility of decreasing the ratio at a future date. • Implement separation distance requirements for cultivation uses. • Require a CUP for cultivation, manufacturing and testing in all zoning districts where allowed. • Do not allow on-site consumption of cannabis products at this time, due to concerns about maintaining safety for families and separation from alcohol service. In the future, consider separate age-restricted facilities where social consumption of cannabis products could occur. Vice Chair Calerdine suggested that the concept of "cannabis clubs" should be explored, but would request that the Police Department be consulted for issues of public safety. Commissioner Donenfeld stated that it may be appropriate down the line to consider on-site consumption in a restricted setting, but cautioned that adult- use cannabis permitting should occur in small steps, and that it was not necessary to have all adult-use facilities available in January of 2018. Vice Chair Calerdine recommended that the issue of dispensaries in CBD and C- 1 be reviewed in 24 months, and that the issue needed further study and input from stakeholders. He also stated that the dispensaries should be limited to a finite number, and did not support the proposal to limit by Census tracts. Chair Weremiuk stated that the dispensary limitation based on population could be implemented at 1 per 8,000 residents and later decreased to 1 per 5,000 residents once there was experience with the effectiveness of the new adult-use regulations. She also stated that instead of allowing on-site consumption as an auxiliary use, allow it as part of a microbusiness that is age-restricted as a means to address concerns about child safety and separation from alcohol. She also encouraged the City Council to discuss the proposed ordinance with the six existing permittees. Motion: Commissioner Donenfeld, seconded by Vice Chair Calerdine to recommend approval, as amended. I, TERRI HINTZ, Planning Administrative Coordinator for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 11th day of October, 2017, by the following vote: AYES: Donenfeld, Hudson, Middleton, Vice Chair Calerdine, Chair Weremiuk NOES: None ABSENT: Hirschbein, Lowe 2 Planning Commission Minutes-Excerpt City of Palm Springs October 11,2017 • Do not use the Census tract method for limiting dispensaries; limit dispensaries based on population at a ratio of 1 dispensary per 8,000 residents, with the possibility of decreasing the ratio at a future date. • Implement separation distance requirements for cultivation uses. • Require a CUP for cultivation, manufacturing and testing in all zoning districts where allowed. • Do not allow on-site consumption of cannabis products at this time, due to concerns about maintaining safety for families and separation from alcohol service. In the future, consider separate age-restricted facilities where social consumption of cannabis products could occur. Vice Chair Calerdine suggested that the concept of "cannabis clubs" should be explored, but would request that the Police Department be consulted for issues of public safety. Commissioner Donenfeld stated that it may be appropriate down the line to consider on-site consumption in a restricted setting, but cautioned that adult- use cannabis permitting should occur in small steps, and that it was not necessary to have all adult-use facilities available in January of 2018. Vice Chair Calerdine recommended that the issue of dispensaries in CBD and C- 1 be reviewed in 24 months, and that the issue needed further study and input from stakeholders. He also stated that the dispensaries should be limited to a finite number, and did not support the proposal to limit by Census tracts. Chair Weremiuk stated that the dispensary limitation based on population could be implemented at 1 per 8,000 residents and later decreased to 1 per 5,000 residents once there was experience with the effectiveness of the new adult-use regulations. She also stated that instead of allowing on-site consumption as an auxiliary use, allow it as part of a microbusiness that is age-restricted as a means to address concerns about child safety and separation from alcohol. She also encouraged the City Council to discuss the proposed ordinance with the six existing permittees. Motion: Commissioner Donenfeld, seconded by Vice Chair Calerdine to recommend approval, as amended. I, TERRI HINTZ, Planning Administrative Coordinator for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 11th day of October, 2017, by the following vote: AYES: Donenfeld, Hudson, Middleton, Vice Chair Calerdine, Chair Weremiuk NOES: None ABSENT: Hirschbein, Lowe 2 39 Planning Commission Minutes-Excerpt City of Palm Springs October 11,2017 Terri Hintz Planning Administrative Coordinator 3 Planning Commission Minutes-Excerpt City of Palm Springs October 11,2017 Terri Hintz Planning Administrative Coordinator 3 40 Lanny Swerdlow, RN LNC PO Box 918, Cabazon CA 92230 951-849-2040 lannyswerdlowrn(ci)yahoo.com To: Palm Springs Planning Commission October 11. 2017 Request.for the Issuance of Permits Allowing the On-Site Consumption of Cannabis With the passage of Prop. 64, the California electorate recognized that cannabis has additional value to it use as a medicine and legalized it for any adult-use which is often referred to as recreational. As a Registered Nurse I consider its recreational use to be its most valuable attribute. This recreational value is the ability of marijuana to be an effective and enjoyable substitute for alcohol. Along with a copy of this presentation, there is a copy of an article I wrote for Culture magazine entitled Safer 011d Enjoyable Cannabis Lotivers Alcohol Consumption. It clearly and succinctly explains the dangers of alcohol consumption and explains why marijuana is an effective substitute and backs up that assertion with peer- reviewed evidentiary based scientific research. Prop. 64 recognizes that people want to enjoy cannabis in a social setting the same as they do alcohol and provides for communities to allow this use. Prop. 64 Chapter 20 Section 26200(d) permits, with specific restrictions, that "a local inrisdiction ma}-,allow for the smoking, vaporizing, and ingesting of marijuana or marijuana products or., the prernLses of a retailer or mierobusiness licensed under this division. " \ote one of the restrictions is that alcohol and tobacco cannot be consumed at the same location as cannabis. Allowing on-site consumption of marijuana will have financial benefits for many businesses. Providing for an area where on-site consumption is permitted in a restaurant will not only make a patron's meal more enjoyable but will increase the likelihood of patrons ordering desert thereby significantly elevating a restaurant operator's revenue. Allowing the operation of CannaClubs will be of immense benefit to the individual and the community. Having access to a club where dancing or entertainment is provided and cannabis, but not alcohol, can be consumed ill lessen the individual's exposure to the negative health consequences of alcohol and reduce the dangers and damages to the community from its use. The negative health consequences to the individual and dangers to the community from marijuana consumption diminish almost to insignificance compared to the 80,000 deaths annually attributed to alcohol consumption and the estimated $250 billion yearly price tag of the deaths, disease, accidents and loss of productivity it causes. I strongly urge the inclusion of procedures and necessary regulations in the proposed ordinance for the Palm Springs City Council to allow for the issuance of microbusiness licenses specifically tailored to allow on-site consumption of cannabis but no cultivation, manufacture or sales. ttuil} submitted by Lanny Swerdlo�\�, 2N LNC Submitted to Planning Commission OCT 1 12o17 Case# Lanny Swerdlow, RN LNC PO Box 918, Cabazon CA 92230 951-849-2040 Ian nyswerdlowrnCawahoo.com To: Palm Springs Planning Commission October 11. 2017 Request for the Issuance of Permits Allowing the On-Site Consumption of Cannabis With the passage of Prop. 64, the California electorate recognized that cannabis has additional value to it use as a medicine and legalized it for any adult-use which is often referred to as recreational. As a Registered Nurse I consider its recreational use to be its most valuable attribute. This recreational value is the ability of marijuana to be an effective and enjoyable substitute for alcohol. Along with a copy of this presentation, there is a copy of an article I wrote for Culture magazine entitled Safer arul F_•qj(}vabue Cannabis Lowers Alcohol Consumption. It clearly and succinctly explains the dangers of alcohol consumption and explains why marijuana is an effective substitute and backs up that assertion with peer- reviewed evidentiary based scientific research. Prop. 64 recognizes that people want to enjoy cannabis in a social setting the same as they do alcohol and provides for communities to allow this use. Prop. 64 Chapter 20 Section 26200(d)permits, with specific restrictions, that "a local,jurisdiction may allow for the smoking, vaporizing and ingesting of marijuana or marijuana products on the premises of a retailer or rnicrobusiness licensed under this division." Note one ot'the restrictions is that alcohol and tobacco cannot be consumed at the same location as cannabis. Allowing on-site consumption of marijuana will have financial benefits for many businesses. Providing for an area where on-site consumption is permitted in a restaurant will not only make a patron's meal more enjoyable but will increase the likelihood of patrons ordering desert thereby significantly elevating a restaurant operator's revenue. Allowing the operation of CannaClubs will be of immense benefit to the individual and the community. Having access to a club where dancing or entertainment is provided and cannabis, but not alcohol, can be consumed �N ill lessen the individual's exposure to the negative health consequences of alcohol and reduce the dangers and damages to the community from its use. The negative health consequences to the individual and dangers to the community from marijuana consumption diminish almost to insignificance compared to the 80,000 deaths annually attributed to alcohol consumption and the estimated $250 billion yearly price tag of the deaths, disease, accidents and loss of productivity it causes. I strongly urge the inclusion of procedures and necessary regulations in the proposed ordinance for the Palm Springs City Council to allow for the issuance of microbusiness licenses specifically tailored to allow on-site consumption of cannabis but no cultivation, manufacture or sales. :,1, Llliy submitted by ;_,army Swerdlow, RIN LNC Submitted to Planning Commission OCT 112017 41 Cen# ,_6, . /. /R - F Safer and Enjoyable Cannabis Lowers Alcohol Consumption Lanny Swerdlow, RN LNC People love to alter their consciousness. They have been doing so for so long it is plausible humans have evolved a genetic propensity to seek out consciousness altering substances. For most of recorded human history, the chosen substance has been alcohol - a choice that has been a disaster of gargantuan proportions. As a RN providing care in hospitals, I hardly had a single shift in which I was not providing care to at least one patient in a hospital bed due to their use of alcohol - more than one was par for the course. Cirrhosis of the liver, deteriorating heart muscle, pancreatitis, cancer and dementia are just the tip of iceberg of over 60 diseases related to alcohol consumption. In addition to killing 88,000 people a year,the cost to society for health care, loss of productivity and motor vehicle accidents due to alcohol consumption in the U.S. is $249 billion a year or about $2.05 per drink. Worldwide the costs easily exceeds a trillion dollars annually. Prohibition, prayer, meditation and the exhortation of healthcare and religious officials has failed to curb humanity's' appetite for this debilitating substance. Although cannabis use by humans' dates back before recorded history, its use as a substitute for alcohol is absent from historical writings. In Muslim countries, where alcohol is forbidden, the rapid spread of hashish throughout 12th century Persia (now Iran) and North Africa could be attributed to its qualities as an alcohol substitute,but nowhere is that written. There were numerous references in 19" century medical literature for using cannabis to treat opioid addiction. Dr.Ethan Russo noted that the 1902 treatise by Thomas Crothers, Morphinism and Aarcomanias "described all of the addictive substances, from cocaine to caffeine, morphine to nicotine. The only context in which cannabis was mentioned was as a treatment for addiction to other drugs." The first mention of cannabis specifically as a substitute for alcohol was in 2003 when medical marijuana pioneer Dr. Todd Mikiyuria reported in a study published in the medical marijuana journal O'Shaughnessy's that ninety-two Northern Californians had successfully used cannabis to treat their alcoholism. Dr. Mikiyuria stated that"All patients reported benefit, indicating that for at least a subset of alcoholics, cannabis use is associated with reduced drinking." In November 2011 Mark Anderson from Montana State University and Daniel Rees from University of Colorado Denver published research documenting that following the enactment of Montana's medical marijuana laws there was an increase in marijuana use of 19% from the pre- legalization average mean for 18—25 year-old males. Anderson and Rees concluded the increase was directly correlated with a 5.3% decrease in beer consumption. over Safer and Enjoyable Cannabis Lowers Alcohol Consumption Lanny Swerdlow, RN LNC People love to alter their consciousness. They have been doing so for so long it is plausible humans have evolved a genetic propensity to seek out consciousness altering substances. For most of recorded human history, the chosen substance has been alcohol - a choice that has been a disaster of gargantuan proportions. As a RN providing care in hospitals, I hardly had a single shift in which I was not providing care to at least one patient in a hospital bed due to their use of alcohol - more than one was par for the course. Cirrhosis of the liver, deteriorating heart muscle, pancreatitis, cancer and dementia are just the tip of iceberg of over 60 diseases related to alcohol consumption. In addition to killing 88,000 people a year, the cost to society for health care, loss of productivity and motor vehicle accidents due to alcohol consumption in the U.S. is $249 billion a year or about $2.05 per drink. Worldwide the costs easily exceeds a trillion dollars annually. Prohibition, prayer, meditation and the exhortation of healthcare and religious officials has failed to curb humanity's' appetite for this debilitating substance. Although cannabis use by humans' dates back before recorded history, its use as a substitute for alcohol is absent from historical writings. In Muslim countries, where alcohol is forbidden, the rapid spread of hashish throughout 12th century Persia (now Iran) and North Africa could be attributed to its qualities as an alcohol substitute, but nowhere is that written. There were numerous references in 19`h century medical literature for using cannabis to treat opioid addiction. Dr.Ethan Russo noted that the 1902 treatise by Thomas Crothers, Morphinism and Nurconunnias "described all of the addictive substances, from cocaine to caffeine, morphine to nicotine. The only context in which cannabis was mentioned was as a treatment for addiction to other drugs." Theist mention of cannabis specifically as a substitute for alcohol was in 2003 when medical marijuana pioneer Dr. Todd Mikiyuria reported in a study published in the medical marijuana journal O'Shaughnessy's that ninety-two Northern Californians had successfully used cannabis to treat their alcoholism. Dr. Mikiyuria stated that "All patients reported benefit, indicating that for at least a subset of alcoholics, cannabis use is associated with reduced drinking." In November 2011 Mark Anderson from Montana State University and Daniel Rees from University of Colorado Denver published research documenting that following the enactment of Montana's medical marijuana laws there was an increase in marijuana use of 19% from the pre- legalization average mean for 18 —25 year-old males. Anderson and Rees concluded the increase was directly correlated with a 5.3% decrease in beer consumption. over 42 The authors found "that traffic fatalities fall by nearly 9 percent after the legalization of medical marijuana" and concluded that"The negative relationship between legalization of medical marijuana and traffic fatalities involving alcohol is consistent with the hypothesis that marijuana and alcohol are substitutes." Confirming their conclusion that increasing marijuana use leads to decreasing alcohol use was reported in December 2016 by Cowen and Company, a firm specializing in research for industry. The report found that as a result of the marijuana legalization laws in Colorado, Oregon and Washington, beer consumption had decreased by up to 6.4%. Further substantiating these findings, a survey of over 1,500 medical cannabis dispensary members published in the May 2017 Journal of Psychopharmacology reported a 42% percent reduction in the use of alcohol due to their use of marijuana. Like the tobacco executives who knew that cigarette smoking was deadly but hid the horrendous number of annual deaths, alcohol company executives are well aware that cannabis consumption leads to a decrease in alcohol sales. This accounts for their profligate funding of government anti-marijuana programs and their substantial contributions to campaigns opposing marijuana legalization initiatives. It is long past time for health-care professionals to tackle the disastrous consequences of alcohol consumption with a program to re-orient people to consuming cannabis when they seek the pleasurable, socializing, mind numbing, stress reliving and inhibition relaxing effects of alcohol. With none of the debilitating effects of alcohol and many health positive attributes, doctors should recommend cannabis as a substitute. People listen to their doctors. The authors found "that traffic fatalities fall by nearly 9 percent after the legalization of medical marijuana" and concluded that"The negative relationship between legalization of medical marijuana and traffic fatalities involving alcohol is consistent with the hypothesis that marijuana and alcohol are substitutes." Confirming their conclusion that increasing marijuana use leads to decreasing alcohol use was reported in December 2016 by Cowen and Company, a firm specializing in research for industry. The report found that as a result of the marijuana legalization laws in Colorado, Oregon and Washington, beer consumption had decreased by up to 6.4%. Further substantiating these findings, a survey of over 1,500 medical cannabis dispensary members published in the May 2017 Journal of Psychopharmacology reported a 42%percent reduction in the use of alcohol due to their use of marijuana. Like the tobacco executives who knew that cigarette smoking was deadly but hid the horrendous number of annual deaths, alcohol company executives are well aware that cannabis consumption leads to a decrease in alcohol sales. This accounts for their profligate funding of government anti-marijuana programs and their substantial contributions to campaigns opposing marijuana legalization initiatives. It is long past time for health-care professionals to tackle the disastrous consequences of alcohol consumption with a program to re-orient people to consuming cannabis when they seek the pleasurable, socializing, mind numbing, stress reliving and inhibition relaxing effects of alcohol. With none of the debilitating effects of alcohol and many health positive attributes, doctors should recommend cannabis as a substitute. People listen to their doctors. 43 The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs,CA 92262 k E L E I V E D 760-7784578/Fax 760-778-4731 ;1 1 Y OF PIA L H S F'R 1 Ft" . State Of California ss: 2117 OCT 12 AM 8: 49 County of Riverside OFFICE OF THE CITY CLERK Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0002456352 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper(set in type not smaller than non pariel)in each and entire issue of said newspaper and not in any supplement thereof _ _ 'p ' ' ' i 1nl�fri'cGSficL�� on the following dates, to wit: NOTICE OF PUBLIC HEARING Newspaper:The Desert Sun CITY COUNCIL CITY OF PALM SPRINGS 10/7/2017 A ZONING TEXT AMENDMENT TO THE PALM SPRINGS ZONING CODE RELATING TO ADULT USE CANNABIS FACILITIES CASE 5.1218-F I acknowledge that I am a principal clerk of the printer of The Desert Sun, printed and NOTICE IS HEREBY GIVEN that the,City Council of the City of:Palm Springs,California,will hold a under of weekly m the City in Palm d Springs, public hearing at its meeting of October 18,2017. The City Council meeting begins at 6:00 p.m.,in the P Y Y P 9 Council Chamber at City Hall,3200 East Tahquitz Canyon Way,Palm Springs, County of Riverside, State of California. The The purpose of this hearing is to consider an application by the City of Palm Springs to amend the Desert Sun was adjudicated a Newspaper of Palm Springs Zoning Code(PSZC)relating to the development standards and locational standards foi general circulation on March 24, 1988 by the Medical Use Cannabis Facilities and Adult Use Cannabis Facilities. - Superior Court of the County of Riverside, ENVIRONMENTAL DETERMINATION: The City of Palm Springs,in its capacity as the Lead Agency State of California Case No. 191236. under the California Environmental Quality Act (CEQA),has determined that the proposed zoninc code text amendment is Categorically Exempt under Section 15305 (Minor Alterations in Land Use Limitations)of the Guidelines for the California Environmental Quality Act since the,proposed zone text amendment proposes only insignificant changes to the land use designations provisions. REVIEW OF INFORMATION: The proposed ordinance and related documents are available for public I declare under penalty of perjury that the review at City Hall between the hours of 8:00 a.m.and 6:00 p.m., Monday through Thursday. Please foregoing is true and correct. Executed on contact the Office of the City Clerk at(760)323-8204 if you would like to schedule an appointment tc review these documents. this 7th day of OCTOBER, 2017 in Palm COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Springs, C I fdrnia. Hearing and/or in writing before the hearing. Written comments may be made to the City Council bl email at gitycierk@palmsprinascagov,or letter(for mail or hand delivery)to: Kathleen D.Hart,MMC,Interim City Clerk 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 Any challenge of the proposed in court may be limited to raising only those issues raised at the public \ hearing described in this notice,or in written correspondence delivered to the City Clerk at,or prior to the public hearing.(Government Code Section 65009(b)(2)). d An opportunity will be given at said hearing for all interested persons to be heard.,Questions regardinc Declarant this case maybe directed to Flinn Fagg,Director,at(760)323-8245. Si necesita ayuda con esta carta,porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Felipe Primera telefono(760)323-8253. Kathleen D.Hart,MMC Interim City Clerk c z Gevc•s f I 445.21 I Y j 445.22 4,876 r � i 445.20 449.04" 1,704 • 4,543 0 m /f 446.06 446,05, 2,852 ' 4,803" w 446.04 9413 4,320 3,300 446.02 9412 /2,907 /�� 2,205 f 9414� 447.01 447.02 179 3, / f - 3,555 f 21295 / Eau Ramon Road; f 448.06 1,982 ' A � � ' �� '9407 , 448.04 448.05� �2,613` / 2,850 1,701�' E m frp Census Tract]— 0 9405 / ; /9408` 9411 9410 / 2010 Population 2208 / /2,613 / �3,812/ 2,051 nCathedral : 448:07, •la 1 281/111 Legend QCensus Tract Boundaries ar` City Area ,. o�p0.LM Spg I V City of Palm Springs A -01 vV-RN�P' Department of Planning Services 9 CITY OF PALM SPRINGS PUBLIC NOTIFICATION o` +f �4mrr` Date: October 18, 2017 Subject: Case 5.1218-F Relating to Adult Use Cannabis Facilities AFFIDAVIT OF PUBLICATION I, Cynthia A. Berardi, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on October 7, 2017. 1 declare under penalty of perjury that the foregoing is true and correct. Cynthia AllBerardi, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Cynthia A. Berardi, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the City Clerk on October 5, 2017. 1 declare under penalty of perjury that the foregoing is true and correct. r Cynthia A. Berardi, CMC Chief Deputy City Clerk NEIGHBORHOOD SPONSOR REPS Case 5.1218-F ZTA MODCOM AND MR PETE MORUZZI Adult Use Cannabis Facilities PALM SPRINGS MODERN COMMITTEE PHN for CC Meeting10 18 17 HISTORIC SITE REP - �> P.O. BOX 4738 PALM SPRINGS, CA 92263-4738 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT VERIFICATION NOTICE ATTN SECRETARY/5.1218-F ZTA PO BOX 2743 PALM SPRINGS, CA 92263-2743 MRS PATRICIA GARCIA-PLOTKIN, MS MARGARET PARK, DIRECTOR DIRECTOR AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA TRIBAL HISTORIC PRESERVATION OFFICE INDIANS INDIANS AGUA CALIENTE BAND OF CAHUILLA PLANNING &DEVELOPMENT DEPT. INDIANS 5401 DINAH SHORE DRIVE 5401 DINAH SHORE DRIVE PALM SPRINGS, CA 92264 PALM SPRINGS,CA 92264 MR FRANK TYSEN MR JOSEPH ONTIVEROS CASA CODY INN SOBOBA BAND OF LUISENO INDIANS INTERESTED PARTIES '%°1? 175 S. CAHUILLA ROAD CULTURAL RESOURCES MANAGER PALM SPRINGS, CA 92262 P.O. BOX 487 SAN JACINTO, CA 92581 MR MICHAEL MIRELEi EZ MR RAYMOND HUAUTE MR DOUG TODD WELMAS CULTURAL RESOURCE SPECIALIST TnaQGc nnnraTiOU GF GQQDESERT DINGAH in i A TRIBAL CHAIRMAN MORONGO BAND OF MISSION INDIANS CABAZON BAND OF MISSION INDIANS 12700 PUMARRA ROAD —IND 84-245 INDIO SPRINGS PARKWAY BANNING, CA 92220 P.Q. R X 16 92274 INDIO, CA 92203 (As of 05/08/17) MS JACQUELYN BARNUM MR DARRELL MIKE,TRIBAL CHAIRMAN ENVIRONMENTAL DIRECTOR TWENTY-NINE PALMS BAND OF CABAZON BAND OF MISSION INDIANS MISSION INDIANS 84-245 INDIO SPRINGS DRIVE 46-200 HARRISON PLACE INDIO, CA 92201 COACHELLA, CA 92236 SPONSORS 10+4 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS A ZONING TEXT AMENDMENT TO THE PALM SPRINGS ZONING CODE RELATING TO ADULT USE CANNABIS FACILITIES, CASE 5.1218-F NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of October 18, 2017. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by the City of Palm Springs to amend the Palm Springs Zoning Code (PSZC) relating to the development standards and locational standards for Medical Use Cannabis Facilities and Adult Use Cannabis Facilities. ENVIRONMENTAL DETERMINATION: The City of Palm Springs, in its capacity as the Lead Agency, under the California Environmental Quality Act (CEQA) has determined that the proposed zoning code text amendment is Categorically Exempt under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines for the California Environmental Quality Act since the proposed zone text amendment proposes only insignificant changes to the land use designations provisions. REVIEW OF INFORMATION: The proposed ordinance and related documents are available for public review at City Hall between the hours of 8:00 a.m. and 6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by email at cityclerk(dpalmspringsca.gov, or letter (for mail or hand delivery) to: Kathleen D. Hart, MMC, Interim City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. (Government Code Section 65009(b)(2)). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Flinn Fagg, Director, at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Felipe Primera telefono (760) 323-8253. 4� Kathleen D. Hart, MMC Interim City Clerk 45 ccvv• 44;rn 445.21 9 L 446.22 4;76- , 3110 Es .4 4r Ok C 445.20 C 1 449.04 4 f 1,704 • ,543 4 0 m / Fiai Fpp 446.06� 446.05, Mounta, 2,852 /4,803' a 253m 110 1 446.04 ♦ 9413 4,320' 3,300/ ! In t g , 46. / 9412 r /2,907 / /2,205 FU S rm, 9414// /447.01 447.02 ro 31179 / f 3,555� 2,295 E d5{Rhalnfl R(w)!1� /448.06 1,982 �// f9407 , 448.04' / a ,4-- ' 48.05/ f 2,613 ,850/; 1,70177, census Tract —► 9405 /�� `/9408 j / 9410 ' 9411 2010 Population —► 2,208 / r2,613 j 3;812, 2,051 F f ' � �-,7lhedral C ii 448:07n `„ -- 1,281 H Legend ' Census Tract Boundaries ar 42 City Area of a s LM s°r 1 V City of Palm Springs ?,. Cqc„ocN'° Department of Planning Services