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Home My WebLink About1908 ORDINANCE NO. 1908 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 93.23.15, 92.17.2.00, AND SUBSECTION F OF SECTION 92.17.2.03 OF THE PALM SPRINGS MUNICIPAL CODE (PSMC) RELATING TO MEDICAL CANNABIS FACILITIES; AMENDING SECTIONS 92.15.01.C, 92.16.01 .C, 92.17.01.C, 92.17.1.02, 92.17.2.00, AND 92.17.2.01.0 RELATING TO MEDICAL CANNABIS MANUFACTURING AND MEDICAL CANNABIS TESTING FACILITIES IN THE C-M, M-1-P, M-1, M-2, AND E-1 ZONES OF THE CITY; AND AMENDING SECTIONS 92.14.01.A, 92.14.1.01 .A, 92.15.01 .A, 92.16.01.A, 92.17.01 .A, 92.17.1.01.A, AND 92.18.01 .A RELATING TO MEDICAL CANNABIS DISPENSARY FACILITIES IN THE C-2, H- C, C-M, M-1-P, M-1, M-2, AND A ZONES OF THE CITY. City Attorney Summary This Ordinance amends provisions of the City's Zoning Code to establish additional zoning regulations for certain medical facilities that could be permitted under the implementation of the Medical Cannabis Regulation and Safety Act. This Ordinance will only go into effect upon the effective date of Ordinance No. 1909, the Comprehensive Medical Cannabis Ordinance. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Sections 92.15.01.0 (C-M Zone), 92.16.01.0 (M-1-P Zone), 92.17.01.0 (M-1 Zone), 92.17.1.02.0 (M-2 Zone), and 92.17.2.01.0 (E-I Zone) are amended to add Medical Cannabis Manufacturing Facility and Medical Cannabis Testing Facility as uses permitted by Land Use Permit in such zones. SECTION 2. Sections 92.14.01.A (C-2 Zone), 92.14.1.01.A (Highway Commercial Zone), 92.15.01.A (C-M Zone), 92.16.01.A (M-1-P Zone), 92.17.01.A (M-1 Zone), 92.17.1.01.A (M-2 Zone), and 92.18.01.A (Airport Zone) are amended to add Medical Cannabis Dispensary use as a permitted use in such zones. SECTION 3. Section 92.17.2.00 of the Palm Springs Municipal Code is amended to read: 92.17/2/00 "E-I" Energy Industrial Zone. The "E-I" energy industrial zone is intended to provide areas for alternative energy development and limited industrial and cultivation uses in those areas which by virtue of strong prevailing winds are ideally suited for large-scale development of wind energy. Alternative energy development is intended as the principal land use. The retention of open space is encouraged. No industrial use shall be permitted which, by the nature of its development or operation, will in any way adversely affect the resort environment of the City. Ordinance No. 1908 Page 2 SECTION 4. Subsection F of Section 92.17.2.03 of the Palm Springs Zoning Ordinance is amended to read: F. Coverage. Where a site is developed or approved for wind energy or other alternative energy purposes, any industrial use thereon shall not occupy an area greater than fifteen (15) percent of any lot or planned development. Where a site is not so developed or approved, coverage shall not exceed sixty (60) percent of any lot or planned development. SECTION 5. Section 93.23.15 of the Palm Springs Municipal Code is amended to read: 93.23.15 Special Standards for Specified Medical Cannabis Facilities. A. No land use entitlement, permit (including building permit) approval, site plan, certificate of occupancy, zoning clearance, or other land use authorization for a MCCC, Medical Cannabis Dispensary (MCD), Medical Cannabis Manufacturing Facility (MCMF), Medical Cannabis Cultivation Facility (MCCF), or Medical Cannabis Testing Facility (MCTF) (collectively "Medical Cannabis Facilities") shall be granted or permitted except in conformance with this Section. B. Medical 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 or 5.45 of this Code. Prior to initiating operations and as a continuing requisite to conducting operations, the legal representative of the persons wishing to operate a Medical Cannabis Facility shall obtain a regulatory permit from the City Manager under the terms and conditions set forth in Chapter 5.35 or Chapter 5.45 of this Code and shall otherwise fully comply with the provisions of this Section. C. No MCCC, MCD, MCMF, or MCTF shall be established, developed, or operated within two-hundred fifty (250) feet of Palm Canyon Drive or any residential zone property; within five hundred (500) feet of a school, public playground or park, child care or day care facility, or youth center. 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 MCCC, MCD, MCMF, MCTF 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. Any MCCF in excess of ten thousand (10,000) square feet shall operate only within the E-1 and the M-2 Zones. D. A Medical Cannabis Facility is not and shall not be approved as an accessory use to any other use permitted by this Zoning Code. MCCC and MCCF facilities may be located on the same parcel or on the same premises as otherwise permitted by this Zoning Code. E. Except within the E-I Zone, where M-2 standards shall apply, a Medical Cannabis Facility shall be parked at a rate of one (1) space for every two hundred fifty (250) gross Ordinance No. 1908 Page 3 square feet of office space, and one (1) space for every eight hundred (800) feet of warehouse/cultivation space. Administrative modifications for this standard may be granted by the City Council pursuant to Section 94.06.01.B. SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage or upon the effective date of Ordinance No. 1909, whichever occurs last. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 14T" DAY OF DECEMBER, 2016. ROBERT MOON, AYOR ATTEST: l% JAMES THOMPSON, CITY CLERK Ordinance No. 1908 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1908 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on 7th day of December, 2016, and adopted at a regular meeting of the City Council held on the 14th day of December, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and Mayor Moon. NOES: None. ABSENT: None. ABSTAIN: Mayor Pro Tern Mills. �,dIaMES THOMPSON, CITY CLERK v City of Palm Springs, California fy/td12Q1