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Home My WebLink About3/1/2017 - STAFF REPORTS - 1.D. �pALM gAP iy V N C4<lROAN�P City Council Staff Report DATE: March 1, 2017 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1916, AMENDING THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO SEPARATION DISTANCE REQUIREMENTS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES AND MEDICAL CANNABIS DISPENSARIES FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1916. RECOMMENDATION: 1. Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 1916, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION C OF SECTION 93.23.15 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO LOCATIONAL REQUIREMENTS FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY." STAFF ANALYSIS: On February 15, 2017, Ordinance No. 1916 was introduced for first reading, as noted below: ACTION: 1) Waive reading of the full text in its entirety and introduce on first reading by title only, Ordinance No. 1916, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION C OF SECTION 9323.15 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO LOCATIONAL REQUIREMENTS FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY." Motion by Councilmember Roberts, seconded by Mayor Pro Tem Foat, and unanimously carried on a roll call vote. ITEM NO. 1 �' ADOPTION OF ORDINANCE NO. 1916 March 1, 2017 Page 2 of 2 This report provides for the City Council to waive further reading and adopt the ordinancem The ordinance shall be effective 30-days from adoption. Kathleen D. Hart, MMC David H. Ready, Esq.eFIMT . Interim City Clerk City Manager /cab Attachment: Ordinance No. 1916 02 ORDINANCE NO.1916 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION C OF SECTION 93.23.15 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO LOCATIONAL REQUIREMENTS FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY. City Attorney Summary This Ordinance amends provisions of the City's Zoning Code to establish locational requirements for Medical Cannabis Dispensaries in the City. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Subsection C of Section 93.23.15 of the Palm Springs Zoning Code is amended to read: 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. No MCD shall be established, developed, or operated within five hundred (500) feet of another MCD or any MCCC. 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 94.06.01.6. Any MCMF in excess of ten thousand (10,000) square feet shall operate only within the E-I and the M-2 Zones. SECTION 2. 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. PASSED, APPROVED, AND ADOPTED THIS 1ST DAY of MARCH, 2017. ROBERT MOON, MAYOR 03 Ordinance No. 1916 Page 2 ATTEST: KATHLEEN D. HART, MMC INTERIM CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1916 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 15th day of February, 2017, and adopted a regular meeting of the Palm Springs City Council on the 15t day of March, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN D. HART, MMC INTERIM CITY CLERK 04 Terri Milton From: Matthew Shapiro <matthew@shapiro.legal> Sent: Tuesday, February 28, 2017 5:35 PM To: CityClerk Subject: March 1st Council Meeting Item 1D Palm Springs City Council- I am writing in regards to Item 1 D on the agenda for the March 1, 2017 Palm Springs City Council meeting. [SECOND READING AND ADOPTION OF ORDINANCE NO. 1916, AMENDING THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO SEPARATION DISTANCE REQUIREMENTS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES AND MEDICAL CANNABIS DISPENSARIES.] As Council was informed previously, the Planning Commission received public testimony at the January 1 Ith meeting requesting that the distance separation requirement not be applied to qualified applicants who had previously applied, but not been awarded, an MCCC permit. Planning Commission unanimously supported this recommendation and has forwarded this request to City Council for consideration. At previous Council meeting, the Council expressed little interest in considering the recommendations of the Planning Commission. With the City's previous expression of having little desire to suppress competition locally in the medical cannabis industry, it would be an unfortunate oversight in the efforts to create an economic landscape that encourages competition if this arduous and unnecessary limitation on geographic location is placed on the "budding" cannabis industry in Palm Springs. I humbly request that Palm Springs City Council adopt the recommendation by Planning Commission and place language in the ordinance providing a carve out exception to the new distance separation requirements for previous applicants who have not yet been awarded a permit. I make myself available to Council and City Staff to address and questions or concerns in regards to this matter. Matthew Shapiro Law Office of Matthew Shapiro 750 B Street, Suite 3300 San Diego, CA 92101 Phone: (858) 859-2420 Fax: (619) 839-3708 CONFIDENTIALITY NOTICE: This e-mail message and any attachments are only for the use of the intended recipient and may contain sensitive, privileged, or confidential information. If you are not the intended recipient, any disclosure, distribution or other use of this e-mail message or attachments is prohibited. Any reproduction or redistribution for the purpose of public disclosure is forbidden without written permission by the sender. If you have received this e-mail message in error, please delete and notify the sender immediately. t The Desert sun 750 N Gene Autry Trail Certificate of Publication Palm springs, CA 92262 RECEIVED 780-7784578/Fax 760-778-4731 CITY OF PALM S P R I N G State Of California ss: 2017 MAR ►5 AM 10: 02 County of Riverside OFFICE OF THE CITY CLERK Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0001988142 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 panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: The Desert Sun 3/11/2017 I acknowledge that I am a principal clerk of the ,'t Q t§E �PB d iG printer of The Desert Sun, printed and Y i i a: published weekly in the City of Palm Springs, County of Riverside, State of California.The `STATE oacwP NTW- Desert Sun was adjudicated a Newspaper of GOU0,krVERSIOE i CrrV OF PALM�SPRIT cs q j general circulation on March 24, 1988 by thefi � �Superior Court of the County of Riverside, try@ 'oa,� apCOrft—M State of California Case No. 191236. I the art Lay,epr� fet a yaN , Ythe iol,°svi� " >x AV 'T' �cT� �A } M,{Is FR rts� y ePf°reRrr°dt en !A S b ABSTAIN oqe _ * i sEd•im*a�v.�i + i declare under penalty of perjury that the RECTsED zA foregoing is true and correct. Executed on this Nth day ARCH, 2017 in Palm s Springs. Cal' nia.(_. - r .•• + Declarant The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 760-778-45781 Fax 760-778-4731 RECEIVED CITY OF PALM SPRING'S State Of California ss: 2017 MAR 15 AM 10: 02 County of Riverside OFFICE OF TNE CITY CL`eft ; Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0001988142 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 parial)in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper:The Desert Sun 3/11/2017 I acknowledge that I am a principal clerk of the e p c i 1ii a1 printer of The Desert Sun, printed and published weekly in the City of Palm Springs, County of Riverside, State of California.The Desert Sun was adjudicated a Newspaper of general circulation on March 24, 1988 by the 1'C°NmY#.RNERINGS :may CNYAF PALM SPRINGS Superior Court of the Countyof Riverside, I S `r(' , h A nARTj W.1ha I erk h€t'4'NyzO'}�P81m5�'IR)3�+RafEbG rt Ordm3 ce o.-t `II frG ntlm d State of California Case No. 191236. d poet 4 r q�ag ttll��a m spf n(� 'y cQ �n`o°n y" , ey;, y p{ "$ijOpeea 5 Fi4 larefi he ,5 l the in xl [y7ayNf�0�17ypythefollllow YoM�Tufta c�ZP ;" .,�eHgf?t , AYES Co c e 53 o Mill r f�M rro F b �p g rJFr+r�#� }. atl ay4rrrT Pab,a d7 $ e NOESllon2' n'flp F ( �` - qqA6SEKT 1 T I declare under penalty of perjury that the ECUSE n e -^ '�,--.-:— EwsE RAN foregoing is true and correct. Executed on ¢KATH a. this 11th day o RCH, 2017 in Palm ;,', I. R "� Springs, Cali la. Declarant CITY OF PALM SPRINGS PUBLIC NOTIFICATION Date: March 13, 2017 Subject: Ordinance 1916 AFFIDAVIT OF PUBLICATION I, Cynthia A. Berardi, Interim Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice was published in the Desert Sun on March 11, 2017. 1 declare under penalty of perjury that the foregoing is true and correct. Cynthia A. Bera di, CMC Interim Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Cynthia A. Berardi, Interim Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice 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 or before March 9, 2017. 1 declare under pen Ity of perjury that the foregoing is true and correct. Cynthia A. Ber rdi, CMC Interim Chief Deputy City Clerk ORDINANCE NO.1916 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION C OF SECTION 93.23.15 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO LOCATIONAL REQUIREMENTS FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY. City Attorney Summary This Ordinance amends provisions of the City's Zoning Code to establish locational requirements for Medical Cannabis Dispensaries in the City. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1916 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 15'h day of February, 2017, and adopted a regular meeting of the Palm Springs City Council on the 16t day of March, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None LL KATHLEEN D. HART, MMC INTERIM CITY CLERK ORDINANCE NO.1916 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION C OF SECTION 93.23.15 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO LOCATIONAL REQUIREMENTS FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY. City Attorney Summary This Ordinance amends provisions of the City's Zoning Code to establish locational requirements for Medical Cannabis Dispensaries in the City. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Subsection C of Section 93.23.15 of the Palm Springs Zoning Code is amended to read: 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. No MCD shall be established, developed, or operated within five hundred (500) feet of another MCD or any MCCC. 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.B. Any MCMF in excess of ten thousand (10,000) square feet shall operate only within the E-1 and the M-2 Zones. SECTION 2. 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. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 1ST DAY of MARCH, 2017. ROBERT MOON, MAYOR ATTEST: KATHLEEN D. HART, MMC INTERIM CITY CLERK Ordinance No. 1916 Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1916 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 15th day of February, 2017, and adopted a regular meeting of the Palm Springs City Council on the 1et day of March, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None KATHLEEN D. HART, MMC INTERIM CITY CLERK