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Home My WebLink About2/15/2017 - STAFF REPORTS - 2.C. 4�,pALM S'b .y W u N FOR��p CITY COUNCIL STAFF REPORT DATE: February 15, 2017 LEGISLATIVE SUBJECT: PROPOSED ORDINANCE TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO SEPARATION DISTANCE REQUIREMENTS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES AND MEDICAL CANNABIS DISPENSARIES (CASE 5.1218-E ZTA). FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney SUMMARY The proposed ordinance will institute distance separation requirements for medical cannabis dispensaries. This proposed amendment augments other changes to the City's medical cannabis regulations which were adopted by City Council on December 14, 2016 (Ordinance #1908 and #1909). As the proposed change requires an amendment to the zoning code, the proposal was forwarded to the Planning Commission for a hearing at their meeting of January 11, 2017. Upon consideration and discussion of the matter, the Planning Commission voted to recommend approval of the proposed distance separation requirement to the City Council. RECOMMENDATION: Waive the reading of the text and introduce for first reading Ordinance No. , "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: The proposed ordinance would initiate a locational requirement for any proposed new dispensaries, but would not impact the six facilities that have been approved by City Council to date. The proposal would prohibit any new dispensaries from locating within 500 feet of any co-op, collective, or other dispensary. This requirement would minimize ITEM NO. 3' C SKr PALM SA O Y N • M1�Obo.rto`S Cq<,FOR CITY COUNCIL STAFF REPORT DATE: February 15, 2017 SUBJECT: PROPOSED ORDINANCE TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO SEPARATION DISTANCE REQUIREMENTS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES AND MEDICAL CANNABIS DISPENSARIES (CASE 5.1218-E ZTA). FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney SUMMARY The proposed ordinance will institute distance separation requirements for medical cannabis dispensaries. This proposed amendment augments other changes to the City's medical cannabis regulations which were adopted by City Council on December 14, 2016 (Ordinance #1908 and #1909). As the proposed change requires an amendment to the zoning code, the proposal was forwarded to the Planning Commission for a hearing at their meeting of January 11, 2017. Upon consideration and discussion of the matter, the Planning Commission voted to recommend approval of the proposed distance separation requirement to the City Council. RECOMMENDATION: Waive the reading of the text and introduce for first reading Ordinance No. , "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: The proposed ordinance would initiate a locational requirement for any proposed new dispensaries, but would not impact the six facilities that have been approved by City Council to date. The proposal would prohibit any new dispensaries from locating within 500 feet of any co-op, collective, or other dispensary. This requirement would minimize ITEM NO. t' ;OF P A`M SA4 iy G u a *' �abuiee •'' • C4OPOIL CITY COUNCIL STAFF REPORT DATE: February 15, 2017 PUBLIC HEARING SUBJECT: PROPOSED ORDINANCE TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO SEPARATION DISTANCE REQUIREMENTS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES AND MEDICAL CANNABIS DISPENSARIES (CASE 5.1218-E ZTA). FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney SUMMARY The proposed ordinance will institute distance separation requirements for medical cannabis dispensaries. This proposed amendment augments other changes to the City's medical cannabis regulations which were adopted by City Council on December 14, 2016 (Ordinance #1908 and #1909). As the proposed change requires an amendment to the zoning code, the proposal was forwarded to the Planning Commission for a hearing at their meeting of January 11, 2017. Upon consideration and discussion of the matter, the Planning Commission voted to recommend approval of the proposed distance separation requirement to the City Council. RECOMMENDATION: 1) Open the public hearing and receive public testimony. 2) Waive the reading of the text and introduce for first reading Ordinance No. , "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: The proposed ordinance would initiate a Iocational requirement for any proposed new dispensaries, but would not impact the six facilities that have been approved by City Council to date. The proposal would prohibit any new dispensaries from locating within 500 feet of any co-op, collective, or other dispensary. This requirement would minimize ITEM NO. 2-- C_._ City Council Staff Report February 15, 2017 -- Page 2 Case 5.1218-E— Medical Cannabis Facilities over-concentration of dispensaries in the City or in any specific area of the City and encourage dispersal to ensure that access to medicine is reasonably available for all patients. The City Council Subcommittee on Medical Cannabis has requested that the Planning Commission review the proposed amendment for recommendation. The following tables detail the existing and proposed separation distance requirements for the various Medical Cannabis facilities: Separation Distance Requirements MCMF Palm School Uses MCCC MCD MCTF Canyon Res. Playground MCCF Drive Zone Park Etc. MCCC (Cooperative or None None None 250' 250' 500' Collective Separation Distance Requirements MCMF Palm School Uses MCCC MCD MCTF Canyon Res. Playground MCCF Drive Zone Park Etc. MCD 500' 500 None 250' 250' 500, Dis ensar Separation Distance Requirements MCMF Palm School Uses MCCC MCD MCTF Canyon Res. Playground MCCF Drive Zone Park Etc. MCMF None None None 250' 250' 500' Manuf. Facility) MCTF None None None 250' 250' 500' Tes ling Facilit MCC' None None None None None None Cultivation Underlined text indicates proposed modifications: standard text indicates existing requirements. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the proposed distance separation requirements at their meeting of January 11, 2017; the commission voted to approve the amendment as proposed. At the meeting, the commission received public testimony requesting that the distance separation requirement not be applied to qualified applicants who had previously been considered for one of the City's six permits, but were not awarded a permit. The 02 City Council Staff Report February 15, 2017-- Page 3 Case 5.1218-E— Medical Cannabis Facilities Planning Commission supported the recommendation, and would forward the request for consideration by City Council. 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-E) 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. 1 Douglas and / David Ready, PhD., City Attor ey City Manager Attachments: 1. Draft Ordinance 03 ORDINANCE NO. 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 94.06.01.13. 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 day of 2017. ROBERT MOON, MAYOR 04 Ordinance No. _ Page 2 ATTEST: KATHLEEN D. HART, MMC, INTERIM CITY CLERK 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. 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: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 05 CITY OF PALM SPRINGS PUBLIC NOTIFICATION Date: February 15, 2017 Subject: ZTA Re Separation Distance Requirements for Medical Cannabis Cooperatives or Collectives or Dispensaries AFFIDAVIT OF PUBLICATION I, Cynthia A. Berardi, CMC, Interim 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 February 4, 2017. 1 declare under penalty of perjury that the foregoing is true and correct. Cynthia A. Berardi, CMC Interim Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Cynthia A. Berardi, CMC, Interim 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 February 2, 2017. 1 declare under penalty of perjury that the foregoing is true and correct. Cynthia A. Berardi, CMC Interim Chief Deputy City Clerk AFFIDAVIT OF MAILING I, Cynthia A. Berardi, CMC, Interim 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 mailed to each and every person on the attached list on February 2, 2017, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (10 notices) I declare under penalty of perjury that the foregoing is true and correct. �/-�17"j-//��—,—- Cynthia A. Berardi, CMC Interim Chief Deputy City Clerk 06 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS A ZONING TEXT AMENDMENT TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO SEPARATION DISTANCE REQUIREMENTS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES AND MEDICAL CANNABIS DISPENSARIES CASE 5.1218-E ZTA NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of February 15, 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) regarding the separation distance requirements for Medical Cannabis Cooperatives or Collectives and Medical Cannabis Dispensaries. ENVIRONMENTAL DETERMINATION: 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-E) 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. REVIEW OF PROJECT 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 can be made to the City Council by email at City.Clerk(@palmspringsca.gov or letter (for mail or hand delivery) to: Kathleen D. Hart, MIMIC, Interim City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project 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 of Planning Services, 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 x 8742. I Kathleen D. Hart, MMC, Interim City Clerk 07 NEIGt�BpR'"o ' SO EPS "' # MODCOJN1jD MR PETE MORUZZI ' � a $ PALM SPRINGS MODERN COMMITTEE PHN fogC�111eetin 2517 .•7. HISTORIC SITE REP.a P.O. BOX 4738 PALM SPRINGS, CA 92263-4738 CITY OF PALM SPRINGS PLANNING SERVICS JERIFICATION NOTI¢EY. ATTN SECRETARY E5.1D218AE TMENT PO BOX 2743 PALM SPRINGS, CA 92263-2743 MRS PATRICIA GARCIA-PLOTKIN, MS MARGARET PARK, DIRECTOR DIRECTOR 'AGUA CAQENTE BI ND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA TRIBAL HISTORIC PRESERVATION OFFICE 1f�DS ., •,-0 �-0 b ;�' 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 u Y CASA CODY INN SOBOBA BAND OF LUISENO INDIANS IREufD2TIEt�d CULTURAL RESOURCES MANAGER • .;� � x,;;-+ 175 S. CAHUILLA ROAD P.O. BOX 487 PALM SPRINGS, CA 92262 SAN JACINTO, CA 92581 MR RAYMOND HUAUTE MR MICHAEL MIRELEZ MR DOUG TODD WELMAS CULTURAL RESOURCE SPECIALIST CULTURAL RESOURCE COORDINATOR TRIBAL CHAIRMAN MORONGO BAND OF MISSION INDIANS TORRES MARTINEZ DESERT CAHUILLA CABAZON BAND OF MISSION INDIANS 12700 PUMARRA ROAD INDIANS 84-245 INDIO SPRINGS PARKWAY THERMAL, CA BANNING, CA 92220 P.O. BOX , CA 92274 INDIO, CA 92203 MS JACQUELYN BARNUM ENVIRONMENTAL DIRECTOR CABAZON BAND OF MISSION INDIANS 84-245 INDIO SPRINGS PARKWAYINDIO, CA 92203 • SPONSORS z-0��r•4Y�s r n r tqe` Terri Milton From: Matthew Shapiro <matthew@shapiro.legal> Sent: Monday, February 13, 2017 11:55 AM To: CityClerk Cc: William Cooper Subject: Feb 15th Council Meeting Item 2C Palm Springs City Council- I am writing in regards to Item 2C on the agenda for the February 15th, 2017 Palm Springs City Council meeting. [PROPOSED ORDINANCE TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO SEPARATION DISTANCE REQUIREMENTS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES AND MEDICAL CANNABIS DISPENSARIES (CASE 5.1218-E ZTA).] As Council was informed in the Staff Report, 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. Southern C's Collective has been diligently working towards lawful permitted operation in Palm Springs for approximately four (4) years now and has spent an enormous amount of time, money, and effort to comply with the City's ordinances so that they may operate after being awarded a permit. While previous applications have not been awarded, Southern C's has become a valuable member to the Palm Springs Medical Cannabis community. It would be inequitable to place such a burden restraining commerce on Southern C's after so many resources has been expended to comply with Palm Springs ordinances. 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. Regards- 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. oz 01r7 Aa�t�d�Qc IY1� � irisL �e,,n z . L� The Desert Sun 750 N Gene Autry Trail Certificate of Publication �EIV ED Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 C1T Y of Ep A LN State Of California ss: 2p11 FEB t 3 AH Jo..Ol County of Riverside ��jq i;LcFi'• Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0001903949 AW Now am over the age of 18 years old, a citizen of - Y sHa NCJ`�l);E b�,$U,BLI tEARIf�G y ,, ;� rn AT the United States and not a party to,or have * CfrY O,'pU IL d"' TO1vff e °'"' '" " ' '°°`�`IJ vNCI 'i S r J iYx ` �'.: interest in this matter.I herebycertify that the r , '� nz r 1 n,,�„ , r� fY vDITY OF�AM�^RRItfG53+u h rti au+ twlnrem attached advertisement appeared in said { wm�n n9 �k.T I PP AZONIN TEXT AMENDMENf70`AMEND'7HEP` 7S CO E C s newspaper(set in type not smaller than non Fi l. 9 TKO SEPA,I'AAA. N DISTA„„��CE FirOUIR, FAR f' °rC N1N fS, I panel) C,Q I Tf S OR C [`1'- S 1D M D N IS D SP 1SA 1� s�+�s anel in each and entire issue of said s non Tnnnat sMa Gntk q 5 f: newspaper and not in any supplement thereofa CASE 5,1g'(8 E ZfA„s ter.,-,x �s4 �- - t�OTICEIS,FtEREBY'GivEN thyme'Oi�'Go,GnclloP,twhe„'CIofPl �S�pfir�Qs GIrfo rla�3llll on the following dates,to wit: �: - ms at hold a pi bllt h4 at i g fneeting of�ebnlary 16 2017�Tha City Launcfl meeting e9 N Newspaper:The Desert Sun 6 9 j rm; I the Council Ct�ar�befaPCityF{ I, 'E00 Ea@ �afiglfitz o'E ay„E,'plr( prin9s• o A 71iw ��m 4t 'k.� The ur4oseho^ttlisheanrisit8'c6nslderen'applicattlonb}FtfiNia•C)ly'ofPaeny'�S�rin$s'oarjrern7 2/4/2017 d e01n,� p��rtgs ghing,�'30�$ SLC);regardingthesea hOrl lstan �9quiremt �r Ir;atCan °ahisryCoop§raatwpsbrtolrAlVS .andLJ`te.�i,`' abl§',fDis�0 ,^ ,;;� . Ae i E O�4Wit I E' F MINATION ,Pur8W1a L-tdtheGgA HIM'Erwt 1 �ntal 1' (C `Gul'��Iijtas;'the'p]ord'aed Zone Text gmenslmenttrastn�deecneda p$oj �' tatf atem,jgsd thet ge"popas eii,Zorle Text, e t �n? G#� 12 `E) Mae acknowledge that I am a principal clerk of the C o 'ea�ry`Ezem irom the provisions of CEOA under; o`; 'Mmdr �ntL ° dn printer of The Desert Sun, printed and `a ' o`Lj `tw ' a('JIYe uidelines uThe p posedrLoppe Te no envbmyrpr poses t ,,� � r � published weekly in the City of Palm Springs, aftslg if dh�3rt 0s tcile-d us ja ?A�ls ru ux f >agce-lnet r 7 per=bs y r n rrd3 .r s County of Riverside, State of California.The REV If C;1 I�ORMATI0�+�:,1 ne p'bs cJ d q�Epe nd'je a� ' btg4,iir,�e Desert Sun was adjudicated a Newspaper of at ilatiie for pubs yy -. sal betwe a roure oK8 00 a m end n 6�Orp m f M fN1ay general circulation on March 24, 1988 by the m oul'fh Thursday)SPletft� O rta a 28 2 41?ldf Superior Court of the County of Riverside, kke,to gchedule apomtme ,. COMMENT UNS 4 IS p�PLIfrATION ResQorfse in't is:notiee. a made verpall ,,atrthe State of California Case No. 191236. public Heanng and/or m wntin�'�before.the 11enq etmade to tfie City Council by email at CV..CleA'paliis f TleB �iI ehr�t ddliq@r yt � �.s ,rJrt, t,am >i+ a w,1Jt14 B�nuXsi of r+idvK.athleen V g et kn dG W te, � ,y°��a}.,1 �fue .._3 �T �uG4`nb 3rra --R m- 3200E .0 n � PalmSprf�tgslAi822@�` h�.'4tax '. Pt I declare under penalty of perjury that the Any challengeiof ttie prop ild-prolectln j:bgr lhay� M nfy�t.ose is ues b t3r i �Ir foregoing is hue and correct. Executed on raised At-the,pub it:heanng rles'cfnbed,�h,�fil�s,g � ,. ,�� ,+ this 4th day BRUARY, 2017 in Palm to ffli CJ,�rk a,orpnor o',the pubkc heann ( ov inm h i,� uest2�lo`ns Springs, C rnia. An oppt�t�r}�d�'wi�b`e,given, said hearing To t la n Se�ry cos at regard'ng this ' a may qe duetted to 7-4 F 9„ . 32 . " ''. Y � ' 1 ds Tablar bn it d on es�a arts polfavor II 8 li I ' ' 9Y Puede con Fe pe Prime ra,telefono 8l5)323-8253 x 874 eFl�n City lark 1 Declarant