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Home My WebLink About10/19/2016 - STAFF REPORTS - 3.A. *?ALMS'. R .y c+ V N 4R CO e' c'04,F01ttN%P City Council Staff Report DATE: October 19, 2016 LEGISLATION SUBJECT: INITIATION OF AN AMENDMENT TO THE CITY'S ZONING CODE REGARDING MEDICAL CANNABIS DISPENSARIES, MANUFACTURING FACILITIES, CULTIVATION FACILITIES, AND TESTING FACILITIES. FROM: David Ready, City Manager BY: Douglas Holland, City Attorney SUMMARY The Council's Subcommittee on Medical Cannabis is recommending the City Council initiate and refer to the Planning Commission an ordinance amending the City's Zoning Code to allow medical cannabis facilities (cultivation, manufacturing, dispensaries, and testing) under the recently adopted Medical Cannabis Regulation and Safety Act (MCRSA) to operate in the City. These various amendments are intended to ensure that there will not be any conflicts in the City's Zoning Code when the Council considers a proposed ordinance the Subcommittee is currently reviewing related to the implementation of MCRSA later this year. RECOMMENDATION: 1. Intitiate and refer to the Planning Commission for hearing, review, and recommendation a zone text amendment entitled "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.15.01.C, 92.16.01.C, 92.17.01.C, 92.17.1.02, 92.17.2.00 92.17.2.01 .C, 93.23.15, AND SUBSECTION F OF SECTION 92.17.2.03 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO MEDICAL CANNABIS DISPENSARIES, MEDICAL CANNABIS MANUFACTURING, AND MEDICAL CANNABIS CULTIVATION FACILITIES IN THE M-1 , M-2, AND E-1 ZONES OF THE CITY." STAFF ANALYSIS: The City currently regulates medical cannabis cooperatives or collectives and medical cannabis cultivation through zoning and locational requirements of the City's Zoning Code and the operational requirements provided in Chapter 5.35 of the Palm Springs ,,,(� ITEM NO._;lY,__ City Council Staff Report October 19 2016 -- Page 2 Medical Cannabis Municipal Code. Medical cannabis cultivation under the City's current code provisions is only allowed to be performed by City permitted medical cannabis collectives or cooperatives. The Medical Cannabis Regulation and Safety Act (MCRSA), adopted by the State late last year, will allow the City to approve various medical cannabis facilities that will not be restricted to non-profit collective or cooperative operators. The Subcommittee is reviewing various options and approaches for the implementation of MCRSA in the City, including an expansion of cultivation opportunities within the E-1 and M-2 Zones. Amendments to the City's Zoning Code will be necessary to accommodate these opportunities. Amendments to the Zoning Code are required to be reviewed by the City's Planning Commission. The Subcommittee is recommending Council initiate and refer the Zoning Code amendments to the Planning Commission for hearing, review, and recommendation in accordance with the provisions of the City's Zoning Code. Additional revisions to the City's regulatory programs will be presented to the City Council along with the Planning Commission's recommendations on the attached Zoning Code amendments at a future meeting of the City Council. ENVIRONMENTAL ASSESSMENT: An amendment to the City's Zoning Code is a "project" as defined by CEQA and will be environmentally assessed prior to or concurrently with its review by the Planning Commission and prior to submission to the City Council. FISCAL IMPACT: No fiscal impact. r t Dougl s Holland, City Attorney David Ready, City Man Attachment: Draft Ordinance 02 1058537.1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.15.01.C, 92.16.01.C, 92.17.01.C, 92.17.1.02, 92,17.2.00 92.17.2.01.C, 93.23.15, AND SUBSECTION F OF SECTION 92.17.2.03 OF THE PALM SPRINGS MUNICIPAL CODE (PSMC) RELATING TO MEDICAL CANNABIS DISPENSARIES, MEDICAL CANNABIS MANUFACTURING, AND MEDICAL CANNABIS CULTIVATION FACILITIES IN THE M-1, M-2, AND E-1 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. 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. 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. SECTION 3. 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 and the building pad proposed thereon is at least five hundred 03 Ordinance No. _ Page 2 (500) feet from the nearest wind energy or alternate energy facility, coverage shall not exceed sixty (60) percent of any lot or planned development. SECTION 4. 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, youth center, or church. 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. 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-1 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 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 94.06.01.13. SECTION 5. 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 04 Ordinance No. _ Page 3 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 2016. ROBERT MOON, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 05 Ordinance No. _ 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. 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 09 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.15.01 .C, 92.16.01.C, 92.17.01.C, 92.17.1 .02, 92.17.2.00 92.17.2.01.C, 93.23.15, AND SUBSECTION F OF SECTION 92.17.2.03 OF THE PALM SPRINGS MUNICIPAL CODE (PSMC) RELATING TO MEDICAL CANNABIS DISPENSARIES, MEDICAL CANNABIS MANUFACTURING, AND MEDICAL CANNABIS CULTIVATION FACILITIES IN THE C-M, M-1-P, M-1 , M-2, AND E-1 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 Council's adoption of an 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. 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. SECTION 3. 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) wq�' Ordinance No. Page 2 percent of any lot or planned development. Where a site is not so developed or approved and the building pad proposed thereon is at least five hundFed (500) feet from the nearest ,A.:nd energy or alternate „ y fanlnt„ coverage shall not exceed sixty (60) percent of any lot or planned development. SECTION 4. 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, youth center, or church. 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. 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 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. Ordinance No. _ Page 3 SECTION 5. 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 2016. ROBERT MOON, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Ordinance No. 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. 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 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.15.01.C, 92.16.01.C, 92.17.01.C, 92.17.1.02, 92.17.2.00 92.17.2.01.C, 93.23.15, AND SUBSECTION F OF SECTION 92.17.2.03 OF THE PALM SPRINGS MUNICIPAL CODE (PSMC) RELATING TO MEDICAL CANNABIS DISPENSARIES, MEDICAL CANNABIS MANUFACTURING, AND MEDICAL CANNABIS CULTIVATION FACILITIES IN THE C-M, M-1-P, M-1, M-2, AND E-1 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 Council's adoption of an 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-1 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. 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. SECTION 3. 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) \t7 to 201b i'�c��nY�al (n(lk6�a,1� him �K Ordinance No. _ Page 2 percent of any lot or planned development. Where a site is not so developed or approved and the building pad proposed thereon is at least five hundred (500) feet from the nearest wind energy or alternate energy facility, coverage shall not exceed sixty (60) percent of any lot or planned development. SECTION 4, 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, youth center, or church. 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. 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 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 94.06.01.13. Ordinance No. _ Page 3 SECTION 5. 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 2016. ROBERT MOON, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Ordinance No. _ 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. 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