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Home My WebLink About6/15/2016 - STAFF REPORTS - 2.C. Q -ALMso Z c v � <.FpoR�\P City Council Staff Report DATE: June 15, 2016 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1892 RELATING TO HOURS OF OPERATION AND MEDICAL CANNABIS CULTIVATION FACILITIES FOR PERMITTED MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1892. RECOMMENDATION: Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1892, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.35.210.D.2, 5.35.340.C.1 , AND CHAPTER 3.35 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HOURS OF OPERATION AND MEDICAL CANNABIS CULTIVATION FACILITIES FOR PERMITTED MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES." STAFF ANALYSIS: On May 18, 2016, Ordinance No. 1892 was introduced for first reading, as noted below: ACTION: 1) Waive the reading of the ordinance text in its entirety; and 2) Introduce for first reading Ordinance No. 1892, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.25.210.D.2, 5.35.240.C.1, AND CHAPTER 3.35 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HOURS OF OPERATION AND MEDICAL CANNABIS CULTIVATION FACILITIES FOR PERMITTED MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES." Motion Councilmember Foat, seconded by Councilmember Roberts, and carried 4-1 on a roll call vote; Mayor Moon voting NO. Item No. 2 . C . ADOPTION OF ORDINANCE NO. 1892 June 16, 2016 Page 2 of 2 On June 1, 2016, Ordinance 1892 was reintroduced as noted below: ACTION: Waive the reading of the ordinance text in its entirety and reintroduce Ordinance No. 1892, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.35.210.D.2, 5.35.340.C.1, AND CHAPTER 3.35 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HOURS OF OPERATION AND MEDICAL CANNABIS CULTIVATION FACILITIES FOR PERMITTED MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES," amending Section 2 of the Ordinance to read, "Each permitted MCCC may operate and maintain one (1) MCCF at its location, subject to the requirements of the City's Zoning Code. Each MCCC may operate and maintain two (2) additional MCCFs as allowed under this Subsection C. Nothing in this Section shall prohibit two or more permitted MCCCs from operating or maintain an MCCF. Motion Councilmember Roberts, seconded by Councilmember Kors and carried 3-2 on a roll call vote; Mayor Pro Tern Mills and Mayor Moon voting NO. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. FISCAL IMPACT: No significant change to City revenue or expenditures is expected as a result of adopting the proposed ordinance. MES THOMPSON DAVID H. READY Chief of Staff/City clerk City Manager /kd h Attachment: Ordinance No. 1892 02 ORDINANCE NO. 1892 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.35.210.D.2, 5.35.340.C.1, AND CHAPTER 3.35 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HOURS OF OPERATION AND MEDICAL CANNABIS CULTIVATION FACILITIES FOR PERMITTED MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES. City Attorney's Summary Under the current provision of the Palm Springs Municipal Code, Medical Cannabis Collectives or Cooperatives (MCCCs) can operate between the hours of 9:00am and TOOpm and to engage in cultivation activities at their respective dispensing location and one off-site Medical Cannabis Cultivation Facility (MCCF). This Ordinance will allow each MCCC to operate between the hours of 9:00am and 10:00pm or such hours as the Council may establish. This Ordinance also will allow an MCCC that does not cultivate at its dispensing location to operate an additional MCCF. This Ordinance also corrects certain municipal code references in Chapter 3.35 of the Palm Springs Municipal Code. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1 . Section 5.35.210.D.2 off the Palm Springs Municipal Code is amended to read: 2. The MCCC shall only be open between the hours of 9:00 a.m. and 10:00 p.m., or during such hours as the City Council may allow by ordinance or resolution. SECTION 2. Section 5.35.340.C.1 of the Palm Springs Municipal Code is amended to read: 1. Each permitted MCCC may operate and maintain one (1) MCCF at its location, subject to the requirements of the City's Zoning Code, Each MCCC may operate and maintain two (2) additional MCCFs as allowed under this Subsection C. Nothing in this Section shall prohibit two or more permitted MCCCs from operating or maintaining an MCCF. SECTION 3. All references to Palm Springs Municipal Code Section 93.23.15 in Palm Springs Municipal Code Chapter 3.35 are hereby amended to refer to and read as "Chapter 5.35 of this Code." SECTION 4. 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 03 Ordinance No. 1892 Page 2 published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. ADOPTED THE 1ST DAY OF JUNE, 2016. ROBERT MOON, MAYOR ATTEST: JAMES THOMPSON, 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, hereby certify that Ordinance No. 1892 is a full, true and correct cop�r, and was introduced at a regular meeting of the Palm Springs City Council on the 18t day of May, 2016, reintroduced at a regular meeting of the City Council held on the 15t day of June, 2016, and adopted at a regular meeting of the City Council held on the 15th day of June, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 04 The Desert Sun ' 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 R E C Ei y ED 760-778-4578/Fax 760-778-4731 Cl T Y OF PALM S P R I N G S State Of California ss: HIS JUI N 27 AM 8: 23 County of Riverside 1AMESTHOMPSON CITY CLERK Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0001368899 lam 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 NY g�'903 ORDINANCE NO 1692 }' ~ 6/22/2 016 WORDINANCE OF THE CITY OF�PALM SPRINGS,CALIFORNIA,AIv1ENOING SEC- ; .TIONS 5.3 .210 p.2,5 35.340 C.1,AND CHAPTER 3:35 OF THE PALM:SPkfNGS -'MUNICIPAL CODE,:REanISIG TO HOURSOF OPERATION ANO MEDICALCANNA 1. BIS CULTIVATION FACILITIES FOR PERMITTED MEDICALCANNABm COCLECrIVE5 9 .wS AND CpOPERATIVES. r l Cdy Ar OM%MsSummary �b jaerthe urrentWonslon of the As mYprings Mumclppal I acknowledge that I am a principal clerk of the nab(fGollectives ar Coa Natives'MoCCS))tim opperate`between fhe bs7rs of., "9 g0am antl7.pOPman�to anIg WufWatloh a¢i "6's at Mevmp?cn1'e , printer of The Desert Sun, printed and ..,yu>enrngI ttanandodoff-s`deMed¢alCannab&Curtivahoh;fdc�IrtY v published weekly in the City of Palm Springs, `(„teen, 7hlsOrdmanceWdlall yveachMCCCiooperatetrety,MaO@h}+hpgrsof, P Y y9:00amyndt0;00pm orsdEHh6'ZVm'sthe round/msy esi6blrsh Thys Ordinance County of Riverside, State of California. The ^al:owrtlanoWan;MccCCF, iso,Incunroaceattudlyen:rrsyl¢c�trogoop erd'r alto ddltidna/MCCF This Ordinance a8o corrects rertam Mugm�e€o e l in radd cei9niCTlapter3,35-ofthePalmSpnngsMumupJCodad- Desert Sun was adjudicated a Newspaper of ;., r cERTIF1CAnON, I b general circulation on March 24, 1986 by the OUFITY DF RI E IDE ss ,v # Superior Court of the County of Riverside, (TvoF haLr1PRINGs.1 .� State of California Case No. 191236. Clerk Pf the City of Pualm SPr9 hera4Y s;.'J I LAMES THOMPSON, m' rid w s mtta iertify tlret�I durance No"1892is a full We andm ect sopY @h tlUce at a Feg4lar meeting of the Palln SPnngs Oty w oVn�ct�unill heltd�the' :May,2016;reiMrodured'at a fegular tneenny,of'the�G Cst'day wf June,201 f Jun adoppted at a regular meeting of Rh'e City dounol held on the i5th day o of June 2016,by the following vote _... ". AYES Coumllmem ber Foat,Counalmember Kors and - I declare under penalty of perjury that the Coundimember Roberts NOES: - Mayor Pro Tem Mills,and Mayor Moon. foregoing is true and correct. Executed On ABSENT:s None. !ABSTAIN: None. this 22nd day Of JUNE, 2016 In Palm ;JAM ES THOMP50N,CITY CLERK i Clttyy of palms rin s California Springs, California. Published 6/]3/201617, cr, r Na 894 NOTICE OF eETi210N TO ADMINISTER ESTATE OF: Declarant 10-\l 1 b aL