HomeMy WebLinkAbout5/18/2016 - STAFF REPORTS - 3.A. �pA�M Sa
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q<.F000 City Council Staff Report
DATE: May 18, 2016 LEGISLATIVE
SUBJECT: PROPOSED ORDINANCE 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
FROM: David Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
Under the current provisions of the Palm Springs Municipal Code, Medical Cannabis
Collectives or Cooperatives (MCCCs) can operate between the hours of 9:OOam and
7:OOpm 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.
RECOMMENDATION:
Waive text and introduce for first reading an Ordinance No. "AN
ORDINANCE OF 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."
ENVIRONMENTAL ASSESSMENT:
Staff has reviewed the proposed amendment to the Palm Springs Municipal Code and
determined that it can be seen with certainty that there is no possibility that the proposed
ordinance may have a significant adverse effect on the environment. Therefore,
consideration and approval of the ordinance is not subject to the California Environmental
ITEM NO. 'J
City Council Staff Report
May 18, 2016 -- Page 2
Medical Cannabis
Quality Act (CEQA), and no further study is needed. (Refer to 15061(b)(3) of the CEQA
Guidelines.)
FISCAL IMPACT:
No significant change to City revenue or expenditures is expected as a result of
adopting the proposed ordinance.
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Douglas Holland, City Attorney David Ready, City Ma r
Attachments:
Proposed Ordinance
02
1058537.1
ORDINANCE NO.
AN ORDINANCE OF 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.
CityAttorney'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 7:OOpm 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 9:00a.m. and
10:00p.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, subject
to the requirements of the City's Zoning Code. In the event a permitted MCCC
does not engage in cultivation operations at its Location as allowed under
Subsection A of this Section, and only for so long as the permitted MCCC does
not so engage in cultivation at its Location, such MCCC may operate and
maintain one (1) additional MCCF as allowed under this Subsection C. Nothing
in this Section shall prohibit two or more permitted MCCCs from operating or
maintaining an MCCF.
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1 141766.1 1
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 published and posted pursuant to the provisions of law and this
Ordinance shall take effect thirty (30) days after passage.
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