HomeMy WebLinkAbout23938 RESOLUTION NO. 23938
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN
APPLICATION BY JOY OF LIFE WELLNESS CENTER
FOR A PERMIT TO OPERATE MEDICAL CANNABIS
COLLECTIVE OR COOPERATIVE AT 142 OASIS ROAD,
PALM SPRINGS, CALIFORNIA, 92262 (ZONE M1).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. On June 17, 2015, The City Council adopted Ordinance 1879. This
Ordinance increased the number of permits available in the City for Medical Cannabis
Cooperatives/Collectives uses and revised a few of the City's locational requirements
Medical Cannabis Cooperatives/Collectives; and
B. On August 20, 2015, the City Clerk issued notice of the application period
to permit one cannabis cooperative or collective in the City of Palm Springs, with the
filing deadline of Monday, October 19, 2015; and
C. The City Manager had overseen the evaluation of each of the applications
submitted and has overseen the review of the supplemental information submitted as
part of the current process; and
D. Joy of Life Wellness Center (the "Applicant") is a Medical Cannabis
Cooperative/Collective that filed an application pursuant to Section 5.35
"Comprehensive Medical Cannabis Regulatory Program" of the Palm Springs Municipal
Code for a permit to operate a Medical Cannabis Cooperative/Collective at 142 Oasis
Road, Palm Springs, CA 92262, which application was received during the submittal
period noted above and evaluated by the City; and
E. Notices of public hearing of the City Council of the City of Palm Springs to
consider the Medical Cannabis Cooperatives/Collective applications, including the
application of Applicant, were given in accordance with applicable law; and
F. On December 16, 2015, a public hearing on the applications for Medical
Cannabis Cooperative/Collectives, including the application submitted by Applicant, was
held by the City Council in accordance with applicable law; and
G. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the meeting on the project, including but not limited to the
staff report, and all written and oral testimony presented; and
H. The City Council further finds that the City Council established and
thereafter amended the Comprehensive Regulatory Program for Medical Cannabis
Cooperatives and Collectives, which exists as part of the Municipal Code and is
intended to ensure the health, safety, and welfare of the residents of the City by
Resolution No. 23938
Page 2
enacting a limitation on the establishment of medical cannabis cooperatives/collectives
within the City, and to provide additional locational restrictions for such establishments.
The City Council therefore finds that the Medical Cannabis Cooperatives/Collectives
allowed under the Palm Springs Municipal Code Section 5.35 and the locational
requirements provided for in Section 93.23.15 of the Zoning Code will promote the
public health and safety by reducing the potential for the types of secondary negative
effects caused by Medical Cannabis Cooperatives/Collectives experienced in other
communities.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:
SECTION 1. Pursuant to the California Environmental Quality Act ("CEQA")
guidelines, the application has been determined to be a Project under the definition of
CEQA. The case has been evaluated and staff has made a determination that the
application is "Categorically Exempt' from further analysis under CEQA in accordance
with CEQA Section 15303 (New Construction or Conversion of Small Structures).
SECTION 2. The obligations of the Medical Cannabis Cooperative/Collective
receiving a permit, including all on-going and continuing obligations required pursuant to
any provision of Section 5.35 of the Municipal Code as well as any conditional approval
shall be set forth in a covenant running with the land or the leasehold interest, approved
as to form by the City Attorney and enforceable by the City. Such covenant shall also
provide that the cooperative or collective shall annually provide to the City Manager an
updated application containing the information contained in Section 5.35.200 of the
Municipal Code.
SECTION 3. City Council approves the application of Joy of Life Wellness
Center and approves the issuance of a regulatory permit to Joy of Life Wellness Center
pursuant to Palm Springs Municipal Code Section 5.35 to operate a Medical Cannabis
Cooperative/Collective at 142 Oasis Road, Palm Springs, CA 92262. These actions are
subject to the conditions contained in Exhibit A attached to this Resolution. Failure to
timely comply with any of the provisions of this Resolution or any condition of approval
will result in the commencement of revocation proceedings as provided in Chapter 5.35
of the Municipal Code.
SECTION 4. An administrative modification is approved for Joy of Life Wellness
Center to operate a medical cannabis collective or cooperative at 142 Oasis Road,
Palm Springs, California, 92262 as the property is located within 250 feet of one
residentially-zoned property. However, physical barriers exist between the property and
the residential property. The City Council finds:
a. The requested modification is consistent with the general plan, any applicable
specific plan, and the overall objectives of the Zoning Code; and
b. The neighboring properties will not be adversely affected as a result of the
approval or conditional approval of the modification; and
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Page 3
c. The approval or conditional approval of the modification will not be detrimental
to the health, safety, or general welfare of persons residing or working on the site or in
the vicinity of the site; and
d. The approval of the modification is justified by environmental features, site
conditions, location of existing improvements, or historic development patterns of the
property or neighborhood.
SECTION 5. The Medical Cannabis Cooperative/Collective permit is valid for
one year, and the permittee is responsible for and required to reapply for a renewal
permit 30-days prior to the expiration, pursuant to Chapter 3.35 of the Palm Springs
Municipal Code and/or other regulation approved by the City Manager.
SECTION 6. The Medical Cannabis Cooperative/Collective shall be open and
operating for at least four (4) hours, five (5) days a week within sixty-five (65) days of
the effective date of this Resolution.
SECTION 7. This Resolution shall take effect immediately upon adoption.
Signatures on the following page.
Resolution No. 23938
Page#
PASSED APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 16T" DAY OF DECEMBER, 2015.
DAVID H. READY, CITYARf GER
ATTEST:
AMES 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
Resolution No. 23938 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 16t" day of December,
2015, by the following vote:
AYES: Councilmember Kors, Mayor Pro Tem Mills, and Mayor Moon.
NOES: Councilmember Foat and Councilmember Roberts.
ABSENT: None.
ABSTAIN: None.
�MES THOMPSON, CITY CLERK
City of Palm Springs, California ,•,, '.= -;'
RESOLUTION NO. 23938
EXHIBIT A
Joy of Life Wellness Center
December 16, 2015
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Manager, City Engineer, the Director of Planning Services, the
Director of Building and Safety, the Chief of Police, the Fire Chief or their designee,
depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the permit described Joy of Life
Wellness Center; except as modified with the conditions in this Resolution,
including exhibits thereto.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans on file in the Office the City Clerk,
Director of Planning Services, and the Director of Building and Safety,
including without limitation site plans, architectural elevations, exterior
materials and colors, landscaping, and security systems except as modified
by the conditions below.
ADM 3. Conform to all Codes and Regulations. The applicant shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply, including
without limitation all provisions of Chapters 3.35 and 5.35 and Section
93.23.15 of the Palm Springs Municipal Code.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
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Conditions of Approval-- Page 2 of 9
Medical Cannabis Cooperative/Collective
officers concerning this Permit. The City of Palm Springs will promptly notify
the applicant of any such claim, action, or proceeding against the City of Palm
Springs and the applicant will either undertake defense of the matter and pay
the City's associated legal costs or will advance funds to pay for defense of
the matter by the City Attorney. If the City of Palm Springs fails to promptly
notify the applicant of any such claim, action or proceeding or fails to
cooperate fully in the defense, the applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon
the matter without the applicant's consent but should it do so, the City shall
waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. Covenant. The obligations of the Medical Cannabis Cooperative or
Collective, including all on-going and continuing obligations required pursuant
to any provision of Chapter 5.35 of the Palm Springs Municipal Code or as
may be provided in any conditional approval of the City Manager or the City
Council, shall be set forth in a covenant running with the land or the leasehold
interest, approved as to form by the City Attorney, and enforceable by the
City. Such covenant shall also provide that the cooperative or collective shall
annually provide to the City Manager an updated application containing the
information required under Chapter 5.35 of the Palm Springs Municipal
Code. To the fullest extent permitted by law, the City shall not assume any
liability whatsoever, and expressly does not waive sovereign immunity, with
respect to medical cannabis, or for the activities of any Medical Cannabis
Cooperative or Collective. Upon receiving possession of a regulatory permit
as provided in this Section, the collective or cooperative shall:
a. Execute an agreement indemnifying the City.
b. Carry insurance in the amounts and of the types that are acceptable
to the Risk Manager.
C. Name the City as an additionally insured.
d. Agree to defend at its sole expense, any action against the City, its
agents, officers, and employees as a result of any and all issues of
such approval or operations.
e. Agree to reimburse the City for any court costs and attorney fees that
the City may be required to pay as a result of any claim or any action
or proceeding at law or equity. The City may, at its sole discretion,
participate at its own expense in the defense of any such action, but
such participation shall not relieve the operator of its obligation
hereunder.
ADM 7. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
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Conditions of Approval--Page 3 of 9
Medical Cannabis Cooperative/Collective
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 9. Cause No Disturbance. The owner shall monitor outdoor parking areas,
walkways, and adjoining properties and shall take all necessary measures to
ensure that customers do not loiter, create noise, litter, or cause any
disturbances while on-site. The owner and operator shall ensure that at
closing time, all customers leave the property promptly and that the property
is clean and secure before the owner/operator leaves the premises. The
Police Chief, based upon complaints and/or other cause, may require on-site
security officers to ensure compliance with all City, State, and Federal laws
and conditions of approval. Failure to comply with these conditions may
result in revocation of this permit, temporary business closure or criminal
prosecution.
ADM 10. Grounds for Revocation. Non-compliance with any of the conditions of this
approval or with City codes and ordinances, State laws; any valid citizen
complaints or policing and safety problems (not limited to alcohol
consumption, noise, disturbances, signs, non-payment of any portion of taxes
due, etc) regarding the operation of the establishment; as determined by the
City Manager, Chief of Police, or the Director of Building and Safety, may
result in proceedings to revoke the Permit. In addition, any violation of the
City Codes and Ordinances will result in enforcement actions which may
include citations, arrest, temporary business closure, or revocation of this
permit in accordance with law.
ADM 11. Comply with City Noise Ordinance. The cooperative or collective shall
comply with the provisions of Section 11.74 Noise Ordinance of the Palm
Springs Municipal Code. Violations may result in revocation of this Permit.
ADM 12. Comply with all laws. The cooperative or collective shall comply fully with all
of the applicable restrictions and mandates set forth in state law, including
without limitation the Attorney General Guidelines.
ADM 13. Hours of Operation Limited. The cooperative shall maintain operational hours
as allowed by Chapter 5.35 of the Palm Springs Municipal Code.
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Conditions of Approval—Page 4 of 9
Medical Cannabis Cooperative/Collective
ADM 14. Physician's referrals shall be verified by the cooperative prior to inclusion into
the cooperative and at least every six months thereafter.
ADM 15. Qualified Patients/Caregivers Only. Each member of the cooperative or
collective shall be a patient or a qualified primary caregiver. The cooperative
shall maintain patient records in a secure location within the City of Palm
Springs, available to the City Manager to review upon demand. Such records
shall include without limitation a copy of the physician's referral and, if using a
primary caregiver, a notarized written authorization from the patient to be
represented by such primary caregiver.
ADM 16. Security. Cannabis shall be kept in a secured manner during business and
non-business hours.
ADM 17. Conditions for Food Consumption. If consumable Medical Cannabis products
(including, but not limited to, lollipops, brownies, cookies, ice cream, etc.) are
present on site or offered for distribution, then the applicant shall secure a
County of Riverside Department of Health Services approval for handling food
products.
ADM 18. Sales Tax. Any Medical Cannabis Cooperative or Collective must obtain and
maintain a valid State of California Sales Permit with the business address
located in the City of Palm Springs, and pay any applicable sales tax pursuant
to federal, state, and local law.
ADM 19. Prohibited Activities. On-site smoking, ingestion, or consumption of cannabis
or alcohol shall be prohibited on the premises of the cooperative or
collective. The term "premises" as used in this Condition includes the actual
building, as well as any accessory structures and parking areas. The building
entrance to a cooperative or collective shall be clearly and legibly posted with
a notice indicating that smoking, ingesting, or consuming marijuana on the
premises or in the vicinity of the cooperative or collective is prohibited. All
cannabis grown, cultivated, stored, or in any way maintained on the site of (1)
the cooperative or collective or (2) a Medical Cannabis Cultivation Facility
authorized under the Palm Springs Municipal Code shall not be sold,
conveyed, transferred, or dispensed to any person who is not member of the
cooperative or collective or a caregiver of such member, or to any person for
sale, distribution, conveyance, transfer, or dispensing outside of the City of
Palm Springs.
ADM 20. Si na a for the cooperative shall be limited to name of business only, and no
advertising of the goods and/or services shall be permitted.
ADM 21. Alcoholic beverages shall not be sold, stored, distributed, or consumed on the
premises. A cooperative or collective shall not hold or maintain a license from
the State Department of Alcohol Beverage Control to sell alcoholic
beverages, or operate a business that sells alcoholic beverages. In addition,
Resolution No.23938
Conditions of Approval-- Page 5 of 9
Medical Cannabis Cooperative/Collective
alcohol shall not be provided, stored, kept, located, sold, dispensed, or used
on the premises of the cooperative or collective.
ADM 22. Windows and/or entrances shall not be obstructed and must maintain a clear
view into the premises during business hours and in conformance with the
Security Plan Provisions of Chapter 5.35 of the Palm Springs Municipal Code
and the Palm Springs Zoning Code.
ADM 23. Minors. No one under 18 years of age shall be a member of a cooperative or
a collective without written authorization of a parent or legal guardian.
ADM 24. Physician services shall not be provided on the premises. "Physician
services" does not include social services, including counseling, help with
housing and meals, hospice and other care referrals which may be provided
on site.
ADM 25. The building in which the cooperative or collective is located as well as the
operations as conducted therein shall fully comply with all applicable rules,
regulations, and laws including, but not limited to, zoning and building codes,
the City's business license ordinances, the Revenue and Taxation Code, the
Americans with Disabilities Act, and the Compassionate Use Act.
ADM 26. No Distribution to non-members. The cooperative or collective shall not
distribute, sell, dispense, or administer cannabis to anyone other than
qualified patient members of the cooperative or collective and their primary
caregivers.
ADM 27. Restricted Source of Medical Cannabis. A Medical Marijuana Cooperative or
Collective shall distribute only cannabis cultivated on the premises, cultivated
at a permitted Medical Cannabis Cultivation Facility located in the City of
Palm Springs pursuant to Section 5.35.340 of the Palm Springs Municipal
Code, or cultivated by a member of the cooperative or collective or the
member's primary caregiver. The cooperative or collective shall do an
inventory on the first business day of each month and shall record the total
quantity of each form of cannabis on the premises. These records shall be
maintained for two (2) years from the date created.
ADM 28. Provision of Records and Contacts. Provide the City Manager with the name,
phone number, facsimile number, and email address of an on-site community
relations or staff person or other representative to whom one can provide
notice if there are operating problems associated with the Cooperative. The
Cooperative shall make every good faith effort to encourage residents to call
this person to try to solve operating problems, if any, before any calls or
complaints are made to the police or other City departments.
ADM 29. Fully comply with and meet all operating criteria required pursuant to the
Compassionate Use Act, state law, the Attorney General Guidelines, the
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Conditions of Approval--Page 6 of 9
Medical Cannabis Cooperative/Collective
provisions of Chapter 5.35 of the Palm Springs Municipal Code, and any
specific, additional operating procedures and measures as may be imposed
as conditions of approval of the regulatory permit, and all requirements set
forth in the covenant as described in Subsection C of Section 5.35.210 of the
Palm Springs Municipal Code, in order to ensure that the operation of the
cooperative or collective is consistent with the protection of the health, safety,
and welfare of the community, qualified patients, and primary caregivers, and
will not adversely affect surrounding uses.
ADM 30. Security Recordings.. Recordings made by the security cameras shall be
made available .to the City Manager or the Chief of Police upon verbal
request; no search warrant or subpoena shall be needed to view the recorded
materials.
ADM 31. City Access The City Manager shall have the right to enter the Medical
Cannabis Cooperative or Collective from time to time unannounced for the
purpose of making reasonable inspections to observe and enforce
compliance with this Section and all laws of the City and State of California.
ADM 32. Operation of the cooperative or collective in non-compliance with any
conditions of approval or standards of Chapter 5.35 of the Palm Springs
Municipal Code shall constitute a violation of the Municipal Code and shall be
enforced pursuant to the provisions of the Code.
ADM 33. Revocation of Regulatory Permit. The City Manager may revoke a medical
marijuana regulatory permit if any of the following, singularly or in
combination, occur:
a. The City Manager determines that the cooperative or collective has failed
to comply with Chapter 5.35 of the Palm Springs Municipal Code, any
condition or approval, or any agreement or covenant as required pursuant
to Chapter 5.35 of the Palm Springs Municipal Code; or
b. Operations cease for more than 90 calendar days, including during
change of ownership proceedings; or
1. Ownership is changed without securing a regulatory permit; or
2. The cooperative or collective fails to maintain 240 hours of security
recordings; or
3. The cooperative or collective fails to allow inspection of the security
recordings, the activity logs, or of the premise by authorized City
officials.
ADM 34. By-laws. The Police Department and the City Attorney's Office are concerned
that cannabis cooperatives can be operated illegally or as fronts for other
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Conditions of Approval-- Page 7 of 9
Medical Cannabis Cooperative/Collective
criminal activity. The regulatory approach that the City has taken in the
development and administration of the current zoning program helps address
some of those concerns. Providing for heightened membership involvement
in the operation of the collective or cooperative will also help ensure that each
collective or cooperative is operating for the sole purpose of providing safe
medicine at a reasonable cost to the member patients and their caregivers.
Thus, the inclusion of the following provisions to the bylaws of the Applicant is
required. A full copy of the Applicant organization by-laws shall be submitted
to the City Attorney in a Microsoft Word Document (.doc) format incorporating
the following aspects into the by-laws to the satisfaction of the City Attorney:
1. Members shall elect all Directors.
2. Compensation of Directors shall be approved by the membership.
3. Compensation of Officers shall be approved by the Directors.
4. The annual budget of the corporation and any amendment to the
budget that results in increases in expenditures above any amount
budgeted shall be approved by the membership.
5. No minimum attendance for membership meetings shall be required;
any action requiring membership approval or action shall by approved
by a majority or super-majority of the votes cast, as provided in the
bylaws, so long as at least 50% of the membership participate in the
vote. All members shall be provided the opportunity to participate in
any vote, either by attendance at a meeting, by mail, or any other
reasonable, objective, and fair method designed to encourage
independent membership participation.
6. All membership meetings and all Board of Director meetings shall be
held in Palm Springs
7. Any amendment of the bylaws shall be approved by the membership.
8 All records of the corporation shall be available for inspection by the
membership.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) required. This project is exempt
from CVMSHCP LDMF fees.
ENV 2. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the permit (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
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Medical Cannabis Cooperative/Collective
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfq.ca.gov for more information.
PLANNING DEPARTMENT CONDITIONS
PLN 1 . Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Chapter 5.35 of
the Palm Springs Zoning ordinance, shall be submitted for approval by the
Department of Planning. Manufacturer's cut sheets of all exterior lighting on
the building and in the landscaping shall be included. If lights are proposed to
be mounted on buildings, down-lights shall be utilized. No lighting of hillsides
is permitted.
PLN 2. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with
Chapter 5.35 of the Palm Springs Municipal Code. The applicant shall submit
a sign program to the Department of Planning Services prior to the issuance
of building permits.
PLN 3. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 4. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 5. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 6. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 7. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 8. Bicycle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by residents and commercial/retail patrons
and owners. Location and design shall be approved by the Director of
Planning.
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Medical Cannabis Cooperative/Collective
PLN 9.
POLICE DEPARTMENT CONDITIONS
POL 1. Applicant shall comply with Section II of Chapter 8.04 'Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
BLD 2. All facilities and operations shall conform at all times to applicable California
and Palm Springs Building Codes including Accessibility Codes.
ENGINEERING DEPARTMENT CONDITIONS
(none)
FIRE DEPARTMENT CONDITIONS
FIR 1. All facilities and operations shall conform at all times to applicable California
and Palm Springs Fire Codes.
END OF CONDITIONS