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HomeMy WebLinkAbout23852 RESOLUTION NO. 23852 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN APPLICATION BY PALM SPRINGS ASSOCIATED ORGANICA FOR A PERMIT TO OPERATE A MEDICAL CANNABIS COLLECTIVE OR COOPERATIVE AT 400 EAST SUNNY DUNES, PALM SPRINGS, CALIFORNIA, 92262 (ZONE CM). 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. In 2014 the City Council reviewed eight applications for the award of one available permit to operate a Medical Cannabis Cooperative/Collective within the City. The City Council determined on June 17, 2015 that the list of qualified applications submitted in 2014 would be the list of qualified applications the Council would review for the additional Medical Cannabis Cooperatives/Collectives allowed under Ordinance No. 1879; and C. The City Manager had overseen the evaluation of each of the applications submitted and reviewed in 2014 and has overseen the review of the supplemental information submitted as part of the current process; and D. Palm Springs Associated Organica (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 400 East Sunny Dunes, 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 July 15, 2014, 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 Resolution No. 23852 Page 2 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 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 'Palm Springs Associated Organica" and approves the issuance of a regulatory permit to Palm Springs Associated Organica pursuant to Palm Springs Municipal Code Section 5.35 to operate a Medical Cannabis Cooperative/Collective at 400 East Sunny Dunes, Palm Springs, California, 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 Palm Springs Associated Organica to operate a medical cannabis collective or cooperative at 400 East Sunny Dunes, Palm Springs, California, 92262 as the property is located within 250 feet of nine residentially-zoned properties. However, physical barriers exist between the property and the residential properties. 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 Resolution No. 23852 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 on the July 17, 2015. PASSED APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 15T" DAY OF JULY, 2015. DAVID H. READY, CA5PWNAGER ATTEST: AMES THOMPSON, CITY CLERK Resolution No. 23852 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, hereby certify that Resolution No. 23582 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 15t" day of July, 2015, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills and Mayor Pro Tem Lewin. NOES: None. ABSENT: Mayor Pougnet. ABSTAIN: None. nes Thompson, City Clerk f City of Palm Springs, California Zo r S RESOLUTION NO. 23852 EXHIBIT A Palm Springs Associated Organica July 15, 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 Palm Springs Associated Organica; 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 Resolution No.23852 Conditions of Approval Page 2 of 9 Medical Cannabis Cooperative/Collective July 15, 2015 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 property line, including sidewalk or bikeway easement areas that extend onto Resolution No. 23852 Conditions of Approval Page 3 of 9 Medical Cannabis Cooperative/Collective July 15, 2015 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. Resolution No. 23852 Conditions of Approval Page 4 of 9 Medical Cannabis Cooperative/Collective July 15, 2015 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. Securi . 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. Signage 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, alcohol shall not be provided, stored, kept, located, sold, dispensed, or used on the premises of the cooperative or collective. Resolution No.23852 Conditions of Approval Page 5 of 9 Medical Cannabis Cooperative/Collective July 15, 2015 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 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 Resolution No.23852 Conditions of Approval Page 6 of 9 Medical Cannabis Cooperative/Collective July 15,2015 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 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 Resolution No.23852 Conditions of Approval Page 7 of 9 Medical Cannabis Cooperative/Collective July 15, 2015 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. ADM 35. Name. Applicant shall use the name "Palm Springs Associated Organica" to distinguish the cooperative or collective from a previous entity operating in the City of Palm Springs without a valid permit. 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 Resolution No. 23852 Conditions of Approval Page 8 of 9 Medical Cannabis Cooperative/Collective July 15, 2015 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 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.dfg.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 Resolution No.23852 Conditions of Approval Page 9 of 9 Medical Cannabis Cooperative/Collective July 15, 2015 and owners. Location and design shall be approved by the Director of Planning. 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