HomeMy WebLinkAbout1879 ORDINANCE NO. 1879
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 5.35.110 AND
5.35.120 OF, AND ADDING SUBSECTION C TO SECTION
5.35.340 OF, THE PALM SPRINGS MUNICIPAL CODE
RELATING TO MEDICAL CANNABIS CULTIVATION AND
INCREASING THE NUMBER OF PERMITTED MEDICAL
CANNABIS COOPERATIVES OR COLLECTIVES FROM
FOUR (4) TO SIX (6).
City Attorney Summary
The City's existing comprehensive medical cannabis regulatory program
limits the number of medical cannabis cooperatives or collectives in the
city and only allows cultivation of cannabis within the location of each
medical cannabis cooperative, or collective. This Ordinance increases the
number of permitted medical cannabis cooperatives or collectives to 6 and
allows permitted cooperatives and collectives to engage in cannabis
cultivation at locations other than the locations of the collective or
cooperative.
The City Council of the City of Palm Springs, California, ordains:
SECTION 1. Section 5.35.110 of the Palm Springs Municipal Code is amended
by adding the following definition of "Medical Cannabis Cultivation Facility" to the Palm
Springs Municipal Code:
"Medical Cannabis Cultivation Facility" or "MCCF" means a fully enclosed building or
portion of a building that is solely used for the purpose of planting, growing, harvesting,
drying, processing, or storage of one or more cannabis or marijuana plants or any part
thereof.
SECTION 2. Section 5.35.120 of the Palm Springs Municipal Code is amended
to read:
5.35.120 Maximum Number of Medical Cannabis Cooperatives and
Collectives.
No more than six (6) permitted MCCCs shall be maintained or operated in the City at
any time. This maximum number or permitted MCCCs shall not include any MCCF
approved pursuant to Section 5.35.340.0 of this Code.
SECTION 3. Subsection C is added to Section 5.35.340 of the Palm Springs
Municipal Code to read:
C. Medical Cannabis Cultivation Facility.
Ordinance No. 1879
Page 2
1. Each permitted MCCC may operate and maintain one (1) MCCF, subject
to the requirements of the City's Zoning Code. Nothing in this Section shall prohibit two
or more permitted MCCCs from operating or maintaining such MCCF.
2. One hundred percent (100%) of all cannabis or marijuana cultivated at
each MCCF shall be distributed solely to one or more MCCFs permitted pursuant to the
provisions of this Chapter.
3. Each MCCF shall be used exclusively for cultivation and for no other use
or purpose. This prohibition includes without limitation distribution or sales to patients.
4. No Person shall cultivate, plant, grow, harvest, dry, process, or store one
or more cannabis or marijuana plants or any part thereof in the City unless such activity
has been approved or authorized pursuant to the provisions of this Chapter.
SECTION 4. Adoption of the proposed Ordinance is exempt from the provisions
of the California Environmental Quality Act (California Public Resources Code Section
21000, et seq., "CEQA" and CEQA Regulations (14 California Code of Regulations,
Section 15000, et seq.) "CEQA Guidelines") because it defines terms used in the
Municipal Code, addresses uses permitted under the City zoning districts, and
contemplates leasing of existing buildings in a manner allowed under the Code. This
Ordinance is therefore categorically exempt from review under CEQA review under
Ceqa Guidelines Section 15301.
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 BY THE PALM SPRINGS CITY
COUNCIL THIS 17TH DAY OF JUNE, 2015.
STEPH N P. POUGNET, MAYOR
ATTEST:
;',JAMES THOMPSON, CITY CLERK
Ordinance No. 1879
Page 3
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. 1879 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the 3` day of June, 2015, and adopted at a
regular meeting of the City Council held on the 17rh day of June, 2015, by the following
vote:
AYES: Councilmember Foat, Councilmember Hutcheson, and Mayor Pro Tern
Lewin.
NOES: Councilmember Mills, and Mayor Pougnet.
ABSENT: None.
ABSTAIN: None.
/ ES THOMPSON, CITY CLERK
ity of Palm Springs, California