HomeMy WebLinkAbout1876 ORDINANCE NO. 1876
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTERS 91, 92 AND 93 OF
THE PALM SPRINGS ZONING CODE RELATING TO THE
PERMITTED LOCATIONS AND DEVELOPMENT
STANDARDS OF MEDICAL CANNABIS CULTIVATION
FACILITIES AND MEDICAL CANNABIS COOPERATIVES
OR COLLECTIVES.
City Attorney Summary
This Ordinance modifies the existing requirements for medical cannabis
facilities to allow stand-alone cultivation facilities in industrial zoning
districts, and to expand the zoning districts where cooperatives or
collectives are allowed to include the H-C (Highway Commercial) and C-2
(General Commercial) zoning districts. In addition, separation distance
requirements from protected uses are revised to decrease the distance
separation from residential zones, require a distance separation from
Palm Canyon Drive, and eliminate the distance separation requirement
between cooperatives or collectives.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. The proposed zone text amendment (Case 5.1218-D ZTA) is Categorically
Exempt from the provisions of CEQA under Section 15305 (Minor Alterations in Land
Use Limitations) of the Guidelines for the California Environmental Quality Act because
the proposed zone text amendment proposes only insignificant changes to land use.
B. The proposed zone text amendment establishes zoning regulations for the
controlled cultivation of medical cannabis and allows cooperatives or collectives in
limited commercial districts, while still providing adequate separation from protected
uses.
C. The City Council hereby finds that adoption of the proposed Zoning Ordinance
Text Amendment would:
1. Allow medical cannabis cooperatives or collectives in limited commercial
areas as a means to provide greater access for patients while protecting
the character and integrity of the City's commercial districts.
2. Provide opportunities for the development of stand-alone cultivation
facilities in industrial districts as a means to safely supply authorized
cooperatives or collectives.
3. Allow greater options in the establishment of medical cannabis facilities
while maintaining critical distance separation requirements from protected
Ordinance No. 1876
Page 2
uses as a means to prevent unauthorized access to or promotion of
medical cannabis.
4. Adhere to the requirements of the California Health and Safety Code in
establishing land use regulations for the cultivation and dispensing of
medical cannabis to qualified patients.
D. The adoption of the proposed zoning text amendment would be consistent with
the intent of the Zoning Ordinance and the City's General Plan as it allows for economic
development opportunities while maintaining the integrity of residential neighborhoods
and protecting public health, welfare and safety.
SECTION 1. Section 91.00.10(B) of the Palm Springs Zoning Code is amended
to include the following definition:
"Medical Cannabis Cultivation Facility" means an enclosed facility where medical
cannabis is cultivated and processed only for distribution to a licensed Medical
Cannabis Cooperative or Collective.
SECTION 2. Section 92.14.01(A) of the Palm Springs Zoning Code, relative to
the uses permitted in the C-2 (General Commercial) zoning district, is amended to
include the following use:
A. Uses Permitted.
17. MCCC facilities, subject to the property development standards
contained in Section 93.23.15 of this Code and compliance with the
provisions of Chapter 5.35 of this Code;
SECTION 3. Section 92.14.1.01(A) of the Palm Springs Zoning Code, relative to
the uses permitted in the HC (Highway Commercial) zoning district, is amended to
include the following use:
A. Uses Permitted.
3. MCCC facilities, subject to the property development standards
contained in Section 93.23.15 of this Code and compliance with the
provisions of Chapter 5.35 of this Code;
SECTION 4. Section 92.15.01(A) of the Palm Springs Zoning Code, relative to
the uses permitted in the C-M (Commercial Manufacturing) zoning district, is amended
to include the following use:
A. Uses Permitted.
21. Medical cannabis cultivation facilities, subject to the property
development standards contained in Section 93.23.15 of this Code
and compliance with the provisions of Chapter 5.35 of this Code;
Ordinance No. 1876
Page 3
SECTION 5. Section 92.16.01 the Palm Springs Zoning Code, relative to the
uses permitted in the M-1-P (Planned Research and Development Park) zoning district,
is amended to include the following uses:
A. Uses Permitted.
4. MCCC facilities, subject to the property development
standards contained in Section 93.23.15 of this Code and
compliance with the provisions of Chapter 5.35 of this Code;
5. Medical cannabis cultivation facilities, subject to the property
development standards contained in Section 93.23.15 of this
Code and compliance with the provisions of Chapter 5.35 of
this Code;
SECTION 6. Section 92.17.01(A) of the Palm Springs Zoning Code, relative to
the uses permitted in the M-1 (Service/Manufacturing) zoning district, is amended to
include the following use:
A. Uses Permitted.
7. Medical cannabis cultivation facilities, subject to the property
development standards contained in Section 93.23.15 of this
Code and compliance with the provisions of Chapter 5.35 of
this Code;
SECTION 7. Section 92.17.1.01(A) of the Palm Springs Zoning Code, relative to
the uses permitted in the M-2 (Manufacturing) zoning district, is amended to include the
following use:
A. Uses Permitted.
6. Medical cannabis cultivation facilities, subject to the property
development standards contained in Section 93.23.15 of this
Code and compliance with the provisions of Chapter 5.35 of
this Code;
SECTION 8. Section 92.17.2.01(A) of the Palm Springs Zoning Code, relative to
the uses permitted in the E-1 (Energy Industrial) zoning district, is amended to include
the following use:
A. Uses Permitted.
7. Medical cannabis cultivation facilities, subject to the property
development standards contained in Section 93.23.15 of this
Code and compliance with the provisions of Chapter 5.35 of
this Code;
Ordinance No. 1876
Page 4
SECTION 9. Section 92.18.01(A) of the Palm Springs Zoning Code, relative to
the uses permitted in the A (Airport) zoning district, is amended to include the following
uses:
A. Uses Permitted.
9. MCCC facilities, subject to the property development
standards contained in Section 93.23.15 of this Code and
compliance with the provisions of Chapter 5.35 of this Code;
10. Medical cannabis cultivation facilities, subject to the property
development standards contained in Section 93.23.15 of this
Code and compliance with the provisions of Chapter 5.35 of
this Code;
SECTION 10. Section 93.23.15 of the Palm Springs Zoning Code is amended to
read:
Section 93.23.15 Medical Cannabis Cooperative or Collective and Medical
Cannabis Cultivation Facility Special Standards
A. No land use entitlement, permit (including building permit) approval, site
plan, certificate of occupancy, zoning clearance, or other land use
authorization for a MCCC or Medical Cannabis Cultivation Facility (MCCF)
shall be granted or permitted except in conformance with this Section.
B. MCCC and MCCF establishments shall be permitted only upon application
and approval of a regulatory permit in accordance with the criteria and
process set forth in Chapter 5.35 of this Code. Prior to initiating
operations and as a continuing requisite to conducting operations, the
legal representative of the persons wishing to operate a MCCC or MCCF
shall obtain a regulatory permit from the City Manager under the terms
and conditions set forth in Chapter 5.35 of this Code and shall otherwise
fully comply with the provisions of this Section.
C. No MCCC shall be established, developed, or operated within two-
hundred fifty (250) feet of Palm Canyon Drive or any residential zone
property; within five hundred (500) feet of a school, public playground or
park, child care or day care facility, youth center, or church. All distances
shall be measured in a straight line, without regard to intervening
structures, from the nearest property line of the property on which the
MCCC is, or will be located, and to the nearest property line of those uses
described in this Subsection. Administrative modifications for this
standard may be granted by the City Council pursuant to Section
94.06.01.13.
Ordinance No. 1876
Page 5
D. A MCCC or MCCF is not and shall not be approved as an accessory use
to any other use permitted by this Zoning Code. MCCC and MCCF
facilities may be located on the same parcel or on the same premises as
otherwise permitted by this Zoning Code.
E. A MCCC or MCCF shall be parked at a rate of one (1) space for every two
hundred fifty (250) gross square feet of office space, and one (1) space for
every eight hundred (800) feet of warehouse/cultivation space.
Administrative modifications for this standard may be granted by the City
Council pursuant to Section 94.06.01.B.
SECTION 11. 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 20TH DAY OF MAY, 2015.
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STEPHE14 P. POUGNET, MAYOR
ATTEST:
AMES THOMPSON, CITY CLERK
Ordinance No. 1876
Page 6
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California,
do hereby certify that Ordinance No. 1876 is a full, true, and correct copy, and
was introduced at a regular meeting of the Palm Springs City Council on
May 6, 2015, and adopted at a regular meeting of the City Council held on the
20th day of May, 2015, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern
Lewin, and Mayor Pougnet.
NOES: Councilmember Mills.
ABSENT: None.
ABSTAIN: None.
MES THOMPSON, CITY CLERK
City of Palm Springs, California
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