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HomeMy WebLinkAbout5/20/2015 - STAFF REPORTS - 2.E. 4o�PALM SA4 iy W u w c441F0QN�P CITY COUNCIL STAFF REPORT DATE: May 20, 2015 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1876 RELATING TO THE PERMITTED LOCATIONS AND DEVELOPMENT STANDARDS OF MEDICAL CANNABIS CULTIVATION FACILITIES AND MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES AND CEQA CATEGORICAL EXEMPTION. FROM: David H. Ready, City Manager BY: Office of the Chief of Staff/City Clerk SUMMARY The City Council will consider adoption of Ordinance No. 1876. RECOMMENDATION: Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1876, "AN ORDINANCE 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." STAFF ANALYSIS: On May 6, 2015, Ordinance No. 1876 was introduced for first reading, as noted below: ACTION: Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1876, "AN ORDINANCE 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," Motion Councilmember Hutcheson, seconded by Councilmember Foat and unanimously carried 4-0 on a roll call vote. ITEM NO. z• � Adoption of Ordinance No. 1876 May 20, 2015 Page 2 of 2 This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance hall be effective 30-days from adoption. MES THOMPSON �DAVIDH. READY, Es City Clerk City Manager Am Attachments: Ordinance No. 1876 02 ORDINANCE NO. 1876 AN ORDINANCE OF THE CITY COUNCIL 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 03 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 uses as a means to prevent unauthorized access to or promotion of 03 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; 04 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 B. 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; 05 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. D. A MCCC or MCCF is not and shall not be approved as an accessory use 06 Ordinance No. 1876 Page 5 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 94.06.01.13. 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. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 07 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: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California The Desert Sun Certificate of Publication 750 N Gene Autry Trail _ Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 State Of California BE: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000673538 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The Desert Sun No 0822 ORDINANCE NO.unre AN $P S,DINANCE CALIFOR OF NIA,THE AME CITYNDING OF CHAP- PALM 6/3/2015 TE 1,92 AND 93 OF THE PALM SPRINGS ZO G CODE RELATING TO THE PERMIT- TE01tOCATNJNS AND DEVELOPMENT STAND- ARDS OF MEDICAL CANNABIS CULTIVATION FACI ES AND MEDICAL CANNABIS COOP- ERAT�VESORCOLLECTIVES. - City Attorney Summery The Ordinance modires Me existing reWiremenis for medical cannabis facili ies to allow stand-alone cultivation facilities in Industrial zoning district, I acknowledge that I am a principal clerk of the printer of and to expend the zoning districts where Coopera- 9 P P P Nves or collectives are a owed to include the H-C The Desert Sun, printed and published weekly in the City (Highway Commercial and C-2 (General Com. metal)zoning dlstri . In addl2n, separation of Palm Springs, County of Riverside, State of California. distance requlremams from protected uses arere- The Desert Sun was adjudicated a newspaper of general vises to decrease the distance separation from 19 residential zones, require a distance separation circulation on March 24, 1988 by the Superior Court of the from Palm Canyon Drive, and eliminate the dls- lance separation requirement between coopera- County of Riverside, Slate of California Case No. fives or colwives. 191236. CERTIFICATION STATE OF CALIFORNIA I declare under penalty of perjury that the foregoing is true C oYOF R 3PRMIG9 as. and Correct. EXec this 3rd day of June, 2015 In I JAMES THOMPSON,City Clerk of the City M Isalm Springs,Celffomie,do Hereby cerdy that Or.No.1876 is a full,true and correct Palm Spring a ornia. palm as introduced atCou a,regular Mg, ze, Cf�e adopted at a regular meeting of lie Cddvv Council held on the 20m day of May,2015,by tfie toNow- ing vote: AYES: Councilmember Foat, Councilmember -- Hutcheson, Mayor Pro Tern Lewin, and Mayor WS.0t NOES: : ouncilmember Mills. N ABSENT: Now, clarant's Signature ABSTAIN: Nona. JAMES THOMPSON,CITY CLERK Po61MhW:813116 G'ry of Palm Spn gs,California �G The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778A731 State Of California ss: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000673538 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The Desert Sun No 0822 70CINAICF N0.1876 PALM APRORG WC LIFOROF NIATM AMENDING CHAP- 6/3/2015 TERS SI 92 AND 93 O�THE PALM SPRINGS zONING CODE RELATING TO THE PERMIT - ARDS OF MEDICAL CANNAB�CULTIVAT STAND ON ERATIVES OCILITIES AND COLILECIIIVES.AL CANNABIS COOP- City AttomeY summary This Ordinance modAles,e existing, for medical cannable lacames to almw,stand-alone cultivation facilities in industrial zomn9 dlsmas, I acknowledge that I am a principal clerk of the printer of and to expand the zentng diBm t0 mcluie I H-C Lives 0r 0 JkCfiVas are a, The Desert Sun, printed and published weekly in the City (Highway Cornmerdal)) and C-2,(Geneml Com- mercwl) zoning dismcta. In addmon,separatln of Palm Springs, County of Riverside, State of California. distance requlremems from praeaed uses are re- The Desert Sun was adjudicated a newspaper of general vises m,decrease the Amtance SOParaaon from residerroal zones, require a distance se oration circulation on March 24, 1988 by the Superior Court of the from Palm Canyon Drlve,and eliminate Cne era- tence separation requirement between ccopera- Counly of Riverside, State of California Case No. was 0r collectives. 191236, CERTIFICATION STATE OF CALIFORNIA I declare under penalty of perjury that the foregoing is true COUNTY OF RIVERSIDE as CITY OF PALM SPRINGS and correct. eculed on this 3rd dot of June, 2015 in I JAMES THOMPSON,Cddyy Clark a nre h r t y palm Sponge,Caldomis,doTereby Dainty ih Or- Palm Spr' gs, aliforni dinacue No.te781s a toll,tine and Correaaof Pslmwas inlrodgs Cu regular rot g�,2ty615,arch held on thst e Efa�n regular meeting. a n Of May'2015,eby ifle Cou followil ---_-.___ Ing vote: AYES: CoumimerMer Foal, Coumiknembar Haciceson, Mayor Pro Tem Lewin, and Mayor Pou neE. NO.ENT �edlmember Mills. e roof's Signet ABSTAIN: None. JAMEC ityMPaImSSP nIts,Cal'rfoON CITY mia PubliNNd:6WIS CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: May 20, 2015 Subject: Ordinance No. 1876 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on June 3, 2015. 1 declare under penalty of perjury that the foregoing is true and correct. \L Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary and Ordinance was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on June 2, 2015. 1�d(eclare under penalty of perjury that the foregoing is true and correct. 'k Kathie Hart, MMC Chief Deputy City Clerk 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. 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 400"City of Palm Springs, California 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 94.06.01.6. 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. t SYEPHE 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 oble r�xo 15