HomeMy WebLinkAbout5/2/2012 - STAFF REPORTS - 2J �O QALM Sp6
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c4`'FORN`P CITY COUNCIL STAFF REPORT
DATE: May 2, 2012 CONSENT CALENDAR
SUBJECT: INITIATE DRAFT ZONE TEXT AMENDMENT AMENDING SUBSECTION
F OF SECTION 93.23.15 OF THE PALM SPRINGS ZONING CODE
INCREASING THE NUMBER OF PERMITTED MEDICAL CANNABIS
COOPERATIVES AND COLLECTIVES ALLOWED IN THE CITY FROM 3
TO 4 AND REFER SUCH AMENDMENT TO THE PLANNING
COMMISSION.
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
At its meeting on April 11, 2012, the City Council directed staff to prepare an Ordinance
that would increase the number of permitted collectives and cooperatives allowed in the
City from 3 to 4. The draft ordinance attached to this staff report allows the issuance of
a regulatory permit for a fourth medical cannabis collective or cooperative.
RECOMMENDATION:
1. Initiate a zone text amendment pursuant to Palm Springs Zoning Code Section
94.07.01.a.1.b to study and amend Section 93.23.15 of the Palm Springs Zoning
Code relating to medical cannabis cooperatives and collectives.
2. Refer the ordinance to the Palm Springs Planning Commission.
FISCAL IMPACT:
No fiscal A**** npact.
DouglaA Holland, City Attorney David H. Ready, C ager
Attachments:
Proposed Ordinance
ITEM NO. 13
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SUBSECTION F OF SECTION 93.23.15 OF THE PALM
SPRINGS MUNICIPAL CODE INCREASING THE NUMBER OF
PERMITTED MEDICAL CANNABIS COOPERATIVES AND
COLLECTIVES ALLOWED IN THE CITY FROM 3 TO 4.
City Attorney's Summary
The current provisions of the Palm Springs Municipal Code relating
to "Medical Cannabis Cooperative and Collective Special
Conditions"allow no more than 3 such cooperatives or collectives
to operate in the City. This Ordinance would increase the number
of cooperatives or collectives to 4.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,ORDAINS:
Section 1. Subsection F of Section 93.23.15 of the Palm Springs Municipal Code is amended
to read:
F. No more than four (4) Medical Cannabis Cooperatives and/or Collectives shall be
maintained or operated in the City at any time. The City Council shall review and evaluate all
qualified applications and will approve issuance of regulatory permits to the most qualified as
determined through the Allotment Process described below. Where the City Council has
reviewed qualified applications within three (3) years of any review and allotment proposal
allowed under the provisions of this Section, the City Council may limit its review to one or
more of the qualified applications reviewed and considered during such previous Allotment
Process.
Section 2. If any section or provision of this Ordinance is for any reason held to be invalid or
unconstitutional by any court of competent jurisdiction, or contravened by reason of any
preemptive legislation, then the provisions of Section 1 through 3, inclusive, of this Ordinance
shall be deemed invalid and unenforceable and the dispensing of cannabis for any reason in
any zone shall be deemed a prohibited use under the City's Zoning Code. The City Council
hereby declares that it would not have adopted this Ordinance if any of the sections or
provisions thereof may be declared invalid or unconstitutional or contravened via legislation.
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Section 3. 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 this day of 2012.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CITY ATTORNEY
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