HomeMy WebLinkAbout22798 RESOLUTION NO. 22798
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A PERMIT
TO OPERATE A MEDICAL CANNABIS
COLLECTIVE/COOPERATIVE TO ORGANIC SOLUTIONS
OF THE DESERT AT 560 WILLIAMS ROAD, PALM
SPRINGSS (CASE MC 09-002).
WHEREAS, on April 4, 2009, a Zone Text Amendment establishing PSZO
Section 93.22.00 "Medical Cannabis Collectives/Cooperatives" went into effect; providing
regulations and procedures for the application, administration and permitting of Medical
Cannabis Cooperative/Collective uses in certain zones in the City of Palm Springs; and
WHEREAS, between April 4, 2009 and July 6, 2009, the City received and
evaluated eleven applications for the award of two permits to operate Medical
Cooperative/Collectives; and
WHEREAS, Organic Solutions of the Desert (the "Applicant") has filed an
application pursuant to Section 93.22.00 "Medical Cannabis Collectives/Cooperatives"
of the Palm Springs Zoning Ordinance for a permit to operate a Medical Cannabis
Cooperative/Collective at 560 S. Williams Road and was one of the applications
received during the submittal period noted above; and
WHEREAS, notices of public hearing of the City Council of the City of Palm
Springs to consider the Medical Cannabis applications including Case MC 09-002, were
given in accordance with applicable law; and
WHEREAS, on December 2, 2009, December 16, 2009 and February 3, 2010,
public hearings on the applications for Medical Cannabis, including Case MC 09-002,
were held by the City Council in accordance with applicable law; and
WHEREAS, on June 16, 2010 the City Council amended PSZO Section 93.22.00
to allow the issuance of a third regulatory permit for a medical cannabis
cooperative/collective and considered the issuance of said third permit to Organic
Solutions of the Desert, Case MC 09-002; and
WHEREAS, 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.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1: Pursuant to the California Environmental Quality Act ("CEQK) guidelines,
the application has been determined to be a Project under the definition of
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Page 2
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: Pursuant to Section 93.22.00 of the Palm Springs Zoning Code, the City
Council has evaluated eleven applications for the operation of Medical
Cannabis Collectives/Cooperatives and found that Case MC 09-002
ranked one of the three most qualified applicants to provide the highest
level of service and opportunities to the residents of Palm Springs.
Section 3: The obligations of the Medical Cannabis Cooperative or Collective,
including all on-going and continuing obligations required pursuant to any
provision of Section 93.22.00 of the Zoning 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 Subsection G
of Section 93.22.00 of the Zoning Code.
Section 4: The City Council further finds:
A. The City Council adopted and amended Section 93.22.00 of the Zoning
Code to ensure the health, safety, and welfare of the residents of the City by enacting a
maximum limitation on the establishment of medical cannabis collectives or
cooperatives within the City, and to provide additional locational restrictions for such
establishments.
B. The City Council further finds and declares that such zoning restrictions
are necessitated because of the growing number of adverse secondary effects arising
from the operation of storefront marijuana dispensaries throughout California. The
adverse secondary effects include certain criminal activities including armed robberies
and murders, and burglary, arising from, or connected with, the operation of such
storefront marijuana dispensaries as noted by law enforcement agencies in the
California communities of Willits, Santa Barbara, Mendocino County, San Leandro,
Hayward, Laytonville, Bellflower, and Claremont. Several cities such as Los Angeles, El
Cerrito, and West Hollywood have enacted moratoria banning or severely restricting the
operation of storefront marijuana dispensaries based upon reported crimes in other
communities and within their jurisdictions.
C. The City Council of the City of Los Angeles specifically found that reports
from its police department and the media showed an increase in and escalation of
violent crime at the location of medical marijuana dispensaries, and further that, medical
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marijuana that has not been collectively or personally grown constitutes a unique health
hazard to the public because it is not regulated, inspected, or analyzed for
contamination by state or federal government. The City Council of the City of Los
Angeles (population of 4 million) accordingly enacted a maximum number of 70 for such
establishments that may operate within the city limits.
D. The City Council therefore finds that the maximum cap of three medical
cannabis cooperatives or collectives allowed under the PSMC Section 93.22.00 and the
locational requirements provided therein will promote the public health and safety by
reducing the potential for the types of secondary negative effects experienced in other
communities.
NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the City
Council approves Case MC 09-002 "Organic Solutions of the Desert" for the receipt of a
regulatory permit to operate a Medical Cannabis Cooperative/Collective at 560 S.
Williams Road. These actions are subject to the conditions contained in Exhibit A,
which is attached hereto and made a part of this resolution.
ADOPTED THIS 8T" DAY OF SEPTEMBER, 2010.
David H. Read , y Manager
ATTEST:
?ames Thompson, City Clerk
r
Resolution No.22798
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. 22798 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 8th day of September,
2010, by the following vote:
AYES: Councilmember Foat, Councilmember Weigel, Mayor Pro Tern Hutcheson,
and Mayor Pougnet"
NOES: Councilmember Mills.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk 04 I,,,, 1 j10
ity of Palm Springs, California /'`'`/
Resolution No.22798
Page 5
EXHIBIT A
Case MC 09-002 "Organic Solutions of the Desert"
560 S. Williams Road, Palm Springs, CA 92264
July 21, 2010
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the 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 project described per Case (MC
09-002); except as modified with the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped June 22, 2009, including
site plans, architectural elevations, exterior materials and colors, landscaping,
and grading on file in the Planning Division 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
but not limited to all provisions of Section 93.22.00 of the Palm Springs
Zoning Ordinance.
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
officers concerning Case MC 09-002. The City of Palm Springs will promptly
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notify 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 Section 93.22.00 of the Palm Springs Zoning Ordinance 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 contained in Subsection G. 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 City 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 because of the issues of such
approval.
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 such action. 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,
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landscape, irrigation, lighting, signs, walls, and fences between the curb and
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, etc) regarding the operation of the
establishment; as determined by the Chief of Policy or the Director of Building
and Safety, may result in proceedings to revoke the Permit. In addition,
violations 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. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use 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 only be open between the
hours of 9:00 a.m. and 7:00 p.m., Monday through Saturday.
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ADM 14. Physician's referrals shall be verified by the cooperative prior to inclusion into
the cooperative and at least every six months thereafter.
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. Security. 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. No Commercial Sale. No cooperative or collective shall conduct or engage in
the commercial sale of any product, good, or service. All transactions
between the cooperative or collective and its members or the members'
primary caregivers shall be made by check or credit card; no cash
transactions shall be allowed.
ADM 19. Sales Tax. Any Medical Cannabis Cooperative or Collective must pay any
applicable sales tax pursuant to federal, state, and local law.
ADM 20. 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 Subsection 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.
ADM 21. 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 22. 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.
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ADM 23. 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 Section 93.22.00 of the Palm Springs Zoning
Code.
ADM 24. 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 25. 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 26. 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 27. 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 28. Restricted Source of Medical Cannabis. A Medical Marijuana Cooperative or
Collective shall distribute only cannabis cultivated on the premises or 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 29. 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 planning departments.
ADM 30. Fully comply with and meet all operating criteria required pursuant to the
Compassionate Use Act, state law, the Attorney General Guidelines, the
provisions of this Section, and any specific, additional operating procedures
and measures as may be imposed as conditions of approval of the regulatory
permit, and all requirements set forth in the covenant as described in
Subsection J of PSZO Section 93.22.00 , in order to ensure that the operation
of the cooperative or collective is consistent with the protection of the health,
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safety, and welfare of the community, qualified patients, and primary
caregivers, and will not adversely affect surrounding uses.
ADM 31. Security Recordings.. Recordings made by the security cameras shall be
made available to the City Manager upon verbal request; no search warrant
or subpoena shall be needed to view the recorded materials.
ADM 32. 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 33. Operation of the cooperative or collective in non-compliance with any
conditions of approval or standards of this Section shall constitute a violation
of the Municipal Code and shall be enforced pursuant to the provisions of this
Code.
ADM 34. Revocation of Re ulato 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 this Section, any condition or approval, or any agreement
or covenant as required pursuant to this Section; 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 120 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 35.
Revisions to Organization's by-laws. The Police Department and the City
Attorney's Office are concerned that cannabis cooperatives are or 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 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 product at a reasonable cost to the member
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patients and their caregivers. Thus, the inclusion of the following
amendments to the bylaws of the approved applications is required. A full
revised draft copy of the organizations 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.
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
Riverside County Clerk prior to the final City action on the project (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. .
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PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards 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 Zoning
Ordinance Section 93.20.00. 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
and owners. Location and design shall be approved by the Director of
Planning.
PLN 9. Avi ation Easement and non-suit covenant contract required. The parcel lies
within the N overlay zone (airport noise combining zone) and Zone "A" of the
Riverside County Airport Land Use Commission Compatibility Plan. Applicant
must enter into an Avigation Easement and non-suit Covenant contract with
the City of Palm Springs on a form prescribed by the City Attorney prior to
issuance of building permits or certificate of occupancy.
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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