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HomeMy WebLinkAbout6/16/2010 - STAFF REPORTS - 2.F. P pLM S. y Q V N i 111L'P CITY COUNCIL STAFF REPORT DATE: June 16, 2010 Consent Calendar SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1776, AMENDMENT TO THE PALM SPRINGS ZONING CODE RELATING TO MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES (CASE 5.1218-A) FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY The City Council will consider the adoption of Ordinance No. 1756, amending the Palm Springs Zoning Code relating to medical cannabis cooperatives and collectives. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1776, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00 (F, G, K, L, and M) OF THE PALM SPRINGS ZONING CODE, RELATING TO MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES." STAFF ANALYSIS: At its June 2, 2010, meeting proposed Ordinance No. 1776 was introduced by the following vote: AYES: Councilmember Foat, Mayor Pro Tem Hutcheson, and Mayor Pougnet. NOES: Councilmember Mills and Councilmember Weigel. ITEM N10. � City Council Staff Report June 16, 2010 -- Page 2 Proposed Ordinance No. 1776 This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. C �� MES THOMPSON, City Clerk DAVID H. READY, nager Attachment: Proposed Ordinance No. 1776 n ORDINANCE NO. 1776 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00.F, 93.22.00.G, AND 93.22.00.M OF, AND AMENDING PARAGRAPHS K6 AND L4 OF SECTION 93.22.00 OF THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE NUMBER OF ALLOWED MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES IN THE CITY FROM TWO (2) TO THREE (3). City Attorney Summary The existing provisions of the Palm Springs Municipal Code limit the number of approved medical cannabis cooperatives and collectives to two (2) such uses. This Ordinance will increase that number to three (3) medical cannabis cooperatives or collectives that can operate in the City. This Ordinance also affects the clean-up of minor provisions of the existing Code relating to security filming requirements, food distribution, and enforcement. The Ordinance also allows the Council to limit review of applications to qualified applications reviewed in a previous Allotment Process under defined circumstances. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1 . Subsection 93.22.00F of the Palm Springs Municipal Code is amended to read: F. No more than three (3) 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 two (2) 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. Subsection 93.22.00.G of the Palm Springs Municipal Code is amended to read: G. Prior to initiating operations and as a continuing requisite to conducting operations, the legal representative of the persons wishing to operate a Medical Cannabis Cooperative or Collective shall obtain a regulatory permit from the City Manager under the terms and conditions set forth in this Section. The legal representative shall file an application with the City Manager upon a form provided by the City and shall pay a filing fee as established by resolution adopted by the City Council as amended from time to time. An application for a regulatory permit for 680442.1 3 Ordinance No- Page 2 Medical Cannabis Cooperative or Collective shall include, but shall not be limited to, the following information: 1. An estimate of the size of the group of primary caregivers and/or qualified patients who will be served by the non-profit cooperative; this description should include whether delivery service will be provide and the extent of such service. 2. The address of the location from which the cooperative for which application is made will be operated; 3. A site plan and floor plan of the premises denoting all the use of areas on the premises, including storage, cultivation areas, exterior lighting, restrooms, signage, and parking; other tenant spaces if the cooperative or collective is proposed for a multi-tenant building site. 4. A security plan including the following measures: a. Security cameras shall be installed and maintained in goad working condition, and used in an on-going manner with at least 120 continuous hours of digitally recorded documentation in a format approved by the City Manager. The cameras shall be in use 24 hours per day, 7 days per week. The areas to be covered by the security cameras include, but are not limited to, the storage areas, cultivation areas, all doors and windows, and any other areas as determined by the City Manager. b. The lease/business space shall be alarmed with a reliable, commercial alarm system that is operated and monitored by a security company or alarm business that is operating in full compliance with Chapter 5.02 of this Code. c. Entrance to the dispensing area and any storage areas shall be locked at all times, and under the control of cooperative staff. d. The business entrance(s) and all window areas shall be illuminated during evening hours. The applicant shall comply with the City's lighting standards regarding fixture type, wattage, illumination levels, shielding, etc., and secure the necessary approvals and permits as needed. e. All windows on the building that houses the cooperative or collective shall be appropriately secured and all marijuana securely stored. SECTION 3, Paragraph 6 of Subsection 9322.00.K is amended to read: 6. Each cooperative or collective that prepares, dispenses, or in any manner distributes food must comply with the provisions of all relevant State and local laws regarding the preparation, distribution, and sale of food. W4,12.1 4 Ordinance No. Page 3 SECTION 4. Paragraph 4 of Subsection 93.22.00.L of the Palm Springs Municipal Code is amended to read: 4. The City Manager may revoke a medical cannabis 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 any provision of this Code, 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 c. Ownership is changed without securing a regulatory permit; or d. The cooperative or collective fails to maintain 120 continuous hours of security recordings; or e. The cooperative or collective fails to allow inspection of the security recordings, the activity logs, or of the premise by authorized City officials. SECTION 5. Subsection 93.22.00.M is hereby amended to read: M. In the event a qualified cooperative or collective that receives an allotment under Subsection I of this Section ceases to operate for any reason, the City Manager may or shall reopen the allotment process and provide an opportunity for new applications to be submitted. The time periods and process provided in Subsection I shall be applied to the review and consideration of applications and the allotment of a regulatory permit. The provisions of this Subsection shall not apply in those situations where the City Council has reviewed qualified applications within two (2) years of a previous Allotment Process and the City Council decides to limit its review to one or more qualified applications reviewed and considered during such previous Allotment Process. SECTION 6. 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 12010. ATTEST: Stephen P. Pougnet Mayor James Thompson, City Clerk r� u risn44z.i 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 ss: County of Riverside No 29M CITY OF PALM SPRINGS Advertiser: ORDINANCE NO.1776 SPRINGS CALIFORNIA,rAMENDING SUBSEC CITY OF PALM SPRINGS/LEGALS TIONS 93.22.00 ((F G K L and M) OF THE ,PPA�ALppM�� SPRINGS ZdNING bObE RELATING TO PO BOX 2743 COLLECTIVES NABIS COOPERATIVES AND PALM SPRINGS CA 922632 City attorm Wtgc� The extstin ,1 yN ons of the Palm Springs Mu- nk*W.0 Imrt the number of ved medical canrtablscoope natives and odfe�fo two(2) 2000213905 such uses. This ordinance wN Increase that num- ber to three 13 medical cannabis cooperatives or collecfives that can operate in the City, This Ordl- nance also affects the dean-up of mkw provi. dons oIng af fore ardcnUCoCode�to eecudry OOn t.. The' "Br'orapqiance7 also snows aura i ro AbMt nsvfew of Monte to queNMsd WpAndons reviewed In a prevlars Allodnant proosss under I am over the age of 18years old, a citizen of the United detinedarc:umstancws. States and not a parry to, or have interest in this matter. I CERTIFICATION hereby certify that the attached advertisement appeared STATE OF CALIFORNIA) in said newspaper (set in type not smaller than non pariel) COUNTY OF CITY OF PALM RIVERSIDE) ) ss in each and entire issue of said newspaper and not in any ' supplement thereof on the following dates,to wit: 1 JAMES THOMPSON,Cintyv Clerk of the City of Palm Springs,California,dohereby certify that Or- dlnanoe No.1776 Is a full,true and correct y, And was Introduced at a regular meeting off Newspaper; The Desert Sun Palm Springs Clly Council on the 2nd of June, 2010,and adopter?at a regular meetl ,of the City Council held on the 1 Sth of June,201 by the tof- lowingvote: 7/7/2010 AYES: Huhesonm erMayyorPouogrPreto Tem NOES: Councitmember MIAs and 8ounoilme- mber Weigel. ABSENT: None. ASTAIN: None. ' ernes omggon, Clerk Glty of Palm Springs,C6191mia I acknowledge that I am a principal clerk of the printer of Published:7f7/10 The Desert Sun, printed and published weekly in the City of Palm Springs, County of Riverside, State of California. The Desert Sun was adjudicated a newspaper of general circulation on March 24, 1988 by the Superior Court of the County of Riverside, State of California Case No. 191236, 1 declare under penalty of perjury that the foregoing is true and correct. Executed on this 7th day of July, 2010 in Palm Springs,California. Declarant CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION ,r►M rq o 0 �„roFx. City Council Meeting Date: June 16, 2010 Subject: Ordinance 1776 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 Notice of Public Hearing was published in the Desert Sun on July 7, 2010. 1 declare under penalty of perjury that the foregoing is true and correct. LLB Kathie Hart, CMC 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 Notice of Public Hearing 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 30, 2010. I declare under penalty of perjury that the foregoing is true and correct. 4�wa Kathie Hart, CMC Chief Deputy City Clerk CITY OF PALM SPRINGS ORDINANCE NO. 1776 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00 (F, G, K, L, and M) OF THE PALM SPRINGS ZONING CODE, RELATING TO MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES. City Attorney Summary The existing provisions of the Palm Springs Municipal Code limit the number of approved medical cannabis cooperatives and collectives to two (2) such uses. This Ordinance will increase that number to three (3) medical cannabis cooperatives or collectives that can operate in the City. This Ordinance also affects the cleanup of minor provisions of the existing Code relating to security filming requirements, food distribution, and enforcement. The Ordinance also allows the Council to limit review of applications to qualified applications reviewed in a previous Allotment Process under defined circumstances. 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. 1776 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 2"d of June, 2010, and adopted at a regular meeting of the City Council held on the 161h of June, 2010, by the following vote: AYES: Councilmember Foat, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: Councilmember Mills and Councilmember Weigel. ABSENT: None. ASTAIN: None. Yayesm Thompson, City Clerk of Palm Springs, California „ ORDINANCE NO. 1776 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93,22,00 (F, G, K, L, and M) OF THE PALM SPRINGS ZONING CODE, RELATING TO MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES. City Attorney Summary The existing provisions of the Palm Springs Municipal Code limit the number of approved medical cannabis cooperatives and collectives to two (2) such uses. This Ordinance will increase that number to three (3) medical cannabis cooperatives or collectives that can operate in the City. This Ordinance also affects the clean-up of minor provisions of the existing Code relating to security filming requirements, food distribution, and enforcement. The Ordinance also allows the Council to limit review of applications to qualified applications reviewed in a previous Allotment Process under defined circumstances. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Subsection 93.22.00F of the Palm Springs Municipal Code is amended to read: F. No more than three (3) 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 two (2) 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. Subsection 93.22.00.G of the Palm Springs Municipal Code is amended to read: G. Prior to initiating operations and as a continuing requisite to conducting operations, the legal representative of the persons wishing to operate a Medical Cannabis Cooperative or Collective shall obtain a regulatory permit from the City Manager under the terms and conditions set forth in this Section. The legal representative shall file an application with the City Manager upon a form provided by the City and shall pay a filing fee as established by resolution adopted by the City Council as amended from time to time. An application for a regulatory permit for a Medical Cannabis Cooperative or Collective shall include, but shall not be limited to, the following information: 1. An estimate of the size of the group of primary caregivers and/or qualified patients who will be served by the non-profit cooperative; this description should include whether delivery service will be provide and the extent of such service. Ordinance No. 1776 Page 2 2. The address of the location from which the cooperative for which application is made will be operated; 3. A site plan and floor plan of the premises denoting all the use of areas on the premises, including storage, cultivation areas, exterior lighting, restrooms, signage, and parking; other tenant spaces if the cooperative or collective is proposed for a multi- tenant building site. 4. A security plan including the following measures: a. Security cameras shall be installed and maintained in good working condition, and used in an on-going manner with at least 120 continuous hours of digitally recorded documentation in a format approved by the City Manager. The cameras shall be in use 24 hours per day, 7 days per week. The areas to be covered by the security cameras include, but are not limited to, the storage areas, cultivation areas, all doors and windows, and any other areas as determined by the City Manager. b. The lease/business space shall be alarmed with a reliable, commercial alarm system that is operated and monitored by a security company or alarm business that is operating in full compliance with Chapter 5.02 of this Code. c. Entrance to the dispensing area and any storage areas shall be locked at all times, and under the control of cooperative staff. d. The business entrance(s) and all window areas shall be illuminated during evening hours. The applicant shall comply with the City's lighting standards regarding fixture type, wattage, illumination levels, shielding, etc., and secure the necessary approvals and permits as needed. e. All windows on the building that houses the cooperative or collective shall be appropriately secured and all marijuana securely stored. SECTION 3. Paragraph 6 of Subsection 93.22.00.K is amended to read: 6. Each cooperative or collective that prepares, dispenses, or in any manner distributes food must comply with the provisions of all relevant State and local laws regarding the preparation, distribution, and sale of food. SECTION 4. Paragraph 4 of Subsection 93.22.00.E of the Palm Springs Municipal Code is amended to read: 4. The City Manager may revoke a medical cannabis 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 any provision of this Code, any condition or approval, or any agreement or covenant as required pursuant to this Section; or Ordinance No. 1776 Page 3 b. Operations cease for more than 90 calendar days, including during change of ownership proceedings; or c. Ownership is changed without securing a regulatory permit; or d. The cooperative or collective fails to maintain 120 continuous hours of security recordings; or e. The cooperative or collective fails to allow inspection of the security recordings, the activity logs, or of the premise by authorized City officials. SECTION 5. Subsection 93.22.00.M is hereby amended to read: M. In the event a qualified cooperative or collective that receives an allotment under Subsection 1 of this Section ceases to operate for any reason, the City Manager may or shall reopen the allotment process and provide an opportunity for new applications to be submitted. The time periods and process provided in Subsection I shall be applied to the review and consideration of applications and the allotment of a regulatory permit. The provisions of this Subsection shall not apply in those situations where the City Council has reviewed qualified applications within two (2) years of a previous Allotment Process and the City Council decides to limit its review to one or more qualified applications reviewed and considered during such previous Allotment Process. SECTION 6. 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. ADOPTED THIS 161h DAY OF JUNE, 2010. 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. 1776 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 2nd of June, 2010, and adopted at a regular meeting of the City Council held on the 16th of June, 2010, by the following vote: AYES: Councilmember Foat, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES:Councilmember Mills and Councilmember Weigel. ABSENT: None. ASTAIN: None. James Thompson, City Clerk City of Palm Springs, California