HomeMy WebLinkAbout1769 ORDINANCE NO. 1769
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING
SUBSECTIONS 93.22.00.0 AND 93.22.00.E OF, AND
REPEALING PARAGRAPH 6 OF SUBSECTION 93.22.00.H
OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING
TO APPROVAL OF ADMINISTRATIVE MODIFICATIONS
TO CERTAIN THE STANDARDS AND REGULATIONS FOR
MEDICAL CANNABIS COOPERATIVES AND
COLLECTIVES AS PERMITTED USES IN THE M-1 AND M-
2 ZONES, TO ALLEVIATE A CURRENT AND ACTUAL
THREAT TO THE PUBLIC HEALTH, SAFETY, AND
WELFARE. (4/5THS VOTE REQUIRED.).
City Attorney Summary
This is an interim urgency ordinance that will amend existing provisions of
the halm Springs Municipal Code that establish several standards and
regulations pertaining to medical cannabis cooperatives and collectives.
Adoption of this Ordinance would allow administrative modifications to
certain specific standards and regulations for medical cannabis
cooperatives and collectives to become effective immediately. This
Ordinance will be in effect for forty-five days or until Ordinance 1766 goes
into effect, whichever occurs first.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS:
SECTION 1. This interim urgency ordinance is adopted pursuant to Section 312
of the Charter of the City of Palm Springs. This interim urgency ordinance is also
adopted pursuant to Section 65858 of the California Government Code.
SECTION 2. The City Council hereby finds, determines, and declares that this
interim urgency ordinance is necessary because.-
A- In 1996 the voters of the state of California approved Proposition 215
(codified as Health and Safety Code Section 11362.5 et. seq. and entitled "The
Compassionate Use Act") to exempt seriously ill patients and their primary caregivers
from criminal liability for possession and cultivation of marijuana for medical purposes.
B. The intent of Compassionate Use Act was to enable seriously ill
Californians to legally possess, use, and cultivate marijuana for medical use under state
law although the possession and sale of marijuana remain illegal under both state and
federal law.
C. The Compassionate Use Act provides for the association of primary
caregivers and qualified patients to cultivate marijuana for specified medical purposes
Ordinance No. 1769
Page 2
and also authorizes local governing bodies to adopt and enforce laws consistent with its
provisions.
D. On March 4, 2009, the City Council adopted a comprehensive Medical
Cannabis Ordinance ("MCO") that established standards and regulations for the location
and operation of medical cannabis cooperatives or collectives in the City. The MCO
provided for a process for submitting applications for City Council review and
consideration and the ultimate selection of no more than two establishments that would
satisfy the requirements of MCO and provide the highest level of service and
opportunities for residents of Palm Springs.
E. Medical cannabis that has not been collectively or personally grown
constitutes a unique health hazard to the public because, unlike all other ingestibles,
cannabis is not regulated, inspected, or analyzed for contamination by state or federal
government and may, as with samples recently tested by a U.S. Food and drug
Administration laboratory, contain harmful chemicals that could further endanger the
health of persons who are already seriously ill and have impaired or reduced
immunities.
F. The City of Palm Springs has a compelling interest in ensuring that
cannabis is not distributed in an illicit manner, in protecting the public health, safety and
welfare of its residents and businesses, in preserving the peace and quiet of the
neighborhoods in which medical marijuana collectives operate, and in providing
compassionate access to medical marijuana to its seriously ill residents.
G. On or about the time the City Council adopted the MCO, several
marijuana dispensaries, without complying with the provisions of the MCO, commenced
operation in the City. Code enforcement actions have been initiated against each of
these establishments. At least four dispensaries remain open and are currently
operating in the City, waiting for hearing dates before the Riverside Superior Court.
These operating dispensaries may be dispensing cannabis that could contain harmful
chemicals that could endanger the health of Palm Springs residents as discussed in
Recital E above.
H. In December of 2009, the City Council determined that the MCO
regulations and development standards as originally established provided little flexibility
for the City Council to take into consideration "on the ground" conditions relating to
medical cannabis collectives or cooperatives. The City Council initiated, introduced,
and adopted an amendment to the MCO to provide more flexibility in considering the
various applications that are pending before the City Council.
I. This interim urgency ordinance mirrors the provisions of the permanent
ordinance generally described in Recital H and its adoption will allow the City Council to
conclude its review of the final four applications, select two, and allow the selected
collectives of cooperatives to commence legal operation in the City at the earliest
Ordinance No. 1769
Page 3
feasible date and thereby reduce the potential public health and safety threat that exists
in the City.
SECTION 3, Subsection 93.22.0 of the Palm Springs Municipal Code is
amended to read:
C. No Medical Cannabis Cooperative or Collective shall be established,
developed, or operated within five hundred (500) feet of a school, public playground or
park, or any residential zone property, child care or day care facility, youth center, or
church, or within one thousand (1000) feet of any other Medical Cannabis Cooperative
or Collective, and shall not be located on any property that is occupied with a
commercial retail use where such use is the primary use on such property. All
distances shall be measured in a straight line, without regard to intervening structures,
from the nearest point of the building or structure in which the Medical Cannabis
Cooperative or Collective is, or will be located, to the nearest property line of those uses
describe in this Subsection. Administrative modifications for this standard may be
granted by the City Council pursuant to Section 94.06.01.13.
SECTION 4. Section 93.22.00.E is hereby amended to read:
E. A Medical Cannabis Cooperative or Collective shall be parked at a rate of
1 space for every 250 gross square feet of office space, and 1 space for every 800
square 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 5. Paragraph 6 of Subsection 93.22.00.1-1 of the Palm Springs
Municipal Code is repealed.
SECTION 6, This interim urgency ordinance shall take effect immediately upon
its adoption by a four-fifths (4/5) vote of the City Council. This interim urgency
ordinance shall continue in effect for forty-five (45) days from the date of its adoption or
the effective date of Ordinance No. 1766, whichever event occurs first, and shall
thereafter be of no further force and effect unless, after notice pursuant to California
Government Code Section 65090 and a public hearing, the City Council extends this
interim urgency ordinance for an additional period of time pursuant to California
Government Code Section 65858.
Ordinance No. 1769
Page 4
ADOPTED THIS 3RD DAY OF FEBRUARY, 2010.
Stephen P. Pougnet
Mayor
ATTEST:
mes Thompson, City Clerk
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. 1769 is a full, true and correct copy, and was
introduced, adopted, and passed AS AN URGENCY ORDINANCE at a regular meeting
of the Palm Springs City Council on the 3rd day of February, 2010 by the following vote:
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tem Hutcheson,
and Mayor Pougnet.
NOES: Councilmember Weigel.
ABSENT: None.
ABSTAIN: None.
ames Thompson, City Clerk ,/® �atr)
City of Palm Springs, California