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HomeMy WebLinkAbout2/3/2010 - STAFF REPORTS CALIFORNIA COMPASSIONATE ACT FOR CANNABIS US Of 1996 known as Prop 215 Health and Safety Code section 11362.5 Cannabis or Marijuana has been found to be helpful for providing h, much relief in many conditions and especially those noted below. = ARTHRITIS DEPRESSION JOINT PAIN ANXIETY I ;i OSTEOARTHRITIS INSOMNIA HEADACHE STRESS MIGRAINE DRUG ADDICTION '' CANCER PAIN GLAUCOMA DIABETIC NEUROPATHY MANIC DEPRESSION POST TRAUMA PAIN FIBROMYALGIA PARKINSON'S DISEASE HIV and AIDS ADD and ADHD CROHN'S DISEASE DISC DEGENERATION NAUSEA ,1 SHINGLES,POST-HERPETTC PAIN DEMENTIA IRRITABLE BOWEL SYNDROME ALZHEIMER CANCER TREATMENT SIDE EFFECTS ANOREXIA MOST PERSISTANT AND CHRONIC PAIN, including SPASMS ASSOCIATED with MULTIPLE SCLEROSIS SEIZURES including but not limited to EPILEPSY CHRONIC AND PERSISTANT MEDICAL SYMPTOMS THAT (a) Substantially limits the ability of the person to conduct one or more major life activities as described the Americans Disabilities Act of 1990 (b) That if not alleviated may cause serious harm to the patient' s safety or physical or mental health MARION M. SHERMAN, MAD, MPH, FACOG . `i RANCHO MIRAGE PROFESSIONAL PLAZA 35-400 BOB HOPE DRIVE SUITE 212, RANCHO MIRAGE, CA 92270 Telephone (76®) 341-7 777 FAX (T60) 328-83 -2 i PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) tOIQ FED 17 Ci11 9. 12 STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid; 1 am over the age of eighteen ------------------------- years,and not a party to or Interested in the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been -- No0a14 adjudged a newspaper of general circulation by the cfrraF PALM$pRatG$ Superior Court of the County of Riverside,State of oitolNANCE No,1769 California under the date of March 24, 1988.Case AN INTERIM URGENCY ORDINANCE OF THE Number 191236t that the notice,of which the CITY OF PALM SPRINGS CALIFORNIA AMENDING SUBSECTIONS. 119.32,pp.0 ANd annexed is a printed copy(set in type not smaller a3.32.0a.E OF AND REPEALING PAflAppAPH 8 OF SUBSELrTION'93;22.ap.H OF,THE PALM than non Racial,,has been published in each regular SPRIryGS MUNICIPAL CORE RELATING TO and entire Issue of said newspaper and not in an ARPRDVAL OF ADMINISTRATIVE MODFlCA• Y I TIONB 7Y1 CERTAIN THE TA AR AND supplement thereof on the following dates,to wit: REGULATIONS FOR MEDICAL CANNABIS CO- OPERA7IVES Ary0 COLLECTIVE$AS PERMIT- TER USE$ IN THE M•1 AND M•2 ZONE$ TO a, ALLEVIATE A CURREM AN ACTWAL February ------ -- , ----- A THREAT TO THE PUBLIC HEALTH $AF ED.). ). __—_ ND WELFARE. (q/$TH$VOTE REOL�R CArAconrey Summary rnie Is an Into m�urmgerey onlinal that will ,,,_.__-.._-�--..-�,...-,.-_..,...-_-..�,.-_- amend existing prov4sron8 d MB Palm 3pd a Municipal Coda that establish"wad eb1 All in the year 2010 era regusli pertaining w medical cannede co- operatfYet and ccNIOCtiv a. Adoption of this Own, cad n a�peuld at cIft Btendartle and Sul llow for meificiona 4 I certify(or declare)under penalty of perjury that the Ical cannabis coopmflw,a arq�cd1,10we to be- foregOing is true and correct. come effective Immidial This Grdlnanca w9l be In effect for lady-flw dgys or trill Orgnence 1766 goes Into enact,wh of peer occurs am: J Dated at Palm Springs,California this---15"',----day CERTIFICATION STATE OF CALIFORNIA OI-------- February - -•------------------2010 COUNTY OF RIVERSIDE as CITY OF PALM$PRINQS JAME$THOMPSON,CI1y Clerk d me City d halm$pdngs,roatomia,do Hereby miff that Or- dinance No.1769 is a full We and ,rec,copy, and was Intl'oJtlmd adoplBal and passed A$AN _......_......�____ _„_ _ URGENCY ORDINANCES at a regular meeting d the Palm'99HI g City Council on Ma 3rd day of for Y--Y —�LLv�Y the Pary,2Blo by the following vote; AYES- CoundimemberS Foal, Mills. Mayor Pro Tam Huteheeon,and Mayor PpuglrBt. NOES: Cumollmember w"aQ ABSENT; None. ABSTAIN: None. •rn (� Jsmw Thompson,City Olatk Cifyof Palm$pnnge,CAlifomla Publlehed:2,13fia CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION (V OFFICE OF THE CITY CLERK City Council Meeting Date: February 3, 2010 Subject: Ordinance No. 1769 AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that Ordinance No. 1769, adopted by the City Council on February 3, 2010, and a summary of said ordinance was published in the Desert Sun on February 13, 2010. I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of Ordinance No. 1769, and ordinance summary was posted at Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on February 18, 2010- 111d'e`clare under penalty of perjury that the foregoing is true and correct. UJ�F Kathie Hart, CMC Chief Deputy City Clerk CITY OF PALM SPRINGS 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 93.22.00.1-1 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 Palm 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. 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: Councilmembers Foat, Mills, Mayor Pro Tem Hutcheson, and Mayor Pougnet. NOES: Councilmember Weigel. ABSENT: None. ABSTAIN: None. Imes Thompson, City Clerk City of Palm Springs, California Ordina rice No. 1769 Page 2 ORDINANCE NO. 1769 and also authorizes local governing bodies to adopt and enforce laws consistent with its AN INTERIM URGENCY ORDINANCE OF THE CITY OF provisions. PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00.0 AND 9322.00.E OF, AND D. On March 4, 2009. the City Council adopted a cornprehensive Medical REPEALING PARAGRAPH 6 OF SUBSECTION 93.22.00.H Cannabis Ordinance("MCO')that established standards and regulations for the location OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING and operation of medical cannabis cooperatives or collectives in the City. The MCO TO APPROVAL OF ADMINISTRATIVE MODIFICATIONS provided for a process for submitting applications for City Council review and TO CERTAIN THE STANDARDS AND REGULATIONS FOR consideration and the ultimate selection of no more than two establishments that would MEDICAL CANNABIS COOPERATIVES AND satisfy the requirements of MCO and provide the highest level of service and COLLECTIVES AS PERMITTED USES IN THE M-1 AND M- opportunities for residents of Palm Springs. 2 ZONES, TO ALLEVIATE A CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY, AND E. Medical cannabis that has not been collectively or personally grown WELFARE. (415THS VOTE REQUIRE D.). 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 City Attorney Summary Administration laboratory, contain harmful chemicals that could further endanger the This is an interim urgency ordinance that will amend existing provisions of health of persons who are already seriously ill and have impaired or reduced the Palm Springs Municipal Code that establish several standards and immunities. regulations perta ung to medical cannabis cooperatives and colfechv s. Adoption of this Ordinance "aid allow administrative modirmalions to F. The City of Palm Springs has a compelling interest in ensuring that certain specific standards and regulations For nvoicar cannabis cannabis is not distributed in an illicit manner, in protecting the public health,safety and cooperatives and collectives to become effective immediately. Thrs welfare of its residents and businesses, in preserving the peace and quiet of the Ordinance wrfl be in effect for forty-five days or until Ordinance-1766 goes neighborhoods in which medical marijuana collectives operate, and in providing rnto effect whichever occurs f+rzd compassionate access to medical marijuana to its seriously ill residents. G. On or about the time the City Council adopted the MOO, several THE CITY COUNCIL OF THE CITY OF PALM SPRINGS. CALIFORN IA.ORDAINS: marijuana dispensaries,without complying with the provisions of the MCO.commenced operation in the City. Code enforcement actions have been initiated against each of SECTION 1. This interim urgency ordinance is adopted pursuant to Section 312 these establishments. At least four dispensaries remain open and are currently of the Charter of the City of Palm Springs. This interim urgency ordinance is also operating in the City, waiting for hearing dates before the Riverside Superior Court adopted pursuant to Section 65858 of the California Government Cade. These operating dispensaries may be dispensing cannabis that could contain harmful SECTION 2. The City Council hereby finds, determines, and declares that this chemicals that could endanger the health of Palm Springs residents as discussed in interim urgency ordinance is necessary because: Recital E above. H. In December of 2009, the City Council determined that the MCO A. In 1996 the voters of the state of California approved Proposition 215 regulations and development standards as originally established provided little flexibility (codified as Health and Safety Cade Section 19362.5 et. seq. and entitled 'The for the City Council to take into consideration 'on the ground' conditions relating to Compassionate Use Ad') to exempt seriously ill patients and their primary caregivers medical cannabis collectives or cooperatives. The City Council initiated, introduced, from criminal liability for possession and cultivation of marijuana for medical purposes. and adopted an amendment to the MCO to provide more flexibility in considering the B. The intent of Compassionate Use Act was to enable seriously ill various applications that are pending before the City Council. 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 I. This interim urgency ordinance mirrors the provisions of the permanent federal law. ordinance generally described in Recital H and its adoption will allow the City Council to C. The Compassionate Use Act provides for the association of primary conclude its review of the final four applications, select two, and allow the selected caregivers and qualifi ad patents to cultivate marijuana for specified medical purposes collectives of cooperatives to commence legal operation in the City at the earliest Ordinance No.1769 Ordiname No.1769 Page 3 Page 4 feasible date and thereby reduce the potential public health and safety threat that exists ADOPTED THIS 3RD DAY OF FEBRUARY.2010.in the City. SECTION 3. Subsectioa 93.22.0 of the Palm Springs Municipal Code is amended to read: Stephen P. Pougnet C. No Medical Cannabis Cooperative or Collective shall be established, Mayor developed, or operated within five hundred (500)feet of a school, public playground or ATTEST: park, or any residentiat zone property, child care orday 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, - James Thompson,City Clerk 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 CERTIFICATION describe in this Subsection. Administrative modifications for this standard may be granted by the City Council pursuant to Section 94.06.01.B. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss SECTION 4.Section 93.22.00.E is hereby amended to read: CITY OF PALM SPRINGS) E. A Medical Cannabis Cooperative or Collective shall be parked at a rate of I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do 1 space for every 250 gross square feet of office space, and 1 space for every B00 hereby certify that Ordinance No. 1769 is a f0l, true and correct copy, and was square feet of warehouse 1 cultivation space. Administrative modifications for this introduced, adopted,and passed AS AN URGENCY ORDINANCE at a regular meeting standard may be granted by the City Council pursuant to Section 94.06.01.B. of the Palm Springs City Council on the 3rd day of February.2010 by the following vote: SECTION 5. Paragraph 6 of Subsection 93.22.00.H of the Palm Springs AYES: Cou ncilmember Foat,Councllmember Mills, Mayor Pro Tern Hutcheson. Municipal Coda is repealed. and Mayor Pougnet NOES: Council member Weigel. SECTION B. This interim urgency ordinance shall take effect immediately upon ABSENT: Norte. its adoption by a four-fifths (415) vote of the City Council. This interim urgency ABSTAIN: None. 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 Cahfomia 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 James Thompson, City Clerk Government Code Section 65858. City of Palm Springs, California PROOF OF PUBLICATION This is space for County Clcrl's Filing Stamp (2015.5.C.C.P) 2010I--.[; 17 flri 9: 12 STATE.OF CAI,IFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid; 1 am over the age of eightcen __....._....__....................___ years,and not a party to or interested in the above-entitled matter. 1 am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general Circulation, printed and published in the city of Palm Springs, County of Riverside,and which newspaper hag been No OO14 .-.— adjudged a newspaper of general circulation by the Cm OF PALM 6PRINGS Superior Court of the County of Riverside,Stalk of ORDINANCE NO,1760 California under the date of March 24,1988.Case AN INTERIM URGENCY ORDINANCE OF THE Number 191236; that the notice,of which the CITY OF SUBSECTIONS SA9.2Q OOC RNIAAMEd annexed is a printed copy(set in type not smaller 0.22.00.E OF AND REPEALING PARAGRAPH than non arlel has been published in each regular 0 OF SU$SEG'TION 93.22.Do.H OF,THE PALM P r P g SPRINGS MUNICIPAL CODE RELATING TO and entire Issue of said newspaper and not In any APPROVAL OF INISTHE STANDARDSOO FA supplement thereof on the following dates,to wit: REGULATIONS FOR MEDICAL CANNABIS CC) • OPERATIVES AND COLLECTIVE$AS PERMIT• Teo USES IN THE M•1 AND M•2 ZONE TO February 13",2010 THREAT TO THE CURRENT ULI EALNTOH, g�EtyA� __ ....... AND WELFARE. (q/gTH$VOTE ReOL�RED.), This Is.an imm�m�umm�s�r�yyprdlnarlge slat will __............._---------—----------—-----—------------- emend edenpq provlefpne"of Na Palm S$pptwdnagg Municipal All in the year 2010 a Catle Nat es bllsh aergrw gtoMar36 nd repulationa pWtaming tp medical bannmle ca operat a erp pgleGNas. Adoptlp i this Oftll• nenp would allow edminletrative modiAceaplia to I certifyor declare under penalty of era that the «aaN apeOlfidetendarde and raqulaWna formeb ( ) P Y perjury rT Icel cannaLde coopmadw8 and collepiNee to br foregoing is true and correct. come eaectlw immedataN Thq ordinance will be in a/lad for ttlrry•h've' ay8 or anal 0fninence 17ae goes into enact,wi11gl)Kyr occurs Net Dated at Palm Springs,California this---15',—day CERTIFICATION STATe OF CALIFORNIA of---------- February -- ,2010 COUNTYITY F OF R VERSIDE INGS JAMES THOMPSON,CI1y Clads of line Cry of Psalm Springs,Calilomie,dp hereby gully Nat 0f• dlnance No.1769 re e lugs,true and sorest p0py� c __��_�_W_ and was Introduced adpotad,and passed AS AN ----- --_-_-. ___ _.__ ____W____W_ URGENCY ORDINANCE et a regular m06nrg q the Palm Bppdnge City Council on the 3N day of tur . Fepruary,%0 y the following wee; AYES; COuncllmembem Fast, Mills, Mayer Pro Tam Hutcheson,end Meyer POugnel. NOES: Counolmember Weigel. ABSENT: None. ABSTAIN: None, q�1 1 James Thompw,City Clads J i Cily of Palm Springs,Cal'domle Pull 21`13110 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION a OFFICE OF THE CITY CLERK City Council Meeting Date: February 3, 2010 Subject: Ordinance No. 1769 AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that Ordinance No. 1769, adopted by the City Council on February 3, 2010, and a summary of said ordinance was published in the Desert Sun on February 13, 2010. I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of Ordinance No. 1769, and ordinance summary was posted at Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on February 18, 2010. 11 declare under penalty of perjury that the foregoing is true and correct. V \� Kathie Hart, CMC Chief Deputy City Clerk CITY OF PALM SPRINGS 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 93.22.00.1-1 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 Palm 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. 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: Councilmembers Foat, Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: Councilmember Weigel. ABSENT: None. ABSTAIN: None. ames Thompson, City Clerk City of Palm Springs, California Ordinance No.7769 Page 2 ORDINANCE NO. 1769 and also authorizes local governing bodies to adopt and enforce laws consistent with its AN INTERIM URGENCY ORDINANCE OF THE CITY OF provisions. PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00.0 AND 93.22.00.E OF, AND D- On March 4, 2009, the City Council adopted a comprehensive Medical REPEALING PARAGRAPH 6 OF SUBSECTION 93.22.00.H Cannabis Ordinance("MCO')that established standards and regulations for the location OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING and operation of medical cannabis cooperefives or collectives in the City. The MOO TO APPROVAL OF ADMINISTRATIVE MODIFICATIONS provided for a process for submitting applications for City Council review and TO CERTAIN THE STANDARDS AND REGULATIONS FOR consideration and the ultimate selection of no more than two establishments that would MEDICAL CANNABIS COOPERATIVES AND satisfy the requirements of MCO and provide the highest level of service and COLLECTIVES AS PERMITTED USES IN THE M-1 AND M- opportunities for residents of Palm Springs. 2 ZONES, TO ALLEVIATE A CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY, AND E. Medical cannabis Mat has not been collectively or personally grown WELFARE. [415THS VOTE REQUIRED.]. 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 V.S. Food and Drug City Attorney Summary Administration laboratory, contain harmful chemicals that could further endanger the This is an interim urgency ordinance that will amend exisb'ng provisions of health of persons who are already seriously ill and have impaired or reduced the Palm Springs Municipal Code that establish several standards and immunities. regulations ,pertaining to medical cannabis cooperatives and coliectives. Adoptron of this Ordinance would allow administrative moditadons to F. The City of Palm Springs has a compelling interest in ensuring that certain specific standards and regulations far medical cannabis cannabis is not distributed in an illicit manner, in protecting the public health,safety and cooperatives and cohlectrves to become efrechre immediately. This welfare of its residents and businesses, in preserving the peace and quiet of the _ Ordhnance wall be in effect for forty-five days or until Ordinance 1766 goes neighborhoods in which medical marijuana collectives operate, and in providing unto effect, whichever occurs first. compassionate access to medical marijuana to its seriously ill residents. G. On or about the time theCity Council adopted the MCC, several THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA.ORDAINS: marijuana dispensaries,without complying with the provisions of the MOO, commenced operation in the City. Code enforcement actions have been initiated against each of SECTION 1. This interim urgency ordinance is adopted pursuant to Section 312 these establishments. At least four dispensaries remain open and are currently of the Charter of the City of Palm Springs. This interim urgency ordinance is also operating in the City, waiting for hearing dates before the Riverside Superior Court. adopted pursuant to Section 65858 of the California Government Code. These operating dispensaries may be dispensing cannabis that could contain harmful SECTION 2. The Gty Council hereby finds, determines, and declares that this chemicals that could endanger the health of Palm Springs residents as discussed in interim urgency ordinance is necessary because: Recital E above. H. In December of 2009, the City Council determined that the MCO A. In 1996 the voters of the state of California approved Proposition 215 regulations and development standards as orig inaily established provided little flexibility (codified as H�Ith and Safety Cade Section 11362.5 at. seq. and entitled 'The for the City Council to take into consideration 'on the ground` conditions relating to Compassionate Use Act') to exempt seriously ill patients and their primary caregivers medical cannabis collectives or cooperatives. The City Council initiated, introduced, from criminal liability for possession and cultivation of marijuana for medical purposes. and adopted an amendment to the MCO to provide more flexibility in considering the B. The intent of Compassionate Use Act was to enable seriously ill various applications that are pending before the City Council. Californians to legally possess,use,and cultivate marijuana for medical use understate law although the possession and sate of marijuana remain illegal under both state and I. This interim urgency ordinance mirrors the provisions of the permanent federal law. ordinance generally described in Recital H and its adoption wilt allow the City Council to C. The Compassionate Use Act provides for the association of primary conclude its review of the final four applications, select two and allow the selected caregivers and qualified patients to cultivate marijuana for specified medical purposes collectives of cooperatives to commence legal operation in the City at the earliest Ordnance No.1769 - Ordinance No.1769 Page 3 Page 4 feasible date and thereby reduce the potential public health and safety threat that exists ADOPTED THIS 3RD DAY OF FE BRUARY,2010.in the City. SECTION 3. Subsection 93.22.0 of the Palm Springs Municipal Code is amended to read: Stephen P.Pougnet C. No Medical Cannabis Cooperative or Collective shall be established, Mayor developed, or operated within five hundred (600)feet of a school, public playground or ATTEST: park, or any residential zone property, chill 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, James Thompson, City Clerk 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 CERTIFICATION describe in this Subsection. Administrative modifications for this standard may be granted by the City Council pursuant to Section 94.06.01.6. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss SECTION 4.Section 93.22.00-E is hereby amended to read: CITY OF PALM SPRINGS) E. A Medical Cannabis Cooperative or Collective shall be parked at a rate of I, .FAMES THOMPSON, City Clerk of the City of Palm Songs, Califomia, do 1 space for every 250 gross square feet of office space, and 1 space for every 800 hereby certify that Ordinance No. 1769 is a full, true and Correct copy, and was square feet of warehouse 1 cultvaton space. Administrative modfications for this introduced,adopted, and passed AS AN URGENCY ORDINANCE at a regular meeting standard may be granted by the City Council pursuant to Section 94.06.01.8. of the Palm Springs City Council on the 3rd day of February, 2010 by the following vote: SECTION 5. Paragraph 6 of Subsection 9322.00-H of the Palm Springs AYES: Councilmem bar Foat,Councilmember Mills,Mayor Pro Tem Hutcheson, Municipal Code is repealed. and Mayor Pougnet. NOES: Cou acilmember Weigel. SECTION 6. This interim urgency ordinance shall take effect immediately upon ABSENT: None. its adoption by a four-fftths f415) vote of the City Council. This interim urgency ABSTAIN: None. ordinance shall oontinue 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 James Thompson,City Clerk Government Code Section 65858. City of Palm Spn ngs.California