HomeMy WebLinkAboutOrd 774 ORDINANCE NO. 774
AN ORDINANCE OF THE CITY COUNCIL OF CATHEDRAL CITY,
CALIFORNIA, AMENDING SECTIONS 9.08, 9.30, 9.36, 9.40, 9.42, 9.108
OF THE CATHEDRAL CITY MUNICIPAL CODE RELATING TO
MEDICAL CANNABIS
WHEREAS, in 1996, the voters of the State of California approved Proposition
215 (codified as Health and Safety Code Section 11362.5 and entitled "The
Compassionate Use Act of 1996"), decriminalizing the use of cannabis for medical
purposes; and
WHEREAS, in 2003, the California Legislature adopted SB 420, the Medical
Marijuana Program, codified as Health and Safety Code Section 11362.7 et. seq., which
permits qualified patients and their primary caregivers to associate collectively or
cooperatively to cultivate medical cannabis without being subject to criminal
prosecution; and
WHEREAS, in 2008, the Attorney General of the State of California set forth
Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use
("Guidelines"); and
WHEREAS, recently in October 2015, the State of California adopted AB 243,
AB 266, and SB 643 ("Medical Marijuana Regulation and Safety Act" or "MMRSA") to
clarify legal requirements pertaining to medical cannabis; and
WHEREAS, the MMRSA and California Supreme Court empowers local
incorporated cities and counties to enact laws or regulations pertaining to medical
cannabis cultivation, dispensing, manufacturing, or distribution pursuant to zoning
powers that the city or counties governing body allows which including either expanding
and allowing such activity within its city zoning area or can restrict, ban or prohibit within
its zoning area; and
WHEREAS, Cathedral City supports the right of patients with debilitating medical
conditions to have safe access to medical cannabis; and
WHEREAS, it is necessary for Cathedral City to adopt regulations for the
purpose of facilitating safe access of medical cannabis to patients; and
WHEREAS, Cathedral City currently regulates medical cannabis dispensaries in
the City pursuant to the Guidelines and state law; and
WHEREAS, Cathedral City desires to license and permit the regulated cultivation
of medical cannabis pursuant to state law; and
WHEREAS, Cathedral City intends to adopt further regulations governing
medical cannabis businesses and "commercial cannabis activity," as such term is
defined in state law; and
WHEREAS, Cathedral City has a legitimate interest in maintaining an
appropriate balance of land uses within its borders, and Cathedral City desires to
ensure that there is an appropriate balance of medical cannabis cultivation sites and
other uses; and
WHEREAS, it is the purpose and intent of this Chapter to regulate medical
cannabis in a manner that is consistent with State law and which promotes the health,
safety, and general welfare of citizens of Cathedral City and limits impacts associated
with medical cannabis cultivation; and
WHEREAS, nothing in this Section shall be construed to allow persons to
engage in conduct that endangers others or causes a public nuisance as defined
herein, allow the use or diversion of cannabis for nonmedical purposes, or allow any
activity relating to the cultivation, distribution or consumption of cannabis that is
otherwise illegal under California state law.
NOW, THEREFORE, THE CATHEDRAL CITY COUNCIL DOES ORDAIN AS
FOLLOWS:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. Section 9.08.020 of the Cathedral City Municipal Code is hereby
amended to amend and add to the alphabetical list of definitions as follows:
Chapter 9.08 DEFINITIONS
9.08.020 Definitions.
"Convenience store" means a retail store that carries a range of merchandise
oriented to convenience and travelers' shopping needs, typically in smaller sizes than
offered by a grocery store. Convenience stores may be part of a service station or an
independent facility.
"Cultivation Site" has the same meaning as that term is defined by Section
19300.5(x) of the Business and Professions Code.
"Day-care center" has the same meaning has that term is defined by Health and
Safety Code section (1596.76).
"Destroyed" means a structure or any other property improvement which is
damaged or partially destroyed by fire, flood, wind, earthquake or other calamity of
nature, act of God, accident or intentional act, to the extent that the cost of repairing,
reconstructing or restoring the structure or improvement is greater than fifty percent of
the cost of replacing the entirety of the building. The term "cost of replacing" as used in
this definition means the costs as computed by the city planner or his delegated
representative. In making said computation, said city official shall use those tables and
figures provided in that publication entitled "Building Standards" as published by the
International Conference of Building Officials, and which issue is current at the time of
such computations. Said tables and figures shall apply to a building which would
conform to all the city and state regulations which are effective at the time of
computation.
"Dispensary" has the same meaning as that term is defined by Section
19300.5(n) of the Business and Professions Code, except a facility that does not sell
Medical Cannabis or Medical Cannabis Products shall not qualify as a Dispensary
"Disposal service operations" means areas for the storage and maintenance of
vehicles and equipment used in the collection, transportation, and removal of trash,
garbage and rubbish not including storage or dumping of trash, garbage or rubbish.
"Lot width" means the horizontal distance between the side lot lines, measured at
right angles to the lot depth at a point midway between the front and rear lot lines.
"Medical Cannabis Business" has the same meaning as that term is defined by
Section 9.108 of this Title 9.
"Mobile home park" means an area or tract of land where two or more mobile
home lots are rented or leased or held out for rent or lease to accommodate
manufactured homes or mobile homes used for human habitation. The rental paid for
any such home shall be deemed to include rental for the lot it occupies. This definition
will be deemed to include any revisions incorporated into Section 18214 of the
California Health and Safety Code.
Section 3. Section 9.30.030 of the Cathedral City Municipal Code is hereby
amended as follows, with additions underlined and deletions struckthrough:
Chapter 9.30 PCC PLANNED COMMUNITY COMMERCIAL DISTRICT
9.30.030 Conditional uses.
The following uses may be permitted subject to the issuance of a conditional use
permit pursuant to Chapter 9.72:
Any use involving outdoor activity or storage except those permitted uses listed
in Section 9.30.020, parking appurtenant to other permissible uses;
Auctions;
Automobile repair shops;
Automobile service stations;
Carwashes, limited to self-serve and full-serve only;
Commercial recreation facilities;
Cultivation Sites;
Dispensaries;
Fast-food restaurants and drive-thru's;
Game arcades;
Chapter 9.108;
Private clubs and lodges;
Public service facilities and public utility structures;
Retail store—used;
Tattooing establishments (as defined by Chapter 5.34 of this Code);
Vehicle rental establishments and used vehicle sales (except used vehicles sold
in conjunction with the operation of a manufacturer licensed new vehicle sales
dealership) subject to the provisions of Section 9.96.170 pertaining to special provisions
applying to miscellaneous problem uses;
Such other similar uses as are approved by the planning commission.
Section 4. Section 9.36.040 of the Cathedral City Municipal Code is hereby
amended as follows, with additions underlined and deletions struckthrough:
Chapter 9.36 CBP-2 COMMERCIAL BUSINESS PARK DISTRICT
9.36.040 Conditional uses.
The following uses may be permitted subject to the issuance of a conditional use
permit pursuant to Chapter 9.72:
Any permitted use proposing outside storage or outdoor activities other than
outdoor off-street parking;
Automobile body and collision shops;
Automobile service stations;
Cocktail lounges and bars not located within three hundred feet of any residential
district;
Cultivation Sites;
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Mini-warehouses;
Public service facilities and public utility structures;
Recycling center;
Recycling collection facility (large);
Retail store, used;
Tattooing establishments (as defined by Chapter 5.34 of this Code);
Such other uses as are listed as conditional uses in the CBP-1 and PCC districts.
Section 5. Section 9.40.040 of the Cathedral City Municipal Code is hereby
amended as follows, with additions underlined and deletions struckthrough:
Chapter 9.40 I-1 LIGHT INDUSTRIAL DISTRICT
9.40.040 Conditional uses.
The following uses may be permitted subject to the issuance of a conditional use
permit pursuant to Chapter 9.72.
Animal boarding kennels and dog kennels;
Carwash, coin operated-manual, self-serve and full-serve permitted;
Corporation yards;
Cultivation Sites;
Dispensaries;
Feed and fuel yards;
Fuel storage yards;
Lumber yards;
Manufacturing and industrial uses which will not be extremely offensive or
obnoxious by reason of emission of odor, dust, smoke, gas, light, noise or vibration;
Chapter 9.108;
Public buildings;
Public utility structures;
Recycling center;
Recycling collection facility (large);
Residential uses for caretakers;
Retail sales and services operated on the same property and in conjunction with
uses specifically allowable in this district;
Retail store, used;
Rubber sales, or fabrication of products made from finished rubber;
Tire rebuilding, recapping and retreading;
Truck and automobile service stations;
Vehicle rental establishments and used vehicle sales (except used vehicles sold
in conjunction with the operation of a manufacturer licensed new vehicle sales
dealership) subject to the provisions of Section 9.96.170 pertaining to special provisions
applying to miscellaneous problem uses.
Section 6. Section 9.42.030 of the Cathedral City Municipal Code is hereby
amended as follows, with additions underlined and deletions struckthrough:
Chapter 9.42 OS OPEN SPACE DISTRICT
9.42.030 Conditional uses.
The following uses may be permitted subject to a conditional use permit:
A. Public utility structures and public service facilities; however, transmission lines
serving only the immediate area are permitted without a conditional use permit;
B. Cultivation Sites;
C. Public parks and recreation facilities;
D. Private recreational facilities and ancillary commercial uses;
E. Other uses not involving buildings or other permanent improvements, and not
involving undue present or future hazard to life or property, within the judgment
of the planning commission.
F. Public buildings; when the public building is ancillary to a public park and/or
recreation facility.
Section 7. Chapter 9.108 "Medical Marijuana Dispensaries" of the Cathedral City
Municipal Code, is hereby repealed in its entirety and replaced with the following:
CHAPTER 9.108 MEDICAL CANNABIS BUSINESSES
9.108.010 Purpose.
A. The purpose of this Chapter is to regulate all Commercial Cannabis Activity in
Cathedral City, as defined in Section 19300.5(k) of the Business and
Professions Code, to the extent authorized by state law and in a manner
designed to minimize negative impacts on the city and neighboring uses, and
promote the health, safety, morals, and general welfare of residents and
businesses within the City.
B. This Chapter is further adopted and established pursuant to the specific
authority granted to Cathedral City in Section 7 of Article XI of the California
Constitution and Chapter 3.5 (commencing with Section 19300) of Division 8 of
the Business and Professions Code. These regulations shall govern all
Commercial Cannabis Activity that occurs within the jurisdiction of Cathedral
City.
9.108.020 Relationship to other laws.
Except as otherwise specifically provided herein, this Chapter incorporates the
requirements and procedures set forth in Chapter 3.5 (commencing with Section 19300)
of Division 8 of the Business and Professions Code. In the event of any conflict between
the provisions of this Chapter and the provisions of that Chapter or any other applicable
state or local law, the more restrictive provision shall control.
9.108.030 Definitions.
A. "Applicant" has the same meaning as that term is defined by Section 19300.5(b)
of the Business and Professions Code.
B. "City" means Cathedral City, California.
C. "City Manager" shall mean the City Manager of the City of Cathedral City or duly
authorized designee.
D. "Commercial Cannabis Activity" has the same meaning as that term is defined
by Section 19300.5(k) of Business and Professions Code, including the
exclusion in Section 19319 of Business and Professions Code related to
Qualified Patients and Primary Caregivers.
E. "Community Development Director" or "Director" shall mean the community
development director of the city of Cathedral City or duly authorized designee.
F. "Cultivation Site" has the same meaning as that term is defined by Section
19300.5(x) of Business and Professions Code.
G. "Dispensary" has the same meaning as that term is defined by Section
19300.5(n) of the Business and Professions Code, except a facility that does not
sell Medical Cannabis or Medical Cannabis Products shall not qualify as a
Dispensary.
H. "Edible Cannabis Product" means has the same meaning as that term is defined
by Section 19300.5(s) of the Business and Professions Code.
I. "Enclosed Locked Structure," means a structure that: 1) does not allow for the
visibility of the interior from the outside; 2) is secured with a lock; 3) is completely
surrounded on all sides by a wall; and 4) is roofed. Enclosed Locked Structures
may include greenhouses and accessory buildings. All Enclosed Locked
Structures shall comply with the City Building Code, Fire Code, and all other
applicable laws.
J. "Financial Interest" has the same meaning as that term is defined in Section
650.1 of the Business and Professions Code.
K. "Good Cause" for purposes of refusing or denying an initial conditional use
permit issuance, for revoking a conditional use permit, or for refusing or denying
a conditional use permit renewal or reinstatement, means:
1. The Licensee or Applicant has violated any of the terms, conditions or
provisions of this Chapter, of State law, of any regulations and rules
promulgated pursuant to State law, any applicable local rules and regulations,
or any special terms or conditions placed upon its State License, Local
License or conditional use permit;
2. The Licensed Premises have been operated in a manner that adversely
affects the public health, safety or welfare or the safety of the immediate
neighborhood in which the establishment is located;
3. The Licensee or applicant has knowingly made false statements,
misrepresentations or material omissions on an application form, renewal
form, or any other document submitted to the City;
4. The Applicant or Licensee's criminal history does not indicate that the
Applicant or Licensee is of Good Moral Character; or the Applicant or
Licensee has been convicted of an offense that is substantially related to the
qualifications, functions, or duties of the business or profession for which the
application is made; except that if the Local Licensing Authority has issued a
Local License to the Applicant or Licensee the Planning Commission shall not
consider any criminal history of the Applicant or Licensee that was disclosed
to or discovered by the Local Licensing Authority prior to the issuance of the
Local License. For any criminal history that was not disclosed to or
discovered by the Local License Authority prior to the issuance of the Local
License, or that arose after the issuance of the Local License, the Planning
Commission shall conduct a thorough review of the nature of the crime,
conviction, circumstances, and evidence of rehabilitation of the Applicant or
Licensee, and shall evaluate the suitability of the Applicant or Licensee to be
issued a conditional use permit based on the evidence found through the
review. In determining which offenses are substantially related to the
qualifications, functions, or duties of the business or profession for which the
application is made, the Planning Commission shall consider the factors as
set forth in Section 19323(b)(5) of the Business and Professions Code;
5. The Applicant or Licensee fails to allow inspection of the security recordings,
activity logs, or business records of the Licensed Premise by the City officials.
6. The Applicant or Licensee is owned by or has an officer or director who is, a
licensed physician making recommendations for Medical Cannabis; or
7. The Applicant or Licensee operated a Medical Cannabis Business in violation
of Chapter 5.88 of this Code.
L. "Good Moral Character" means having a personal history that demonstrates the
propensity to serve the public in the licensed area in a manner that reflects
openness, honesty, fairness, and respect for the rights of others and for the law.
In determining Good Moral Character, the following standards shall apply:
1. A judgment of guilt in a criminal prosecution or a judgment in a civil action
shall not be used, in and of itself, as proof of a person's lack of good moral
character. Such judgment may be used as evidence in the determination,
and when so used the person shall be notified and shall be permitted to rebut
the evidence by showing that at the current time he has the ability to, and is
likely to serve the public in a fair, honest and open manner, that he is
rehabilitated, or that the substance of the former offense is not substantially
related to the occupation or profession for which he seeks to be licensed.
2. Notwithstanding Chapter 2 of Division 1.5 of the Business and Professions
Code, a prior conviction where the sentence, including any term of probation,
incarceration, or supervised release is completed for possession of,
possession for sale, sale, manufacture, transportation, or cultivation of a
controlled substance, is not considered substantially related, and shall not be
the sole ground for denial of a license, except that any of the following
convictions shall be deemed substantially related and may be the sole
grounds for denying a license or conditional use permit:
a. A felony conviction for hiring, employing, or using a minor in transporting,
carrying, selling, giving away, preparing for sale, or peddling, any
controlled substance; or
b. A felony conviction for selling, offering to sell, furnishing, offering to
furnish, administering, or giving any controlled substance to a minor; or
c. A felony conviction for drug trafficking with enhancements pursuant to
Sections 11370.4 or 11379.8 of the Business and Professions Code.
3. Conviction for any controlled substance felony subsequent to Local Licensure
shall be grounds for revocation of a Local License or denial of the renewal of
a license.
M. "Identification Card" or "ID Card" means a valid identification card issued
pursuant to Section 113672.7 et. seq. of the California Health and Safety Code.
N. "Licensed Premises" means the premises specified in an application for a
conditional use permit under this Chapter, which are owned or in possession of
the Licensee or Applicant and within which the Licensee or Applicant is
authorized to cultivate, manufacture, distribute, test, or sell Medical Cannabis in
accordance with the provisions of this Chapter, Chapter 5.88, the MMRSA, and
any rules adopted pursuant thereto.
0. "Licensee" means a person who has been issued a Local License pursuant to
Chapter 5.88 and a conditional use permit issued pursuant to this Chapter.
P. "Limited Access Area" means and shall be a building, room or other area upon
the Licensed Premises where medical cannabis is grown, cultivated, stored,
weighed, displayed, packaged, or sold to other Medical Cannabis Businesses,
under control of the Licensee, with limited access to only authorized personnel.
Q. "Local License" means a business license granted by the Local Licensing
Authority, pursuant to Chapter 5.88 of this Code.
R. "Local Licensing Authority" means the City Manager or its designee.
S. "Manufactured Cannabis" has the same meaning as that term is defined by
Section 19300.5(ae) of the Business and Professions Code.
T. "Medical Cannabis" has the same meaning as that term is defined by Section
19300.5(ag) of the Business and Professions Code.
U. "Medical Cannabis Business" means any Person engaged in Commercial
Cannabis Activity.
V. "Medical Cannabis Collective or Cooperative" or "Cooperative or Collective"
means any group that is collectively or cooperatively cultivating and distributing
cannabis for medical purposes that is organized in the manner set forth in the
August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown
for Medical Use, as may be amended from time to time, that was issued by the
office of the Attorney General for the state of California and is on file in the office
of the city clerk, and subject to the provisions of California Health and Safety
Code Section 11362.5 (Compassionate Use Act of 1996), and California Health
and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program
Act).
W. "Medical Marijuana Regulation and Safety Act" or "MMRSA" means Chapter 3.5
of Division 8 of the Business and Professions Code
X. "Outdoors" means any location within the City that is not within an Enclosed
Locked Structure.
Y. "Owner" means, pursuant to Section 19300.5(b) of the Business and Professions
Code, owner of a Medical Cannabis Business, including all persons or entities
having ownership interest other than a security interest, lien, or encumbrance on
property that will be used by the facility.
1. If the Owner is an entity, "Owner" includes within the entity each person
participating in the direction, control, or management of, or having a financial
interest in, the proposed facility.
2. If the Applicant is a publicly traded company, "Owner" means the chief
executive officer or any person or entity with an aggregate ownership interest
of 5 percent or more.
Z. "Person" has the same meaning as that term is defined by the Business and
Professions Code.
AA. "Physician," as used in this Chapter, shall mean a medical doctor licensed by
the state of California to practice as such.
BB. "Primary Caregiver" shall have the meaning set forth in Section 11362.7(d) of
the California Health and Safety Code.
CC."Protected Health Information" means documentation of a Qualified Patient or ID
Card holder's medical history or condition, pursuant to 45 CFR § 160.103, other
than a Physician's recommendation, an identification card issued pursuant to
Health and Safety Code Section 11362.7 et seq., or the written designation of a
Primary Caregiver by a Qualified Patient or ID Card holder. Protected Health
Information shall not include information conveyed by a Primary Caregiver,
Qualified Patient or ID Card holder to a Dispensary regarding such Qualified
Patient's medical condition, information conveyed by a Primary Caregiver,
Qualified Patient or ID Card holder to a Dispensary regarding efforts to
ameliorate or otherwise address symptoms associated with such Qualified
Patient's or ID Card holder' medical condition, or information regarding the risks
and benefits of Medical Cannabis provided to a Primary Caregiver, Qualified
Patient or ID Card holder.
DD. Qualified Patient" shall have the meaning set forth in Section 11362.7(f) of the
California Health and Safety Code.
EE. "Restricted Access Area" means all areas where Medical Cannabis is sold,
possessed for sale, displayed, or dispensed for sale to Qualified Patients, ID
Card holders, or Primary Caregivers (as such terms are defined in Chapter 5.88
of this Code) and where no one without a valid doctor's recommendation is
permitted.
FF."State Law(s)" shall mean and include California Health and Safety Code Section
11362.5 (Compassionate Use Act of 1996); California Health and Safety Code
Sections 11362.7 to 11362.83 (Medical Marijuana Program Act); the California
Attorney General's Guidelines for the Security and Non-Diversion of Marijuana
Grown for Medical Use issued in August, 2008 (hereinafter "Guidelines"), as such
guidelines may be revised from time to time by action of the Attorney General;
MMRSA, and all other applicable laws of the state of California.
GG."State License" has the same meaning as that term is defined by Section
19300.5(ak) of the Business and Professions Code.
HH."State Licensing Authority" shall mean the Bureau of Medical Marijuana
Regulation within the Department of Consumer Affairs, the State Department of
Public Health, or any other state agency responsible for the issuance, renewal,
or reinstatement of a license issued pursuant to Chapter 3.5 of Division 8 of the
Business and Professions Code or any State agency authorized to take
disciplinary action against such license.
9.108.040 Local License and conditional use permit required to operate.
A. Medical Cannabis Businesses shall only be permitted to operate in the City
following application, investigation, verification, notice and public hearing,
approval and issuance of both a Local License issued by the Local Licensing
Authority in accordance with the criteria and procedures set forth in Chapter 5.88
of this Code and a conditional use permit issued by the planning commission in
accordance with the criteria and procedures set forth in this Chapter and
Chapter 9.72 of this Code. No land use entitlement, permit (including building
permit) approval, site plan, certificate of occupancy, zoning clearance, or other
land use authorization for a Medical Cannabis Business shall be granted or
permitted unless a conditional use permit is first obtained and issued in
conformance with the provisions of this Chapter and Chapter 9.72. If there is a
conflict between the requirements of Chapter 9.72 and this Chapter, the
requirements of this Chapter shall prevail. Notwithstanding anything herein to the
contrary, a facility or entity that is operating in compliance with Title 9 of the
Cathedral City Municipal Code and other state and local requirements on or
before January 1, 2016, may continue its operations pursuant to its conditional
use permit provided such permitted use is considered a compliant or legal
nonconforming use in that location under Title 9 of the Cathedral City Code.
B. All persons who are engaged in or who are attempting to engage in Commercial
Cannabis Activity in any form shall do so only in strict compliance with the terms,
conditions, limitations and restrictions of the MMRSA, the provisions of Chapter
5.88, this Chapter, and Chapter 9.72 of the Cathedral City Code, and all other
applicable State and local laws and regulations.
C. The Community Development Director is authorized to make policies and
procedures consistent with the intent and spirit of this Chapter concerning the
applications, the application process, the information required of applicants, the
application procedures and the administration and procedures to be used and
followed in the application and hearing process.
9.108.050 Conditional use permit application process.
A. Prior to initiating operations and as a continuing requisite to operating a Medical
Cannabis Business, the Applicant shall obtain a conditional use permit under the
terms and conditions set forth in this Chapter and Chapter 9.72 of this Code. If
there is a conflict between the requirements of Chapter 9.72 and this Chapter,
the requirements of this Chapter shall prevail. The Applicant shall file an
application for a conditional use permit with the Director•on the official form
supplied by the City and shall pay the applicable application fee as established
by resolution of the City Council, as may be amended from time to time.
B. An application for a conditional use permit shall include, but shall not be limited
to, the following information:
1. For a Cultivation Site, an environmental plan indicating how cultivation will
be conducted in accordance with state and local laws related to land
conversion, grading, electricity usage, water usage, and agricultural
discharges.
2. Proof that the Applicant has received a Local License for the premises,
and the Local License is in good standing, or a statement that the
Applicant is applying for a Local License for the premises concurrently
with the conditional use permit application.
3. Confirmation that that the premises proposed to be licensed is not
currently permitted as a retail food establishment or wholesale food
registrant.
4. The address of the location of the Medical Cannabis Business.
5. A site plan and floor plan of the Medical Cannabis Business denoting all
the use of areas of the Medical Cannabis Business, including storage,
employee areas, exterior lighting, restrooms, security cameras, areas of
ingress and egress, and signage.
6. Plans and specifications for the interior of the Licensed Premise if the
building to be occupied is in existence at the time of the application. If the
building is not in existence or alteration to the building is required at the
time of the application, the Applicant shall file a plot plan and a detailed
sketch for the interior and shall further submit an architect's drawing of the
building to be constructed.
7. The name and address of any person who is an Owner of the Applicant
business entity, is managing or responsible for the Medical Cannabis
Business's activities, the names and addresses of any employees, or
volunteers, if any. If a Local License has been issued to the Applicant
prior to the submission of the application for a conditional use permit, the
application shall also contain a statement as to whether such person or
persons has or have been convicted of a crime(s), the nature of such
offense(s), and the sentence(s) received for such conviction(s)
subsequent to the issuance of the Local License.
8. The name and address of the owner and lessor of the real property upon
which the Medical Cannabis Business is to be operated. In the event the
Applicant is not the legal owner of the property, the application must be
accompanied by a notarized acknowledgement from the owner of the
property that a Medical Cannabis Business will be operated on his or her
property.
9. An operating plan for the proposed Medical Cannabis Business including
the following information:
a. A floor plan showing all interior dimensions of the Licensed Premises
and the layout of the Medical Cannabis Business, including all limited
access areas, areas of ingress and egress, and all security cameras.
Such floor plan shall also show the principal uses of the floor area
depicted therein.
b. A description of the design of the Licensed Premises evidencing that
the design conforms to applicable City laws.
c. A description of the source of power for any Cultivation (electric utility
company, solar, diesel generators), the size of the electrical service or
system, and the total demand to be placed on the system by all
proposed uses on site.
d. Verification of all water sources used by the Licensed Premises and
verification that the Licensed Premise does not utilize water that has
been or is illegally diverted from any stream, creek, or river.
e. Any additional document(s) or information reasonably requested by the
Community Development Director.
10. A security plan that, to the satisfaction of the City Manager and Chief of
Police, addresses how the applicant intends to comply with and
implement all requirements under Section 5.88.065 and Chapter 9.108 of
this Code, and the MMRSA, including, but not limited to, a description of
how the security measures are sufficient to ensure the safety of members
and employees, protect the Licensed Premises from diversion and theft,
and ensure that all buildings where Medical Cannabis is cultivated or
stored are secured sufficiently to prevent unauthorized entry, and the
following requirements:
a. A diagram indicating all areas to be covered by the twenty-four (24)
hour security cameras which shall include, but are not limited to, all
Restricted Access Areas, all areas of ingress and egress, point of
sale, the public areas, storage areas, all doors and windows, and any
other areas as required by this Chapter and the MMRSA.
b. A basic explanation of the methods the Medical Cannabis Business
will undertake to ensure Medical Cannabis is under secure control of
the Medical Cannabis Business staff at all times pursuant to Section
5.88.065(A)(5) of this Code.
11. A statement in writing by the applicant that he or she certifies under
penalty of perjury that all the information contained in the application is
true and correct.
12. Authorization for the community development director to seek verification
of the information contained within the application.
13. Any such additional and further information as is deemed necessary by
the community development director to administer this section or this
Chapter.
C. All Applicants for a conditional use permit under this Chapter shall provide
verification that the proposed premise to be licensed will be equipped with an
odor filtration system that meets the following requirements:
1. All Medical Cannabis Businesses shall install or provide a sufficient odor
absorbing ventilation and exhaust system so that odor generated inside
the Medical Cannabis Business that is distinctive to its operation is not
detected outside the Medical Cannabis Business, anywhere on adjacent
property or public rights-of-way, on or about any exterior or interior
common area walkways, hallways, breeze-ways, foyers, lobby areas, or
any other areas available for common use by tenants or the visiting
public, or within any other unit located within the same building as the
Medical Cannabis Business. As such, Medical Cannabis Businesses must
install and maintain the following equipment or any other equipment which
Local Licensing Authority determines has the same or better
effectiveness:
a. An exhaust air filtration system with odor control that prevents
internal odors from being emitted externally; or
b. An air system that creates negative air pressure between the
Medical Cannabis Businesses' interior and exterior so that the
odors generated inside the Medical Cannabis Business are not
detectable outside the Medical Cannabis Business.
2. For enforcement purposes, the standard for determining what constitutes
an unlawful odor under this subsection shall be whether such an odor
would be deemed offensive to a reasonable number of persons on an
ongoing or periodic basis and personally detectable by City staff or law
enforcement personnel.
D. The Director and appropriate City staff shall review, verify and investigate all
information on the application and prepare a report for the planning commission
incorporating the findings of such investigation and verification, including, but not
limited to, the suitability of the proposed location, and the Applicant's compliance
with the requirements of this Chapter, Chapter 5.88 and Chapter 9.72.
E. All renewals and time limitations on conditional use permits shall be governed by
Chapter 9.72.
9.108.060 Grounds for denial of conditional use permit—additional conditions
imposed.
A. The planning commission shall deny any application for a conditional use permit
to operate a Medical Cannabis Business where the Applicant does not hold a
Local License in good standing.
B. In addition to the findings set forth in Section 9.72.010 of the Cathedral City
Code, a conditional use permit shall only be granted with the establishment of
certain conditions to protect the health, safety and general welfare of the
neighborhood or community, subject to the following findings:
1. The Medical Cannabis Business as well as all operations as conducted
therein, fully comply with all applicable building, zoning and fire Codes,
accessibility requirements of the Americans with Disability Act, and all
relevant City and State Law; and
2. The Medical Cannabis Business fully complies with and meet all
operating criteria required pursuant to State Laws, Chapter 5.88 of this
Code, any other provisions of this Code, and any specific, additional
operating procedures and measures as may be imposed as conditions of
approval in the conditional use permit; and
3. For Dispensaries, the number, type, and availability of Dispensaries
located in or near the Licensed Premises is such that the issuance of a
conditional use permit to the Applicant will not result in or add to an undue
concentration of Dispensaries and/or result in a need for additional law
enforcement resources.
C. Following the public hearing required by Section 9.72.070 of the Cathedral City
Code, the planning commission shall deny an application for a conditional use
permit upon making any of the following findings, which shall be made part of
the record of the meeting/public hearing:
1. The findings required by Section 9.72.010, Section 9.108.080 or
subsection 9.108.060(A) of this Code for the granting of a conditional use
permit cannot be made; or
2. Good Cause, as defined in this Chapter.
D. Based on the information set forth in the application and City staffs report and
testimony presented at the public hearing, the planning commission may
impose reasonable terms and conditions on the proposed operations in addition
to those specified in and required to be included in every conditional use permit
granted under this Chapter. All such additional terms and conditions shall be
supported by written findings that substantiate a need for the additional terms
and conditions to mitigate or eliminate any potential secondary effects
associated with the public health, safety and welfare.
9.108.070 Appeals.
Any decision regarding the planning commission's approval, conditional approval,
denial, or revocation of a-conditional use permit for a Medical Cannabis Business may
be appealed to the City Council in accordance with the provisions of Section 9.72.080 of
this Code, and is subject to de novo review by the City Council pursuant to Section
9.72.090 of this Code.
9.108.080 Conditional use permit requirements for dispensaries and cultivation
sites: permitted zones—distance and other conditions for approval.
All conditional use permits for Medical Cannabis Businesses shall be processed
pursuant to the terms and conditions set forth in this Chapter and Chapter 9.72 of this
Code. If there is a conflict between the requirements of Chapter 9.72 and this Chapter,
the requirements of this Chapter shall prevail.
A. Dispensaries.
1. No Dispensary shall be or located:
a. Within six hundred feet of a school, child care or day care facility, or
youth center; or
b. In any residential zone; or
c. Within two hundred fifty feet of East Palm Canyon Drive or a residential
zone.
2. The restrictions in subsection 9.108.080(A)(1) shall not apply to any location
where the City previously issued a conditional use permit under this Chapter
and Chapter 9.72 of this Code and a permitted Dispensary has existed in
continuous operations at the subject location since the time of original
permitting.
3. Subject to the distance and other requirements of this Chapter a Dispensary
may only be located or established on property within the I-1 Light Industrial
District Zone, the CBP-2 Commercial Business Park District Zone or the PCC
Planned Community Commercial District Zone, and following the application
for and granting of a conditional use permit by the planning commission in
accordance with this Chapter and Chapter 9.72 of this Code. In addition to the
findings required by Section 9.72.010 of this Code, the planning commission
shall also consider whether the approval of the proposed use will violate the
minimum requirements set forth in this Chapter for distance separations
between Dispensaries and other specific land uses.
B. Cultivation Sites.
1. No Cultivation Site shall be located within six hundred feet of a school, child
care or day care facility, or youth center or within three hundred feet of a
residential zone, except that the restrictions in this subsection 9.108.080(B)(1)
shall not apply to any location where the City previously issued a conditional
use permit authorizing cultivation under this Chapter and Chapter 9.72 of this
Code and such cultivation has existed in continuous operations at the subject
location since the time of original permitting.
2. Subject to the distance and other requirements of this Chapter, a Cultivation
Site may only be located on a property within the I-1 Light Industrial District
Zone, CBP-2 Commercial Business Park Zone, PCC Planned Community
Commercial District, and OS Open Space Zone, and following the application
for and granting of a conditional use permit by the planning commission in
accordance with this Chapter and Chapter 9.72 of this Code. In addition to
the findings required by Section 9.72.010 of this Code, the planning
commission shall also consider whether the approval of the proposed use will
violate the minimum requirements set forth in this Chapter for distance
separations between other Cultivation Sites and other specific land uses.
3. All Cultivation of Medical Cannabis shall occur in an Enclosed Locked
Structure. All outdoor cultivation of Medical Cannabis within the City is
prohibited.
4. Cultivation Sites shall not exceed the square footage authorized pursuant to
the conditional use permit.
5. From a public right of way, there should be no exterior evidence of the
Cultivation of Medical Cannabis except for any signage authorized by this
Chapter.
6. All Cultivation Sites shall comply with the City's lighting standards including
without limitation fixture type, wattage, illumination levels, shielding, and
secure the necessary approvals and permits as needed.
7. All windows on the Licensed Premise of the Cultivation Sites shall be
appropriately secured and all Medical Cannabis securely stored.
C. Any Dispensary or Cultivation Site established or operating in the City in
violation of the ban established by Ordinance Nos. 675 and 677, shall not be
considered a lawful or permitted nonconforming use, and no such Dispensary or
Cultivation Site shall be eligible for issuance of a Medical Cannabis Business
conditional use permit. Further, any such unlawfully established—Medical
Cannabis Business shall constitute a public nuisance subject to abatement by
the City, pursuant to Section 9.108.150.
D. All distances specified in this section 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 Business is, or will be located, to the
nearest property line of those uses described herein.
9.108.090 Notification and approval of transfer of Ownership, change of financial
interest, alteration or modification of premises, other material changes.
In addition to any requirements in Chapter 5.88 and Chapter 3.28 of this Code, the
following requirements for transfer of ownership, change of financial interest, or
modification of premise of a Local License apply. In the event of a conflict between this
Section, Chapter 5.88 or Chapter 3.28, the provisions of this Section 9.108.090 shall
control.
A. Notwithstanding Section 9.72.100 of the Cathedral City Code, a new Owner may
not commence operations at the Licensed Premises until the change of
ownership of both the conditional use permit and Local License have been
approved by the City.
B. All modifications to the Licensed Premise shall be subject to the provisions of
Section 9.72.120 of the Cathedral City Code. A Licensee shall not make physical
change, alteration, or modification of the Licensed Premise that materially or
substantially alters the Licensed Premise from the plans approved by the Local
Licensing Authority and planning commission without the prior written approval of
the Local Licensing Authority and planning commission pursuant to Section
9.72.120 of the Cathedral City Code. Material changes include, but are not
limited to: an increase or decrease in the total square footage of the Licensed
Premise or the addition, sealing off, or relocation of a wall, common entryway,
doorway, or other means of public ingress and/or egress.
9.108.100 Suspension or revocation of conditional use permit.
A. Suspensions or revocations of conditional use permits under this Chapter shall
be governed by Section 9.72.130. In addition to the grounds for revocation set
forth in Section 9.72.130(c), the planning commission and/or the City Council
may suspend or revoke a conditional use permit if the planning commission
and/or the City Council find:
1. Good Cause; or
2. The Medical Cannabis Business has failed to comply with this Chapter or any
condition of approval or a circumstance or situation has been created that
would have permitted the planning commission to initially deny the Medical
Cannabis Business License or conditional use permit under Section
9.108.100 or Chapter 9.72 of this Code; or
3. The Licensee fails to allow inspection of the security recordings, membership
records, the employee register, the point of sale transaction data or inspection
of the premises, as provided for herein above, by authorized City officials.
9.108.110 Confidentiality of Information
A. The City's review of information submitted or maintained pursuant to this
Chapter shall preserve the confidentiality of all information about Licensees,
Applicants, Owners, employees, principals, Qualified Patients, ID Card holders,
members, or volunteers to the maximum extent consistent with state and local
law. The City shall incur no liability for the inadvertent or negligent disclosure of
such information. Disclosure of any principal, member, Licensee or Applicant
information to the City for purposes of this Chapter shall not be deemed a waiver
of confidentiality.
B. The City shall treat all financial information provided pursuant to this Chapter as
financial data in accordance with the California Open Records Act (§§
6254(d),(k),(I), 6276).
C. The City shall maintain information identifying the names, addresses, or social
security numbers of Qualified Patients, ID Card holders, disclosing an
individual's medical conditions and any treatment proscribed, recommended, or
discussed, or disclosed, or the names of their Primary Caregivers received
pursuant to this Chapter in a manner that is in compliance with the
Confidentiality of Medical Information Act (Civil Code § 56, et seq.) and shall not
be disclosed by any City official except in accordance with the restrictions on
disclosure of "individually identifiable medical information" under the
Confidentiality of Medical Information Act (Civil Code § 56, et seq.).
D. Within 24 hours of receiving any request to disclose the name, address, or social
security number of a Qualified Patient or ID Card holder, their medical condition,
or the name of their Primary Caregiver, a City official shall contact the patient
and inform the patient of the request and if the request was made in writing, a
copy of the request.
E. Notwithstanding Section 56.10 of the Civil Code, no City official, shall disclose,
the names, addresses, or social security numbers of patients, their medical
conditions, or the names of their Primary Caregivers, sooner than the 10th day
after which the patient whose records are sought to be disclosed has been
contacted.
F. The information required by Section 9.108.130 and recordings from security
cameras, as well as operating plans and security plans required by Section
9.108.050(B)(8) and 9.108.050(B)(9) shall be confidential and shall not be
subject to public inspection or disclosure except to City employees for purposes
of law enforcement.
9.108.120 Limitations on City's liability.
To the fullest extent permitted by law, the city shall not assume any liability whatsoever,
with respect to approving any conditional use permit pursuant to this Chapter or the
operation of any Medical Cannabis Business approved for such permit pursuant to this
Chapter. As a condition of approval a conditional use permit granted under this chapter,
the applicant or its legal representative shall:
A. Execute an agreement indemnifying and holding the City harmless from any and
all claims, damages, legal or enforcement actions, including, but not limited to,
any actions or claims associated with violation of federal law associated with the
operation of the Medical Cannabis Business; and
B. Maintain insurance in the amounts and of the types that are acceptable to the
city pursuant to guidelines and policies set forth by the Local Licensing Authority;
and
C. Name the City as an additionally insured on all city required insurance policies;
and
D. Agree to defend, at its sole expense, any action against the City, its agents,
officers, and employees related to the approval of a conditional use permit or the
operation of the Medical Cannabis Business; and
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 any legal challenge (or federal enforcement
action) related to the City's approval of a conditional use permit. 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.
9.108.130 Inspections.
A. Recordings made by security cameras at any Medical Cannabis Business shall
be confidential and not subject to public inspection or disclosure; except that
such recordings shall be made immediately available to the Director, the city
manager, the chief of police or their designee upon verbal request for law or
regulatory enforcement and criminal investigation purposes.
B. The Director, the City Manager, or their designated Code compliance officers
shall have the right to enter all Medical Cannabis Businesses from time to time
unannounced for the purpose of making reasonable inspections to observe and
enforce compliance with this Chapter. Such inspections shall be limited to
observing the Licensed Premises for purposes of determining whether the
Medical Cannabis Business is being operated or maintained in compliance with
this Code, state law, and other applicable laws and regulations.
C. The Director or the City Manager shall have the right to inspect membership
records for the sole purpose of determining whether all members of the
Dispensary's related collective or cooperative are qualified. Such inspections of
membership records shall not be used for any other purposes, nor shall the
records be removed off-site by the City without a court order.
9.108.140 Enforcement.
A. Operation of the Medical Cannabis Business in non-compliance with any
conditions of approval or the provisions of this Chapter, Chapter 5.88 or Chapter
9.72 shall constitute a violation of the Municipal Code and shall be enforced
pursuant to the provisions of this Chapter and the Code.
B. Applicants and Licensees must cooperate with employees and investigators of
the City who are conducting inspections or investigations relevant to the
enforcement of laws and regulations related to this Chapter. No Applicant or
Licensee shall by any means interfere with, obstruct or impede the Director, City
Manager, law enforcement, or other City official from exercising their duties
under the provisions of this Chapter and all rules promulgated pursuant to it.
9.108.150 Unlawful Acts, violations.
A. Public Nuisance. It is unlawful and it shall be a public nuisance subject to the
provisions of Chapter 13.90 of this Code, to establish, maintain, or operate a
Medical Cannabis Business within the city without having received a Local
License and conditional use permit pursuant to, in this Chapter and Chapter 9.72
of this Code.
B. Violations. The City Manager may establish a schedule of fines, suspension, or
revocation as the standard punishment for specific violations of this Chapter.
Any violation without a scheduled punishment shall constitute an infraction
violation which shall be subject to the provisions set forth in Chapter 13.65,
including but not limited to the imposition of any and all criminal penalties set
forth therein.
C. Administrative Citations. In lieu of issuing a citation, the city may issue an
administrative citation, pursuant to Chapter 13.58, to any person responsible for
committing, causing or maintaining a violation of this Chapter. Nothing in this
subsection section shall preclude the city from also issuing a citation upon the
occurrence of the same offense on a separate day against the same person or
entity.
Section 8. ENVIRONMENTAL FINDINGS
The City Council finds that this Ordinance is Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15303(c), as it would only permit
projects consisting of a limited number of new, small facilities; installation of small new
equipment and facilities in small structures; and the conversion of existing small
structures from one use to another where only minor modifications are made in the
exterior of the structure.
Section 9. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or
word of this ordinance be rendered or declared invalid by any final court action in a
court of competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this Ordinance as hereby
adopted shall remain in full force and effect.
Section 10. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after certification.
Section 11. REPEAL OF CONFLICTING PROVISIONS
Except as otherwise provided herein, all the provisions of the Cathedral City Municipal
Code as heretofore adopted that are in conflict with the provisions of this Ordinance are
hereby repealed as of the Effective Date.
Section 12. POSTING
The City Clerk shall within 15 days after passage of this Ordinance, cause it to be
posted in at least three (3) designated public places; shall certify to the adoption and
posting of this Ordinance; and shall cause this Ordinance and its certification, together
with proof of posting, to be entered in the Book of Ordinances of this City.
The foregoing Ordinance was introduced at the February 10, 2016 City Council Meeting
and adopted by the City Council of the City of Cathedral City at its meeting held
February 25, 2016, by the following vote:
Ayes: Council Members AGuilar, Carnevale and Kaplan; Mayor Pro Tern
Pettis and Mayor Henry
Noes: None
Abstain: None
Absent: None
ilie .-. r-,4"---
Stanley E. Henry, Mayor
Attest:
Howell, ity I'rk
Approved as to Form:
.‘ji..0K:
Eric S. Vail, City Attorney