HomeMy WebLinkAboutOrd 777 ORDINANCE NO. 777
AN ORDINANCE OF THE CITY COUNCIL OF CATHEDRAL CITY,
CALIFORNIA, AMENDING CHAPTERS 9.08, 9.40, 9.42, AND 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 California 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 California 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 (the "Medical Marijuana Regulation and Safety Act" or the
"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 county's governing body allows which include expanding and
allowing or restricting, banning or prohibiting such activity within the locality; and
WHEREAS, Cathedral City supports the right of Medical Cannabis 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 Medical Cannabis 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;
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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, that promotes the health, safety,
and general welfare of citizens of Cathedral City and that 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 read as follows with additions underlined and bolded and deletions
struckthrough:
Chapter 9.08 DEFINITIONS
9.08.020 Definitions.
"Cultivation Site" has the same meaning as that term is defined by Section
19300.5(x) of the California Business and Professions Code.
"Day-care Ceenter" has the same meaning #as that term is defined by Section
1596.76 of the California Health and Safety Code ccction (1596.76).
"Dispensary" has the same meaning as that term is defined by Section
19300.5(n) of the California Business and Professions Code, except a facility that does
not sell Medical Cannabis or Medical Cannabis Products shall not qualify as a
Dispensary.
"Manufacturing Site" has the same meaning as that term is defined by
Section 19300.5(af) of the California Business and Professions Code.
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"Medical Cannabis Business" has the same meaning as that term is defined by
Section 9.108.030(V) of this Title-9.
Section 3. Section 9.40.040 of the Cathedral City Municipal Code is hereby
amended to read as follows, with additions underlined and bolded and deletions
struck through:
Chapter 9.401-1 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;
Manufacturing Sites;
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;
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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 4. Section 9.42.070 of the Cathedral City Municipal Code is hereby
amended to read as follows with additions underlined and bolded and deletions
struck through:
CHAPTER 9.42 OS OPEN SPACE DISTRICT
9.42.070 Development Standards.
Areas within the OS district are to be protected from extensive building
encroachment. Necessary amenities, appurtenant structures, or public services, e.g.,
picnic shelters, mausoleums, clubhouses, or public buildings, may be allowed in those
areas where such facilities are warranted or necessary provid+nged approval is granted
under appropriate provisions of this code. Notwithstanding the foregoing, structures
to house the cultivation of medical cannabis consistent with the requirements of
Chapter 9.108 may be allowed within the OS district.
Section 5. Chapter 9.108 of the Cathedral City Municipal Code is hereby amended
to read as follows with additions underlined and bolded and deletions struck
through:
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 California 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 California 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.
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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 California 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.
Unless otherwise defined herein, the terms in this Chapter shall have the same
meaning as set forth in the MMRSA and any rules promulgated pursuant thereto.
In addition, the following terms shall be defined as follows:
A. "Applicant" has the same meaning as that term is defined by Section
19300.5(b) of the California Business and Professions Code.
B. "City" means Cathedral City, California.
C. "City Manager" shall mean the City Manager of the City or Gat„edral City or a
duly authorized designee.
D. "Commercial Cannabis Activity" has the same meaning as that term is defined
by Section 19300.5(k) of the California Business and Professions Code,
including the exclusion in Section 19319 of the California Business and
Professions Code related to Qualified Patients and Primary Caregivers, and
extending that exclusion to ID Card Holders.
E. "Community Development Director" or "Director" shall mean the community
development director of the City of Cathedral City or a duly authorized designee.
F. "Cultivation Site" has the same meaning as that term is defined by Section
19300.5(x) of the California Business and Professions Code.
G. "Dispensary" has the same meaning as that term is defined by Section
19300.5(n) of the California Business and Professions Code, except a facility
that does not sell Medical Cannabis or Medical Cannabis Products shall not
qualify as a Dispensary.
"Edible Cannabis Product" has the same meaning as that tcrm is defined by Section
19300.5(s) of the Business and Professions Code.
H. "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, provided that only the roof of the
greenhouse is made of transparent glass, and accessory buildings. All
Enclosed Locked Structures shall comply with the City Building Code, City Fire
Code, and all other applicable laws.
the Business and Professions Code.
I. "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 Applicant or Licensee or Applicant has violated any of the terms,
conditions or provisions of this Chapter, of State Law, of any regulations and
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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 Applicant or 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 Licensees 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 Licensinge 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 California Business and
Professions Code;
5. The Applicant or Licensee is employing or allowing to volunteer any
Person whose criminal history indicates that Person is not of Good
Moral Character;
6. The Applicant or Licensee fails to allow inspection of the security recordings,
activity logs, or business records of the Licensed Premises by the City
officialsj.-
7. An Owner of tThe Applicant or Licensee is owned by or has an officer or
director who is, a licensed Pphysician providing Written Documentation to
Qualified Patients for Medical Cannabis; or
8. The Applicant or Licensee operated a Medical Cannabis Business in violation
of Chapter 5.88 of this Code.
J. "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 an individual person's lack of
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Ggood Mmoral Csharacter. Such judgment may be used as evidence in the
determination, and when so used the individual 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 California 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 Local License, except that any of the following
convictions shall be deemed substantially related and may be the sole
grounds for denying a Local Llicense 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 California Business and Professions
Health and Safety Code.
3. Conviction for any controlled substance felony subsequent to issuance of a
conditional use permit shall be grounds for revocation of a conditional use
permit or denial of the renewal of a conditional use permit.
K. "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.
L. "Identification Card Holder" or "ID Card Holder" means an individual who
is a Qualified Patient who has applied for and received a valid ID Card
pursuant to Article 2.5 of Chapter 6 of Division 10 of the California Health
and Safety Code.
M. "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 or Licensee and within which the Applicant or
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.
N. "Licensee" means a Pperson who has been issued a Local License pursuant to
Chapter 5.88 and a conditional use permit issued pursuant to this Chapter.
0. "Limited Access Area" means and shall be a building, room or other area that is
part of 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.
P. "Local License" means a business license granted by the Local Licensing
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Authority, pursuant to Chapter 5.88 of this Code.
Q. "Local Licensing Authority" means the City Manager or its designee.
R. "Manufactured Cannabis" has the same meaning as that term is defined by
Section 19300.5(ae) of the California Business and Professions Code.
S. "Manufacturing Site" has the same meaning as that term is defined by
Section 19300.5 (af) of the California Business and Professions Code.
T. "Medical Cannabis" has the same meaning as that term is defined by Section
19300.5(ag) of the California Business and Professions Code.
U. "Medical Cannabis Business" means any Person engaged in Commercial
Cannabis Activity.
, „ _- - - - - - - - - - - - - -- - •. -„ - „- -- _- _ - - - - • ""
of the City clerk, and subject to the provisions of California Health and Safety
• Ze
Act).
V. "Medical Cannabis Patient" means both a Qualified Patient without an
Identification Card and an ID Card Holder.
W. "Medical Marijuana Regulation and Safety Act" or "MMRSA" means Chapter 3.5
of Division 8 of the California Business and Professions Code, Section 147.5
of the California Labor Code, Section 31020 of the California Revenue and
Taxation Code, Section 12029 of the California Fish and Game Code,
Sections 11362.769 and 11362.777 of the California Health and Safety Code,
and Section 13276 of the California Water 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 California Business and
Professions Code, owner of a Medical Cannabis Business, including all
PQersons or entities having ownership interest other than a security interest, lien,
or encumbrance on property that will be used by the Medical Cannabis
Business facility.
1. If an the Owner is an entity, "Owner" includes within the entity each Pfferson
participating in the direction, control, or management of, or having a
financial interest in, the proposed Medical Cannabis Business facility.
2. If an the Owner Applicant is a publicly traded company, "Owner" means the
chief executive officer and OF any Pfferson or entity with an aggregate
ownership interest of 5 percent or more in such company.
Z. "Person" has the same meaning as that term is defined by Section 19300.5(ai)
of the California Business and Professions Code.
AA. "Physician," as used in this Chapter, shall mean an individual who possesses
a license in good standing to practice medicine or osteopathy from the
state of California a medical doctor licensed by the state of California to
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practice as such.
BB. "Primary Caregiver" shall have the meaning set forth in Section 11362.7(d) of
the California Health and Safety Code.
- - - - . - . - •e -" ""-- - - - • - - - - a - - - • - - -
holder's medical history or condition, pursuant to 45 CFR § 160.103, other than
aTe1 :tion 11362.7 ct seq., or the written designation of a
Qualified Patient or ID Card holder to a Dispensary regarding efforts to
• .- •
Patient er Ill Card holder
CC. "Qualified Patient" shall have the meaning set forth in Section 11362.7(f) of the
. California Health and Safety Code.
DD. "Residential zone" means any zoning district listed in Division II of this
Title where any residential use other than a "caretaker's residence" is
permitted by right.
EE. "Restricted Access Area" means anti areas where Medical Cannabis is sold,
possessed for sale, displayed, or dispensed for sale to Qualified Medical
Cannabis Patients, , and of Primary Caregivers (as such terms
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 California 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 Local Lticense issued pursuant to Chapter 3.5 of Division
8 of the California Business and Professions Code or any State agency
authorized to take disciplinary action against such Local Lticense.
II. "Written Documentation" shall have the meaning set forth in Section
11362.7(i) of the California Health and Safety Code.
JJ. "Youth Center" means any facility that is operated by a public agency or
non-profit entity with the sole purpose of providing educational and/or
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recreational services to minors.
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 Pplanning Csommission
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 this e
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 this e 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 this a 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 Aapplicants, 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. The
Applicant shall file an application for a conditional use permit with the
Community Development 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
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to, the following information:
1. For a Cultivation Site or Manufacturing Site,
a. An environmental plan indicating how cultivation and/or
manufacturing will be conducted in accordance with State and
local laws related to hazardous material disposal, land
conversion, grading, electricity usage, water usage, and agricultural
discharges; and
b. An emergency response plan which complies with Title 8 of
this Code and California Fire Code Section 401, and sets out
standard operating procedures to be followed by all
individuals in case of a fire, chemical release, chemical spill,
or other emergency.
2. Proof that the Applicant has received a Local License for the proposed
Licensed Ppremises, and the Local License is in good standing, or a
statement that the Applicant is applying for a Local License for the
proposed Licensed Ppremises concurrently with the conditional use
permit application.
3. Confirmation that that the proposed Licensed Ppremises proposed to be
licensed is not currently permitted by the State or County for the
production of non-cannabis infused food products as a retail feed
estalalichmcnt 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, Limited Access Areas, and
Restricted Access Areas, if included.
6. Plans and specifications for the interior of the proposed Licensed
Premises 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 Pperson who is an Owner of the Medical
Cannabis Business 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, subsequent to the issuance of the Local License, such
person or persons any individual included in this list has or have been
convicted of a crime or crimes(s), the nature of such offense(s), and the
sentence(s) received for such conviction(s). . . -. .- - _ -- . - -
of the Local License.
8. The name and address of the Person that owns owner and lesser of the
real property upon which the Medical Cannabis Business is to be
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operated. In the event the Applicant does is not the legally own cr of the
property, the application must be accompanied by a notarized
acknowledgement from the Person that owns 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:
access areas, ar as of ingress and egress, and all security cameras.
depicted therein,
a. A description of the design of the proposed Licensed Premises
evidencing that the design conforms to applicable City laws.
b. A description of the source of power for any Cultivation or
Manufacturing Site (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.
c. For a Cultivation Site, verification of all water sources used by the
proposed Licensed Premises and verification that the proposed
Licensed Premises does not utilize water that has been or is illegally
diverted from any stream, creek, or river.
d. For a Manufacturing Site, a report from a Professional Engineer
that details the type of equipment that will be used to extract
cannabinoids from Medical Cannabis. If Flammable Gas,
Flammable Liquefied Gas, Flammable and Combustible Liquids,
or compressed carbon dioxide (CO2) are used for extraction, then
the report must certify that only closed-loop extraction system(s),
that are UL or ETL listed or have a sign off by a Professional
Engineer, capable of recovering the solvent are utilized.
e. For a Manufacturing Site, a separate diagram of any room where
extraction occurs that details the location of the extraction
equipment, areas of ingress and egress, emergency eye-wash
station, any other fire suppression or emergency equipment
required by Title 8 of this Code, City and California building codes,
fire codes, electrical codes and all other applicable laws.
f. 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 °m,T�s
and Medical Cannabis Patients, Primary Caregivers, employees and
volunteers, protect the proposed Licensed Premises from diversion and
theft, and ensure that all buildings where Medical Cannabis is cultivated
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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
Limited and 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)(58) 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 Ccommunity Ddevelopment Ddirector to seek
verification of the information contained within the application.
13. Any such additional and further information as is deemed necessary by
the CEommunity Ddevelopment Ddirector to administer this Ssection or
this Chapter.
C. All Applicants for a conditional use permit under this Chapter shall provide
verification that the proposed Licensed Ppremises 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 individuals
persons on an ongoing or periodic basis and personally detectable by
City staff or law enforcement personnel.
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D. The Community Development 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. Chapter 9.72 shall govern aAll 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 not hold a public hearing on or
approve any application for a conditional use permit to operate a Medical
Cannabis Business whereunless the Applicant ds-not holds a Local License
in good standing.
B. In addition to the findings set forth in Section 9.72.010 of thise Cathedral City
Code, a conditional use permit only ermit shall onl 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, electrical, 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 meets 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 proposed 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 thise Cathedral
City Code, the planning CEommission 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 9.108.090080 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.
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D. Based on the information set forth in the application and City staff's report and
testimony presented at the public hearing, the Pfflanning Ceommission 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 Notification and approval of transfer of ownership interest to a new
Owner, modification of Licensed Premises and 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 to a new Owner, or
modification of Licensed Premises of a Local License apply.
A. Change of ownership interest to a new Owner. Pursuant to Section
9.72.100 of the Code, a conditional use permit approved in compliance with
the provisions of this Chapter 9.108 shall continue to be valid upon a
change of ownership interest in the Medical Cannabis Business in the
same area, configuration, and manner as it was originally approved in
compliance with this Chapter. Notwithstanding anything in this Code to the
contrary, a new Owner of a Medical Cannabis Business may not
commence operations at the Licensed Premises until the transfer of
ownership interest to a new Owner has been approved by the City under
Section 5.88.050 of this Code.
B. Modification of Licensed Premises. All modifications to the Licensed
Premises shall be subject to the provisions of Section 9.72.120 of this Code.
A Medical Cannabis Business shall not make physical change, alteration,
or modification of the Licensed Premises that materially changes the
Licensed Premises 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 this Code. Material changes shall comply with all
current building and safety codes as determined by the Fire Chief and
Building Official. Material changes include, but are not limited to: an
increase or decrease in the total square footage of the Licensed Premises
or the addition, sealing off, or relocation of a wall, common entryway,
doorway, or other means of public ingress and/or egress.
9.108.08070 Appeals.
Any decision regarding the Planning Ccommission's approval, conditional
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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.
9.108.09080 Conditional use permit requirements for Medical Cannabis
Businesses - - - - ' - - - ' - : 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 Center day
care facility, or youth center; or
b. In any residential zone; or
b. Within two hundred fifty feet of East Palm Canyon Drive or a residential
zone.
2. The restrictions in subsection 94084180 9.108.090(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 Pplanning 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 Pplanning
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. Manufacturing Site
1. No Manufacturing Site shall be located within six hundred feet of a
school, Day-care Center, or youth center, within three hundred feet of a
residential zone, or within two hundred fifty feet of East Palm Canyon
Drive, except that the restrictions in this subsection 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
Manufacturing Site has existed in continuous operations at the subiect
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location since the time of original permitting.
2. Subject to the distance and other requirements of this Chapter, a
Manufacturing Site may only be located on a property within the I-1
Light Industrial 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 Manufacturing Sites and other specific
land uses.
3. All Manufacturing of Medical Cannabis shall occur in an Enclosed
Locked Structure.
4. Manufacturing 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
Manufacturing of Medical Cannabis or Manufactured Cannabis except
for any signage authorized by this Chapter.
6. All Manufacturing 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 Premises of the Manufacturing Site shall
be appropriately secured and all Medical Cannabis securely stored.
8. A Manufacturing Site, all operations conducted therein, and all
equipment used must be in compliance with all applicable state and
local laws, including all building, electrical, and fire codes.
9. If Hazardous Materials, Flammable Gas, Flammable Liquefied Gas,
Flammable and Combustible Liquids, or other Flammable Material, as
those terms are defined in CFC Section 202, are to be used in the
processing of Medical Cannabis, then the provisions of CFC Section 407
shall be applicable where Hazardous Materials subject to permits under
CFC Section 50 (Hazardous Materials) are located on the License
Premises or where required by the Fire Department official.
10.Storage, use and handling of compressed gases in compressed gas
containers, cylinders, tanks and systems shall comply with CFC
Chapter 53, including those gases regulated elsewhere in the Cathedral
City Municipal Code. Partially full compressed gas containers, cylinders
or tanks containing residual gases shall be considered as full for the
purposes of the controls required. Compressed gases classified as
hazardous materials shall also comply with CFC Chapter 50 for general
requirements and CFC Chapter 53 addressing specific hazards,
including CFC Chapter 58 (Flammable Gases), CFC Chapter 60 (Highly
Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers, Oxidizing Gases
and Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric
Materials). Prevention, control and mitigation of dangerous conditions
related to storage, use, dispensing, mixing and handling of flammable
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I liquids shall be in accordance with CFC Chapters and combustible ters 50 q p
and 57.
11. Manufacturing Sites are a Group F-1 (Factory Industrial Moderate-
hazard) Occupancy under the Fire Code. All new construction is
required to be fire sprinkled per the Fire Code. For Manufacturing Sites
that will be sited in an existing structure, an automatic sprinkler system
shall be provided throughout all buildings containing a Group F-1
occupancy where one of the following conditions exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than three stories above
grade plane.
c. The combined area of all Group F-1 fire areas on all floors,
including any mezzanines, exceeds 24,000 square feet.
C. Cultivation Sites.
1. No Cultivation Site shall be located within six hundred feet of a school, child
care or Day-care Center day care facility, or youth center, or within two
hundred fifty feet of East Palm Canyon Drive, or within three hundred feet
of a residential zone, except that the restrictions in this subsection 9.108.080
9.108.090(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 Pplanning 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 Pplanning
CEommission 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 cGultivation of Medical Cannabis shall occur in an Enclosed Locked
Structure. All outdoor cultivation of Medical Cannabis; Outdoors 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 Premises of the Cultivation Sites shall be
appropriately secured and all Medical Cannabis securely stored.
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8. Areas where Medical Cannabis is cultivated are wet locations, and the
electrical system in such areas must comply with Title 8 of this Code,
Article 300.6(D) of the National Electric Code, City and California
building codes, fire codes, electrical codes and all other applicable laws.
9. Cultivation Sites are a Group F-1 (Factory Industrial Moderate-hazard)
Occupancy under the Fire Code. All new construction is required to be
fire sprinkled per the Fire Code. For Cultivation Sites that will be sited
in an existing structure, an automatic sprinkler system shall be provided
throughout all buildings containing a Group F-1 occupancy where one
of the following conditions exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than three stories above
grade plane.
c. The combined area of all Group F-1 fire areas on all floors,
including any mezzanines, exceeds 24,000 square feet.
D. Testing Laboratory
RESERVED
E. Distributor
RESERVED
F. Any Medical Cannabis Business 9. e"- - - — - - - - 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 :- - - _ _ . - _ _• - Medical Cannabis Business 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.
G. All distances specified in this Ssection shall be measured in a straight line,
without regard to intervening structures or topography, from the nearest point of
the building or structure in which the Medical Cannabis Business is, or will be
located, to the - -- - . _ -- - . - - _ _ - - - - - --_ - - - -following
locations, or until the City limit is reached.
a. Setbacks from schools, day-care centers and youth centers, shall be
measured to the nearest property line of the parcel where such use
is located.
b. Setbacks from East Palm Canyon Drive shall be measured to the
nearest edge of the right-of-way for East Palm Canyon Drive.
c. Setbacks from residential zones shall be measured to:
i. The nearest point of any legally permitted structure located in
a residential zone or;
-- --- -- 19 P a g e
ii. If there is land within a residential zone with no legally
permitted structure, the measurement shall be to the nearest
property line unless the nearest property line is within the
public right-of-way, in which case the measurement shall be to
the edge of the right-of-way furthest from the proposed
Medical Cannabis Business.
If the Medical Cannabis Business is, or will be located, in a multi-unit
building, the distances shall be measured from the nearest point of the
suite in which the Medical Cannabis Business is or will be located.
• - . - e — - - -
In addition to any requirements in Chaptcr 5.88 and Chapter 3.28 of this Code, the
following requirements for transfer of Ownership, change of financial interest, or
- - • . .
control.
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
E. A .. _ _ --
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
- - e-- -- e • _ .
• ! I I - - ..
- -e e . . . -- -
forth in Section 9.72.130(c), the planning commission and/or the City Council
may :uspend or revoke a conditional use permit if the planning commission
and/or the City Council find•
1. Good Cause; or
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Cannabis Business License or conditional - use permit under Section
3. The Licensee fails to allow inspection of the security recordings, membership
9.108.10040 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 Applicants,
Licensees, Applicants? Owners, employees, volunteers, principals, Qualified
Medical Cannabis Patients, ID Card holders, or Primary Caregivers of
mss-, 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, Applicant or
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 Public Records Act
(California Government Code §§ 6254j d),(k),(I), 6276).
C. The City shall maintain iInformation identifying the names, addresses, or social
security numbers of Qualified Medical Cannabis Patients, ID Card holders,
disclosing an individual Medical Cannabis Patient's medical conditions and any
treatment proscribed, recommended, or discussed, or disclosed, or the names of
their Primary Caregivers, received and contained by a Medical Cannabis
Business or any City official pursuant to this Chapter in a manner that in
compliance with the are hereby deemed "medical information" within the
meaning of the Confidentiality of Medical Information Act (California Civil Code
§ 56, et seq.) and shall not be disclosed by the Medical Cannabis Business or
by any City official except in accordance with the restrictions on disclosure of
"individually identifiable medical information" under the Confidentiality of Medical
Information Act (California 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 Medical Cannabis Patient ,
their medical condition, or the name of their Primary Caregiver, a City official
shall contact the Medical Cannabis Ppatient and inform the Medical Cannabis
Ppatient of the request and if the request was made in writing, a copy of the
request.
E. Notwithstanding Section 56.10 of the California Civil Code, neither a Medical
Cannabis Business, nor a City official, shall disclose, the names, addresses, or
-----------
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social security numbers of Medical Cannabis Ppatients, their medical conditions,
or the names of their Primary Caregivers, sooner than the 10th day after which
the Medical Cannabis Ppatient whose records are sought to be disclosed has
been contacted.
F. The information required by Section 9.108.120439 and recordings from security
cameras, as well as operating plans and security plans required by Section
9.108.050(B)(9) and 9.108.050(B)(10) shall be confidential and shall not be
subject to public inspection or disclosure except to City employees for purposes
of law enforcement.
9.108.11020 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 Cohapter, 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 Ccity-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.
9.108.12030 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 Community
Development Director, the City Manager, the chief of police or their designee
upon verbal request for law or regulatory enforcement and criminal investigation
purposes.
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B. The Community Development Director, the City Manager, or their designated
Ocode 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 Community Development Director or the City Manager shall have the right
to inspect membership records of Medical Cannabis Patients and Primary
Caregivers that use a Dispensary for the sole purpose of determining whether
all such individuals members of—the Dispcnsary's related collective or
cooperative are qualified to use the Dispensary. 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.
9.108.13040 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 this 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 Community
Development 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.
9.108.140 Suspension or revocation of conditional use permit.
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:
A. Good Cause;
B. The building, structure, equipment, location or manner of operation of such
business does not comply with the requirements of or fails to meet the
standards of the health, zoning, fire and safety laws of the state and
ordinances of the city applicable to such business operations; or
C. 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 Pplanninq Coommission to initially deny the
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conditional use permit under Section 9.108.060 or Chapter 9.72 of this Code,
9.108.150 Public Nuisance.
A. Public Nuisance. It is unlawful and it shall be a public nuisance subject to the
provisions of Section 13.80.240 and Chapter 13.90 of this Code, to establish, maintain,
or operate a Medical Cannabis Business within the City without having received a Local
License pursuant to Chapter 5.88 and a conditional use permit pursuant tom this
Chapter and Chapter 9.72 of this Code.
B. Violations. The City Manager may establish a schcdulc of fines, suspension, or
revocation as the standard punishment for specific violations of this Chapter. Any
shall be subject to the provisions set forth in Chapter 13.65, including but not limited to
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
Section 5. 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 6. 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 7. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after certification.
Section 8. 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 9. POSTING
The City clerk shall within 15 days after passage of this Ordinance, cause it to be
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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 April 27, 2016 City Council Meeting and
adopted by the City Council of the City of Cathedral City at its meeting held May 11,
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
= Stanley E. Henry, Mayor
Attest:
1 ,
Gary owell, ' i' 'erk
Approved as to Form:
•
Eric S. Vail, City Attorney
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