HomeMy WebLinkAboutOrd 789 ORDINANCE NO. 789
AN ORDINANCE OF THE CITY COUNCIL OF CATHEDRAL CITY,
CALIFORNIA, AMENDING CHAPTERS 9.108, 9.26, 9.28 9.30, 9.36,
9.38, 9.40, 9.42 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 Cannabis Regulation and Safety Act" or "MCRSA") to
clarify legal requirements pertaining to medical cannabis; and
WHEREAS, the MCRSA 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 has adopted regulations governing the licensing and
land use regulation of medical cannabis dispensaries, cultivators and manufacturers as
permitted by state law;
WHEREAS, Cathedral City desires to license, permit, and adopt land use
regulations governing the distribution, testing and transportation of medical cannabis as
permitted by state law;
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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 businesses 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 ("Definitions") is
hereby amended as follows:
The definition of "cultivation site" is amended to read as follows:
"Cultivation site" has the same meaning as that term is defined by Section 19300.5(1) of
the California Business and Professions Code.
The definition of"manufacturing site" is amended to read as follows:
"Manufacturing site" has the same meaning as that term is defined by Section
19300.5(ae) of the California Business and Professions Code.
The definition of"medical cannabis business" is amended to read as
follows:
"Medical cannabis business" has the same meaning as that term is defined by Section
9.108.030 of this title.
The following definitions are inserted into the section in alphabetical order:
"Distribution" has the same meaning as that term is defined by Section 19300.5(p) of
the California Business and Professions Code.
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"Distributor" has the same meaning as that term is defined by Section 19300.5(q) of the
California Business and Professions Code
"Distribution site" means a facility where medical cannabis is stored or inspected by a
Distributor for the purposes of Distribution.
"Testing Laboratory" has the same meaning as that term is defined by Section
19300.5(ak) of the California Business and Professions Code.
"Transporter" has the same meaning as that term is defined by Section 19300.5(an) of
the California Business and Professions Code.
"Transportation site" means a physical location where a Transporter conducts business
while not in transport or any equipment that is not currently transporting medical
cannabis or medical cannabis products, permanently resides.
Section 3. Section 9.108.090(D) ("Conditional use permit requirements for medical
cannabis businesses-Permitted zones-Distance and other conditions of
approval") of the Cathedral City Municipal Code is hereby amended to read as
follows:
D. Testing Laboratory
1. All testing laboratories, all operations conducted therein, and all equipment used
must be in compliance with all applicable state, county and local laws, including
all building, electrical and fire codes.
2. A testing laboratory shall adopt procedures to ensure that, as approved and
conditioned, the facility will not result in detrimental impacts on the environment.
3. All windows on the licensed premises of the testing laboratory shall be
appropriately secured and medical cannabis securely stored.
Section 4. Section 9.108.090(E) ("Conditional use permit requirements for medical
cannabis businesses-Permitted zones-Distance and other conditions of
approval") of the Cathedral City Municipal Code is hereby amended to read as
follows:
E. Distribution and Transportation Site.
1. Distribution and Transportation Sites shall store all medical cannabis and medical
cannabis products in a locked safe room, safe, or vault and in a manner to
prevent diversion, theft, and loss.
2. All windows on the licensed premises of the distribution and transportation site
shall be appropriately secured and medical cannabis securely stored.
3. No distribution or transportation site shall be located within six hundred feet of a
school, day-care center, or youth center, or within two hundred fifty feet of East
Palm Canyon Drive, or within three hundred feet of a residential zone, except
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that the restrictions in this subsection E 3 shall not apply to any location where
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the city previously issued a conditional use permit authorizing distribution or
transportation under this chapter and Chapter 9.72 of this code and such
distribution or transportation has existed in continuous operations at the subject
location since the time of original permitting.
Section 5. Section 9.26.020 of the Cathedral City Municipal Code ("PPO PLANNED
PROFESSIONAL OFFICE DISTRICT, Permitted Uses") is hereby amended to add
the following uses to be inserted in alphabetical order:
Testing laboratory
Section 6. Section 9.28.020 the Cathedral City Municipal Code ("PLC PLANNED
LIMITED COMMERCIAL DISTRICT, Permitted Uses") is hereby amended to add
the following uses to be inserted in alphabetical order:
Testing laboratory
Section 7. Section 9.30.030 the Cathedral City Municipal Code ("PCC PLANNED
COMMUNITY COMMERCIAL DISTRICT, Conditional Uses") is hereby amended to
add the following uses to be inserted in alphabetical order:
Distribution site
Transportation site
Section 8. Section 9.36.040 the Cathedral City Municipal Code ("CBP-2
COMMERCIAL BUSINESS PARK DISTRICT, Conditional Uses") is hereby
amended to add the following uses to be inserted in alphabetical order:
Distribution site
Manufacturing site
Transportation site
Section 9. Section 9.38.030 the Cathedral City Municipal Code ("NBP
NEIGHBORHOOD BUSINESS PARK (TRANSITION) DISTRICT, Permitted Uses") is
hereby amended to add the following uses to be inserted in alphabetical order:
Testing laboratory
Section 10. Section 9.40.040 the Cathedral City Municipal Code ("I-1 LIGHT
INDUSTRIAL DISTRICT, Conditional Uses") is hereby amended to add the
following uses to be inserted in alphabetical order:
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Distribution Site
Transportation Site
Section 11. Section 9.42.030 of the Cathedral City Municipal Code ("OS Open
Space District, Conditional Uses") is hereby amended to add the following uses
to be inserted in alphabetical order:
Distribution Site
Transportation Site
Section 12. Section 9.108.030 of the Cathedral City Municipal Code
("Definitions") is hereby amended as follows:
Subsection (D) is amended to read as follows:
D. "Commercial cannabis activity" has the same meaning as that term is defined by
Section 19300.5(j) 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.
Subsection (F) is amended to read as follows:
F. "Cultivation site" has the same meaning as that term is defined by Section 19300.5(1)
of the California Business and Professions Code.
Subsection (1)(4) is amended to replace the last sentence of that section
with the following:
"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)(4) of the
California Business and Professions Code;"
Subsection (R) is amended to read as follows:
R. "Manufactured cannabis" has the same meaning as that term is defined by Section
19300.5(ac) of the California Business and Professions Code.
Subsection (S) is amended to read as follows:
S. "Manufacturing site" has the same meaning as that term is defined by Section
19300.5(ae) of the California Business and Professions Code.
Subsection (T) is amended to read as follows:
T. "Medical cannabis" has the same meaning as that term is defined by Section
19300.5(af) of the California Business and Professions Code.
Subsection (W) is hereby amended to read as follows:
W. "Medical Cannabis Regulation and Safety Act" or "MCRSA" means Chapter 3.5 of
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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.
Subsection (Z) is amended to read as follows:
Z. "Person" has the same meaning as that term is defined by Section 19300.5(ah) of
the California Business and Professions Code.
Subsection (GG) is amended to read as follows:
GG. "State license" has the same meaning as that term is defined by Section
19300.5(aj) of the California Business and Professions Code.
Section 13. Title 9 of the Cathedral City Municipal Code is hereby amended to
replace all references to the "Medical Marijuana Regulation and Safety Act" with
the "Medical Cannabis Regulation and Safety Act" and all references to "MMRSA"
with "MCRSA."
Section 14. ENVIRONMENTAL FINDINGS
The City Council finds that this Ordinance is Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), as this
amendment is considered "Not a Project".
Section 15. 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 16. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after certification.
Section 17. 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 18. 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.
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The foregoing Ordinance was introduced at the January 25, 2017, City Council Meeting
and adopted by the City Council of the City of Cathedral City at its regular meeting held
February 8, 2017, by the following vote:
Ayes: Council MEmbers Aguilar and Kaplan; Mayor Pro Tem Pettis
Noes: Council Member Carnevale
Abstain: None
Absent: Mayor Henry
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ATTES :
op. 24 111111_ 40' OP
aryl . ',owell, City Clerk
APPROVED AS ' FORM:
Eric S. Vail, City Attorney
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