HomeMy WebLinkAboutOrd 1329 - ZOA 17-027 Cannabis Use and RegulationsREQUEST:
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
CONSIDERATION TO ADOPT A ZONING ORDINANCE AMENDMENT
AMENDING PALM DESERT MUNICIPAL CODE SECTION 25.34.120
CANNABIS USE AND REGULATIONS AND CHAPTERS 25.16
COMMERCIAL AND INDUSTRIAL DISTRICTS AND 25.18
DOWNTOWN DISTRICTS, AND TO ESTABLISH SECTION 5.101
COMMERCIAL CANNABIS REGULATORY PERMITS, AND CHAPTER
8.38 PERSONAL USE OF CANNABIS TO ESTABLISH A COMMERCIAL
AND PERSONAL CANNABIS REGULATORY STRUCTURE AND
ALLOW FOR CANNABIS BUSINESSES WITHIN THE CITY, SUBJECT
TO A CONDITIONAL USE PERMIT
SUBMITTED BY: Eric Ceja, Principal Planner
APPLICANT: City of Palm Desert
CASE NO.: ZOA 17-027
DATE: September 28, 2017
CONTENTS:
1. City Council Ordinance No. 1329; approving changes to the City's
Municipal Code
2. Exhibit A— Section 25.34.120 Commercial Cannabis Business and
Personal Cultivation
3. Exhibit B — Chapter 25.16 Commercial and Industrial Districts
4. Exhibit C — Chapter 25.18 Downtown District Development
Standards
5. Exhibit D — Chapter 5.101 Commercial Cannabis Regulatory Permits
6. Exhibit E — Chapter 8.38 Personal Use of Cannabis
Recommendation
Waive further reading and pass Ordinance No. 1329 to second reading;
amending Chapters 25.34.120 Commercial Cannabis Business and
Personal Cultivation, 25.16 Commercial and Industrial Districts, and 25.18
Downtown District Development Standards to allow for commercial
cannabis businesses subject to approval of a Conditional Use Permit, and
establish Chapter 5.101 Commercial Cannabis Regulatory Permits and
Chapter 8.38 Personal Use of Cannabis to establish a regulatory structure
to implement a cannabis policy in the City of Palm Desert.
Staff Report
ZOA 17-027 Cannabis
Page 2 of 2
September 28, 2017
Background
The City Council considered amendments to the Palm Desert Municipal Code
(PDMC) to allow for commercial cannabis businesses and personal cannabis use at
their meeting of August 24, 2017. At that meeting, the City Council directed staff to
establish a merit -based system for issuing conditional use permits and to limit the
total number of permits available for retail cannabis businesses. The ordinance was
continued to the City Council meeting of September 7, 2017, and subsequently
continued to the City Council meeting of September 28, 2017, to allow staff
additional time to research City Council's direction.
Discussion
Staff has divided the initial proposed ordinance to various sections of the PDMC to
better distinguish between the City's commercial permitting and regulatory structures
(Chapter 5 vs. Chapter 25). Although divided, the substance of the original ordinance
remains unchanged with the exception of the total number of permits available for
retail cannabis operations. After consideration, based on community and City
Council feedback, staff is proposing to limit the total permits available for retail
cannabis businesses to six (6) through calendar year 2018. After 2018, staff and the
City Council will review the impacts of commercial cannabis operations in the City
and evaluate if the total number of permits should remain, be contracted, or be
expanded. In addition, as a means to avoid oversaturating any particular street no
more than three (3) permits will be issued for any one street.
In addition, staff is preparing a detailed guideline for a merit -based review of
applications for all commercial cannabis operations. These guidelines will be in place
by the end of October 2017 to allow potential applicants sufficient time to tailor their
proposals.
Submitted By:
Eric Ceja, Princip Planner
Department Head:
Ryan Stendell, Director of Community Development
Approval:
Lauri Aylaian, City Manager
ORDINANCE NO. 1329
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE
AMENDMENT AMENDING PALM DESERT MUNICIPAL CODE
CHAPTERS 25.34.120, 25.16 AND 25.18 TO ALLOW COMMERCIAL
CANNABIS OPERATIONS IN THE CITY, SUBJECT TO A
CONDITIONAL USE PERMIT; AND ESTABLISH CHAPTERS 5.101
COMMERCIAL CANNABIS REGULATORY PERMITS AND 8.38
PERSONAL USE OF CANNABIS
CASE NO: ZOA 17-027
WHEREAS, pursuant to the authority granted to the City of Palm Desert ("City") by
Article XI, Section 7 of the California Constitution, the City has the police power to regulate the
use of land and property within the City in a manner designed to promote public convenience
and general prosperity, as well as public health, welfare, and safety; and
WHEREAS, adoption and enforcement of comprehensive zoning regulations and other
land use regulations lies within the City's police powers; and
WHEREAS, California has adopted, through ballot initiative, the Control, Regulate, and
Tax Adult Use of Marijuana Act (AUMA) to regulate the adult personal and commercial use of
cannabis, pursuant to local authority preserved in the AUMA; and
WHEREAS, the City Council established an Ad Hoc Cannabis Committee, comprised
of industry representatives, community members, and City staff, to review a potential cannabis
ordinance and to make recommendations for changes to the City's Municipal Code to allow
and regulate cannabis businesses; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
1st day of August 2017, hold a duly noticed public hearing to consider changes to the City's
Zoning Ordinance to allow cannabis businesses in the City subject to approval of a Conditional
Use Permit and certain regulations and adopted a resolution recommending approval of the
changes to the municipal code to the City Council; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day
of August, 2017, hold a duly noticed public hearing to consider changes to the Municipal Code
of the City of Palm Desert, and continued the request until September 7th, 2017; and
subsequently continued the request until September 28th, 2017, to allow additional time to
separate the proposed ordinance changes and to distinguish between personal and
commercial cannabis use; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day
of September, consider the proposed changes to the Palm Desert Municipal Code to establish
land use and business regulations for personal and commercial cannabis use and operations;
and
WHEREAS, the requirements established in the ordinance ensure that cannabis
businesses can operate in the City in a safe and limited manner, subject to review and
approval of a Conditional Use Permit by the Planning Commission; and
ORDINANCE NO. 1329
WHEREAS, the requirements established in this ordinance ensure that cannabis
businesses operate in accordance with State Law and requires that all commercial cannabis
operations obtain licensing from the State Bureau of Cannabis Control; and
WHEREAS, the City Council of the City of Palm Desert, California has determined that
the amendments to Municipal Code Chapters 25.34.120, 25.16, 25.18, and establishing
Chapters 5.101 and 8.38, are consistent with the General Plan and applicable state law; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts and reasons to exist to approve said request:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California as follows:
SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing
recitals as its findings in support of the following regulations and further finds that the
following regulations are beneficial and appropriate to protect the health, safety and welfare
of the residents and businesses of Palm Desert within the City limits.
SECTION 2. Adoption to rescind and replace Chapter 25.34.120 "Medicinal
Cannabis Uses" with Chapter 25.34.120 "Cannabis Use and Regulations" of the Citv's
Zoning Ordinance as identified in Exhibit "A" attached to this Ordinance.
SECTION 3. Adoption of amendments to Chapter 25.16 "Commercial and
Industrial Districts" of the Citv's Zoning Ordinance as identified in Exhibit "B"
attached to this Ordinance.
SECTION 4. Adoption of amendments to Chapter 25.02 "Downtown Districts
Development Standards" of the Citv's Zoning Ordinance as identified in Exhibit "C"
attached to this Ordinance.
SECTION 5. Adoption to establish Chapter 5.101 "Commercial Cannabis
Regulatory Permits" of the Citv's Municipal Code as identified in Exhibit "D" attached
to this Ordinance.
SECTION 6. Adoption to establish Chapter 8.38 "Personal Use of Cannabis" of
the Citv's Municipal Code as identified in Exhibit "E" attached to this Ordinance.
SECTION 7. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this ordinance or any
part thereof. The Planning Commission hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof
irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
2
ORDINANCE NO. 1329
SECTION 8. California Environmental Quality Act Finding. The City of Palm
Desert (City), in its capacity as the Lead Agency under the California Environmental Quality
Act (CEQA), has determined that this Zoning Ordinance Amendment (ZOA) is exempt from
CEQA review pursuant to Section 15060(c)2 in that the proposed action will not result in a
direct or reasonable foreseeable indirect physical change in the environment, and Section
15061 (b)3 in that the ZOA to regulate the use of cannabis and cannabis businesses is not a
"project" and is not subject to CEQA review. At their meeting on August 1, 2017, the
Planning Commission adopted a Notice of Exemption under the CEQA guidelines.
SECTION 9. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this ordinance in The Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be in full
force and effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 28TH day of September. 2017, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JAN C. HARNIK, MAYOR
3
ORDINANCE NO.: 1329
Exhibit "A"
PDMC SECTION: 25.34.120 — Commercial Cannabis Business and Personal
Cultivation
A. Purpose and Intent
It is the purpose and intent of this section to regulate the commercial cultivation,
manufacturing, testing, distribution, delivery, retail sale and personal cultivation, of
medicinal cannabis and non -medicinal adult -use cannabis within the City of Palm Desert.
This section is prepared in accordance with the Compassionate Use Act of 1996 ("CUA"),
the Medical Marijuana Program Act ("MMP"), and the Medicinal and Adult -Use Cannabis
Regulation and Safety Act ("MAUCRSA") (collectively, "State law"), which give local
jurisdictions the authority to establish land use regulations related to the personal and
commercial uses of cannabis.
Nothing in this chapter shall be construed to (1) permit persons to engage in conduct that
endangers others or causes a public nuisance, (2) permit the use or cultivation of cannabis
beyond the limits established in state law related to cannabis, or (3) permit any activity
relating to the cultivation, processing, sale, or distribution of cannabis that is illegal under
state law, generally.
Nothing in this chapter shall be construed to prohibit primary caregivers and qualified
patients to lawfully act under State law.
B. Definitions
For the purpose of this chapter, the following definitions shall apply:
"Applicant" means an owner that applies for a conditional use permit under this chapter.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means
the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does
not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or
the sterilized seed of the plant which is incapable of germination. For the purpose of this
division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the
California Health and Safety Code.
"Cannabis products" means cannabis that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to, concentrated
cannabis, or an edible or topical product containing cannabis or concentrated cannabis and
other ingredients.
"City" means the City of Palm Desert.
ORDINANCE NO.: 1329
"Commercial cannabis business" means any commercial operation associated, in whole or
in part, with the cultivation, possession, manufacture, distribution, processing, storing,
laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and
cannabis products.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
"Daycare center" means any child day care facility other than a family day care home, and
includes infant centers, preschools, extended day care facilities, and school -age child care
centers.
"Delivery" means the commercial transfer of cannabis or cannabis products to a customer.
"Delivery" also includes the use by a retailer of any technology platform owned and
controlled by the retailer.
"Distribution" means the procurement, sale, and transport of cannabis and cannabis
products between entities permitted or licensed by the City and/or State of California.
"Licensee" means the holder of any state issued license related to Commercial Cannabis
Businesses, including but not limited to licenses issued under Division 10 of the California
Business and Professions Code.
"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a
cannabis product.
"Manufacturer" means a permittee that conducts the production, preparation, propagation,
or compounding of cannabis or cannabis products either directly or indirectly or by
extraction methods, or independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis at a fixed location that packages or repackages
cannabis or cannabis products or labels or relabels its container.
"Owner" means any of the following: (1) a person with an aggregate ownership interest of
20 percent (20%) or more in the person applying for the permit, unless such interest is
solely a security, lien, or encumbrance; (2) the chief executive officer of a nonprofit or other
entity; (3) a member of the board of directors of a nonprofit; or (4) an individual who will be
participating in the direction, control, or management of the person applying for the permit.
"Permittee" means any person granted a conditional use permit under this chapter.
"Person" means any individual, firm, partnership, joint venture, association, corporation,
limited liability company, estate, trust, business trust, receiver, syndicate, or any other group
or combination acting as a unit, and the plural as well as the singular.
"Private residence" means a house, an apartment unit, mobile home, or other similar
dwelling unit.
ORDINANCE NO.: 1329
"Retail cannabis business" or "retailer" means a business that sells and/or delivers cannabis
or cannabis products to customers.
"Sell," sale," and "to sell" include any transaction whereby, for any consideration, title to
cannabis is transferred from one person to another, and includes the delivery of cannabis or
cannabis products pursuant to an order placed for the purchase of the same and soliciting
or receiving an order for the same, but does not include the return of cannabis or cannabis
products by a permittee or licensee to the permittee or licensee from whom such cannabis
or cannabis product was purchased.
"State license" means a state license issued under Division 10 of the California Business
and Professions Code.
"Testing laboratory" means a laboratory, facility, or entity in the City that offers or performs
tests of cannabis or cannabis products and meets the licensing requirements found in
MAUCRSA.
"Youth center" means any public or private facility that is primarily used to host recreational
or social activities for minors, including, but not limited to, private youth membership
organizations or clubs, social service teenage club facilities, video arcades, or similar
amusement park facilities.
C. Conditional Use Permit Required.
1. The City may authorize a total of six (6) conditional use permits for retail
cannabis businesses to operate in the City of Palm Desert. Conditional use permits for all
other commercial cannabis businesses shall be issued in accordance with the zoning and
separation requirements established in this ordinance. Prior to initiating operations and as a
continuing requisite to operating a commercial cannabis business in the City, an applicant
must obtain and maintain a valid conditional use permit, regulatory permit as required under
Chapter 5.101, and a State license for each commercial cannabis business use authorized
under the conditional use permit. Unless otherwise stated in this Section, the provisions
found in Section 25.72.050 Conditional Use Permit shall apply.
2. Building permits for improvements associated with a commercial cannabis
business may be issued once an applicant has obtained a conditional use permit and
regulatory permit; however, a certificate of occupancy to operate will not be issued until said
commercial cannabis business has obtained and provided proof of a State license for each
commercial cannabis business use authorized under the conditional use permit.
3. Changes in State license type, business owner, or operation will require an
amendment to the approved conditional use permit.
4. A cannabis delivery service business with a physical address outside the City
is not required to obtain a conditional use permit under this chapter, but is required to obtain
a City business license.
5. This Section does not apply to cannabis possession or use, as allowed by
State law. Regulations regarding personal cultivation can be found in Chapter 8.38.
ORDINANCE NO.: 1329
D. Permitted Locations and Standards.
1. Commercial cannabis businesses may operate in the City's commercial,
industrial, office, and downtown zoning districts as identified in Section 25.16.030 "Allowed
Land Uses and Permits Requirements" and Section 25.18.040 "Land Use and Permit
Requirements" of the Palm Desert Municipal Code, with the exception of the City's
Downtown Core Overlay District, upon issuance of a conditional use permit, regulatory
permit, and State license.
a. Retailers are conditionally permitted in the Planned Commercial ("PC")
-1 District, PC-2 District, PC-3 District, PC-4 District, and Downtown (D) District. No
more than six (6) conditional use permits will be issued for retail cannabis
businesses. No more than three (3) retail cannabis businesses may locate on any
single street.
b. Testing laboratories are conditionally permitted in the Office
Professional (OP) District and Service Industrial (SI) District.
c. Commercial cultivation businesses are conditionally permitted in the SI
District.
d. Delivery -only businesses are conditionally permitted in the SI District.
e. Distribution businesses are conditionally permitted in the SI District.
f. Manufacture businesses are conditionally permitted in the SI District.
2. Commercial cannabis businesses shall conform to the following separation
requirements:
a. No conditional use permit shall be issued to a cannabis retailer that is
located within 1,500 feet of another approved commercial cannabis business. No
more than three (3) cannabis retailers will be permitted to operate on a single street.
b. A commercial cannabis business whose main business function is
cannabis cultivation, distribution, manufacturing, transportation, or delivery, and
whose location is limited to the City's Service Industrial zoning district only, shall be
separated by 1,500 feet from another approved commercial cannabis business.
c. A commercial cannabis business whose main business function is to
operate as a testing laboratory is subject to a separation requirement of 500 feet
from another approved commercial cannabis business and is exempt from the 1,500
foot separation requirement listed in subsections a. and b., above.
d. No conditional use permit will be issued for commercial cannabis
business located within 600 feet of a school providing instruction in kindergarten or
ORDINANCE NO.: 1329
any grades 1 through 12, daycare center, or youth center that is in existence at the
time the license is issued.
e. With the exception of commercial cannabis businesses whose
business is located within a mixed -use building or whose primary business function
is as a testing laboratory, no conditional use permits shall be issued for commercial
and industrial properties abutting public parks or private residence.
f. All separation requirements will be measured from the outer extents of
the commercial cannabis businesses lease space to the outer extents of another
commercial cannabis businesses lease space, or to the property line of a school,
daycare center and youth center.
3. Conditional Use Permit Submittal Requirements — In addition to the
requirements listed in the conditional use permit, all commercial cannabis business
applicants shall submit the following information:
a. Exterior Facade. Renderings of the business facade shall be provided
and reviewed as part of the Conditional Use Permit. Building facade plans shall
include renderings of the exterior building elevations for all side of the building. All
building facades shall be tastefully done and in keeping with the high architectural
quality and standards of the City of Palm Desert. Because State Law limits certain
advertising, the business facade and building signs shall be compatible and
complimentary to surrounding businesses and shall add visual quality to the area.
b. Energy and Water Assessments. Commercial cannabis businesses
shall supply energy and water assessments for review as part of the conditional use
permit process. These assessments shall estimate the total amount of annual
electrical and water use required to operate the commercial cannabis business.
Review of the assessment may require the applicant to supplement electrical and
water use at the site to minimize adverse environmental impacts.
E. Grounds for Permit Denial, Suspension, and Revocation
Any conditional use permit issued pursuant to the provisions of this section may be denied,
suspended, or revoked by the Planning Commission upon receiving satisfactory evidence
that the applicant or permittee or owner, its agent(s), employee(s), or any person connected
or associated with the applicant or permittee:
1. Has knowingly made false statements in the applicant's application or in any
reports or other supporting documents furnished by the applicant;
2. Has failed to maintain a valid State license;
3. Has failed to comply with any applicable provision of the Palm Desert
Municipal Code, including but not limited to this chapter, the City's building, zoning, and
health and public safety regulations;
ORDINANCE NO.: 1329
4. Has failed to comply with any condition imposed on the conditional use
permit; or
5. Has allowed the existence of or created a public nuisance in violation of the
Palm Desert Municipal Code.
F. Personal Cultivation
City residents are permitted to cultivate cannabis on private residential property for personal
use and in accordance with MAUCRSA, subject to the following standards:
1. Outdoor Cultivation
a. Cultivation for personal use is only permitted on private residential
property developed with at least one residential dwelling unit. No more than six (6)
plants are permitted to be cultivated at a private residence. Property owners retain
the ability to prohibit renters from cultivation and any renter choosing to cultivate
shall first obtain written authorization from the property owner to cultivate on site.
b. Outdoor cultivation is limited to rear and side yard areas and only if
screened by a solid block wall no less than six (6) feet in height.
c. Outdoor cultivation shall not be visible from surrounding public streets
or adjoining properties. As such, cannabis plants may not grow above the height of
the property line walls unless screened by another approved screening method.
d. Outdoor cultivation within 600 feet of a school, daycare center, or
youth center is prohibited.
2. Indoor Cultivation
a. Indoor cultivation must have adequate ventilation. Structural,
ventilation, electrical, gas, or plumbing changes to accommodate indoor cultivation
are required to obtain a building permit from the City's Building and Safety
Department.
b. The use of volatile solvents, as defined in Section 11362.3d of the
California Business and Professions Code, including but not limited to butane,
propane, xylene, gasoline, kerosene, and other dangerous and poisonous toxins or
carcinogens, are prohibited for indoor cultivation at a private residence.
G. Application Fee and Reimbursement Agreement.
At the time an applicant submits an application under this Section, the applicant shall also
supply an application fee in an amount to be determined by resolution by the city council, an
executed reimbursement agreement on a form provided by the city to fully reimburse the
City for all costs, expenses, and fees, including but not limited to attorney fees and
consultant fees, incurred by the City related to the commercial cannabis business, and a
deposit in an amount as provided for in the reimbursement agreement terms.
ORDINANCE NO.: 1329
H. Prohibited Operations.
Any commercial cannabis business that does not have (i) an approved conditional use
permit, (ii) a regulatory permit required under this code, and (iii) a State License is expressly
prohibited in all city zones and is hereby declared a public nuisance that may be abated by
the city and is subject to all available legal remedies, including, but not limited to civil
injunctions.
I. Violations and Penalties.
1. In addition to any other remedy allowed by law, any person who violates a
provision of this chapter is subject to criminal sanctions, civil actions, administrative
penalties, permit suspension, and permit revocation, if applicable.
2. Violations of this chapter constitute an infraction or misdemeanor and may be
enforced by any applicable law.
3. Violations of this chapter are hereby declared to be public nuisances.
4. Each person is guilty of a separate offense each day a violation is allowed to
continue and every violation of this chapter shall constitute a separate offense and shall be
subject to all remedies.
5. All remedies prescribed under this chapter shall be cumulative and the
election of one or more remedies shall not bar the city from the pursuit of any other remedy
for the purpose of enforcing the provisions hereof.
ORDINANCE NO.:1329
Exhibit B
Chapter 25.16 — Commercial and Industrial Districts
Sections in This Chapter
25.16.010 Purpose 16-1
25.16.020 Characteristics of the Commercial and Industrial Districts 16-1
25.16.030 Allowed Land Uses and Permit Requirements 16-2
25.16.040 Specific Use Standards 16-3
25.16.050 Development Standards 16-6
25.16.010 Purpose
The purpose of this chapter is to establish commercial and industrial zoning districts in the City,
along with allowed use and development standards applicable to those districts. These districts
are consistent with and implement the City's General plan commercial and industrial district and
center land use categories as indicated in Table 25.04-1 (Zoning Districts).
25.16.020 Characteristics of the Commercial and Industrial Districts
The following descriptions of each district identify the characteristic uses, intensity of uses, and
intended level of development for that district.
A. Office Professional (OP). This district is intended for various levels of intensities for
business, office, administrative, research and development, and/or professional land
uses. This district is characterized by urban streetscapes with formal tree arrangements
and larger block sizes.
B. Planned Commercial (PC). The PC districts provide flexibility for commercial and
mixed -use development. Generally, these districts are characterized as coordinated
projects that integrate compatible commercial and residential mixed -uses. PC districts
balance the need for automobile parking and pedestrian connections that are organized
around walkable streetscapes and other pedestrian amenities. PC districts are further
refined based on property size, proximity to residential uses, and as described below:
1. Specialty Commercial Center (PC-1). The specialty commercial center
provides for small-scale commercial development that primarily serves
surrounding neighborhoods and other immediate land uses. This district is
characterized as being located in close proximity to residential development and,
as such, provides high levels of convenient pedestrian access. This district also
promotes the development of mixed -use (10.0 — 15.0 du/ac) as a transition
between residential uses and other development types.
2. District Commercial Center (PC-2). The district commercial center provides
convenient shopping opportunities outside of the downtown core area. This PC
district provides large -format retail areas for the broader community and provides
flexibility for the integration of mixed -use (10.0 — 15.0 du/ac) on upper floors of
commercial buildings. The center is also characterized by traditional parking lots
16-11Page Chapter 25,16 Commercial and Industrial Districts
with formal tree arrangements and spacing and sufficient space for pedestrian
areas and open space.
3. Regional Commercial Center (PC-3). The regional commercial center provides
a unified area for commercial uses which offer a wide range of goods and
services, including comparison and convenience shopping, entertainment,
cultural, and recreational uses. The district provides for large-scale, large -format,
commercial development that serves the broader region and is generally located
around major intersections and properties in proximity to freeway overpasses.
Although this district is predominately commercial, mixed -use (10.0 — 15.0 du/ac)
is allowed and should be integrated into developments on the upper floor.
4. Resort Commercial Center (PC-4). The resort commercial center allows for the
development of a range of entertainment, hospitality, restaurants, and
recreational facilities with related commercial uses to serve visitors to the City.
The district is characterized by multi -story development that provides recreation
and entertainment amenities in accordance with its urban/natural setting, and
provides flexibility to integrate mixed -use (10.0 du/ac).
C. Service Industrial (SI). This district allows for the development of traditional business
parks that allow for manufacture, distribution, research and development, and service of
products intended for use within Palm Desert and surrounding communities. The district
is characterized as having a more urban setting with buildings located near roadways,
shared and connected parking, and streetscapes with formal street tree arrangements.
25.16.030 Allowed Land Uses and Permit Requirements
Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses and
corresponding permit requirements for commercial and industrial districts and all other
provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99
(Definitions). The "Special Use Provisions" column in the table identifies the specific chapter or
section where additional regulations for the specific use type are located within this ordinance.
Use regulations in the table are shown with representative symbols by use classification listing:
"P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an
administrative use permit, "C" symbolizes uses that require approval of a conditional use permit,
and "N" symbolizes uses that are not permitted. Uses that are not listed are not permitted.
However, the Commission may make a use determination as outlined in Section 25.72.020 (Use
Determinations).
Chapter 25.16 Commercial and Industrial Districts 16-2/Page
ORDINANCE NO.:1329
Table 25.16-1: Use Matrix for Commercial and Industrial Districts
Residential Uses
Caretaker housing
Condominium
Dwelling, duplex
Dwelling, multifamily
Dwelling, single-family
Group home
Single -room occupancies
Homeless Shelter
Commercial/industrial District
(P=Permitted; A=Administrative Use
Permit; C=Conditional Use Permit;
NAM Permitted)
OP PC-1 PC-2 PC-3 PC-4 SI
N N
C C
C C
C C
C t C
C C
N N
N , N
N N
N C
P
C C C
C C C
C N
N N
N N
N i N
Recreation, Resource Preservation, Open Space, and Public Assembly Uses
Amusement facility, indoors
Amusement facility, outdoors
Community facility
Day care center
Emergency shelters
Entertainment facility, indoor
Entertainment facility, outdoor
Institution, educational
Institution, general
Institution, religious
Open space (developed or natural)
Recreation facility, commercial
Recreation facility, private
Theater/auditorium
N
N
N
N
N
N
C
C
C
N
N I C
N N
N
C
P
N
N
C
N
N
P
C C
N N
N P
N P P
C N N
C N N
CIN N
N N P
N N P P
N N N P
N N P P
Special Use
Provisions
25.16.040.A
25.16.040.B
25.16.040. B
25.16.040. B
C C 25.16.040.6
C C 25.16.040.E
C
P
C C N
C C N
N N P
C j N
N I P
P N
N
P N
P N
N N
Utility, Transportation, Public Facility, and Communication Uses
Commercial communication tower C C C C, C C. 25.16.040.0
Commercial parking lot C N N N N N
Public utility installation N N N N; N P
Public facility (utility or service) N N, N N i N P
Utility facility NH' C N I N` P 1
16-31Page Chapter 25. 16 Commercial and Industrial Districts
Retail, Service, and Office Uses
Adult entertainment
Ancillary commercial
Art gallery
Art studio
Bed and breakfast
Business support services
Cannabis Retail
Cannabis Testing Facilities
Convention and visitors bureau
Drugstore
Financial institution
Grocery store
Health club, gyms or studios
Hotel
Liquor store
Liquor, beverage and food items shop
N N N N NC 25.16.040.D
A P P P N A 25.16.040.E
AP P P PC
AP P P PC
N A A A A N
N N NNPP
N C C CCN 25.34.120
C N N NNC 25.34.120
N N P NPN
N P P PNN
C P P PNN
N P P PNN 25.16.040.F
N A P P PC
N A A A P N
N P P P N N
N P P PP N
Medical, clinic P N P P N N
Medical, office PP P PNN
Medical, hospital N N N N NC
Medical, laboratory P N N NNP
Medical office, accessory N N N NNP 25.16.040.G
Medical, research facility PP N NNC
Mortuary N N N NNP
Office, professional P N P PPP
Office, local government P N N NNP
Office, travel agency PP P PPN
Outdoor sales N N A A A A
Personal services N P P PPN
Restaurant A C C CPC 25.16.040.E I H
Retail N P P PP N
Retail, bulky items N N N PP N
Spa N N PPPN
Time-share project N N N CON
Automobile and Vehicle Uses
Chapter 25.16 Commercial and Industrial Districts 16-4JPage
ORDINANCE NO.:1329
Automotive rental agency
'Automotive gasoline station
Automotive service facility
N
N
N
N NNPP
C C
C C
N C 25.34.090
N P 25.34.090
Automotive sales new and used (Outdoor f Indoor) N N N NNC
Automotive sales of accessory parts and supplies N N N P P N
Vehicle storage facility N N N NNP 25.16.040.1
Industrial, Manufacturing, and Processing Uses
Cannabis Cultivation N N N NNC 25.34.120
Cannabis Delivery. N N N NNG 25.34.120
Cannabis Distribution N N N N N C 2134.12�[
Cannabis Manufacturing 25.34.120
Industrial planned unit development N N N NNP
Light industrial and research and development N N N NNP
Maintenance facility N N N NNP
Pest control facility N N N NNP
Preparation of foodstuffs N N N NNP
Production of home and office decor accessories N N N NNP
Warehouse or storage facility
Temporary Uses
See Section 25.34.080
N N N NNP
T The establishment may be permitted with an Administrative Use Permit but may be elevated to a Conditional Use Permit at the
discretion of the ZA based on: parking, traffic, or other impacts.
25.16.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix for
Commercial and Industrial Districts):
A. Caretaker Housing. Permitted only when incidental to and on the same site as a
permitted or conditional use.
B. Residential (mixed use). Residential uses may be established and maintained to be
compatible with the permitted or the approved conditional uses in the vicinity.
C. Commercial Communication Tower. All communication towers and antennas shall
satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna
Regulations).
16-5(Page Chapter 25.16 Commercial and Industrial Districts
D. Adult Entertainment. All uses defined as adult entertainment are required to meet the
provisions established by Section 25.34.110 (Adult Entertainment Establishments).
E. Commercial (ancillary). Applicable only to office and industrial complexes that occupy
a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross
leasable floor area and the total ancillary commercial uses, including restaurants, shall
not exceed 25 percent of the gross leasable floor area of the complex. A Conditional Use
Permit or Administrative Use Permit is required to review land -use compatibility and to
ensure that adequate parking exists to serve the commercial use.
F. Grocery Stores. Limited to a maximum building size of 10,000 square feet in PC-1,
30,000 square feet in PC-2, and 60,000 square feet in PC-3.
G. Medical Offices, accessory. Permitted only when ancillary to and in conjunction with
the operation of a hotel.
H. Restaurants. Drive -through and drive-in facilities permitted by a conditional use permit
as follows:
1. Permitted locations.
Within Freeway Commercial Overlay District
ii. On the following streets and as indicated in Figure 25.10-2: Monterey Avenue
and Portola Avenue from the northern city boundary to the north side of Gerald Ford
Drive.
2. Development standards.
Drive -through lanes and window facilities shall be designed in a manner
that they are screened and/or not visible from surrounding public streets.
ii. Drive -through vehicle queue must be permanently screened and/or not
visible from surrounding public streets.
I. Vehicle Service and Storage Facility. The storage facility must be completely
screened.
25.16.050 Development Standards
The development standards included in Table 25.16-2 (Commercial and Industrial District
Development Standards) are applicable to commercial and industrial districts. These standards,
along with other development standards (e.g., landscaping requirements, signs, and parking
standards) located in the zoning ordinance, are intended to assist property owners and project
designers in understanding the City's minimum requirements and expectations for high -quality
development.
A. Special setback requirements. In addition to the setback requirements in Table 25.16-
2 (Commercial and Industrial District Development Standards) the following special
setback provisions apply:
1. On interior lots in the PC zone districts, setbacks shall be the lesser of the
setback requirement listed in Table 25.16-2 (Commercial and Industrial District
Development Standards). For exterior lots or projects perimeter adjacent to
public streets the setback standards below shall apply. Said setbacks shall be
measured from the property line.
2. Building setbacks from planned street lines:
Chapter 25,16 Commercial and industrial Districts 16-6IPage
❑RDINANCE NO.:1329
Table 25.16-2: Setbacks from Planned Street Lines
Street Type
Freeway 50 feet
Major 32 feet
Arterial 32 feet
Collector 25 feet
Local 25 feet
Setback Distance
3. Where commercial districts abut a residential district, a fence or wall 6 feet in
height shall be located adjoining the property line except adjoining a required
front yard. Ail commercial district property lines adjoining a residential district
shall be landscaped with plant materials for an area 10 feet in depth.
4. All nonpaved areas shall be landscaped and treated or maintained to eliminate
dust.
B. Exceptions: Development standards within the PC districts may be modified through the
precise plan process as specified in Section 25.72.030Special standards within the
Service Industrial (SI) district.
Sound emanating from industrial properties shall be muffled so as not to become
objectionable due to intermittence, beat frequency, or shrillness. The measurements of
sound shall be measured at the lot lines and shall be measured to decibels with a sound
level meter and associated octave band filter, manufactured according to standards
prescribed by the American Standards Association. Maximum permissible sound pressure
levels shall comply with the limits at table 25.16-2 and the following standards:
Table 25.16-3: Maximum Permitted Decibels
Octave Band in Cycles-
Second(decibels)
Adjacent Residential District
Boundaries(decibels)
Lot Line of Use in the SI
Zone(decibeis)
0-75 72 79
76-150 59 74
151-300 52 66
301-600 46 59
601-1200 42 53
1201-2400 39 47
2401-4800 34 41
Above 4800 32 39
1. The maximum sound pressure level in decibels shall be 0.002 dynes per square
centimeter.
16-7IPage Chapter 25.16 Commercial and Industrial Districts
2. Toxic gases or matter shall not be emitted which can cause any damage to
health, animals, or vegetation, or other forms of property, or which can cause any
excessive soiling beyond the lot lines of the use.
3. Vibration from any machine, operation, or process which can cause a
displacement of .003 of 1 inch as measured at the lot lines of the use shall be
prohibited. Shock absorbers or similar mounting shall be allowed which will
reduce vibration below .003 of 1 inch as measured at the lot lines.
4. Glare and heat from any source shall not be produced beyond the lot lines of the
use.
5. Storage of refuse, trash, rubbish, or other waste material outside a permanent
building shall be kept in enclosed containers in areas other than the front and
side yards.
6. Lighting, including spotlights, floodlights, electrical reflectors, and other means of
illumination for signs, structures, landscaping, parking areas, loading and
unloading areas, and the like shall be shielded, focused, directed, and arranged
as to prevent glare or direct illumination on streets or adjoining property.
7. Unless specific additional uses are permitted by the certificate of occupancy, the
use of radioactive materials within the 5I district shall be limited to measuring,
gauging and calibration devices, as tracer elements, in x-ray and like apparatus,
and in connection with the processing and preservation of foods. In no event
shall radioactivity, when measured at each lot line, be in excess of 2.7 x 10-11
micro curies per milliliter of air at any moment of time.
8. Electrical and electronic devices and equipment shall be suitably wired, shielded,
and controlled so that in operation they shall not, beyond the lot lines, emit any
electrical impulses or waves which will adversely affect the operation and control
of any other electrical or electronic devices and equipment. (Ord. 96 § 1, 1975,
Exhibit A § 25.20-7.16)
C. Special standards within the Office Professional (OP) district.
1. When adjacent to single -story residential, the rear and exterior side yard
setbacks shall be increased by 6.43 feet for each foot of building height above 18
feet up to 25 feet tall. See table below:
Table 25.16-4: Additional Setback in OP District
Height Setback
Distance
19 feet 26.43 feet
20 feet 32.86 feet
21 feet 39.29 feet
22 feet 45.72 feet
23 feet 52.15 feet
Chapter 25.16 Commercial and Industrial Districts 16-8IPage
ORDINANCE NO.:1329
24 feet
25 feet
58.58 feet
65 feet
2. Second -story Windows: Second -story windows are allowed to face adjacent
single -story residential zones with sufficient screening; either with landscaping or
another method as approved through the precise plan process.
16-9IPage Chapter 25.16 Commercial and Industrial Districts
Table 25.16-4: Commercial and industrial District Development Standards
Commercial/lndustrial District
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ORDINANCE NO.:1329
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❑RDINANCE NO.: 1329
Exhibit C - 25.18.040 Land Use and Permit Requirements
Amend Table 25.18-1. "Use Matrix for Downtown Districts" to add the following
f Land Use Zone
D D-0 DE DE-0
Retail, Service, and Office Uses
Cannabis Retail
Special Use Provisions
C N C N 25.34.120
Cannabis Testing Facilities C N N N 25.34.120
ORDINANCE NO.: 1329
Exhibit "D"
PDMC SECTION 5.101 — Commercial Cannabis Business Regulatory Permits
A. Purpose and Intent
It is the purpose and intent of this section to regulate the commercial cultivation,
manufacturing, testing, distribution, delivery, and retail sale of medicinal cannabis and non -
medicinal adult -use cannabis within the City of Palm Desert. This section is prepared in
accordance with the Compassionate Use Act of 1996 ("CUA"), the Medical Marijuana
Program Act ("MMP"), and the Medicinal and Adult -Use Cannabis Regulation and Safety
Act ("MAUCRSA") (collectively, "State law"), which give local jurisdictions the authority to
establish land use regulations related to the personal and commercial uses of cannabis.
Nothing in this chapter shall be construed to (1) permit persons to engage in conduct that
endangers others or causes a public nuisance, (2) permit the use or cultivation of cannabis
beyond the limits established in state law related to cannabis, or (3) permit any activity
relating to the cultivation, processing, sale, or distribution of cannabis that is illegal under
state law, generally.
Nothing in this chapter shall be construed to prohibit primary caregivers and qualified
patients to lawfully act under State law.
B. Definitions
For the purpose of this chapter, the following definitions shall apply:
"Applicant" means an owner that applies for a regulatory permit under this chapter.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means
the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does
not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or
the sterilized seed of the plant which is incapable of germination. For the purpose of this
division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the
California Health and Safety Code.
"Cannabis products" means cannabis that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to, concentrated
cannabis, or an edible or topical product containing cannabis or concentrated cannabis and
other ingredients.
ORDINANCE NO.: 1329
"City" means the City of Palm Desert.
"City manager" means city manager or designee.
"Commercial cannabis business" means any commercial operation associated, in whole or
in part, with the cultivation, possession, manufacture, distribution, processing, storing,
laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and
cannabis products.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
"Delivery" means the commercial transfer of cannabis or cannabis products to a customer.
"Delivery" also includes the use by a retailer of any technology platform owned and
controlled by the retailer.
"Distribution" means the procurement, sale, and transport of cannabis and cannabis
products between entities permitted or licensed by the City and/or State of California.
"Fully enclosed and secured structure" means a space within a building, greenhouse, or
other approved structure which has a complete roof enclosure supported by connecting
walls extending from the ground to the floor, which is reasonably secure against
unauthorized entry, provides complete visual screening or is behind fencing or other
features providing complete visual screening, and which is accessible only through one of
more lockable doors and is inaccessible to minors.
"Retail cannabis business" or "retailer" means a business that sells and/or delivers cannabis
or cannabis products to customers and does not include cannabis cultivation or
manufacturing on the premises.
"Licensee" means the holder of any state issued license related to Commercial Cannabis
Businesses, including but not limited to licenses issued under Division 10 of the California
Business and Professions Code.
"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a
cannabis product.
"Manufacturer" means a permittee that conducts the production, preparation, propagation,
or compounding of cannabis or cannabis products either directly or indirectly or by
extraction methods, or independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis at a fixed location that packages or repackages
cannabis or cannabis products or labels or relabels its container.
"Owner" means any of the following: (1) a person with an aggregate ownership interest of
20 percent (20%) or more in the person applying for the permit, unless such interest is
solely a security, lien, or encumbrance; (2) the chief executive officer of a nonprofit or other
ORDINANCE NO.: 1329
entity; (3) a member of the board of directors of a nonprofit; or (4) an individual who will be
participating in the direction, control, or management of the person applying for the permit.
"Permittee" means any person granted a regulatory permit under this chapter.
"Person" means any individual, firm, partnership, joint venture, association, corporation,
limited liability company, estate, trust, business trust, receiver, syndicate, or any other group
or combination acting as a unit, and the plural as well as the singular.
"Retail cannabis business" or "retailer" means a business that sells and/or delivers cannabis
or cannabis products to customers.
"Sell," sale," and "to sell" include any transaction whereby, for any consideration, title to
cannabis is transferred from one person to another, and includes the delivery of cannabis or
cannabis products pursuant to an order placed for the purchase of the same and soliciting
or receiving an order for the same, but does not include the return of cannabis or cannabis
products by a permittee or licensee to the permittee or licensee from whom such cannabis
or cannabis product was purchased.
"State license" means a state license issued under Division 10 of the California Business
and Professions Code.
"Testing laboratory" means a laboratory, facility, or entity in the City that offers or performs
tests of cannabis or cannabis products and meets the licensing requirements found in
MAUCRSA.
C. Regulatory Permit Required.
1. Prior to initiating operations and as a continuing requisite to operating a
commercial cannabis business in the City, an applicant must obtain and maintain a valid
conditional use permit as required under Section 25.34.120, regulatory permit, and a State
license for each commercial cannabis business use authorized under the conditional use
permit.
2. Building permits for improvements associated with a commercial cannabis
business may be issued once an applicant has obtained a conditional use permit and
regulatory permit; however, a certificate of occupancy to operate will not be issued until said
commercial cannabis business has obtained and provided proof of a State license for each
commercial cannabis business use authorized under the conditional use permit.
3. Changes in State license type, business owner, or operation will require an
amendment to the approved regulatory permit.
4. This chapter does not apply to cannabis possession or use, as allowed by
State law. Regulations on personal cultivation can be found in Chapter 8.38.
ORDINANCE NO.: 1329
5. A cannabis delivery service business with a physical address outside the City
is not required to obtain a regulatory permit under this chapter, but is required to obtain a
City business license.
D. Regulatory Permit Application Requirements.
An application for a regulatory permit shall include, but shall not be limited to, the following
information:
1. The name, address, and telephone number of the applicant.
2. A description of the statutory entity or business form that will serve as the
legal structure for the applicant and a copy of its formation and organizing documents,
including, but not limited to, articles of incorporation, certificate of amendment, statement of
information, articles of association, bylaws, partnership agreement operating agreement,
and fictitious business name statement.
3. The name, address, telephone number, title, and function of each of the
interested parties described in subsection N., below.
4. A legible copy of each applicant's photo identification, such as a state driver's
license, a passport issued by the United States, or a permanent resident card.
5. A list of the license or permit types (including license or permit numbers) held
by the applicant that involve the operation of a commercial cannabis business, including the
date the license or permit was issued and the jurisdiction or State license authority that
issued the license or permit.
6. Whether the applicant has been denied a license or permit by the City, any
other jurisdiction, and/or the State that involves the operation of a commercial cannabis
business. The applicant shall provide a description of the license or permit applied for, the
name of the jurisdiction or State license authority that reviewed the license or permit
application, and the date of denial.
7. The proposed commercial cannabis business's physical address, telephone
number, website address, and e-mail address.
8. Contact information for the applicant's designated primary contact person
including the name, title, address, phone number, and e-mail address of the individual.
9. A list of every fictitious business name the applicant is operating under
including the address where the business is located.
10. Financial information including the following:
a. A list of funds belonging to the commercial cannabis business held in
savings, checking, or other accounts maintained by a financial institution. The
ORDINANCE NO.: 1329
applicant shall provide for each account, the financial institution's name, the financial
institution's address, account type, account number, and the amount of money in the
account.
b. A list of loans made to the commercial cannabis business . For each
loan, the applicant shall provide the amount of the loan, the date of the loan, term(s)
of the loan, security provided for the loan, and the name, address, and phone
number of the lender.
c. A list of investments made into the commercial cannabis business.
For each investment, the applicant shall provide the amount of the investment, the
date of the investment, term(s) of the investment, and the name, address, and phone
number of the investor.
d. A list of all gifts of any kind given to the applicant for its use in
conducting commercial cannabis business. For each gift the applicant shall provide
the value of the gift or description of the gift, and the name, address, and phone
number of the provider of the gift.
11. A list of each applicant's misdemeanor and felony convictions, if any. For
each conviction, the list must set forth the date of arrest, the offense charged, the offense
convicted, the jurisdiction of the court, and whether the conviction was by verdict, plea of
guilty, or plea of nolo contendre.
12. A complete and detailed diagram of the proposed premises showing the
boundaries of the property and the proposed premises to be permitted, showing all
boundaries, dimensions, entrances and exits, interior partitions, walls, rooms, windows,
doorways, and common or shared entryways, storage areas and exterior lighting. The
diagram must show the areas in which all commercial cannabis business will take place,
including but not limited to, limited -access areas.
13. A security plan, as a separate document, outlining the proposed security
arrangements to deter and prevent unauthorized entrance into limited access areas and
theft of cannabis, in accordance with minimum security measures required by state law.
The security plan shall be reviewed by the Palm Desert Police Department and the city
manager and shall be exempt from disclosure as a public record pursuant to Government
Code Section 6255(a).
14. A comprehensive business operations plan that includes the following:
a. Business plan. A plan describing how the commercial cannabis
business will operate in accordance with this code, state law, and other applicable
regulations. The plan shall include operational, banking, and personnel procedures
to ensure adequate business knowledge, modeling and support.
ORDINANCE NO.: 1329
b. Community relations plan. A plan describing who is designated as
being responsible for outreach and communication with the surrounding community,
including the neighborhood and businesses, and how the designee can be
contacted.
c. Neighborhood responsibility plan. A plan addressing any adverse
impacts of the proposed commercial cannabis business on the surrounding area.
d. Odor control plan. A plan identifying odor control methods, including,
but not limited to, use of odor absorbing ventilation and exhaust systems, negative
air pressure, and other treatments.
e. Insurance. The applicant's certificate of commercial general liability
insurance and endorsements and certificates of all other insurance related to the
operation of the commercial cannabis business.
f. Budget. A copy of the applicant's most recent annual budget for
operations.
15. The name and address of the owner and lessor of the real property upon
which the commercial cannabis business is to be operated. In the event the applicant is not
the legal owner of the property, the application must be accompanied with a notarized
acknowledgement from the owner of the property that a commercial cannabis business will
be operated on his or her property.
16. Authorization for the city manager to seek verification of the information
contained within the application.
17. 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.
18. A full and complete copy of the applicant's most current application submitted
to and approved by the applicable State licensing authority.
19. Any such additional and further information as is deemed necessary by the
city manager to administer this chapter.
E. Background Check.
The City will provide each applicant and interested parties, as described in Section N.,
below, with a `request for live scan service' form, which must be taken to a live scan
operator for fingerprinting. Each applicant must submit their fingerprint images to the Palm
Desert Police Department, California Department of Justice, and the Federal Bureau of
Investigation for fingerprint -based criminal history records review and reporting to the City.
ORDINANCE NO.: 1329
F. Additional Terms and Conditions.
Based on the information set forth in the application, the city manager may impose
reasonable terms and conditions on the proposed operations of the commercial cannabis
business in addition to those specified in this chapter.
G. Regulatory Permit Denial.
The city manager may deny an application for a regulatory permit or renewal of a
regulatory permit upon making any of the following findings:
1. The applicant or the premises for which a regulatory permit is applied does
not qualify for a permit under this chapter.
2. The applicant fails to comply with the provisions of this chapter.
3. The applicant has failed to provide information required by the city manager.
4. The applicant or permittee 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 city manager determines that the
applicant or permittee is otherwise suitable to be issued a license and granting the license
would not compromise public safety, the city manager shall conduct a thorough review of
the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the
applicant, and shall evaluate the suitability of the applicant or permittee to be issued a
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 city manager shall include, but not be limited to, the
following:
5. A felony conviction for the illegal possession for sale, sale, manufacture,
transportation, or cultivation of a controlled substance.
6. A violent felony conviction, as specified in subdivision (c) of Section 667.5 of
the Penal Code.
8. A serious felony conviction, as specified in subdivision (c) of Section 1192.7
of the California Penal Code.
9. A felony conviction involving fraud, deceit, or embezzlement.
10. The applicant, or any of its officers, directors, or owners, has been sanctioned
by a State licensing authority or a city, county, or city and county for unlicensed commercial
cannabis activities or has had a State license revoked in the three years immediately
preceding the date the application is filed with the city manager.
11. The commercial cannabis business is not properly organized or operating in
strict compliance pursuant to the Compassionate Use Act of 1996, the Medical Marijuana
Program Act ("MMP"), Medicinal and Adult -Use Cannabis Regulation and Safety Act
("MAUCRSA"), and any other applicable law, rules and regulations.
ORDINANCE NO.: 1329
H. Regulatory Permit Term.
A regulatory permit is valid for one (1) year from the date that the permit is issued, unless
suspended or revoked sooner.
1. Regulatory Permit Renewal Process.
1. To renew a regulatory permit, a completed permit renewal form and renewal
permit fee shall be received by the city manager from the permittee no earlier than sixty (60)
calendar days before the expiration of the permit and no later than the last business day
before the expiration of the permit.
2. In the event the regulatory permit is not renewed prior to the expiration date,
the permittee must cease all commercial cannabis business.
J. Regulatory Permit Surrender.
Every permittee who surrenders, abandons, or quits the permitted premises after a
certificate of occupancy is issued, or who closes the permitted premises for a period
exceeding sixty (60) consecutive calendar days after a certificate of occupancy is issued,
shall, within sixty (60) calendar days after closing, surrendering, quitting, or abandoning the
permitted premises, surrender the permit to the city manager. The city manager may seize
the permit of a permittee who fails to comply with the surrender provisions of this section
and may proceed to revoke the permit. If a permittee wishes to close a commercial
cannabis business for repair or refurbishment for a period of longer than sixty (60) calendar
days, the permittee shall notify the city manager of same in writing.
K. Regulatory Permit Suspension and Revocation.
The city manager may suspend, modify, or revoke a regulatory permit issued pursuant to
the provisions of this Chapter for any of the following reasons:
1. One or more of the circumstances upon which a regulatory permit could be
denied exists or has occurred;
2. One or more conditions of the regulatory permit has been violated; or
3. The permittee, its owners, officers, directors, partners, agents, or other
persons vested with the authority to manage or direct the affairs of the business have
violated any provision of this chapter or State law.
L. Appeals.
Any decision regarding the denial, suspension, or revocation of a regulatory permit may be
appealed to the city council. All appeals shall be in writing and filed with the city clerk within
ten calendar days of any decision or action that is the subject of the appeal. After receiving
the written appeal, the city clerk shall schedule a hearing before the city council. The city
council may refer the matter to a hearing officer. The city council may decide the matter
based on the recommendations and findings of the hearing officer, if it so chooses. The
decision of the city council or hearing officer shall be final.
ORDINANCE NO.: 1329
M. Operational Requirements.
All commercial cannabis businesses are subject to the following operational requirements:
1. Commercial cannabis businesses shall maintain compliance with the security
plan, business plan, community relations plan, neighborhood responsibility plan, odor
control plan, and insurance requirements submitted with their application, unless
modifications are accepted in writing by the city manager.
2. Commercial cultivation, possession, manufacture, processing, storing,
laboratory testing, packaging, and labeling, shall be conducted only within a fully enclosed
and secured structure that is not accessible to minors.
3. Commercial cannabis businesses shall not create nuisances such a dust,
glare, heat, noise, smoke, odor, and shall not be used to store hazardous materials,
products, or wastes.
4. Commercial cannabis businesses shall utilize product and inventory tracking
software and accounting software that is in -line with reasonable business practices within
the industry.
5. As part of the security plan, permittees shall:
a. Install and maintain security cameras that shall cover, but not be
limited to covering sale, cultivation, manufacturing, processing, transportation,
distribution areas, all doors and windows, and any other areas as reasonably
determined by the Planning Commission.
b. Operate cameras 24 hours per day, seven days per week.
c. Maintain at least 120 concurrent hours of digitally recorded
documentation.
d. Cure any disruption in security camera images expeditiously and in
good faith.
e. Install alarm systems that are operated and monitored by an
independent third party security company.
f. Shall lock all storage areas and give access to such storage areas
only to permittee and permittee's staff. No cannabis products shall be accessible to
the general public.
6. Commercial cannabis businesses shall not advertise or promote cannabis or
cannabis products that encourage use by persons under the age of 21, or promote
cannabis and cannabis products within 1,000 feet of a school, daycare, park, or youth
center.
ORDINANCE NO.: 1329
N. Interested Parties.
1. A permittee shall provide the city with names and addresses of all of the
following interested parties:
a. Persons with at least a 10% interest in the commercial cannabis
business;
b. Partners, officers, directors, and stockholders of every corporation,
limited liability company, or general or limited partnership that owns at least 10% of
the stock, capital, profits, voting rights, or membership interest of the commercial
cannabis business or that is one of the partners in the commercial cannabis
business;
c. The managers of the commercial cannabis business; and
d. The staff of the commercial cannabis business.
2. The permittee shall notify the city of any change in the information above
within 30 calendar days of the change.
3. All interested parties, as described in subsection 1, must submit to
fingerprinting and a criminal background check by the city.
4. No person shall be an interested party, as described in subsection A of this
Section, if he or she is charged with or convicted of a felony; has been charged with or
convicted of a violation of California Penal Code section 186.22 (participation in a criminal
street gang); or is currently on parole or probation for an offense relating to the sale or
distribution of a controlled substance. "Convicted" within the meaning of this section means
a plea or verdict of guilty or a conviction following a plea of nolo contendere was entered,
but does not include any plea, verdict, or conviction that is expunged pursuant to California
law or a similar federal or state law where the expungement was granted. "Charged" within
the meaning of this section means (1) an indictment was issued by a grand jury, or an
information, complaint, or similar pleading was issued by the United States Attorney, district
attorney, city attorney, or other governmental official or agency authorized to prosecute
crimes, and (2) the criminal proceedings are currently pending.
O. Emergency Contact Manager.
A commercial cannabis business permittee shall provide the city manager with the current
name and primary and secondary telephone numbers of at least one 24-hour on -call
manager to address and resolve complaints and to respond to operating problems or
concerns associated with the commercial cannabis business.
ORDINANCE NO.: 1329
P. Community Relations Manager.
Each commercial cannabis business shall provide the city manager with the name, phone
number, facsimile number, and e-mail address of an on -site community relations or staff
person or other representative to whom the city can provide notice if there are operating
problems associated with the commercial cannabis business or refer members of the public
who may have any concerns or complaints regarding the operation of the commercial
cannabis business. Each commercial cannabis business shall also provide the above
information to its business neighbors located within one hundred (100) feet of the
commercial cannabis business as measured in a straight line without regard to intervening
structures, between the front doors of each establishment.
Q. Display of Regulatory Permit.
The permittee shall display its current valid permit issued in accordance with this chapter
inside the lobby or waiting area of the main entrance to the premises. The permit shall be
displayed at all times in a conspicuous place so that it may be readily seen by all persons
entering the premises.
R. Inspections and Enforcement.
1. Recordings made by security cameras at any commercial cannabis business
shall be made immediately available to the city manager upon verbal request; no search
warrant or subpoena shall be needed to view the recorded materials.
2. The city manager shall have the right to enter all commercial cannabis
businesses from time to time unannounced for the purpose of making reasonable
inspections to observe and enforce compliance with this chapter.
3. Operation of the commercial cannabis business in non-compliance with any
conditions of approval or the provisions of this chapter shall constitute a violation of the
municipal code and shall be enforced pursuant to the provisions of this code.
4. The city manager may summarily suspend or revoke a cannabis regulatory
permit if any of the following, singularly or in combination, occur:
a. The city manager or designee determines that the commercial
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 city
manager or designee to deny the permit under subsection F., above.
b. Operations cease for more than sixty (60) calendar days, including
during change of ownership proceedings, unless otherwise authorized by the city
manager;
c. Ownership is changed without securing a regulatory permit; or
ORDINANCE NO.: 1329
d. The commercial cannabis business fails to allow inspection of the
records, security recordings, the activity logs, or the premises by authorized city
officials.
S. Liability and Indemnification.
1. To the fullest extent permitted by law, any actions taken by a public officer or
employee under the provisions of this chapter shall not become a personal liability of any
public officer or employee of the City.
2. To the maximum extent permitted by law, the permittees under this chapter
shall defend (with counsel acceptable to the City), indemnify and hold harmless the City of
Palm Desert, the Palm Desert City Council, and its respective officials, officers, employees,
representatives, agents and volunteers (hereafter collectively called City) from any liability
damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action,
proceedings or judgment (including legal costs, attorneys' fees, expert witness or consultant
fees, City Attorney or staff time, expenses or costs (collectively called "action") against the
City to attack, set aside, void or annul, any cannabis -related approvals and actions and
comply with the conditions under which such permit is granted, if any. The City may elect,
in its sole discretion, to participate in the defense of said action and the permittee shall
reimburse the City for its reasonable legal costs and attorneys' fees.
3. Within ten (10) calendar days of the service of the pleadings upon the City of
any action as specified in Subsection 2., above, the permittee shall execute a letter of
agreement with the City, acceptable to the Office of the City Attorney, which memorializes
the above obligations. These obligations and the letter of agreement shall survive
termination, extinguishment or invalidation of the cannabis -related approval. Failure to
timely execute the letter of agreement does not relieve the applicant of any of the
obligations contained in this section or any other requirements or performance or operating
standards that may be imposed by the City.
To the fullest extent permitted by law, the City shall not assume any liability whatsoever,
with respect to approving any regulatory permit pursuant to this chapter or the operation of
any commercial cannabis business approved pursuant to this chapter.
T. Compliance with State Law.
All commercial cannabis businesses shall comply fully with all of the applicable restrictions
and mandates set forth in state law, including without limitation the Compassionate Use Act
of 1996 ("CUA"), the Medical Marijuana Program Act ("MMP"), and the Medicinal and Adult -
Use Cannabis Regulation and Safety Act ("MAUCRSA").
ORDINANCE NO.: 1329
U. Violations and Penalties.
1. In addition to any other remedy allowed by law, any person who violates a
provision of this chapter is subject to criminal sanctions, civil actions, administrative
penalties, permit suspension, and permit revocation.
2. Violations of this chapter constitute an infraction or misdemeanor and may be
enforced by any applicable law.
3. Violations of this chapter are hereby declared to be public nuisances.
4. Each person is guilty of a separate offense each day a violation is allowed to
continue and every violation of this chapter shall constitute a separate offense and shall be
subject to all remedies.
5. All remedies prescribed under this chapter shall be cumulative and the
election of one or more remedies shall not bar the city from the pursuit of any other remedy
for the purpose of enforcing the provisions hereof.
ORDINANCE NO.: 1329
Exhibit "E"
PDMC Chapter: 8.38 — Personal Use of Cannabis
A. Purpose and Intent
It is the purpose and intent of this chapter to regulate the personal use and possession of
medicinal cannabis and non -medicinal adult use cannabis within the City of Palm Desert in
compliance with applicable state and local laws.
B. Definitions
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means
the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not
include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from
the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or
the sterilized seed of the plant which is incapable of germination.
"Cannabis products" means cannabis that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to, concentrated
cannabis, or an edible or topical product containing cannabis or concentrated cannabis and
other ingredients.
"City" means the City of Palm Desert.
"Day care center" means any child day care facility including infant centers, preschools,
extended day care facilities, and school age child care centers.
"Personal residence" means a house, an apartment unit, a mobile home, or other similar
dwelling.
"Smoke" means to inhale, exhale, burn, or carry any lighted or heated device or pipe, or any
other lighted or heated marijuana or marijuana product intended for inhalation, whether
natural or synthetic, in any manner or in any form. "Smoke" includes the use of an electronic
smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of
any oral smoking device for the purpose of circumventing the prohibition of smoking in a
place.
"Youth center" means any public or private facility that is primarily used to host recreational
or social activities for minors, including, but not limited to, private youth membership
organizations or clubs, social service teenage club facilities, video arcades, or similar
amusement park facilities.
C. Personal Use and Possession
All personal use and possession of cannabis must be in compliance with the
Compassionate Use Act ("Act"), the Medical Marijuana Program ("MMP"), and the Medicinal
and Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA").
In addition, the restrictions listed below apply. It shall be unlawful and a public nuisance to:
1. Smoke or ingest cannabis or cannabis products in a public place, including, but not
limited to streets, sidewalks, parks, or any common areas within a residential
development, including but not limited to private streets and sidewalks, common
parking areas, parks or other spaces maintained by an homeowners or property
owners association and accessible to residence of the development.
2. Smoke cannabis or cannabis products in a location where smoking tobacco is
prohibited under Chapter 8.36 Regulation and Prohibition of Smoking.
3. Possess, smoke or ingest cannabis or cannabis products in or upon the grounds of a
school, day care center, or youth center; or smoke cannabis or cannabis within
1,000 feet of a school, day care center, or youth center, except in or upon grounds of
private residence and then only if such smoking is not detectable by others on the
grounds of any school, day care center, or youth center.
4. Smoke cannabis or use cannabis products on City property, including parks,
common areas in City -owned housing developments, and other public places.
D. Penalties for Violation
1. Any person who violates any provision of this chapter is deemed guilty of
misdemeanor or an infraction, at the discretion of the City Attorney or the District
Attorney in accordance with Chapter 1.12 of this code.
2. Any violation of this chapter is hereby declared to be a public nuisance.
3. Each incident of smoking in violation of this chapter is subject to a one -hundred -fifty -
dollar fine.
4. The provisions of this section are not to be construed as exclusive remedies and, in
the event of violation, the city may pursue any proceedings or remedies otherwise
provided by law.
2
Ordinance No. 1329
POTENTIAL CANNIBIS LOCATIONS
PERMITTED
Retail
Testing
Testing, Cultivation, Manufacturing, Distribution & Delivery
City Boundary
PROHIBIT
School / Child Care / Youth Center Parcels
.1 600' Buffer
Vicinity Map
r
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 17-027
NOTICE OF INTENT OF THE PALM DESERT CITY COUNCIL TO ADOPT A ZONING
ORDINANCE AMENDMENT AMENDING PALM DESERT MUNICIPAL CODE SECTION
25.34.120 CANNABIS USE AND REGULATIONS AND SECTIONS 25.16 COMMERCIAL
AND INDUSTRIAL DISTRICTS AND 25.18 DOWNTOWN DISTRICTS TO ALLOW FOR
CANNABIS BUSINESSES WITHIN THE CITY. SUBJECT TO A CONDITIONAL USE PERMIT
The City of Palm Desert (City), in its capacity as the Lead Agency under the California
Environmental Quality Act (CEQA), has determined that this Zoning Ordinance Amendment
(ZOA) is exempt from CEQA review pursuant to Section 15060(c)2 in that the proposed action
will not result in a direct or reasonable foreseeable indirect physical change in the environment,
and Section 15061(b)3 in that the ZOA to regulate the use of cannabis and cannabis
businesses is not a "project" and is not subject to CEQA review. On August 1, 2017, the Palm
Desert Planning Commission adopted a Notice of Exemption in accordance with CEQA.
Project Location: City-wide
Code Amendment Description:
Section 25.34.120 will be retitled to Cannabis Use and Regulations to reflect the allowance of
both medicinal and adult use of cannabis in accordance with the Medicinal and Adult -Use
Cannabis Regulations and Safety Act (MAUCRSA) approved by the State of California. The
City's Ordinance will allow for retail cannabis uses within the City's commercially zoned
properties, testing and research facilities within the City's Service Industrial and Office
Professional zoned properties; and cultivation, manufacturing, distribution, and delivery in the
City's Service Industrial zones. All cannabis related businesses will be subject to a separation
requirement of 1,500 feet from other cannabis related businesses, and review and approval of a
Conditional Use Permit (CUP). Cannabis businesses must also meet State guidelines imposed
by the Bureau of Medicinal Cannabis Regulations and are subject to State licensing
requirements.
Planning Commission Recommendation: The City of Palm Desert Planning Commission
reviewed Case No. ZOA 17-027 at their meeting on August 1, 2017. The Planning Commission
voted in favor (3-1-1) recommending approval of the ZOA to the City Council.
Recommendation: Staff is recommending that the City Council adopt an ordinance amending
the Zoning Ordinance to establish cannabis regulations and allow for cannabis businesses
within the City.
Public Hearing: The public hearing will be held before the City Council on August 24, 2017, at
4:00 pm.
Comment Period: Based on the time limits defined by CEQA, your response should be sent at
the earliest possible date. The public comment period for this project is from August 14, 2017 to
August 24, 2017.
Public Review: The ZOA is available for public review daily at City Hall. Please submit written
comments to the Community Development Department. If any group challenges the action in
court, the issues raised may be limited to only those issues raised at the public hearing
described in this notice or in written correspondence at, or prior to, the City Council hearing. All
comments and any questions should be directed to:
Eric Ceja, Principal Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611
eceja@cityofpalmdesert.org
PUBLISH: DESERT SUN RACHELLE D. KLASSEN, CITY CLERK
August 14, 2017 CITY OF PALM DESERT, CALIFORNIA
2
August
Honorable ! r, Harnik
Mayor
City of Palm Desert
HAND DELIVERED
Dear Mayor Harnik:
NOBLE & COMPANY, LLC EcE YE
CITY CLERK S uFFICE
PALM DESERT, C11
Re: Proposed Cannabis Ordinance
Mt AUG 23 PM I: 06
Enclosed please find copies of correspondence dating back to April 28, 2017. On behalf of the Gateway Industrial Park at
Palm Desert POA and Noble & Company, LLC, I have raised several concerns regarding the referenced proposed
ordinance and the following concerns are still open:
1. The proposed ordinance does not adequately protect residential properties. All other such ordinances that I
have reviewed require a minimum 250 foot separation between cannabis businesses and residential
properties. The proposed Palm Desert ordinance would prohibit such businesses from properties which
"abut...private residential properties...". The provided definition of "private residence" is "...a house, an
apartment unit, mobile home or other similar dwelling unit." No definition of the term "private residential
properties" is provided and one should be added providing that such properties are those zoned for any
residential use. Also, due to the likelihood that such business will emit noxious orders as well as the
possibility of robberies and burglaries due the their cash nature, a 250 foot separation should be the
minimum required;
2. We request that, as part of the City's CUP process for cannabis businesses, applicants be advised to
determine whether the property on which they intend to operate is subject to CC&Rs. If so, a determination,
by the Property Owners' Association or other entity with reviewing authority that the proposed business is
allowed under the CC&Rs would be required.
Thank you for your attention to these requests. I will be happy to provide any additional information that would be
helpful.
Sincerely,
Thomas S. Noble
Cc: Mayor Pro Tem Jonathon
Councilmember Kelly
Councilmember Nestande
Councilmember Weber
Lauri Aylaian
Ryan Stendeli
Eric Ceja
34360 Gateway Drive, Palm Desert, CA 92211
Tel. (760) 770-3100 • Fax (760) 770-3199 • noblecompanyllc@aol.com
www.noblecompanyllc.com
Gateway Industrial Park at Palm Desert
Property Owners' Association, Inc.
PO Box 12950
Palm Desert, CA 92255
(760) 770-3100 • Fax (760) 770-3199
Apri128, 2017
Mr. Ryan Stendell
Director of Community Development
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
By e-mail: rstendell@cityofpalmdesert.org
Original by U.S. Mail
Re: Draft Marijuana Use and Regulation Ordinance
Dear Ryan:
I have reviewed the referenced draft ordinance on behalf of the Gateway
Industrial Park at Palm Desert Property Owners' Association, Inc., and offer the
following comments:
1. Apparently the draft ordinance does not specify a minimum distance
by which a commercial marijuana operation must be separated from
residential property. Ordinances adopted by other Coachella Valley
cities require a minimum distance of 250 feet and we suggest that at
least that standard should apply in Palm Desert;
2. The recorded CC&Rs of the Gateway Industrial Park at Palm Desert
Property Owners' Association, Inc., provides at Section 8.2.5
Nuisance: "No Parcel or portion thereof shall be used fox any purpose
or business which is dangerous or unsafe, which constitutes a
nuisance, or is in any way obnoxious or offensive by reason of, among
other things, the emission of dust, odors, smoke, vibrations, electro-
mechanical disturbances, intermittent lights, glare, noise, fumes, ash or
sound." We ask that any party requesting a CUP under this ordinance
(when/if adopted) be advised of this provision and that approval by
this Property Owners' Association be required before approval of any
such CUP.
Mr. Ryan Stendell
April 28, 2017
Page 2 of 2
Thank you for your attention to these requests, please feel free to contact us with
any questions or comments that you may have.
Sincerely,
Gateway Industrial Park at
Palm Desert Property Owners' Association, Inc.,
By:
Thomas S. Noble
President
Cc: Caroline Halcovich
Fabio Ceresa
5/3/2017 Gmaii - Attached Letter
M Gmaii
Attached Letter
Tom Noble anoblecompany760@gmail.com>
sharon noblecompanyllc.com <sharon@noblecompanyllc.com> Sat, Apr 29, 2017 at 10:57 AM
To: noblecompany760@gmail.com
Original Message
From: eceja@cityofpalmdesert.org
To: sharon@noblecompanyllc.com
Cc: Stendell@cityofpalmdesert.org
Date: April 28, 2Q17 at 6:05 PM
Subject: RE: Attached Letter
Hi Tom,
Thank you for your letter regarding the City's Cannabis Ordinance. So far the committee has not
considered a separation requirement between cannabis uses and residential properties. 1 think this is
because some are looking to treat cannabis like any other retail establishment and we do not have that
requirement for other retail uses. 1 will present your idea to the committee at their next meeting in late May
and see what they recommend. Regarding you second concern, property owners retain the right to lease to
businesses they see fit for their properties. All Conditional Use Permit applications require the property
owner to consent (sign off) to the use and without property owners consent we will not even take in the
application. r- ; ��; ry 1.
Thanks,
Eric Ceja, Principal Planner
Community Development Department
eceja@cityofpalmdesert.org
P: (760) 346-0611 F: (760) 776-6417
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
—Original Message —
From: Stendell, Ryan
Sent: Friday, April 28, 2017 12:01 PM
To: Ceja, Eric
Subject: FW: Attached Letter
Ryan Stendell
Director of Community Development
Ph: 760.346.0611 Direct: 760.776.6386
rtendell@cityofpalmdesert.org
—Original Message ----
From: Sharon Walton[matlto:sharon@noblecompanylic.com]
Sent: Friday, April 28, 2017 12.00 PM
To: Stendell, Ryan
Cc: [ceresal @gmail,com: Tom Noble'
Subject: Attached Letter
Mr. Stendell.
Please see attached letter from Tom Noble. If you have any questions, please do not hesitate to contact
him directly on his cell 760-221-3559.
Thank you.
https:UmatI_google.cam/mailh.Jo/21 i=2&ik=5a8da8f8.52&viex=pt&msg=15hhadcb90e29a9c&search=inbox&sim1=15bbadcb90e29a9c 1/2
Gateway Industrial Park at Palm Desert
Property Owners' Association, Inc.
PO Box 12950
Palm Desert, CA 92255
(760) 770-3100 • Fax (760) 770-3199
May3,2017
Mr. Eric Ceja
Principal PIanner
Community Development Department
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
By e-mail: eceia(.eitvofpalmdesert.ora
Original by U.S. Mail
Re: Draft Marijuana Use and Regulation Ordinance
Dear Eric:
Thanks for your very prompt reply to my letter of April 28t' to Ryan Stendell. I will
appreciate your bringing my comments regarding the need for a specified minimum distance
between a cannabis facility and residential property to the attention of the members of the
cannabis advisory committee and I hope that they will follow the lead of other jurisdictions in
recommending same.
I do not understand the concept of treating cannabis operations which may be permitted
by the proposed ordinance "...like any other retail establishment....". The proposed ordinance
would allow the full spectrum of marijuana related functions including cultivation and
manufacture. It is questionable whether such activities are appropriate in Palm Deserts Service
Industrial (SI) zone and they certainly do not meet the stated goals of the City's commercial
areas.
The CC & R's of the Gateway Industrial Park at Palm Desert Property Owners'
Association, Inc., present a separate issue. The restrictions quoted in my April 28'h letter are
binding on all users of property in this development, not just owners. Owners of such property
should be aware of the CC&Rs but tenants may not be. It would be in no one's interest for a
tenant to be granted a CUP for a function which would emit odors in violation of the CC&Rs.
Rather than to get into the legal wrangling entailed in the enforcement of CC&Rs it would be
much better to be certain that all parties to a potential lease or sale have actual notice of the use
restrictions which apply to this development. We will call the attention of all owners within this
Mr. Eric Ceja
May 3, 2017
Page 2 of 2
association to the restrictions set out in the CC&Rs and we think that it would be wise for the
City to do likewise.
Thank you again for your attention to these concerns. Please let me know if you would
like to discuss these issues in person. Also, please advise me of all future meetings on this
matter.
Sincerely,
Gateway Industrial Park at
Palm Desert Property Owners' Association, Inc.,
r--
By: / 7 e
Thomas S. Noble
President
Cc: Caroline Halcovich
Fabio Ceresa
5117I2O17 Gmail - Attached letter
---- Forwarded message ----__
From: Tom Noble <noblecompany760@gmail.com>
Date: Fri, May 5, 2017 at 9:34 AM
Subject: Re: Attached letter
To: eceja@cityofpaimdesert.org
Cc: sharon@nobiccompanyllc.com, Bob Hargreaves <Robert.Hargreaves@bbklaw.com>
Eric.
Thanks for the up -date. Sorry to load you down with more questions but will you recommend a specific number of feet
between cannabis facilities and residential property? When will the next committee meeting be held?
Also, just to be clear, my concern regarding such facilities being in violation of our CC&Rs does not end with a property
owner's approval of a tenant's or purchaser's application. It is very possible that an owner could give such approval but
that the subject facility would be in violation of the CC&Rs by, as one example, emitting odors once it goes into
operation. In such a case the POA would have the right to seek an injunction to stop such odors even if that required
shutting down the business. It is obviously in everyone's interest to make all parties fully aware of the CC&R's
provisions at the outset instead of having to enforce them with expensive legal action at a later date. Since this is
largely a legal question I am copying the city attorney on this message.
Thank you again for your attention to these matters.
Tom Noble
On Thu, May 4, 2017 at 5:12 PM, <eceja@cityofpalmdesert.org> wrote:
Thank you for the letter. 1 will be recommending to the Committee that we prohibit cannabis related uses adjacent to
residential properties. In addition, we do not receive or approve conditional use permit applications without property
owner authorization.
Thanks,
Eric Ceja, Principal Planner
Community Development Department
eceja@cityofpalmdesert.org
P: (760) 346-0611 F: (760) 776-6417
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
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Jun 7, 2017 - A Spring Valley marijuana dispensary was robbed late Tuesday, shortly before closing
time.
Masked men rob marijuana dispensary I fox5sandiego.com
fox5sandiego.com/2017/06/07/masked-men-rob-marijuana-dispensary/ •
Jun 7, 2017 - Police are looking for several masked men who allegedly robbed a Spring Valley pot shop
late Tuesday.
Cathedral City medical marijuana dispensary robbed - The Desert Sun
www. d esertsun. co m/story/news/crime_court 5/2017/04/ 2 7/cathedra l... /307190001 / •
Apr 27, 2017 - A robbery was reported Wednesday night at No Wait Meds on Ramon Road.
Perris men arrested in robbery of marijuana dispensary — Press ...
www.pe.com/2017/05/121perris-men-arrested-in-robbery-of-marijuana-dispensary/ •
May 12, 2017 - Two Perris men were arrested after sheriff's officials say someone robbed a dispensary
of marijuana and later pointed a gun at the victim.
Pot dispensary attempted robbery - LA Times
www.iatimes.comflocal/lanow/87503661.132.html •
Two men who attempted to rob a medical marijuana dispensary in Walnut Park on Tuesday night are in
critical condition after the business owner pulled out a ...
UPDATE: Surveillance photos released of medical marijuana ...
www.ktnv,cam/news/medical-marijuana-dispensary-robbed-at-gunpoint-on-wednesday •
Jan 18, 2017 - LAS VEGAS (KTNV) — The Las Vegas Metropolitan Police Department reports that a
medical marijuana dispensary was robbed at gunpoint on ...
Man Fatally Shot in Pot Dispensary Robbery - NBC Southern California
www.nbclosangeles.com/news/.../Man-Fatally-Shot-in-Pot-Dispensary-Robbery.html •
Jan 1 S, 2017 - A man was shot and killed Wednesday during a robbery at a marijuana dispensary in Mar
Vista.
Are Weed Dispensary Robberies On The Rise? - News I MERRY JANE
https:l/merryjane.com/news/are weed-dispensary-robberies•on-the-rise •
Jun 27, 2016 - Marijuana dispensaries are frequently being robbed.
Las Vegas police name suspects in marijuana dispensary robbery ...
https: //www. rev i ewj ourna 1. com /...1 robbe r i es/ las-veg a s-police-name-suspects-i n-marijll... •
Jul 30, 2017- The Metropolitan Police Department has identified four men they suspect robbed of a
marijuana dispensary Saturday in the central valley and ...
Robberies at Phoenix Medical -Marijuana Dispensaries Show Need for ...
www. phoenixnewtimes.com/.../robberies-at-phoenix-medical-marijuana-dispensaries-... •
Apr 11, 2017 - A spate of recent robberies and thefts al Phoenix -area dispensaries has medical -
marijuana representatives talking about the need for improved ...
Cannabis Legal/ Business - Consultation- Dispensaries
ad www.narayanlawgroup.com/JD-ColumbiaMBA •
Challenges/Opportunities. Compliance Issues with Federal/State Laws/Regulations
Consultation Cannabis Law
Services: Immigration Law, Family Law, Trial Services, Medical Cannabis Law, Litigation
Searches related to robbery at marijuana dispensary
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Klassen, Rachelle
Subject:
FW: City of Palm Desert: Website Contact Us Form Submission
Rachelle Klassen
City Clerk
Ph: 760.346.0611 Direct: 760.776.6304
rklassen@cityofpalmdesert.org
From: webmaster(citvofoalmdesert.ora Finailto:webmaster@acitvofpalmdesert.oral
Sent: Thursday, September 07, 2017 7:54 AM
To: Information Mail
Subject: - City of Palm Desert: Website Contact Us Form Submission
A new entry to a form/survey has been submitted.
Form Name:
Date & Time:
Response #:
Submitter ID:
IP address:
Time to complete:
Survey Details
Page 1
Contact Us
09/07/2017 7:53 AM
615
5476
47.158.96.188
7 min. , 16 sec.
Your Contact Information
First Name
Email Address
Address
City
ZIP Code
lama:
(o) Palm Desert Resident
Kathy
ChattvKathvaoUSCPaol.com
38642 Gladiolus Lane
Palm Desert
92211
Last Name
Phone Number
Address 2
State
Faria
Not answered
Not answered
California
N
VS
r
Comments or Concerns:
I for one am so sad to see that we will have to have marijuana stores all over Palm Desert. The fact that we have come to the
1
place where we have to encourage the use of drugs is a sad commentary on this society.
I hope you will be able to limit the number of these stores as best you can.
Marijuana IS a gateway drug. 90% of people in rehab for hard drugs..say they started on marijuana.
So don't be deceived...this is going to cause even more problems. People driving around stoned etc.
So sorry to see this happening.
Thank you,
City of Palm Desert
This is an automated message generated by the Vision Content Management SystemTM. Please do not reply directly to this email.
2
ies Son
fine jewelers
September 8, 2017
City of Palm Desert
City Council
El Paseo Business Improvement District
To the City of Palm Desert,
I wish to express my opinion on the subject of the possibility of marijuana dispensaries on El Paseo.
I would like to go on record that we have no objection to the establishment of these businesses, in
select locations, providing they are designed and built with a high quality visual exterior and interior
appearance. In fact, we are in favor.
We have many vacancies on El Paseo and I believe a luxury, visually attractive dispensary, would only
help the business environment on El Paseo as a whole.
I would hope that if the City approves dispensaries, they will limit the quantity of these businesses and
require the business to be presented in a luxury fashion. 1 respectfully submit this recommendation,
both as merchant and as a building owner on El Paseo for many years.
Sincerely,
Terry L. Weiner
CEO
Leeds & Son
WBS Properties
L' :th WV L- d3S 11111
0
t3r+in
tn "It
rrt
73-670 El Paseo, Palm Desert, CA 92260 • (760) 568-5266 • fax (760) 773-2109
August 30, 2017
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Re: Cannabis Businesses on El Paseo
Dear City Council:
Cliartwell
INVESTING WITH WISDOM. FOUNDATION FOR LIFE:"'
Commercial Real Estate Services
73-061 El Paseo, Suite 200 Palm Desert, CA 92260
tel 760.341.4888 fax 760.568.9958 chartwellproperties.net
My name is Fred Fern and I own and manage, along with my investors, several buildings on El
Paseo, primarily on the west end. With the support of the city, we have worked hard to build a
luxury shopping destination branded The Shops on El Paseo.
I've had the opportunity to meet with some of the council members to voice my concerns. When I
heard that the City is considering allowing cannabis stores on El Paseo, I became very alarmed. It
seems that this would be in direct conflict with the image and environment we have worked so
hard to create. Specifically, my concerns are as follows:
1. The negative impact on El Paseo's image as a high -end shopping destination.
2. Our ability to extend existing leases and lease to new moderate to high -end national
stores. Our stores are very concerned with co -tenancy and choose Locations based on
having specific stores in close proximity.
3. The potential to attract an undesirable customer base. I am not naive to the position
that there are upstanding people that patronize these businesses, but there are also
those customers that could do great harm by making customers and neighboring
stores feel uncomfortable and potentially increasing crime.
4. When we started investing on El Paseo in 1984, we followed the dream of the Palm
Desert City fathers to make El Paseo the Rodeo Drive of the Desert. Rodeo Drive in
Beverly Hills does not allow cannabis business. I believe, as they believe, that these
type of stores will damage the image of El Paseo.
I ask that the City exclude the El Paseo Shopping District as an area where cannabis businesses
can be located.
Sincerely,
CHARTWELL PROPERTIES, INC.
red A. Fern
Chairman
Grant St
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September 5, 2017
Eric Ceja, Director of Planning
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
RECEIVED
CITY CLERK'S OFFICE
PALM DESERT CA
2011 SEP -8 AN 8: 38
Re: Regional Access Project Foundation office building request for a buffer within your cannabis
ordinance zoning.
Mr. Ceja:
On August 24th, 2017, I testified at the Public Hearing on Ordinance number 1329, Case number ZOA 17-
027 related to your future cannabis operations and zoning for the City of Palm Desert. Since your
proposed map includes areas of the City that have buffer zones, we would ask that you consider
including our building at 41550 Eclectic St., Palm Desert. We respectfully request a 600 foot buffer zone,
from the property line, around our building. The City's proposed zoning map illustrates the potential
for cultivation and manufacturing to be located in our area. This is a concern for our tenants and our
Board of Directors.
Since both the RAP Foundation and the Center for Nonprofit Advancement have activities which include
young people, families and training for other Nonprofits, we believe that it would be in the best interest
of both the City to afford us this buffer and the RAP Foundation.
At the time of the Public Hearing I asked the Council if they could refer us to Eric Ceja to work with him
on the new zoning map. Since the Public Hearing, I have met with Eric Ceja who suggested I
memorialize our request. Toward that end, I am asking to work with staff to accomplish this request.
Thank you in advance for your kind consideration.
�4rncerly,
Mark Moran, Chairperson
Regional Access Project Foundation
Center for Nonprofit Advancement
Inclusions: Tenant List
Board of Directors Roster
Cc: Honorable Mayor Harnik
Honorable Mayor Pro Tem Jonathan
Honorable Council Member Kelly
Honorable Council Member Nestande
Honorable Council Member Weber
41450 Eclectic St Palm Desert, CA 92260 Phone: 760--674 9992 * Fax 760-674 9923
RAP Foundation Board of Directors
10211 ik111u►;1/ i.1=uu.uuy
Amber Amaya New America Media
Anayeli Zavala County of Riverside Board of Supervisors
Ann Dew Dew Household
Annica Meza-Dawe Brandman University
Coachella Valley Unified School District
Beartriz Gonzalez Property Acquisition Corp
Claudia Galvez Clinicas de Salud del Pueblo Inc.
Craig Borba Retired
Dr. William Kroonen Retired
Jan Pye Desert Oasis Healthcare
Joe Hayes First Bank
Larry Parrish Retired
Manuel Perez County of Riverside Board of Supervisors
Mark Moran Platinum Strategies Group
Mike Gialdini Retired
Ricardo Loretta Reynaldo J Carreon M D Foundation
Rosemary Ortega Ortega Household
Coachella Valley Unified School District
Rudy Gutierrez Property Acquisition Corp
Desert Sands United School District School
Tori St Johns Building Corporation
Tricia Gehrlein Clinton Foundation
Van Tanner Retired
Account Or. anization Name
CURRENT TENANT LIST — 8/25/17
• The Community Foundation of Riverside and San Bernardino Counties
• S.M.A.R.T. (Science, Math and Robotics Technology) Education
• GetlnMotion
• Voices for Children
• El Sol Neighborhood Education Centers
• Integrated Learning Institute
• The Reynaldo J. Carreon MD Foundation
• OneFuture Coachella Valley
• Guthy-Renker
• First 5 Riverside
• Coachella Valley Autism Society of America
PLANNING COMMISSION RESOLUTION NO. 2706
A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A
ZONING ORDINANCE AMENDMENT TO THE CITY COUNCIL TO AMEND
AND RETITLE PALM DESERT MUNICIPAL CODE SECTION 25.34.120
MEDICAL CANNABIS USE TO CANNABIS USE AND REGULATIONS
AND SECTION 25.16 COMMERCIAL AND INDUSTRAIL DISTRICTS AND
SECTION 25.18 ONE ELEVEN DEVELOPMENT CODE TO ALLOW FOR
CANNABIS BUSINESSES WITHIN THE CITY, SUBJECT TO A
CONDITIONAL USE PERMIT; AND ADOPT A NOTICE OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
CASE NO: ZOA 17-027
WHEREAS, pursuant to the authority granted to the City of Palm Desert ("City") by
Article XI, Section 7 of the California Constitution, the City has the police power to regulate the
use of land and property within the City in a manner designed to promote public convenience
and general prosperity, as well as public health, welfare, and safety; and
WHEREAS, adoption and enforcement of comprehensive zoning regulation and other
land use regulations lies within the City's police powers; and
WHEREAS, California has adopted, through ballot initiative, the Control, Regulate, and
Tax Adult Use of Marijuana Act (AUMA) to regulate the adult personal and commercial use of
cannabis, pursuant to local authority preserved in the AUMA; and
WHEREAS, the City Council established an Ad Hoc Cannabis Committee, comprised
of industry representatives, community members, and City staff, to review a potential cannabis
ordinance and to make recommendations for changes to the City's Municipal Code to allow
and regulate cannabis businesses; and
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the
1st day of August 2017, hold a duly noticed public hearing to consider changes to the City's
Zoning Ordinance to allow cannabis businesses in the City subject to approval of a Conditional
Use Permit and certain regulations; and
WHEREAS, the requirements established in the ordinance ensure that cannabis
businesses can operate in the City in a safe and limited manner, subject to licensing from the
State Bureau of Cannabis Control; and
WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the
facts and any testimony given adopts the following as its Findings in recommended
approval of the Zoning Ordinance Amendment to the City Council:
SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby
finds that:
A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly
organized under the constitution and laws of the State of California.
PLANNING COMMISSION RESOLUTION NO. 2706
B. The California Constitution and Planning and Zoning Laws authorize cities to
establish, by ordinance, the regulations imposed on certain business operations
and that cannabis businesses can be conditioned and limited in the City.
SECTION 2. Amendment. The Planning Commission of the City of Palm Desert
recommends that the City Council of the City of Palm Desert, California, approve and adopt
the Municipal Code amendment to Section 25.34.120 Cannabis Use and Regulations and
25.16 Commercial and Industrial Districts, and 25.18 One Eleven Development Code as
shown in Exhibit "A", "B" and Exhibit "C" which is attached hereto and incorporated
herewith.
SECTION 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this ordinance or any
part thereof. The Planning Commission hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof
irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION 4. California Environmental Quality Act Finding. The City of Palm
Desert (City), in its capacity as the Lead Agency under the California Environmental Quality
Act (CEQA), has determined that this Zoning Ordinance Amendment (ZOA) is exempt from
CEQA review pursuant to Section 15060(c)2 in that the proposed action will not result in a
direct or reasonable foreseeable indirect physical change in the environment, and Section
15061(b)3 in that the ZOA to regulate the use of cannabis and cannabis businesses is not a
"project" and is not subject to CEQA review. The Director of Community Development
therefore, is recommending that the Planning Commission adopt a Notice of Exemption
under the CEQA guidelines.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 1st day of August 2017 by the
following vote, to wit:
AYES: GREENWOOD, GREGORY, and Pradetto
NOES: DE LUNA
ABSENT: HOLT
ABSTAIN: NONE
ATTEST:
RYAN STE
PALM DES
L, SECRETARY
PLANNING COMMISSION
NANCY DEILt1NA, CHAIRPERS N
2
MINUTES
PALM DESERT PLANNING COMMISSION AUGUST 1, 2017
Mr. Ceja responded two weeks, which would be the Planning Commission
meeting scheduled for August 15.
Commissioner Greenwood interjected that he would be interested to have formal
comments and review by the ARC in regard to the Monterey Crossing sign
design prior to the Planning Commission meeting on August 15.
Mr. Ceja replied that the ARC will meet on August 8, and he would add the
Monterey Crossing sign design to their agenda.
Vice Chair Pradetto moved to, By Minute Motion, continue Case No. ZOA 17-070
to August 15 so City staff could further study the ZOA; and receive formal comments
and review by the ARC regarding the design for the Monterey Crossing freeway -
oriented monument sign. Motion was seconded by Commissioner Greenwood and
carried by a 4-0-1 vote (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES:
None; ABSENT: Holt).
D. REQUEST FOR CONSIDERATION to adopt a resolution recommending
approval to the City Council to adopt a Zoning Ordinance Amendment to
amend and retitle Palm Desert Municipal Code Section 25.34.120 Medical
Cannabis Use to Cannabis Use and Regulations and Sections 25.16
Commercial and Industrial Districts and 25.18 One Eleven Development
Code to allow for cannabis businesses within the City, subject to a
Conditional Use Permit; and adopt a Notice of Exemption under the California
Environmental Quality Act. Case No. ZOA 17-027 (City of Palm Desert,
California, Applicant).
The Planning Commission was provided with a PowerPoint presentation and an
oral interpretation of the staff report by Mr. Ceja (staff report is available at
www.citvofpalmdesert.ora). He noted that it has taken City staff over a year to
draft the cannabis ordinance due to the constant changes at the State level.
Consequently, the Commission may see the cannabis ordinance again in a
relatively short time. Staff recommended approval to the City Council of the ZOA
for adult -use of cannabis and commercial cannabis operations. He offered to
answer any questions.
Commissioner Greenwood asked if the definition of commercial also pertains to
retail.
Mr. Ceja replied that is correct.
Commissioner Greenwood inquired if there is a map of the Downtown District
Overlay that has been omitted from retail opportunities. He asked where the retail
opportunities exist within the City of Palm Desert.
13
G:\Planning\Monica OReilly\Planning Commission\2017\Minutes\8-1-17.docx
MINUTES
PALM DESERT PLANNING COMMISSION AUGUST 1, 2017
Mr. Ceja replied that he does not have a map of the Downtown District Overlay.
He referred to a map displayed on the screen and pointed to commercial centers
in the City that could accommodate a cannabis business. He noted that a
cannabis business is not allowed where there is red hatching indicated on the
map.
Commissioner Gregory asked staff to explain the difference between the orange
hatching and the red areas without hatching indicated on the map.
Mr. Ceja explained that there a various degrees of development intensity. The
orange areas are allowed for mixed -use up to three stories with a mix of
commercial, primarily on the ground floor. The orange areas with the hatching
are in an edge overlay, which is the transition from multi mixed -use and multi-
story down to two stories and primarily residential uses. He said the red areas
would allow for three-story mixed -use; predominantly for commercial uses.
Chair DeLuna pointed to the plain red areas along El Paseo, and asked if the
areas could be retail outlets for cannabis.
Mr. Ceja replied yes.
Chair DeLuna stated that there are some locations where the City is entertaining
mixed -use developments, such as a building with retail on the first floor and
residential above. She asked if the building would automatically be exempt from
allowing a cannabis business since residential units would be attached to the
building.
Mr. Ceja responded that the ordinance was written to exempt mixed -use
development so the City would not shut down everything on Highway 111 or El
Paseo to cannabis if it is part of a mixed -use development. However, you can still
have a cannabis business on the ground floor.
Chair DeLuna affirmed that there could be cannabis stores along El Paseo.
Mr. Ceja responded that staff has seen very high -end cannabis retail operations
that could potentially be a good fit for El Paseo.
According to State statute, Chair DeLuna asked staff to define a school.
In relation to cannabis, Mr. Ceja believed that the State defines a s�hool as K to
12 facilities.
Chair DeLuna noted that there are five post -secondary schools in Palm Desert.
She asked staff to show her where cannabis retail businesses could possibly be
permitted that is within a 600-foot radius of the post -secondary schools.
14
G:\Planning\Monica OReilly\Planning Commission \2017\Minutes\8-1-17.docx
MINUTES
PALM DESERT PLANNING COMMISSION AUGUST 1, 2017
Mr. Ceja referred to the map to show the locations of the post -secondary schools
and the potential locations of a cannabis business.
Vice Chair Pradetto asked Chair DeLuna if they should intensify the allowable
number cannabis dispensaries near the college campuses.
Chair DeLuna remarked no. She stated that post -secondary schools have under
aged students. However, she would address that issue when they get to the
Commissioner's comments. In regard to the people that want to grow marijuana
in their backyard, she inquired if the City's Code Enforcement Division would be
the enforcing agency.
Mr. Ceja replied yes.
Chair DeLuna asked if it would require a complaint from a neighbor or interested
party for Code Enforcement to check a home for marijuana plants.
Mr. Ceja responded that it is not the practice of Code Compliance officers to
enter backyards. There would have to be a complaint for Code Compliance to
respond.
Chair DeLuna commented that day care and youth centers are loosely defined.
She asked staff how many day care and youth centers are located within 600
feet of a cannabis retail business.
Mr. Ceja replied that he does not have a number of day care or youth centers
that would be located within 600 feet of a cannabis business. He reiterated that a
cannabis business would not be allowed to be within 600 feet of the centers.
Chair DeLuna inquired if day care centers include pre-schools.
Mr. Ceja replied that is correct.
Commissioner Greenwood said the map indicates a 1,000-square-foot
commercial buffer. He asked what the difference is between 1,000 square feet
and 1,500 square feet from adjacent dispensaries.
Mr. Ceja responded that the red circles on the map indicate 1,000 square feet,
and the blue circles) indicate 1,500 square feet. Therefore, essentially all the red
circles would be erilarged to match the blue circles to further limit Commercial
cannabis.
Chair DeLuna inquired if there were any reasons or thoughts given for allowing
retail sales of cannabis along El Paseo.
Mr. Ceja replied yes. He explained that there are some smoke shops on El
Paseo that seem to fit in perfectly well with El Paseo. Staff also saw other
15
G:\Planning\Monica OReilly\Planning Commission\2017\Minutes\8-1-17.docx
MINUTES
PALM DESERT PLANNING COMMISSION AUGUST 1, 2017
cannabis retail operations that could be high -end and specialized and fit in well
with El Paseo. The Conditional Use Permit process will ensure that a cannabis
retail operation would be an appropriate use on El Paseo.
Commissioner Greenwood asked if staff has completed an analysis in regard to
looking at the restrictions as it applies to schools, day cares, etc. as well as the
1,500-square-foot radius. He also asked how many dispensaries would be
allowed within the 111 Corridor.
Mr. Ceja responded that he does not have a number of dispensaries that would
be allowed within the 111 Corridor. Due to the definition of a youth center and
how broad that is, it has been difficult to identify the location for a dispensary
within the 111 Corridor. He noted that the maps with the red circles gave the
Cannabis Committee an idea of approximately how many dispensaries could be
permitted.
Commissioner Gregory voiced that the cannabis ordinance is a living document,
and he would not be surprised if there is an amendment. The City has to start
somewhere and see what happens.
Commissioner Greenwood conveyed he spent a lot of time working on the
General Plan Update process. He also sat on the Cannabis Committee.
Cannabis is new for a lot of people and there tends to be a little bit of a stigma.
He felt that time would show cannabis retail establishments are businesses like
any other business and it will go by the wayside. To say that the cannabis
ordinance is a living document, the Planning Commission may see some of the
restrictions become lesser in the areas along the 111 Corridor. He questioned
why they are not opening the 111 Corridor since there is a 1,500-square-foot
requirement, the same goes for some of the other areas.
Chair DeLuna declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter.
MR. CHRISTOPHER CRANFILL, Palm Desert, California, stated he is in favor of
the cannabis ordinance. However, he is against some of the proposed
restrictions. He said restricting anchoring locations is going to create a hole
where the City will wind up with cannabis zones. The cannabis zones would
create overpriced properties, which will mean more buildings that sit empty for a
longer period of time. He expressed that synergy is huge. Palm Desert has a
huge population, it is the center of the Coachella Valley, and it is the retail center
of the Coachella Valley. Palm Desert also created a very good environment and
it has very high standards. For those reasons, the cannabis industry would like to
see their business in Palm Desert. He stated that cannabis was voted in by the
people in California, therefore, it is something that the people want. If the City is
concerned with the visibility of cannabis retail businesses, the City should focus
on restrictions on what retail locations could look like and enforce how they
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advertise and present themselves beyond the State regulations. By restricting
dispensaries from areas with retail traffic, other local businesses could possibly
benefit from the people who would be frequenting dispensaries. He voiced his
concern with proposed buffer and the need to have exposure in the marketplace.
MR. TOM NOBLE, Palm Desert, California, stated that he has nothing against
the cannabis industry. He noted that he provided the Planning Commission with
a correspondence prior to the meeting. He voiced his concern with Section F of
the proposed ordinance, which states "Commercial Businesses are prohibited
from operating on properties that abut public parks, single-family residential
properties ..." He stated that abutting means sharing a property line. He does
not think the City would want a commercial cannabis business sharing a property
line with a single-family residential community or a public park. He noted that
most of the ordinances he has seen have a 250-square-foot requirement
distance from residential properties. He voiced that the ordinance is far from
being voted on and should not be acted upon at this time.
With no further testimony offered, Chair DeLuna declared the public hearing closed.
Commissioner Gregory was confused with Mr. Noble's remarks in regard to the
abutting of facilities to public parks. He asked if the suggested amendments
precluded facilities abutting public parks.
Mr. Ceja responded that cannabis businesses are prohibited on properties that
abut a public park, same for single-family residential properties. He explained
that it does not create a numeric distance requirement. He said that there are
neighborhoods in very close proximity to Highway 111 and El Paseo; therefore,
staff has limited parcels that abut a property line of a single-family residential
property.
Vice Chair Pradetto commented that he does not know enough about the
industry to make an intelligent decision on whether the cannabis ordinance is
good compared to everything else that is out there. Secondly, the nature of how
fast things are changing, adds another complication. He stated the ordinance
could be great, or it could have a gaping hole that the City will not find out until it
is put into action. He said he would like to hear from Commissioner Greenwood
since he sat on the Cannabis Committee. He would like to know some of the
llhoughts that lead to the draft cannabis ordinance.
Commissioner Greenwood commended staff because it has not been an easy
process. He said the Cannabis Committee looked where retail and cultivation
establishments would be located, and spent a lot of time discussing residential
use. He agreed with Commissioner Gregory, the ordinance is a living document
and there will be changes made to the ordinance.
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Chair DeLuna shared that the City is breaking new and controversial ground. She
believed, out of an abundance of caution and before moving forward to the City
Council, the issue of cannabis businesses being in close proximity to the post-
secondary education corridor merits further discussion. She stated that the post-
secondary schools include kids under the age of 21, and she would like to see
the same 600-square-foot exemption included for post -secondary schools. She
said the City is trying to enhance the education corridor, attract students, and
keep students. Therefore, the City has to guard that area as something unique
and different. She voiced that she is also concerned with commercial zones and
youth centers, and referred to The First Tee and The Hitting Zone. The two
facilities would be less than 1,500 square feet of a cannabis business. Chair
DeLuna noted that the use of marijuana is still illegal at the federal level. She
believed it was prudent to proceed conservatively in accordance with new State
laws. There are no current limits set for marijuana consumption and no testing
methods to determine the amount of consumption. Therefore, responsibility rests
with the City's ordinance. She stated that the City could revisit ordinances and
relax them, but it is difficult once an ordinance is in place to constrict.
Vice Chair Pradetto disagreed with Chair DeLuna. He stated that bars are not
banned near colleges because there are students under 21.
Chair DeLuna interjected that the amount of alcohol in a person's system could
be tested.
Vice Chair Pradetto believed that the State is working on finding a way to
determine how much cannabis is in a person's system. He imagined that a
cannabis business operator is salivating at the opportunity to be located near a
college, and he is sure there are plenty of students that would appreciate having
a cannabis business near campus.
Commissioner Greenwood remarked that the cannabis dispensaries would be a
licensed facility, which would have accountability.
Chair DeLuna asked why the ordinance should exclude post -secondary schools
from being considered as part of the definition of a school.
Commissioner Greenwood commented that staff spent a lot of time looking at
case studies. He inquired if staff found any research related to Chair DeLuna '
concern with post -secondary schools.
Mr. Ceja responded that they did not find any research pertaining to cannabis
businesses in close proximity to post -secondary schools.
Commissioner Greenwood mentioned that he recently visited the state of
Colorado. He stated that he did not see any separation from post -secondary
schools.
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Commissioner Gregory commented that an effort has been made to distribute
possible locations for cannabis dispensaries quite well, with a very conservative
approach. As far as post -secondary education, he felt that the concern with
younger children is that they might be influenced in a way before they have
enough mental capacity to make a wise decision. He stated that a cannabis
dispensary would have too much to lose in selling to someone that is underage.
Commissioner Greenwood referred to the permit issuance process. He clarified
that a cannabis facility could obtain a building permit, but not a Certificate of
Occupancy until the license from the State has been issued to the business
operator.
Mr. Ceja replied that is correct.
Following brief discussion pertaining to obtaining permits and post -secondary
schools, the Planning Commission referred to the map displayed on the screen.
Mr. Ceja pointed to areas where cannabis retail businesses would not be
permitted.
The Commission questioned the wording "single-family residential properties"
under Section F, No. 2.
Mr. Ceja proposed that the wording be changed to "private residential properties"
which is a broader term than "single-family residential properties."
Commissioner Greenwood referred to the area near Sage Lane. He mentioned
that the City looked at opportunities to change that area to mixed -use. If it were
to happen, could the area ultimately become available for cannabis retail use?
Mr. Ceja replied no because the area still has a zoning designation of Downtown
Core Overlay. The overlay prohibits cannabis retail use.
Chair DeLuna asked if the motion must include the amendment to Section F, No.
2 of the ordinance.
City Attorney Jill Tremblay replied yes.
Commissioner Greenwood asked what the process is if the ordinance moves
forward to the City Council.
Mr. Ceja responded if the Planning Commission approves a recommendation to
the City Council, the ordinance would go to a City Council public hearing. It would
require two hearings, and then the ordinance goes into effect 30 days after the
date of the second hearing. Theoretically, the City could accept Conditional Use
Permit applications once the ordinance has gone into effect. Any amendment to
the ordinance would have to go back to the Planning Commission.
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Commissioner Greenwood moved to waive further reading and adopt Planning
Commission Resolution No. 2706, recommending to the City Council to approve Case
No. ZOA 17-027, with an amendment to Section F, No. 2 second paragraph; changing
"single-family residential properties" to "private residential properties." Motion was
seconded by Vice Chair Pradetto and carried by a 3-1-1 vote (AYES: Greenwood,
Gregory, and Pradetto; NOES: DeLuna; ABSENT: Holt).
X. MISCELLANEOUS
None
XI. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
None
B. PARKS & RECREATION
None
XII. COMMENTS
XIII. ADJOURNMENT
With the Planning Commission concurrence, Chair DeLuna adjourned the
meeting at 8:34 p.m.
NANCY DE LUNA, CHAIR
ATTEST:
RYAN STENDE1 L, SECRETARY
PALM DESERT PLANNING COMMISSION
MONICA O'REILLY, RECORDING SECRETARY
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G:\Planning\Monica OReilly\Planning Commission\2017\Minutes\B-1-17.docx
Klassen, Rachelle
Subject: FW: Please forward to members of city counsel
Rachelle Klassen
City Clerk N r^73t+i
Ph: 760.346.0611 Direct: 760.776.6304 <
rklassen@cityofpalmdesert.org DC —400
,c• -n
From: Terry Collier [mailto:ticollier1026@aol.com] CD► a
Sent: Friday, September 22, 2017 4:40 AM "'
To: Klassen, Rachelle
Subject: [SPAM] - Please forward to members of city counsel
I don't know if I will be able to attend the next scheduled meeting of the city counsel so I thought I would get my word
in on the cannabis public hearing.
mentioned during the first public hearing that after my tour in Vietnam that I had grrown "weed" in my back yard in
Sierra Madre. Here are some additional facts you should be informed of.
The marijuanna being commercially grown is not a good grade and is designed or engineered to create profit but not
good health. It is medium level "weed" designed to look high level and is more of a nussance than a real benefit to
anyone.The marijuanna dispenseries are selling that junk at extreamly high prices and it is my belief from those
cooperations in New York that it is the profit to be had by legally selling this stuff to people for the purpose of extorting
profit ahead of actual concern for health and any public safety concerns.
What you should know about "pot" is there are strains of the cannabis sativa weed that can be of very high level while
there are impressive looking grades but are not very long lasting in the effects of what is desired by smoking it in the first
place. What is coming from the licensed growers is a seedlless variety that is designed so as to prevent replication by the
home grower. This eliminates the compatition factor and susposedly will keep the profits in the realm of the "professional
grower"
While overseas I sent home seeds from a very rare varriaty that when mature is not green but rather blue and purple. It
is the highest level know to exist and I have not seen it anywhere since the late 70's. I mentioned I grew some dynamite
stuff and that is true. I was giving a lot to undercover police detectives so as to allow them to have an easy time gaining
access to people suspected of serious criminal activity. This pot was so powerful it was dangerous to operate a vehicle
after using it. It had the ability to make you stare at the red light rather than put your foot on the brakes. You could get lost
in your own neighborhood and need time to have its effect wear off before remembering the way home.
I heard at the meeting where there was a mini public hearing that some need marijuanna to get off of more serious drug
afflections and that is ridiculous. Almost all drug addiction therapist agree that a total "lock down facility" is more effective
than any other form of therapy. The term "lock down" is different than being iin jail and what it means is the patient is
subject to being sealed off from any contact or access to the problem drug they are afflected with. They are undergoing a
forced detoxification and are not allowed to have contact with others that would promote continued useage. Then once the
main withdrawal period is complete then starts the verbal counseling and getting to the emotional reasons for the addition
getting started in the first place.
Those that think using marijuanna to step down from more additive drugs are only fooling themselves because without
professional assistance the day arrives the drug user wants the high level "kick" and goes back to using the harder
substance. This is a large reason only one in ten makes full recovery from their afflection. Those fortunate enough to
afford of have the correct insurance to pay for the "lock down" form of treatment usually have the best chance of making
recovery.
1
I still have about thirty seeds of the purple variety but I am concerned that if I were to grow it now that it is legal to do so,
does not mean I am contributing to anything good for our society. I could set into motion a very serious problem that
would lead to public health and safety issues that could be devastating to young people and everyone for that matter. I
also see tremendous problems in the future between the commercial grower vs. the home grower. The home grower will
have mature marijuanna that will have seeds for reproduction of the weed and this is like haveing a "steer" vs. a "bull"
between commercial growers and home growers. In almost all drug businesses wars break out for control of "territories"
as the gangsters refer to and we could see killings and the such taking place. People looking for big profits do terrible
things to others to gain their sucess.
At the gym I like to go to I attend Silver Sneakers classes and I am already coming across elderly people that refuse to go
to a dispensery for marijuanna. They say it's too expensive and is not a worthwhile grade. Home growers will produce
what will become known as the best to get hold of. The dispenseries create these fancy names for what is really all the
same stuff and put it into jars to market their product but it is a sham to the public. There also seems to be a condition
where anyone can buy it, not just those that need it for medical usage.
Recently I was listening to 94.3 FM and a news cast came on about a sheriff in a south Colorado county has reported in
this last year he has seen a doubleing of ttraffic deaths since marijuanna in his home state has been so freely allowed to
be grown and easily obtained. I fear we will see the same effect of allowing the proliferation of what will prove to be a real
scurge in our culture. The lives that will be altered negatively will be horendous and aside from public health will come a
generation of people lacking motivation to do good. They will become people that for the most part will not contribute to
the enhancement and growth of our people.I think of the marriages and families that will be dissovled and the divorce rate
will climb from the problems to family life and then comes what happens to children that lack good parenting.
The professional grower is not really concerned about the future as much as they are looking towards the profit to be
made from the weakness of others. We may as well allow drinking while driving at the rate we are going.
Once again I thank you for your time to listen/read my concerns about this issue.
Terry Collier
ticollier1026@aol.com
2