HomeMy WebLinkAboutRes No 2706PLANNING 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 Califomia 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, 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
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
Exhibit A
PDMC SECTION: 25.34.120 — Cannabis Use and Regulations
This Chapter shall be known as the "Cannabis Use and Regulation Ordinance" for the
City of Palm Desert.
A. Purpose and Intent
It is the purpose and intent of this section to regulate the commercial cultivation, personal
cultivation, manufacturing, testing, distribution, transportation, delivery, dispensing, retail
sale, and personal adult use of medicinal cannabis and non -medicinal 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 (MMPA), 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. It is the intent of the City to allow personal
cultivation at residential properties and commercial cannabis permitees within city
boundaries, subject to approval of special permitting, terms, conditions, confirmation of a
State issued license, and in accordance with the provisions of this title.
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.
B. Definitions
Unless the particular provision or context otherwise requires, the definitions and provisions
contained in this section shall govern the construction, meaning, and application of words
and phrases used in this chapter. Words and phrases not specifically defined in this code
shall have the meaning ascribed to them as defined in the following sources: The California
Business and Professions Code Section 19300.5 and Section 26001, The Compassionate
Use Act of 1996 (CUA), The Medical Marijuana Program (MMPA), and the Medicinal and
Adult -Use Cannabis Regulation and Safety Act (MAUCRSA).
"Applicant" means a person applying for a Conditional Use Permit whom will be the primary
owner and operator for any Commercial Cannabis Business.
"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
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PLANNING COMMISSION RESOLUTION NO. 2706
"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a
cannabis product.
"Permittee" means any person granted a Conditional Use Permit under this Chapter.
"Private Residence" means a house, an apartment unit, mobile home, or other similar
dwelling unit.
"Sale" includes 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 licensee to the licensee from whom such cannabis or cannabis product was
purchased.
"Testing Facility" 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. Permit Required and Exemptions
1. Required
i. All Commercial Cannabis Businesses are required to obtain approval of a
Conditional Use Permit, City business license, and license from the Bureau of
Cannabis Control prior to the operation of any cannabis facility within the City.
ii. Building permits for improvements associated with a Commercial Cannabis
Business may be issued once an applicant has obtained approval of a
Conditional Use Permit; however, a Certificate of Occupancy to operate will not
be issued until said Commercial Cannabis Business has obtained and provided
the City proof of a license issued by the Bureau of Cannabis Control as part of
the City's Business License application.
iii. Any Commercial Cannabis Business issued a Conditional Use Permit must
provide the City with proof of a license issued by the Bureau of Cannabis Control
prior to operation. Failure to maintain a license from the Bureau will result in
revocation of the Conditional Use Permit and business license.
iv. No Commercial Cannabis Business may operate in the City unless a license(s)
from the Bureau of Cannabis Control has been issued and provided to the City's
Department of Community Development and Business License Division.
v. A copy of the Bureau of Cannabis Control license, and any updates to the
license, shall be provided to the Business License Division at the time of
business license renewal.
vi. Changes in license type, business owner, or operation will require an
amendment to the approved Conditional Use Permit.
2. Exemptions
i. Personal use, and cultivation of cannabis for personal use, is permitted outright
on residential properties and subject to Subsection E of this ordinance and in
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PLANNING COMMISSION RESOLUTION NO. 2706
use of cannabis is prohibited on City property, including parks, common areas in
City -owned housing developments, and other public places. Smoking or use of
cannabis is prohibited within 1,000 feet of a school or childcare facility.
2. Personal Cultivation — Residents in the City are permitted to cultivate cannabis on
private residential property for personal use and in accordance with AUMA, MCRSA,
and then MAUCRSA, when it goes into effect; subject to the following standards:
i. 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, day care center, or youth
center is prohibited.
ii. 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 Department of Building
and Safety.
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 residences.
F. Commercial Cannabis Businesses
Commercial Cannabis Businesses are defined in Subsection B of this Ordinance and do
not include businesses that only sell cannabis related paraphernalia. All Commercial
Cannabis Businesses shall be regulated by the following:
1. Required Permits — All Commercial Cannabis Businesses are required to obtain
approval of a Conditional Use Permit in accordance with PDMC Section 25.72.050
"Conditional Use Permit." Commercial Cannabis Businesses must also obtain a
business license with the City's Business License Division and provide proof of a
cannabis license issued by the Bureau of Cannabis Control in accordance with
Section C of this Ordinance. Failure to provide proof of a State issued cannabis
license within one year of Conditional Use Permit approval will render the
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PLANNING COMMISSION RESOLUTION NO. 2706
c. All cannabis and cannabis products shall be kept in a secured manner during all
business and nonbusiness hours.
d. Commercial Cannabis Businesses shall utilize product and inventory tracking
software and accounting software that is in -line with reasonable business
practices within the industry.
e. Commercial Cannabis Businesses shall install and operate security cameras at
their place of business as follows:
i. Security cameras shall be installed and maintained in good condition at all
times. The areas to be covered by the security cameras include, but are not
limited to sale, cultivation, manufacturing, processing, transportation, and
distribution areas, all doors and windows, and any other areas as reasonably
determined by the Planning Commission.
ii. Cameras shall be in use 24 hours per day, seven days per week.
iii. Commercial Cannabis Business permittees shall maintain at least 120
concurrent hours of digitally recorded documentation.
iv. Any disruption in security camera images shall be cured expeditiously and in
good faith.
f. Permittees shall install alarm systems that are operated and monitored by an
independent third party security company.
g-
All storage areas shall be locked at all times and under control by the permittee's
staff.
h. All cannabis and cannabis products shall be securely stored and not accessible
to the general public.
5. Conditional Use Permit Submittal Requirements — In addition to the requirements
listed in the Conditional Use Permit, all Commercial Cannabis Businesses shall
submit the following information in conjunction with the review of a Conditional Use
Permit:
a. Background Check. The applicant is required to provide names, addresses, and
relevant criminal histories of those with an ownership interest of 25 percent or
more, and for themselves and the highest ranking employee (manager, director,
etc.) at the Commercial Cannabis Business. The background check must be
submitted on a form prescribed by the City and can be obtained at the City's
Business Licensing Division.
b. Business Plan. To be submitted for operational, banking, and personal
procedures to ensure adequate business knowledge, modeling and support.
c. 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 sides of the building.
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PLANNING COMMISSION RESOLUTION NO. 2706
other expenses resulting from and arising out of said commercial cannabis
business operations.
G. Penalties for Violation
No person, whether as principal, agent, employee or otherwise, shall violate, cause the
violation of, or otherwise fails to comply with any of the requirements of this section.
Every act prohibited or declared unlawful, and every failure to perform an act made
mandatory by this section, shall be a misdemeanor or an infraction, at the discretion of
the City Attorney or the District Attomey. In addition to the penalties provided in this
section, any condition caused or permitted to exist in violation of any of the provisions of
this section is declared a public nuisance and may be abated as provided under the
Municipal Code or State law, and may result in revocation of a Conditional Use Permit.
H. Grounds for Denial, Revocation or Suspension
The issuance of a Conditional Use Permit for the operation of a Commercial Cannabis
Business may be denied, and an existing permit may be revoked or suspended, if the
permittee or applicant:
a. Has knowingly made false statements in the applicant's application or in any reports
or other supporting documents furnished by the applicant.
b. Has been convicted of any offense related to the use, sale, possession or
transportation of narcotics or habit-forming drugs.
c. Has been convicted of any offense punishable as a felony, or has been convicted
within a 10-year period immediately preceding the crime of theft in either degree.
d. Failed to pay required taxes and business license fees.
e. Failure to maintain a valid State issued license from the Bureau of Cannabis Control.
f. Has failed to comply with the conditions imposed on the Conditional Use Permit.
g. Has violated any provision of this chapter.
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PLANNING COMMISSION RESOLUTION NO. 2706
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 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 the 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).
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PLANNING COMMISSION RESOLUTION NO. 2706
Utility facility
N
C 1N
P
Retail, Service, and Office Uses
Adult entertainment N N N NNC 25.16.040.D
Ancillary commercial A P P P N A 25.16.040.E
Art gallery AP P P PC
Art studio AP P P PC
Bed and breakfast N A A A A N
Business support services N N N NPP
Cannabis Retail N C "' C C N 25.34.120
Cannabis Testina Facilities C N N N NC 25.34.120
Convention and visitors bureau N N P NPN
Drugstore N P P P N N
Financial institution C P P P N N
Grocery store N P P P N N 25.16.040.F
Health club, gyms or studios N A P P P C
Hotel N A A A P N
Liquor store N P P PNN
Liquor, beverage and food items shop N P P P P N
Medical, clinic
Medical, office
Medical, hospital
Medical, laboratory
Medical office, accessory
Medical, research facility
Mortuary
Office, professional
Office, local government
Office, travel agency
Outdoor sales
Personal services
Restaurant
Retail
Retail, bulky items
Spa
P N P P N N
P P P PNN
N N N NNC
P N N NNP
N N N NNP 25.16.040.G
P P N NNC
N N N NNP
P N P P PP
P N N NNP
P P P P P N
N N A A A A
N P P P P N
A C C C P C 25.16.040.E / H
N P P PPN
N N N P P N
N N P PP N
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PLANNING COMMISSION RESOLUTION NO. 2706
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.
i. 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.
i. 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.
1. 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 I 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:
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PLANNING COMMISSION RESOLUTION NO. 2706
Table 25.16-3: Maximum Permitted Decibels
Octave Band in Cycles- Adjacent Residential District Lot Line of Use in the SI
Second(decibeisl Boundaries(decibels) Zone(decibeisl
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.
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 SI 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
19
Table 25.16-4: Commercial and Industrial District Development Standards
Commercial/industrial District
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Lot Dimensions
E
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Lot size, max
Lot width, min
Lot depth, min
Front yard, min
Side yard, min (interior/exterior)
Street side yard, min
Rear yard, min
■
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Floor Area Ratio
Building Measurements
40', 3 stories
Height, max (single -use)
• co
Height, max (mixed -use)
No. of Stories (mixed -use)
Building size, max8
PLANNING COMMISSION RESOLUTION NO. 2706
Exhibit C - 25.18.040 Land Use and Permit Requirements
Amend Table 25.18-1. "Use Matrix for Downtown Districts" to the following:
Land Use
Zone Special Use Provisions
D I D-O I DE I DE-O I
Retail, Service, and Office Uses
Cannabis Retail C N N N 25.34.120
Cannabis Testing Facilities C N N N 25.34.120
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