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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 3 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 5 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 7 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. 9 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. 11 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). 13 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 15 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: 17 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 i R c b b b o j Lco $ o 0 / . q 0' 1 0 z 0 0 «2 N § § _ J / z \ \ % , % / 7 f 2 # 2 z u@ e e g q§ o 0§§§ I I I I / 6 m i• n 0 n , O. co Z Z Z k- n % k a) o 0 0 o R 0 a® k k ' cv - d Ln �� T () o 0 0 �m 0 2 CI.) as / • z z K ' \ 7 \ • Lt) co k 0 • el d 0 o m o in in a. R k b £ 7 0 b N d 0 0 2 _ E■ cm E ro q 0 ,- ,- w b W b Lot Dimensions E k -I Lot size, max Lot width, min Lot depth, min Front yard, min Side yard, min (interior/exterior) Street side yard, min Rear yard, min ■ al ■ » 0 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 23