City Council
MEETING DATE: 1/13/2016
TITLE:
Title
Ordinance Amendments Regulating Medical Cannabis Cultivation and Dispensaries
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FROM:
Charlie McClendon, City Manager
RECOMMENDATION:
Recommendation
Staff recommends the City Council provide first reading and approve the ordinance amendments regulating Medical cannabis cultivation and dispensaries.
Body
BACKGROUND:
At the September 23, 2015 City Council Meeting, Council approved an Agreement with Vicente Sederberg, LLC, for Special Counsel for legal services related to medical marijuana cultivation, processing and testing as well as dispensaries. During the study session on November 16, 2015, Shawn Hauser and Jordan Wellington from Vincente Sederberg, LLC provided a list of fundamental structural issues and their recommendations for consideration and received comments from the Council. A draft ordinance prepared by Vicente Sederberg was presented at the December 9, 2015 Council meeting and Council directed staff to bring an ordinance amendment back for first reading on January 13, 2016.
DISCUSSION:
The proposed ordinance repeals and replaces the current Section 9.108, Medical Marijuana Dispensaries, with new, more extensive regulations. The proposed ordinance separates the requirements in the current Section 9.108.050 that mandate possession of a Business License and conditional use permit (CUP), leaving CUP criteria in Section 9.108, and proposing a new Section 5.86 in Title 5, Business Regulations, which includes all of the specific medical cannabis cultivation-related licensing requirements. The proposed ordinance requires the applicant to first obtain a business license before applying for a conditional use permit, and adds specific distance requirements for cultivation sites and more exact criteria for the CUP application process. Also included are extensive criteria for the business license application process, rules regarding renewals, and list of business operational requirements. An examination of the good moral character of applicants has also been added, and sections protecting the confidentiality of information, including protected health information.
The proposed ordinance also amends the permitted uses Sections 9.30, 9.36, 9.40, and 9.42, allowing medical cannabis cultivation sites under a CUP in zones I-1, CBP-2, and OS, along with the already permitted medical cannabis dispensaries under a CUP in zones I-1, CBP-2, and PCC.
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Current Zoning |
I-1 |
CBP-2 |
PCC |
OS |
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Dispensaries |
CUP |
CUP |
CUP |
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Cultivation Sites |
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Proposed Zoning |
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Dispensaries |
CUP |
CUP |
CUP |
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Cultivation Sites |
CUP |
CUP |
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CUP |
FISCAL IMPACT:
Existing provisions approved by Cathedral City voters provide for the taxing of dispensaries and cultivation operations. It is not possible to predict the amount of revenue that will result until there is some history on collections. Costs associated with the issuance of licenses and CUPs can be recovered through a separate fee schedule, which will need to be implemented.
ATTACHMENTS:
Proposed ordinance amendments