City Council
MEETING DATE: 5/24/2017
TITLE:
Title
Discussion of Medical Cannabis Regulations
End
FROM:
Pat Milos, Community Development Director
RECOMMENDATION:
Recommendation
This item is presented for information, discussion and direction only
Body
BACKGROUND:
1. On November 23, 2016, pursuant to Government Code section 65858, the City Council of the City of Cathedral City enacted by a four-fifths vote Ordinance No. 785 as an urgency measure imposing a 45-day moratorium on the approval of new cannabis dispensaries The Ordinance prohibits the approval of any application for a medical cannabis dispensary license under Chapter 5.88 of the Cathedral City Municipal Code or a conditional use permit for a dispensary under Chapter 9.108 of the Cathedral City Municipal Code unless a complete application form, including all required supporting documentation and the application deposit fee was submitted by close of business on November 23, 2016. Government Code section 65858 allows an initial 45-day moratorium to be extended for up to 10 months and 15 days after a noticed public hearing is held. A second extension for up to an additional 12 months is also allowed.
2. On December 14, 2016, the City Council adopted Ordinance No. 786 extending the moratorium for a period of six months, with a new expiration date of July 7, 2017 and retained the right to further extend the moratorium for the remaining four months and fifteen days allowed under Government Code section 65858.
3. On February 8, 2017, the City Council adopted Ordinance 798 amending Chapter 9.108 of the Municipal Code to establish land use regulations for medical cannabis testing laboratories, distribution sites, and transportation sites. That ordinance allowed these uses in the following locations:
Distribution facilities are conditionally permitted in (I-1) Light Industrial, (OS) Open Space, (CBP-2) Commercial Business Park, and (PCC) Planned Community Commercial Districts.
Transportation facilities are conditionally permitted in (I-1) Light Industrial, (OS) Open Space, (CBP-2) Commercial Business Park, and (PCC) Planned Community Commercial Districts.
Testing Laboratories are permitted by right in the (PLC) Planned Limited Commercial, (PPO) Planned Professional Office, and the (NBP) Neighborhood Business Park Districts
4. On February 22, 2017, the Cathedral City Council conducted a study session to consider adding medical cannabis businesses as permitted uses in the North City Specific Plan. After discussion, the City Council referred the item to the Cannabis Task Force for further consideration. The North City Specific Plan (NCSP) adopted in 2009 designates appropriate land uses and intensities within the City's boundaries north of Interstate 10. At the time of the adoption of the NCSP, medical cannabis business were not permitted nor allowed in Cathedral City, and the NCSP has not been previously amended to allow such uses.
5. On March 13th, the Cannabis Task Force met and after discussion recommended:
a) conditionally permitting Cannabis Businesses including dispensaries the in the North City Specific Planning areas including the (MU-U) Mixed Use Urban and (BP) Business Park District.3;
b) permanently prohibiting new dispensaries south of Interstate 10;
6. At the time the changes to the zoning ordinance described in number 3 above were considered by the Planning Commission, the Commission recommended conditionally permitting Testing Laboratories in the (I-1) Light Industrial, (OS) Open Space, (CBP-2) Commercial Business Park, and (PCC) Planned Community Commercial Districts. This recommendation was not included in the final ordinance approved by Council.
DISCUSSION:
Based on the background discussed above and the recommendations made by the Task Force and/or Planning Commission, the City Attorney's office has prepared the three ordinances attached to this resolution. Staff is looking for direction and feedback on the ordinances and whether the Council agrees with the recommendations of the Task Force.
The first ordinance amends Chapter 5.88 of the Code to permamently prohibit the issuance of new medical cannabis licenses for dispensaries that are proposed to be located south of Interstate 10. An exception is made for any proposed dispensaries that submitted their application prior to the date the moratorium was orignally adopted (11/23/16). Under this ordinance, any licensed dispensary south of Interstate 10 may transfer the license to a new location. This ordinance is on the regular agenda for first reading.
The second ordinance is a draft extension of the temporary moratorium on dispensaries. This draft proposed to extend the moratorium for an additional three months to give the City time to finalize the permanent regulations if the draft ordinance presented later this evening for first reading does not move forward.
The third ordinance attached is a draft amendment to the North City Specific Plan to allow dispensaries in the MU-U zone and all cannabis businesses in the BP zone with a conditional use permit.
Finally, though no draft ordinance has yet been prepared, the City Attorney's office will draft an ordinance amending Chapter 9.108 to allow testing laboratories with a conditional use permit if the I-1, OS, CBP-2 and PCC zones if the Council agrees with the recommendation.
FISCAL IMPACT:
There is no direct fiscal impact related to this item
ATTACHMENTS:
1. Draft Ordinance Prohibiting the Issuance of New Medical Cannabis Licenses south of Interstate 10.
2. Draft Ordinance Extending the Temporary Moratorium 3 Additional Months
3. Draft Ordinance Amending the North City Specific Plan