City Council
MEETING DATE: 1/27/2016
TITLE:
Title
Second Reading of an Ordinance Adding Section 5.88 to the Municipal Code relating to Medical Cannabis
End
FROM:
Charlie McClendon, City Manager
RECOMMENDATION:
Recommendation
Staff recommends the City Council approve the Second Reading and adoption of an Ordinance of the City Council of the City of Cathedral City, California, adding Section 5.88 of the Cathedral City Municipal Code relating to Medical Cannabis.
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. The ordinance passed on January 13 and is now presented for second reading and adoption. If approved, the ordinance will become effective on February 26, 2016.
DISCUSSION:
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.
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 be implemented at a future Council meeting.
ATTACHMENTS:
Proposed ordinance