City Council
MEETING DATE: 2/10/2016
TITLE:
Title
Ordinance Establishing Land Use Regulations on the Sale and Cultivation for Medical Cannabis Businesses
End
FROM:
Charlie McClendon, City Manager
RECOMMENDATION:
Recommendation
Staff recommends that the City Council introduce and approve the first reading, by title only, an Ordinance of the City Council of Cathedral City, California, Amending Sections 9.30, 9.36, 9.40, 9.42, 9.108 of the Cathedral City Municipal Code Relating to Medical Cannabis.
Body
BACKGROUND:
Cathedral City currently regulates dispensaries but not cultivation through the issuance of conditional use permits, but has not adopted regulations for other types of marijuana businesses. Recent state legislation, the California Medical Marijuana Regulation and Safety Act (“MMRSA”) provides for the licensing and regulation of medical cannabis businesses, including dispensaries and cultivation, in California and gives local governments the authority to enact laws or regulations pertaining to such businesses pursuant to zoning powers. Under the MMRSA, the State will become the sole licensing authority for medical cannabis cultivation in any local jurisdiction that does not enact land use regulations or ordinances regulating or prohibiting medical cannabis cultivation. Council acted in January to adopt an Interim Urgency Ordinance to establish land use regulations for medical cannabis businesses and also adopted amendments to Title 5 of the Cathedral City Code, which established local licensing regulations for medical cannabis businesses.
DISCUSSION:
Ordinance Number 771, which added Chapter 5.88 “Medical Cannabis Businesses” to Title 5 of the Cathedral City Code licensing and regulating medical cannabis businesses, was approved by City Council on first reading on January 13, 2015 and was adopted on January 27, 2015. That ordinance established business licenses, ownership restrictions, and operational requirements for medical cannabis dispensaries in cultivation facilities.
This proposed Ordinance establishes the land use component of Cathedral City’s medical cannabis business regulations by regulating zoning and land use for medical cannabis dispensaries and cultivation facilities in Cathedral City. The ordinance requires that any medical cannabis business obtain a conditional use permit in addition to a business license as required by Ordinance No. 771. The proposed Ordinance requires a medical cannabis business applicant to first obtain a business license before applying for a conditional use permit, and adds specific distance requirements for cultivation sites, modifies distance requirements for dispensaries, and sets forth more exact criteria for the CUP application process. The proposed Ordinance also sets forth certain requirements for medical cannabis CUP permit holders, including but not limited to odor filtration requirements, security requirements, and record keeping 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 allows medical cannabis cultivation sites under a CUP in zones I-1, PCC, CBP-2, and OS, along with the already permitted medical cannabis dispensaries under a CUP in Zones I-1, CBP-2, and PCC.
The proposed ordinance was presented to the Planning Commission at a public hearing on February 3, 2016. The Planning Commission voted to recommend approval to the City Council by a 7-0 vote.
FISCAL IMPACT:
All costs associated with the land use regulation of medical cannabis businesses will be covered by fees imposed on the applicants. Additionally, all medical cannabis businesses are required to pay up to a 15% tax on its proceeds pursuant to Chapter 3.48 of the Cathedral City Municipal Code. City Staff is currently working with Vicente Sederberg LLC to determine whether modifications or additions to the Chapter 3.48 are appropriate.
ATTACHMENTS:
Proposed Ordinance
Planning Commission Resolution Recommending Approval of Ordinance