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PROPOSED CANNABIS ORDINANCE AMENDMENTS
SECTION 1 AMENDMENT OF SECTION 5.88.025 OF THE CATHEDRAL CITY
MUNICIPAL CODE
The definition of “Good cause” in Section 5.88.025 in of the Cathedral City Municipal Code is amended in its entirety to read as follows:
“‘Good cause’ for purposes of denying an initial local license issuance, for suspending or revoking a local license, or for denying a local license renewal, means:
1. The applicant or licensee has been cited for violating any of the terms, conditions or provisions of this chapter, of state law, of any regulations and rules promulgated pursuant to state law, any applicable local rules and regulations, or any special terms or conditions placed upon its conditional use permit, state license, or local license;
2. The premises has been or is proposed to be operated in a manner that adversely affects the public health, safety or welfare or the safety of the immediate neighborhood in which the establishment is located;
3. The applicant or licensee has knowingly made false statements, misrepresentations or material omissions on an application form, renewal form, or any other document submitted to the city;
4. The criminal history of the applicant’s or licensee’s owner(s) indicates that one or more of the owner(s) lack good moral character;
5. An owner of the applicant or licensee is a licensed physician providing physician’s recommendation to qualified patients for medicinal cannabis;
6. The applicant or licensees, or any owner of the applicant or licensee, is a person who is prohibited from holding the license under this chapter;
7. The premises proposed to be licensed or the licensed premises is located on land that is owned by the United States and held in trust for any federally-recognized Indian tribe or any member of the tribe, or that is subject to a restriction on alienation imposed by the United States;
8. For renewals, suspensions and revocations, the licensee has allowed a person whose criminal history indicates that person is not of good moral character to work within the premises as an employee, independent contractor, or volunteer; or
9. For renewals, suspensions and revocations, the licensee fails to allow inspection of the security recordings, activity logs, or business records of the licensed premises by city officials.”
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SECTION 2 AMENDMENT OF SECTION 5.88.025 OF THE CATHEDRAL CITY
MUNICIPAL CODE
The definition of “Owner” in Section 5.88.025 of the Cathedral City Municipal Code is amended in its entirety to read as follows:
“‘Owner’ shall have the same meaning as California Business and Professions Code Section 26001.”
SECTION 3 AMENDMENT OF SECTION 5.88.035 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Section 5.88.035, subsection B, of the Cathedral City Municipal Code is amended in its entirety to read as follows:
“B. It is unlawful for a cannabis business to operate in the city unless it has been granted the appropriate temporary or permanent state license(s) for its commercial cannabis activities. If the state denies the application for a temporary or permanent license(s) for any reason, the cannabis business must cease operations until such time as it obtains the appropriate temporary or permanent state license(s).”
SECTION 4 AMENDMENT OF SECTION 5.88.065 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Section 5.88.065, Subsection P (Seed to Sale Tracking Required), of the Cathedral City Municipal Code is deleted in its entirety, and the following Subsections Q through W are re-lettered as Subsections P through V. The new Section 5.88.065, Subsection Q (Cannabis Waste), of the Cathedral City Municipal Code is amended in its entirety to read as follows:
“ Q. Waste Disposal.
1. Chemical, Dangerous and Hazardous Waste. Disposal of chemical, dangerous or hazardous waste must be conducted in a manner consistent with federal, state and local laws, regulations, rules, or other requirements. This may include, but is not limited to, the disposal of all pesticide or other chemicals used in the cultivation process, certain solvents or other chemicals used in the production of cannabis concentrate.
2. Cannabis Waste. Cannabis waste must be made unusable and unrecognizable prior to leaving the licensed premises by grinding it and incorporating it with fifty percent non-medicinal cannabis waste in accordance with the conditional use permit issued by the city. If necessary to protect the health and safety of individuals working on a licensed premises, a cannabis business may grind the stalk of a cannabis plant outside of its licensed premises provided all grinding activities occur within twenty feet of the licensed premises and cannot be seen from any public street.
3. Composting. A cannabis business may compost cannabis waste onsite, in accordance with this provision, the conditional use permit issued by the city and all other -3-
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applicable laws, rules, and regulations.”
SECTION 5 AMENDMENT OF SECTION 5.88.070 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Section 5.88.070, Subsections A and B of the Cathedral City Municipal Code is amended in its entirety to read as follows:
“A. Limited Hours of Operation. A dispensary may only be open to the public and engage in sales between the hours of six a.m. and ten p.m.
B. Product Visible To Public. The display of cannabis and cannabis products for sale may be visible from outside the licensed premises. Advertisements, as defined in California Business and Professions Code section 26150, shall comply with advertising and marketing restrictions of Sections 26150-26156 of the California Business and Professions Code. This includes, but is not limited to, the prohibition of advertising cannabis or cannabis products in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products.”
SECTION 6 AMENDMENT OF SECTION 5.88.070 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Section 5.88.070, Subsection I (Sale of Untested Products), is hereby deleted in its entirety, and the following Subsections J and K are re-lettered to Subsections I and J.
SECTION 7 AMENDMENT OF SECTION 5.88.095 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Section 5.88.095, Subsection D of the Cathedral City Municipal Code is amended in its entirety to read as follows:
“D. State-Mandated Warnings and Information. All cannabis and cannabis product labels and inserts shall include the state-mandated warnings and information contained in Business and Professions Code Section 26120(c).”
SECTION 8 AMENDMENT OF SECTION 5.88.120 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Section 5.88.120 of the Cathedral City Municipal Code is amended in its entirety to read as follows:
“Any person convicted of an infraction or misdemeanor violation shall, for each separate violation of this chapter, be subject to civil fines as set forth by resolution of the city council, which may be amended from time to time.”
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SECTION 9 AMENDMENT OF SECTION 9.108.050 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Section 9.108.050, Subsection B of the Cathedral City Municipal Code is amended in its entirety to read as follows:
“B. An application for a conditional use permit shall include, but shall not be limited to, the following information:
1. Confirmation that the proposed premises is not currently permitted by the state or county for the production of non-cannabis infused food products.
2. The address of the proposed cannabis business.
3. A site plan and floor plan of the cannabis business denoting all the use of areas of the cannabis business, including storage, employee areas, exterior lighting, restrooms, security cameras, areas of ingress and egress, signage, limited access areas, and restricted access areas, if included.
4. Plans and specifications for the interior of the proposed premises if the building to be occupied is in existence at the time of the application. If the building is not in existence or alteration to the building is required at the time of the application, the applicant shall file a plot plan and a detailed sketch for the interior and shall further submit an architect’s drawing of the building to be constructed.
5. The name and address of the person that owns the real property upon which the cannabis business is to be operated. In the event the applicant does not legally own the property, the application must be accompanied by a notarized acknowledgement from the person that owns the property that a cannabis business will be operated on his or her property.
6. A description of the design of the proposed premises evidencing that the design conforms to applicable city laws.
7. For a Cultivation Site or Manufacturing Site.
a. A description of the source of power (electric utility company, solar, diesel generators), the size of the electrical service or system, and the total demand to be placed on the system by all proposed uses on-site.
b. For a cultivation site, verification of all water sources used by the proposed premises and verification that the proposed premises does not utilize water that has been or is illegally diverted from any stream, creek, or river.
c. For a manufacturing site, a report from a professional engineer that details the type of equipment that will be used to extract cannabinoids from cannabis. If flammable gas, flammable liquefied gas, flammable and combustible liquids, or compressed carbon dioxide (CO2) are used for extraction, then the report must certify that only closed-loop extraction -5-
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system(s), that are UL or ETL listed or have a sign off by a professional engineer, capable of recovering the solvent are utilized.
d. For a manufacturing site, a separate diagram of any room where extraction occurs that details the location of the extraction equipment, areas of ingress and egress, emergency eye-wash station, any other fire suppression or emergency equipment required by Title 8 of this code, city and California building codes, fire codes, electrical codes and all other applicable laws.
8. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.
9. Authorization for the community development director to seek verification of the information contained within the application.
10. Any such additional and further information as is deemed necessary by the community development director to administer this section or this chapter.” SECTION 10 AMENDMENT OF SECTION 9.108.070 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Section 9.108.070 of the Cathedral City Municipal Code is amended in its entirety to read as follows:
“A conditional use permit for a cannabis business shall not be approved unless the proposed cannabis business will be located in a zoning district in which cannabis businesses of the type proposed are conditionally permitted. In addition, a conditional use permit shall not be approved for a cannabis business unless all of the following locational requirements applicable to the type of cannabis business proposed are satisfied:
A. Dispensaries. No dispensary shall be or located:
1. Within six hundred feet of a school, day-care center, or youth center; or
2. Within two hundred fifty feet of a residential zone.
B. Cultivation, Manufacturing and Distribution Sites. No cultivation, manufacturing, or distribution site shall be located:
1. Within six hundred feet of a school, day-care center, or youth center; or
2. Within three hundred feet of a residential zone.
C. All distances specified in this section shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point of the building or structure in which the cannabis business is, or will be located, to the following locations, or until the city limit is reached. If the cannabis business is, or will be located, in a multi-unit building, the -6-
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distances shall be measured from the nearest point of the suite in which the cannabis business is or will be located.
1. Setbacks from schools, day-care centers and youth centers, shall be measured to the nearest property line of the parcel where such use is located.
2. Setbacks from residential zones shall be measured to:
a. The nearest point of any legally permitted structure located in a residential zone; or b. If there is land within a residential zone with no legally permitted structure, the measurement shall be to the nearest property line unless the nearest property line is within the public right-of-way, in which case the measurement shall be to the edge of the right-of- way furthest from the proposed cannabis business.”
SECTION 11 AMENDMENT OF SECTION 9.108.080 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Section 9.108.080, Subsection A.6, of the Cathedral City Municipal Code is hereby deleted in its entirety.