Cannabis Urgency
Ordinance
Andrew Firestine
Director of Community and Economic
Development
January 22, 2025
Background
• Ordinances regulating the licensing of medical and adult-use cannabis and establishing the zoning and land use requirements for cannabis business land uses were adopted in 2017 with the last amendment in 2022
• Cathedral City currently has 64 cannabis businesses with 105 licenses
• 47 operating businesses with 67 licenses
• 17 non-operating businesses with 38 licenses
Issues
• City has seen a large increase in the number of cannabis odor complaints
• Between January 1 and March 30, 2024, the City received a total of 38 cannabis odor complaints
• Between April 1 and December 31, 2024, the City received an additional 904 cannabis odor complaints, including 220 in November 2024 and 501 in December 2024
• Complaints were reported across the City with a large number of complaints occurring in the vicinity of Date Palm Drive and Ramon Road
Response to Issues
• Engaged with cannabis enforcement staff in other Coachella Valley cities and with the Department of Cannabis Control
• Evaluated cannabis odor control regulations in other cities • Increased staff training and created cannabis enforcement guide • Initiated cannabis business inspections by code compliance staff • Developed patrol routes for cannabis odor detection
• Authorized overtime to permit evening patrols
• Partnered with Cathedral City Police Department to collect additional data
• Required additional cannabis odor mitigation
Ongoing Challenge
• Despite staff efforts to manage the complaints through additional inspections of cannabis businesses, increased proactive patrols, and specific actions by cannabis businesses to mitigate odors, the City has seen an increase in the number of cannabis odor complaints
Urgency Ordinance – Interim Moratorium
• Under California Government Code 65858(a), City Council may adopt a moratorium as an urgency measure where:
• It is supported by a 4/5 vote of Council;
• The ordinance contains legislative findings that there is a current and immediate threat to the public health, safety, or welfare; and
• The approval of additional entitlements and permits would result in that threat to public health, safety, or welfare.
• Initial moratorium lasts 45 days
• After notice and public hearing, the ordinance may be extended with a 4/5 vote for an additional 10 months and 15 days
• It may be extended for one additional year with a 4/5 vote Draft Urgency Ordinance – Interim
Moratorium
• As of the effective date of the ordinance, no licenses, permits, approvals, or other entitlements for grading, building, improvements, and/or use shall be approved for or issued to a cannabis business, including:
• Local licenses
• Conditional use permits
• Permits for cannabis lounges
• Permits for cannabis events
• No modifications that would result in an increase, intensification, or expansion in the cannabis-related use or operations, or the square- footage utilized for cannabis cultivation, manufacturing, processing, distribution, storage, sales, display, or similar cannabis-related activity, of a cannabis business
• No modifications to change the location of a cannabis business Draft Urgency Ordinance – Interim
Moratorium
• Exemptions include:
• Modifications for the purposes of changing ownership
• Permits or modifications that do not result in an increase in operations • Permits or modifications that decrease the cannabis-related use or operations or square-footage utilized for cannabis cultivation, manufacturing, processing, distribution, storage, sales, display, or similar cannabis-related activity, of a cannabis business
• Renewals
• Processing of existing applications for a local license or conditional use permit received by 4:30 p.m. on January 22, 2025, that were fully completed with all supporting documentation and fees, and permits related to those applications
Next Steps
• If adopted:
• Initial moratorium lasts 45 days
• Would be brought back to City Council on February 26, 2025 • For February 26, Council would see a more detailed strategy on an assessment of the City’s cannabis regulations, including those on zoning, odor control, and enforcement together with a plan for public engagement (e.g. residents and cannabis industry)
• City Council would need to take action on February 26 to extend the moratorium
• If extended beyond February 26, likely to include multiple meetings with the Cannabis Task Force, Planning Commission, and City Council Recommendation
• Staff recommends approval of the urgency ordinance adopting a 45-day initial moratorium on the approval of new cannabis licenses and conditional use permits and the issuance of building permits for the build-out or expansion of new cannabis businesses.