Cannabis Urgency
Ordinance Extension
Andrew Firestine
Director of Community and Economic
Development
February 26, 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 creation of 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
Initial Moratorium
• On January 22, 2025, Council adopted 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
Initial Moratorium
• Since the adoption of the initial moratorium, the City has continued to conduct proactive cannabis odor patrols
• The frequency of the cannabis odor detections by staff has declined since repairs were made to an exhaust fan at the large cannabis cultivation facility near Date Palm Drive and Ramon Road in mid-January
• Odor is detected intermittently by City staff, with an intensity ranging from light to strong
• There are no public health concerns identified by either the Riverside County Department of Environmental Health or the South Coast Air Quality Air Management District
• Odors are most appropriately classified as nuisance odors under section
13.80.240 of the Cathedral City Municipal Code
Review of Cannabis Regulations
• Cannabis regulations are codified within the Cathedral City Municipal Code in chapters 5.88 and 9.108
• Enforcement provisions are adopted as chapter 13.80.240 of the Cathedral City Municipal Code
• These regulations were initially adopted through Ordinance Nos. 800, 801, and 802
• Many of the regulations remain as they were adopted in 2017, particularly those in chapters 9.108 and 13.80.240
Review of Cannabis Regulations – Zoning
• Cannabis uses may be permitted as a conditional use in the Planned Community Commercial (PCC), Commercial Business Park (CBP-2), and Light Industrial (I-1) zoning districts • The PCC zoning district is the most common commercial zoning district in the City and is typified by retail uses and shopping centers throughout the City
• The CBP-2 and I-1 zoning districts are generally clustered around Perez Road
Review of Cannabis Regulations –
Separation Requirements
Minimum Separation Requirement from Use
School, Day-Care Center, or
Youth Center1
Residential Zone2 Resort Residential Zone
Dispensaries 600-feet 250-feet 250-feet, if the dispensary allows for outdoor
consumption
Cultivation, Manufacturing,
and Distribution Sites
600-feet 300-feet -
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: the nearest point of any legally permitted structure located in a residential zone; or 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.
Review of Cannabis Regulations – Odor
Control
• Section 9.108.080 requires as a condition of approval:
A. All Cannabis Businesses. Every cannabis business conditional use permit shall include the following conditions of approval.
1. The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside the cannabis business, anywhere on adjacent property or public rights-of- way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment or any other equipment which local licensing authority determines has the same or better effectiveness:
a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
b. An air system that creates negative air pressure between the cannabis businesses' interior and exterior so that the odors generated inside the cannabis business are not detectable outside the cannabis business.
Review of Cannabis Regulations – Odor
Enforcement
• Section 13.80.240.J of the Cathedral City Municipal Code declares a public nuisance:
J. To cause or permit persistent cannabis odors that are offensive to individuals of normal sensitivity, and which adversely impact or unreasonably interfere with the use and enjoyment of property, to:
1. Emanate across any property line.
2. Emanate across a common wall or otherwise be detectable within an adjacent or nearby unit in a multi-tenant building or in a multi-family residential building that is occupied by another.
Assessment of Cannabis Regulations
• Process of cannabis cultivation and manufacturing produces odor and the presence of cannabis businesses is likely to produce cannabis odor • No clear method to ensure conditions of approval are met or maintained • While the code requires filtration systems, it may not be current technology • Code lacks sufficient detail in section 13.80.240.J of the Cathedral City Municipal Code on how violations should be resolved
• Section 13.80.240.J of the Cathedral City Municipal Code references chapter 13.90 for enforcement subjecting cannabis violations to fines of $100 for a first violation, $200 for a second violation within a 12-month period, and $500 for a third and every subsequent violation within a 12-month period from the first violation
Potential Solutions
• Modify the zoning code to remove cultivation and manufacturing from the PCC zoning district and evaluate the separation requirements in other zones
• Develop an odor control plan to be required as part of a conditional use permit and cannabis license
• Review and update definitions and standards, including those setting the standard for odor thresholds and what constitutes a public nuisance
• Enhance code enforcement provisions for maintenance of an odor control plan and the resolution of odor violations, including fine schedule
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 Next Steps
• With an extension of the moratorium, staff would perform additional research to identify the current best practices for odor control and enforcement, focusing on communities with a large presence of indoor cannabis cultivation
• Staff would prepare a draft ordinance for presentation to the Cannabis Task Force and the Planning Commission (Title 9) • Ordinance would be presented at public hearings before the Planning Commission (Title 9) and the City Council
Recommendation
• Staff recommends approval of the moratorium extension.