City Of Desert Hot Springs

The City of Desert Hot Springs is currently accepting applications for cannabis activity as follows:

Desert Hot Springs Cannabis Regulations

17.180.010 Purpose and intent.

The purpose and intent of this chapter is to regulate the dispensing, cultivation, processing, manufacturing, testing and distribution of medical marijuana in a manner that protects the public health, safety and welfare of the City and mitigates the costs to the community of the oversight of these activities. Nothing in this chapter shall be construed to: (1) allow persons to engage in conduct that endangers others or causes a public nuisance; (2) allow the use or diversion of marijuana for non-medical purposes; or (3) allow any activity relating to the cultivation, manufacturing, testing, distribution or consumption of marijuana that is otherwise illegal under California State law. (Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.020 Interpretation and applicability.

Operation of medical marijuana facilities within the City shall be permitted upon the application and approval of both a City-issued Conditional Use Permit pertaining to the location of the facility and a City issued Regulatory Permit pertaining to the operation of the facility, as well as a Development Agreement for unentitled raw land, where applicable, in accordance with the criteria and procedures set forth in this chapter and the City’s Municipal Code, upon application  and subject to such additional regulations as may be promulgated pursuant to this chapter.

A. The cultivation, processing and distribution of medical marijuana in the City are controlled by the provisions of this chapter.
B. Nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution otherwise afforded by California law.
C. Nothing in this chapter is intended, nor shall it be construed, to preclude a landlord from limiting o prohibiting marijuana cultivation, consumption or other related activities by tenants.
D. Nothing in this chapter is intended, nor shall it be construed, to exempt any marijuana-related activity from any applicable local or State construction, environmental, electrical, plumbing, land use, labor or employment laws or any other building or land use standards or permitting requirements.
E. Nothing is this chapter is intended, nor shall it be construed, to make legal any sale, cultivation, transportation, manufacture, or other use of marijuana that is otherwise prohibited or non-compliant under California law, as amended from time to time.
F. Until otherwise stated under California law, all medical marijuana facilities operating in the City shall be operated by a bona fide non-profit organization such as a cooperative or a collective.
G. All medical marijuana dispensaries and medical marijuana cultivation, distribution, and manufacturing facilities within City limits shall be subject to the provisions of this chapter, regardless of whether the use existed or occurred prior to adoption of this chapter.

(Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.090 Medical marijuana facilities—Required license and permits.

A. In addition to those other requirements which may be imposed pursuant to this chapter, no person or entity shall engage in medical marijuana activity or open or operate a medical marijuana facility without possessing and obtaining the following:

1. A medical marijuana Regulatory Permit issued by the City pursuant to Chapter 5.50 of the City’s Municipal Code; and

2. A Conditional Use Permit, pursuant to the conditions set forth in this chapter and the City’s Municipal Code; and

3. Any applicable State-required permit.

B. The fact that a person or entity possesses other types of State or municipal permits or licenses does not exempt the person or entity from the requirement of obtaining a City-issued Conditional Use Permit to operate a medical marijuana facility. (Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.100 Licenses and permits applicable to location.

No person or entity shall locate or operate a medical marijuana facility under the authority of a license or permit at any place other than the address of the medical marijuana facility as stated in the medical marijuana Regulatory Permit issued by the City and the Conditional Use Permit issued pursuant to this chapter. (Ord. 597 2-7-17; Ord. 585 9-20-16)

5.50.040 Permits required.

Prior to initiating operations and as a continuing requisite to operating a medical marijuana facility, the legal representative of the persons wishing to operate a medical marijuana facility shall first obtain a conditional use permit pursuant to the applicable provisions of this code and then obtain a regulatory permit from the City Manager or designee under the terms and conditions set forth in this chapter. The legal representative shall file an application with the City Manager or designee upon a form provided by the City and shall pay an application fee as established by resolution adopted by the City Council as amended from time to time. An application for a regulatory permit shall include, but shall not be limited to, the following information:

A. An estimate of the size of the group of primary caregivers and/or qualified patients who will be served by the medical marijuana facility.

B. Whether delivery service of medical marijuana to any location outside the medical marijuana facility will be provided and the extent of such service.

C. The address of the location of the medical marijuana facility.

D. A site plan and floor plan of the medical marijuana facility denoting all the use of areas of the medical marijuana facility, including storage, cultivation, exterior lighting and dispensing.

E. A security plan that addresses how the following measures shall be implemented or complied with:

1. Security cameras shall be installed and maintained in good condition, and used in an on-going manner with at least 240 concurrent hours of digitally recorded documentation in a format approved by the City Manager or designee. The cameras shall be in use 24 hours per day, seven days per week. The areas to be covered by the security cameras shall include, but are not limited to, the public areas, storage areas, employee areas, all doors and windows, and any other areas as determined to be necessary by the City Manager or designee.

2. The medical marijuana facility shall be alarmed with an audible interior and exterior alarm system, unless waived for extenuating circumstances by the City Manager or designee, that is operated and monitored by a recognized security company, deemed acceptable by the City Manager or designee. Any change in the security company shall be subject to the approval of the City Manager or designee. All current contact information regarding the medical marijuana facility’s security company shall be provided to the City Manager or designee.

3. Entrance to the dispensing or cultivation areas and any storage areas shall be locked at all times, and under the control of medical marijuana facility staff.

4. All medical marijuana shall be securely stored, and a reliable, commercial alarm system shall be installed and maintained where the medical marijuana is secured.

5. A licensed security guard, licensed by the California Department of Consumer Affairs, shall be present at the medical marijuana facility during all hours of operation. If the security guard is to be armed, then the security guard shall possess at all times a valid Security Guard Card and Firearms Permit issued by the California Department of Consumer Affairs.

F. The name and address of the owner and lessor of the real property upon which the medical marijuana facility is to be operated. In the event the applicant is not the legal owner of the property, the application must be accompanied with a notarized acknowledgement from the owner of the property that a medical marijuana collective or cooperative medical marijuana facility will be operated on his or her property.

G. Authorization for the City Manager or designee to seek verification of the information contained within the application.

H. Evidence that the organization operating the medical marijuana facility is organized as a bona fide non-profit cooperative, affiliation, association, or collective of persons comprised exclusively and entirely of qualified patients and the primary caregivers of those patients in strict accordance with the Compassionate Use Act of 1996, the Medical Marijuana Program Act and the 2008 Attorney General Guidelines.

I. 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.

J. Any such additional and further information as is deemed necessary by the City Manager or designee to administer this section. (Ord. 552 10-21-14)

5.50.050 Background check.

All applicants for a regulatory permit for a medical marijuana facility, including any management personnel who are responsible for the day-to-day operations and activities of the medical marijuana facility shall be required to submit to a Fingerprint-Based Criminal History Records Check conducted by the Desert Hot Springs Police Department. (Ord. 552 10-21-14)

5.50.060 Grounds for denial.

The City Manager or designee shall reject an application upon making any of the following findings:

A. The applicant made one or more false or misleading statements or omissions on the application or during the application process;
B. The medical marijuana facility’s related cooperative or collective is not properly organized in strict compliance pursuant to the Compassionate Use Act of 1996, the Medical Marijuana Program Act, the 2008 Attorney General Guidelines and any other applicable law, rules and regulations;
C. The applicant is not a primary caregiver or qualified patient or the legal representative of the medical marijuana facility;
D. The medical marijuana facility is not permitted in the proposed area; orE. The applicant, or any person who is managing or is otherwise responsible for the activities of the medical marijuana facility has been convicted of a felony, or convicted of a misdemeanor involving moral turpitude, or the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, with the exception of medical cannabis related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996. (Ord. 552 10-21-14)

17.180.110 Signage and notices.

In addition to the requirements otherwise set forth in this chapter, business identification signage for all medical marijuana facilities shall conform to the requirements of the City’s Municipal Code, including, but not limited to, issuance of a City Sign Permit. (Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.120 Compliance with laws.

A. It is the responsibility of the owners and operators of all medical marijuana facilities to ensure that such facilities are, at all times, operating in compliance with all applicable Federal (not dealing with medical marijuana), State and local laws and regulations and any additional operating procedures or requirements which may be imposed as conditions of approval of a given medical marijuana facility. Nothing in this chapter shall be construed to authorize any action which violates Federal (not dealing with medical marijuana) law, State law or local law with respect to the operation of a commercial medical marijuana business.

B. Medical marijuana facilities shall be permitted only as provided in this chapter and if not expressly permitted by this chapter, shall be prohibited.

C. Any person or entity operating a medical marijuana facility shall at all times remain in compliance and operate in accordance with the applicable provisions of this chapter, the City’s Municipal Code, the CUA, the MMPA, the MMRSA, and all other applicable State laws pertaining to medical marijuana facilities.

D. Failure to abide by any laws mentioned in this subsection shall constitute a public nuisance and shall subject the medical marijuana facility to revocation of any and all entitlements, licenses and permits. (Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.130 Administration and enforcement.

A. In addition to the administration of the permitting requirements under this chapter and the City’s Municipal Code, the City Council or its designee may require, as a condition to granting or renewing permits, any information reasonably necessary to implement the intent of this chapter to ensure that all medical marijuana is grown, processed, manufactured and distributed in a manner not in conflict with this chapter, and to ensure that any and all related city taxes are being properly reported and paid.

B. A Conditional Use Permit, and any modifications thereto as provided in Section 17.180.060, approved for a medical marijuana facility may be suspended or revoked for any violation of this chapter and pursuant to the procedures generally applicable to Conditional Use Permits as set forth in the City’s Municipal Code. Violations of this chapter are subject to administrative, civil, and/or criminal penalties, as set forth in the City’s Municipal Code, and remedies for such violations include, but are not limited to, civil injunctive relief, civil or administrative nuisance abatement actions or proceedings, summary abatement of immediately hazardous conditions, and all other applicable fines, penalties and remedies. The ordinance codified in this chapter is adopted to address public health and safety issues, and as such, is expressly intended to be interpreted strictly and enforced rigorously in a manner such as to deter further violations. (Ord. 597 2-7-17; Ord. 585 9-20-16)

The above information is attributed to Cannabusinesslaw.com

Medical Marijuana Facility Permit Applications can be found at:

Cannabis Dispensaries

City of Desert Hot Springs Development/ Permitting Process for Cannabis Sales Facilities (Dispensaries)
All Cannabis Sales Facilities(Dispensaries) require a Conditional Use Permit and all of the required public hearings, permits, and approvals. The City of Desert Hot Springs permits the operation of Cannabis Sales Facilities (Dispensaries) only in the zoning Districts designated “Commercial.” The City is currently not accepting any new applications for Cannabis Sales Facilities (Dispensaries). The only applications which may proceed at this time are the pending applications that are currently in process and shown on the list below.

For more information regarding zoning and/or the development and permitting process of a Cannabis Sales Facility you may contact the Planning Department at (760)329-6411 or at the contact below;

Daniel Porras
Community Development Director
City of Desert Hot Springs
65950 Pierson Boulevard
Desert Hot Springs, CA 92240
(760) 329-6411
dporras@cityofdhs.org

For more information, below are links to the various Ordinances relating to Cannabis Sales Facilities;

 

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