A. 
The purpose of this chapter is to regulate cannabis business land uses, as permitted by Section 26200 of the California Business and Professions Code, in a manner designed to minimize negative impacts on the city and neighboring uses, and promote the health, safety, morals, and general welfare of residents and businesses within the city.
B. 
This chapter is further adopted and established pursuant to the specific authority granted to Cathedral City in Section 7 of Article XI of the California Constitution and Section 26200 of the California Business and Professions Code. This chapter shall govern all cannabis businesses within the jurisdiction of Cathedral City.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
A. 
In the event of any conflict between the provisions of this chapter and the provisions of MAUCRSA or any other applicable state or local law, the more restrictive provision shall control.
B. 
Except as expressly stated herein, cannabis businesses must comply with all other city codes and regulations. Nothing in this chapter shall be construed as permitting a cannabis business to operate at any time in a manner that is in violation of all other applicable state and local laws.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
Unless otherwise defined herein or in Section 9.08.020 of this code, the terms in this chapter shall have the same meaning as set forth in the MAUCRSA and any rules promulgated pursuant thereto. In addition, the following terms shall be defined as follows:
"Enclosed locked structure"
means a structure that: (1) does not allow for the visibility of the interior from the outside; (2) is secured with a lock; (3) is completely surrounded on all sides by a wall; and (4) is roofed. Enclosed locked structures may include greenhouses, provided that only the roof of the greenhouse is made of transparent glass, and accessory buildings.
"Excessive concentration"
means either of the following: (1) for proposed dispensaries south of Interstate 10, the approval of the conditional use permit would result in more than twenty dispensaries being approved to operate south of Interstate 10; or (2) for proposed dispensaries north of Interstate 10, the proposed dispensary is located less than five hundred feet from another approved dispensary, measured in accordance with Section 9.108.070(C).
"Limited access area"
means a building, room or other area that is part of the premises where cannabis is grown, cultivated, stored, weighed, displayed, packaged, or sold to other cannabis businesses with limited access to only authorized personnel.
"Local license"
means a license granted by the local licensing authority pursuant to Chapter 5.88 of this code.
"Local licensing authority"
means the city manager or designee.
"Medicinal and Adult-Use Cannabis Regulation and Safety Act" or "MAUCRSA"
means Division 10 of the California Business and Professions Code.
"Outdoors"
means any location within the city that is not within an enclosed locked structure.
"Residential zone"
means any zoning district listed in Division II of this title where any residential use other than a "caretaker's residence" is permitted by right.
"State law(s)"
shall mean and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.85 (Medical Marijuana Program Act); MAUCRSA, and all other applicable laws and regulations of the state of California.
"Youth center"
means any facility that is operated by a public agency or non-profit entity with the sole purpose of providing educational and/or recreational services to minors.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
A. 
Where one or more types of cannabis businesses are listed as a conditionally permitted use in a zoning district in Division II of this Title 9 of the code, a cannabis business of the type conditionally permitted in the subject zone may only operate after obtaining a conditional use permit pursuant to this chapter and Chapter 9.72 of this code. No person may operate any cannabis business that is a conditionally permitted use without having first obtained a conditional use permit.
B. 
All cannabis businesses must be operated in strict compliance with the terms, conditions, limitations and restrictions of the MAUCRSA, the provisions of Chapter 5.88, this chapter, Chapter 9.72 of this code, and all other applicable state and local laws and regulations, as well as the terms and conditions of its local license and conditional use permit.
C. 
The city planner is authorized to make policies and procedures consistent with the intent and spirit of this chapter concerning the applications, the application process, the information required of applicants, the application procedures and the administration and procedures to be used and followed in the application and hearing process.
D. 
Chapter 9.72 of this code shall govern and apply to conditional use permits for cannabis businesses applied for or obtained pursuant to this chapter unless this chapter expressly states otherwise. All requirements contained in this chapter shall be in addition to the applicable requirements of Chapter 9.72.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
A. 
All applications for a conditional use permit shall be filed with the city planner on the official form supplied by the city and shall be accompanied by the application fee established by resolution of the city council, as may be amended from time to time.
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 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.
9. 
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.
10. 
Authorization for the city planner to seek verification of the information contained within the application.
11. 
Any such additional and further information as is deemed necessary by the city planner to administer this section or this chapter.
C. 
The city planner and appropriate city staff shall review, verify and investigate all information on the application and prepare a report for the planning commission incorporating the findings of such investigation and verification, including, but not limited to, the suitability of the proposed location, and the applicant's compliance with the requirements of this chapter, Chapter 5.88 and Chapter 9.72.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
A. 
The planning commission shall not hold a public hearing on or approve any application for a conditional use permit to operate a cannabis business unless the applicant holds a local license in good standing.
B. 
In addition to the findings set forth in Section 9.72.010 of this code, a conditional use permit for a cannabis business shall only be granted subject to the following findings:
1. 
The cannabis business as well as all operations as conducted therein, fully comply with all applicable building, electrical, zoning and fire codes, accessibility requirements of the Americans with Disability Act, and all relevant city and state law; and
2. 
The cannabis business fully complies with and meets all operating criteria required pursuant to state laws, Chapter 5.88 of this code, any other provisions of this code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the conditional use permit; and
3. 
The cannabis business will be located in a zoning district where cannabis businesses of the type proposed are conditionally permitted, and all of the applicable locational restrictions in Section 9.108.070 are satisfied.
4. 
For dispensaries, the issuance of a conditional use permit to the applicant will not result in or add to an excessive concentration of dispensaries and/or result in a need for additional law enforcement resources.
C. 
The planning commission may deny an application for a conditional use permit if it determines that one or more of the findings required by Section 9.72.010 or subsection B of this section for the granting of a conditional use permit cannot be made.
D. 
Based on the information set forth in the application and city staff's report and testimony presented at the public hearing, the planning commission may impose reasonable terms and conditions on the proposed cannabis business in addition to those specified in and required to be included in every conditional use permit granted under this chapter.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
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 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.
3. 
Within two hundred fifty feet of the RR (Resort 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; or
3. 
Within three hundred feet of the RR (Resort 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 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.
3. 
Setbacks from the Resort Residential zone shall be measured to the nearest property line of the parcel.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022; Ord. 892, 10/22/2025)
A. 
All Cannabis Businesses. Every cannabis business conditional use permit shall include the following conditions of approval.
1. 
The cannabis business shall submit and obtain approval of an odor control plan meeting the requirements of Chapter 5.88 of the Cathedral City Municipal Code. When required by the odor control plan, the cannabis businesses must install and maintain an exhaust air filtration system with odor control that prevents internal odors from being emitted externally.
Should compliance with the odor control plan fail to properly control odor, the local licensing authority may impose additional or modified plan restrictions.
2. 
The applicant or its legal representative shall:
a. 
Indemnify and hold the city harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of federal law associated with the operation of the cannabis business; defend, at its sole expense, any action against the city, its agents, officers, and employees related to the approval of a conditional use permit or the operation of the cannabis business; reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge (or federal enforcement action) related to the city's approval of a conditional use permit, and to execute a separate agreement to this effect.
b. 
Maintain insurance in the amounts and of the types that are acceptable to the city pursuant to guidelines and policies set forth by the local licensing authority and name the city as an additionally insured on all city-required insurance policies.
3. 
All windows on the premises of the cannabis business shall be appropriately secured and cannabis securely stored.
4. 
All cannabis businesses shall comply with the city's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed.
5. 
All cannabis businesses and all equipment used in the conduct of the business, must be operated in compliance with all applicable state and local laws and regulations, including all building, electrical, and fire codes, and in compliance with the businesses' state and local licenses.
B. 
Manufacturing Sites. Every conditional use permit for a manufacturing site shall include the following conditions of approval:
1. 
All manufacturing of cannabis products shall occur in an enclosed locked structure.
2. 
Manufacturing activities shall only occur in the areas depicted on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.
3. 
If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in CFC Section 202, are to be used in the processing of cannabis, then the provisions of CFC Section 407 shall be applicable where hazardous materials subject to permits under CFC Section 50 (Hazardous Materials) are located on the premises or where required by the fire department official.
4. 
Storage, use and handling of compressed gases in compressed gas containers, cylinders, tanks and systems shall comply with CFC Chapter 53, including those gases regulated elsewhere in the Cathedral City Municipal Code. Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with CFC Chapter 50 for general requirements and CFC Chapter 53 addressing specific hazards, including CFC Chapter 58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric Materials). Prevention, control and mitigation of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with CFC Chapters 50 and 57.
5. 
Manufacturing sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled per the Fire Code. For manufacturing sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:
a. 
A Group F-1 fire area exceeds twelve thousand square feet.
b. 
A Group F-1 fire area is located more than three stories above grade plane.
c. 
The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds twenty-four thousand square feet.
C. 
Cultivation Sites. Every conditional use permit for a cultivation site shall include the following conditions of approval:
1. 
All cultivation of cannabis shall occur in an enclosed locked structure.
2. 
Cultivation activities shall only occur in the areas shown on the floor plan submitted by the applicant, and shall not exceed the square footage authorized pursuant to the conditional use permit.
3. 
Areas where cannabis is cultivated are wet locations, and the electrical system in such areas must comply with Title 8 of this code, Article 300.6(D) of the National Electric Code, city and California building codes, fire codes, electrical codes and all other applicable laws.
4. 
Cultivation sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled per the Fire Code. For cultivation sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:
a. 
A Group F-1 fire area exceeds twelve thousand square feet.
b. 
A Group F-1 fire area is located more than three stories above grade plane.
c. 
The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds twenty-four thousand square feet.
D. 
Distribution Sites. Every conditional use permit for a distribution site shall include the following conditions of approval.
1. 
Distribution sites shall store all cannabis and cannabis products in a locked safe room, safe, or vault and in a manner to prevent diversion, theft, and loss.
2. 
The storage of cannabis and cannabis products shall only occur in the areas shown on the floor plan submitted by the applicant, and shall not exceed the square footage authorized pursuant to the conditional use permit.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022; Ord. 892, 10/22/2025)
To the fullest extent permitted by law, the city shall not assume any liability whatsoever, with respect to approving any conditional use permit pursuant to this chapter or the operation of any cannabis business approved for such permit pursuant to this chapter.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
A. 
Recordings made by security cameras at any cannabis business shall be made immediately available to the city planner upon verbal request for the purposes of determining compliance with this chapter and the cannabis business' conditional use permit.
B. 
The city planner shall have the right to enter all cannabis businesses from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and the cannabis business's conditional use permit. Such inspections shall be limited to observing the premises for purposes of determining whether the cannabis business is being operated or maintained in compliance with this code, state law, and other applicable laws and regulations.
C. 
Applicants and permittees must cooperate with employees and investigators of the city who are conducting inspections or investigations relevant to the enforcement of this chapter. No applicant or permittee shall by any means interfere with, obstruct or impede the any city official from exercising their duties under the provisions of this chapter and all rules promulgated pursuant to it.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
The operation of a cannabis business in violation of any conditions of approval or the provisions of this chapter or Chapter 9.72 is a violation of this code, and a public nuisance. The city may seek to remedy such violations by any means provided for in law or equity, including but not limited to the enforcement mechanisms and remedies provided for in Title 13 of this code, or take action to revoke the conditional use permit pursuant to Section 9.72.130.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)