HomeMy WebLinkAboutResolution - 3676 STATE OF CALIFORNIA ) RESOLUTION NO. 3676
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
AN URGENCY RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JACINTO, CALIFORNIA, EXTENDING AN
EXISTING TEMPORARY FEE FOR COMMERCIAL
MARIJUANA CULTIVATION PERMITS AND THE ANNUAL
RENEWAL FEE OF COMMERCIAL MARIJUANA
CULTIVATION PERMITS
WHEREAS, the City of San Jacinto (City) was incorporated on April 1,
1888, as a general law city and encompasses an area of approximately 26
square miles with a population of approximately 48,000; and
WHEREAS, as a general law city, the City has broad police powers and
desires to properly regulate all commercial marijuana cultivation activities in the
City to protect the health, safety, and welfare of its citizens and to reduce the
potential for negative secondary effects of establishing commercial cultivation in
San Jacinto; and
WHEREAS, the City passed Ordinance No. 16-10 on February 7, 2017
establishing Chapter 9.28E of the San Jacinto Municipal Code creating the
permit requirements for commercial marijuana cultivation; and
WHEREAS, Section 9.2813.030 of the San Jacinto Municipal Code
authorizes the City Council to establish an application fee; and
WHEREAS, the City passed Ordinance No. 17-02 on June 6, 2017
amending Title 17 of the San Jacinto Municipal Code to regulate the
establishment of commercial marijuana cultivation in the light industrial zone,
create development standards for commercial marijuana cultivation and amend
the loss of non-conforming status section regarding commercial marijuana
cultivation as an agricultural use ; and
WHEREAS, Ordinance No. 17-02 establishes an administrative review
process for issuance commercial marijuana cultivation use permits; and
WHEREAS, the administrative procedures related to the review of
commercial marijuana cultivation regulatory and use permit applications include,
but are not limited to, review by Planning staff, Code Enforcement staff, Building
and Safety staff, the City Attorney, the Police Department, the Fire Department,
the City Manager and special consultants that may be required to perform
verification of applicant information; and
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WHEREAS, Ordinance No. 17-02 became effective on July 7, 2017, and
City staff will incur costs in reviewing and processing applications for commercial
marijuana cultivation regulatory and use permits; and
WHEREAS, on June 20, 2017, the City Council adopted Resolution No.
3666 as an urgency resolution establishing temporary application fees and on
July 18, 2017 adopted Resolution No. 3672 which established the same fees
contained within Resolution No. 3666 as permanent fees and extended the
temporary application fees contained within Resolution No. 3666 by 30 days; and
WHEREAS, pursuant to California Government Code Section 66017, the
temporary fees adopted by Resolution No. 3666 may be extended an additional
30 days; and
WHEREAS, adopting an application fee is necessary to protect the public
health, safety and welfare because upon the effective date of Ordinance 17-02,
commercial marijuana cultivation businesses may submit applications,
commercial marijuana cultivation businesses will provide significant tax revenue
to the City upon commencement of operations, industrial and agricultural sites
that are currently underutilized may be put into productive use upon
commencement of commercial marijuana cultivation operations, resulting in
increased property values and potentially removing blight and nuisance
conditions, and the fee is necessary to recoup administrative costs incurred by
the City in review of applications.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of San Jacinto does hereby find and determine as follows:
Section 1. The City Council hereby finds that the above-stated recitals
are true and correct.
Section 2. The City Council hereby incorporates by reference
Resolution No. 3666 and the fees contained therein.
Section 3. If any term, condition, or provision of this Resolution shall, to
any extent, be held to be invalid or unenforceable, the remainder hereof shall be
valid in all other respects and continue to be effective.
Section 4. The City Council hereby extends the interim authorizations
contained in Resolution 3666 for an additional 30 days pursuant to Government
Code section 66017.
Section S. The City Clerk shall attest and certify to the passage and
adoption of this Resolution and it shall become effective immediately upon its
approval.
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PASSED, APPROVED and ADOPTED, at a regular meeting of the City
Council on the 151h day of August, 2017 by the following vote
AYES: Kotyuk, Ledezma, Ruiz, Utz
NAYS: None
ABSENT: Miller
ABSTAIN: None
City ac'nto
4
Scott Miller, Mayor
ATTE
A g I alton, Ci y Clerk
APPROVED AS TO FORM:
BEST BEST & KfHEGER LLP
/Y dr
Micha I J. Ma rer, City Attorney
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CERTIFICATION
I, Angela Walton, City Clerk of the City of San Jacinto do hereby certify
that the foregoing Resolution No. 3676 was duly passed, and adopted at a
regular meeting of the City Council of the City of San Jacinto held on the 15'h
day of August, 2017, by the following vote:
AYES: Kotyuk, Ledezma, Ruiz, Utz
NAYS: None
ABSENT: Miller
ABSTAIN: None
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND THE
Official Seal of the City of San Jacinto this 151' day of August, 2017.
4ni tan, City Clerk
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