HomeMy WebLinkAboutResolution - 3680 STATE OF CALIFORNIA ) RESOLUTION NO. 3680
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO TO ADJUST THE MAXIMUM NUMBER OF SITES
PERMITTED TO ENGAGE IN COMMERCIAL MARIJUANA
CULTIVATION
WHEREAS, the City Council of the City of San Jacinto requires commercial
marijuana cultivators within the City to first obtain a Commercial Marijuana Cultivation
regulatory permit in accordance with San Jacinto Municipal Code chapter 9.286; and
WHEREAS, pursuant to San Jacinto Municipal Code section 9.2813.040,
subdivision B, the City Council may, by resolution, limit the total number of regulatory
permits, the total sites receiving permits, or the total city-wide acreage subject to
permits; and
WHEREAS, the City Council requires commercial marijuana cultivation sites
within the City to obtain a land use permit for the use pursuant to San Jacinto
Development Code chapter 17.435; and
WHEREAS, pursuant to San Jacinto Development Code section 17.435.040,
subdivision AA., the maximum number of outdoor commercial marijuana cultivation
sites shall be three (3), up to one acre cultivation area each, and the City Council may
adjust the maximum number of sites by resolution; and
WHEREAS, pursuant to San Jacinto Development Code section 17.435.040,
subdivision 8.5., the maximum number of indoor commercial marijuana cultivation sites
shall be three (3), and the City Council may adjust the maximum number of sites by
resolution; and
WHEREAS, the City Council desires to establish the maximum number of
commercial marijuana regulatory permits and adjust the maximum number of
commercial marijuana land use permits.
NOW THEREFORE, be it resolved by the City Council of the City of San Jacinto
as follows:
1. Outdoor Cultivation Sites. The total number of commercial marijuana
regulatory and land use permits for outdoor commercial marijuana cultivation
operators and sites, respectively, shall be 8. Each permitted outdoor
commercial marijuana cultivation site may contain up to 1 acres of cultivation
area.
2. Indoor Cultivation Sites. The total number of commercial marijuana regulatory
and land use permits for indoor commercial marijuana cultivation operators
and sites, respectively shall be 8.
3. Severability and Construction. If any portion of this resolution is determined to
be unlawful or unenforceable, then all remaining portions shall remain valid
and intact. Except as expressly set forth in this resolution, there shall be no
adjustments to Municipal Code or Development Code. Nothing herein shall
authorize any activity that is not in conformance with State law.
4. CEQA. This resolution is not a project within the meaning of Section 15378 of
the State of California Environmental Quality Act ("CEQA") Guidelines,
because it has no potential for resulting in physical change in the
environment, directly or indirectly. The City Council further finds, under Title
14 of the California Code of Regulations, Section 15061(b)(3), that this
resolution is nonetheless exempt from the requirements of CEQA in that the
activity is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment, the activity is
not subject to CEQA.
PASSED, APPROVED and ADOPTED this 19'h day of September, 2017 by the
following vote:
AYES: Ledezma, Kotyuk, Ruiz, Utz
NAYS: None
ABSENT: None
ABSTAIN: Miller
CITY O S 70,
Scott Miter, a or
ATTEST:
Wotdn, City CTerk
APPROVED AS TO FORM:
BEST,BEST&KRIEG R
Michael J. Maurer, City Attorney
CERTIFICATION
State of California )
County of Riverside) ss
City of San Jacinto)
I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do
hereby certify that the foregoing Resolution No. 3680 was duly adopted at a regular
meeting of the City Council of the City of San Jacinto on the 19th day of September
2017.
Witness my hand and seal the 19th day of September 2017.
a on, ity Clerk
Sari Jacinto