HomeMy WebLinkAboutResolution - 3805WHEREAS, on November 8, 2016, California voters moved to approve Proposition
64, the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA"); and
WHEREAS, the AUMA regulates, among other items, the use of cannabis for
personal and commercial purposes, including the recreational use of cannabis by adults
over 21 years of age; and
WHEREAS, to regulate commercial use of cannabis, the AUMA added Division 10
(Cannabis) to the Business & Professions Code, which grants state agencies the exclusive
authority to "adopt and enforce local ordinances to regulate businesses licensed under
[Division 10], including, but not limited to, local zoning and land use requirements, business
license requirements, and requirements related to reducing exposure to secondhand
smoke, or to completely prohibit the establishment or operation of one or more types of
businesses licensed under [Division 10] within the local jurisdiction"; and
WHEREAS, the previous emergency regulations were adopted by the California
Department of Food and Agriculture in December 2017 and readopted in June 2018,
and were originally issued through the emergency rulemaking process to meet the
legislative mandate to open California's regulated cannabis market on January 1, 2018.
The emergency regulations are no longer in effect, now that the new regulations have
been approved by OAL; and
WHEREAS, on January 16, 2019, the Office of Administrative Law (OAL)
approved the California Department of Food and Agriculture's cannabis cultivation
regulations and the regulations went into effect immediately; and
WHEREAS, on the April 2, 2019, the City Council of the City of San Jacinto
conducted a duly noticed public hearing on P19-005 — a Comprehensive update to the
City's regulatory framework for cannabis businesses and related uses, and
WHERAS, on April 2, 2019, the City Council introduced Ordinance 19-11 which
would amend Chapter 9.28 of the San Jacinto Municipal Code including requiring that
Dispensaries and Microbusinesses receive a passing grade (70% or greater) on a merit
based rating system established by resolution of the City Council; and
WHEREAS, on June 18, 2019, the City Council passed and adopted Ordinance 19-
11 which would amend Chapter 9.28 of the San Jacinto Municipal Code including requiring
that Dispensaries and Microbusinesses receive a passing grade (70% or greater) on a merit
based rating system established by resolution of the City Council; and
WHEREAS, on January 21, 2020, the City Council approved a contract with
Hinderliter, de Llamas and Associates (HdL) for consulting services to establish the
Evaluation Criteria based on the General Categories approved by the City Council on
June 18, 2019.
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW THEREFORE, BE IT RESOLVED, determined, and ordered by the City
Council of the City of San Jacinto, California as follows:
SECTION 1. Pursuant to the authority set forth in Section 9.28.040 of the San
Jacinto Municipal Code, the City Council hereby establishes the Evaluation Criteria as
outlined in Exhibit "A".
SECTION 2 . The Evaluation Criteria outlined in Exhibit "A" shall apply to any
Cannabis Oriented Business engaged in retail sales of cannabis.
SECTION 3. The applicant of any Cannabis Oriented Business Regulatory
Permit shall pay the appropriate deposit to cover the HdL and staff review of the
Evaluation Criteria.
SECTION 4. Nothing in this Resolution authorizes any cannabis activity or use in
any zone of the City. This ordinance solely establishes the tax rate for various cannabis
uses which may be permitted or prohibited through other action of the San Jacinto City
Council. This Resolution shall not be read to permit any personal, medical, or
commercial cannabis activity in any zone absent other action by the City Council.
SECTION 5. If any section, subsection, sentence, clause, phrase or word of this
Resolution is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Resolution. The City Council hereby declares that it would
have adopted this Resolution, and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion or the Resolution would be subsequently declared invalid or unconstitutional.
SECTION 6. Custodian of Records. The documents and materials that
constitute the record of proceedings on which these findings are based are located at
the City Clerk's office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583.
The custodian for these records is the City Clerk.
SECTION 7. Severability. If any provision of this Resolution or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this Resolution which can be given effect without the
invalid provision or application, and to this end the provisions of this Resolution are
severable. The City Council hereby declares that it would have adopted this Resolution
irrespective of the invalidity of any particular portion thereof.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council
on the 2nd day of June, 2020 by the following vote:
ABSENT:AYES: Ruiz, Lopez, Ledezma
NAYS: None
ABSTAIN:
Andrew Kotyuk, Mayor
AU'-� C� C -
JUII inoza, Records Clerk
BEST BESTJ& KRIEGER LLP
Michael T Maurer, City Attorney
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
1, Julia Espinoza, duly appointed Records Clerk of the City of San Jacinto, do
hereby certify that the foregoing Resolution No. 3805 was duly passed, approved and
adopted at a regular meeting of the City Council of the City of San Jacinto on the 2nd
day of June, 2020, by the following vote:
Lopez,AYES: Ruiz, Ledezrna
None
ABSENT:
Kotyuk, Utz
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL the 2nd day of June 2020.
AA -kin �'-
J lia spinoza, Records Clerk
Ci f San Jacinto