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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 The emergency regulations are no longer in effect, now that the new regulations have been approved by OAL; and WHEREAS, on January 16, 2019, the Office of Administrative Law (OAL) approved the California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