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HomeMy WebLinkAbout2018-021 - Adult-Use Cannabis Retail Registration Safety Permit FeeLS 3.20.18 RESOLUTION NO. 2018-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MODIFYING THE ADULT -USE CANNABIS RETAIL REGISTRATION APPLICATION FEE AND REGULATORY SAFETY PERMIT FEE TO APPLY TO ANY COMMERCIAL CANNABIS BUSINESS IN ACCORDANCE WITH CHAPTERS 18 AND 40 OF THE SANTA ANA MUNICIPAL CODE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana ("City") currently requires that all medical marijuana collectives/cooperatives permitted in Chapter 18 (Measure BB) and all adult -use commercial cannabis retail businesses permitted in Chapter 40 submit a Registration Application and a Regulatory Safety Permit (RSP), the latter of which is renewed annually. Currently, the fees may only be collected for applicants seeking to apply for or renew those permits associated for medical marijuana collectives/cooperatives and adult -use commercial cannabis retail businesses. B. On October 17, 2017, the City Council of the City of Santa Ana placed on first reading and approved Ordinance No. NS -2929 adding Chapter 40 to the Santa Ana Municipal Code to allow and regulate adult -use cannabis retail businesses. C. On March 20, 2018, the City Council of the City of Santa Ana placed on first reading and approved Ordinance No. NS -2942 amending Chapter 18 and Chapter 40 of the Santa Ana Municipal Code to allow and regulate commercial cannabis testing facilities and laboratories. C. Section 40-9 of the Santa Ana Municipal Code authorizes a registration application fee and regulatory safety permit fee related to the processing of applications to open and operate an adult -use cannabis retail business. D. Based on analysis and evaluation of staff time, equipment, and materials, these fees are recommended as set forth below. E. These fees shall become effective concurrently with the effective date of Ordinance No. NS -2942 and shall be incorporated into the City's Uniform Schedule of Miscellaneous Fees for Fiscal Year 2017-18, as updated annually. Resolution No. 2018-021 Page 1 of 3 Section 2. The City Council hereby modifies the "Adult -Use Cannabis Retail Registration Application Fee". This fee will now apply to all commercial cannabis businesses permitted pursuant to Chapters 18 and 40 of the Santa Ana Municipal Code to include City staff costs associated with reviewing the required Phase 1 application pursuant to Chapters 18 and 40 and be referenced to as the "Commercial Cannabis Registration Application Fee". City staff costs are $1,690.00 per application. The City Council hereby also modifies the "Adult -Use Cannabis Retail Regulatory Safety Permit (RSP) Fee" which will now be referenced to as the "Commercial Cannabis Regulatory Safety Permit (RSP) Fee". This fee will apply to all commercial cannabis businesses permitted pursuant to Chapters 18 and 40 of the Santa Ana Municipal Code to include City staff costs associated with reviewing the required Phase 2 (RSP) application pursuant to Chapters 18 and 40. City staff costs are $12,086.00 per application. The dollar amounts attributed with these fees has not changed; merely the listing name of the fee has changed so that it will include any allowed commercial cannabis business. Section 3. Without further action of the City Council, the above -referenced fees re -named and affirmed by this Resolution shall be incorporated into the City's Uniform Schedule of Miscellaneous Fees for Fiscal Year 2017-18 and updated annually. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 20th day of March, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By a G Lisa Storck Assistant City Attorney Resolution No. 2018-021 Page 2 of 3 LS 3.20.18 AYES: Councilmembers Benavides, Martinez, Solorio, Tinaiero, Villegas (5) NOES: Councilmembers None (0) ABSTAIN: Councilmembers Sarmiento (1) NOT PRESENT: Councilmembers Pulido (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2018 -021 to be the original resolution adopted by the City Council of the City of Santa Ana on March 20, 2018. Date: dal/ ' L4V f 1„ Maria D, Huizar C/ Clerk of the Council City of Santa Ana Resolution No. 2018-021 Page 3 of 3