HomeMy WebLinkAbout2018-1031
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RESOLUTION NO. 2018-103
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING COMMERCIAL CANNABIS
APPLICATION REVIEW AND APPEAL FEES PURSUANT TO SAN BERNARDINO
MUNICIPAL CODE SECTIONS 5.10.090 AND 5.10.160.
WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance MC -
1464, thereby adopting Chapter 5.10 (Commercial Cannabis Activities); and
WHEREAS, a Notice of Public Hearing to adopt fees was published as a display
advertisement in The Sun, a newspaper of general circulation within the City of San
Bernardino, on March 23, 2018 and March 30, 2018, as required under Government Code
Section 66016; and
WHEREAS, City staff and HdL analyzed the process and procedures necessary for
the review of Commercial Cannabis Applications and Appeals of Applications to determine
an average cost to complete the work; and
WHEREAS, the Mayor and City Council desire to establish the fees contained in this
Resolution, which are based upon the best information available such that the City fully
recovers the cost of the service.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The Mayor and City Council find that the above -stated Recitals are true
and hereby adopt and incorporate them herein.
SECTION 2. The fees for providing services related to the review, evaluation and
final disposition of Commercial Cannabis Applications, pursuant to San Bernardino
Municipal Code Chapter 5.10, including any Appeal of that decision, are set forth in the
attached Exhibit A.
SECTION 3. The fees are for services provided and are therefore nonrefundable.
Furthermore, cash payment shall be accepted.
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SECTION 4. The establishment of Fees and Charges related to the provision of City
services is an exempt activity under the California Environmental Quality Act (CEQA) and
the CEQA Guidelines section 15273 (a)(1) (Rates, Tolls, Fares and Charges).
SECTION 5. The Fees and Charges established herein shall become effective 60 days
following adoption of the resolution, pursuant to Government Code Section 66017.
SECTION 6. Severability: If any section, subsection, subdivision, sentence, or
clause or phrase in this Resolution or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING COMMERCIAL CANNABIS
APPLICATION REVIEW AND APPEAL FEES PURSUANT TO SAN BERNARDINO
MUNICIPAL CODE SECTIONS 5.10.090 AND 5.10.160.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
4th day of April 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ_
BARRIOS k
VALDIVIA
SHORETT
NICKEL k
RICHARD
MULVIHILL
ABSTAIN ABSENT
Georgeann 11 nna, CMC, City Clerk
The foregoing Resolution is hereby approved this 4th day of April 2018.
R. Carey D is, Mayor
City of Sar Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
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EXHIBIT A
COMMERCIAL CANNABIS APPLICATION REVIEW AND APPEAL FEES
PURSUANT TO SBMC CHAPTER 5.10
Service Provided:
1. Zoning Verification Letter
2. Live Scan
3. Background Review
4. Commercial Cannabis Application Review
a. Phase 1
b. Phase 2
c. Phase 3
d. Phase 4
5. Appeal Fee
Required Fee:
$183.00
$132.00/Owner (SBMC 5.10.050)
$300.00/Owner (SBMC 5.10.050)
$2,647.00
$2,034.00
$1,708.00
$1,237.00
$3,217.00
All fees are non-refundable and are due and payable at the time the application or similar
request is submitted to the City.
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