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HomeMy WebLinkAboutR-11213 amending the Master Fee Schedule with updated User and Regulatory Fees for various commercial cannabis business activitiesR 11213 RESOLUTION NO. 11213 (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING THE CITY’S MASTER FEE SCHEDULE WITH UPDATED USER AND REGULATORY FEES FOR VARIOUS COMMERCIAL CANNABIS BUSINESS ACTIVITIES WHEREAS, it is the City’s policy (User Fee Recovery Goals - Financial Plan Section H) to assess service charges based on specific policies for cost recovery of services provided; and WHEREAS, on May 15, 2018, the City Council adopted Ordinance No. 1647 (2018 Series) establishing a comprehensive regulatory program for the evaluation and permitting of commercial cannabis business operations within the City; and WHEREAS, on November 27, 2018, the City Council adopted Resolution 10965 (2018 Series) which updated the City’s Master Fee Schedule to include the one-time application fees and yearly license renewal fees; and WHEREAS, on December 2, 2019, the City Council adopted Resolution 11066 (2019 Series) which updated the City’s Master Fee Schedule that updated the one-time cannabis application fee for all types of cannabis businesses permitted within the City; and WHEREAS, Section 9.10.050 of the Municipal Code says that the City Council shall adopt fees necessary to implement the regulations in relation to Commercial Cannabis Operator Permits; and WHEREAS, the City has contracted with a consultant, HdL, to prepare a fee study for the purpose of identifying appropriate fees to assess for various activities associated with implementing and overseeing the City’s cannabis regulations for each business in the City of San Luis Obispo; and WHEREAS, the City has completed one full year of operations to collect information on actual time spent compared to the initial cannabis yearly license renewal fees City Council adopted through Resolution 10965 (2018 Series), upon which staff has concluded it necessary to adjust the yearly license renewal fees for all types of cannabis businesses permitted within the City; and WHEREAS, public outreach was conducted through outreach by staff members to cannabis businesses impacted by the newly proposed fees and through publication of the proposed fee schedule on the City’s website in advance of the City Council’s consideration of the newly proposed fees; and WHEREAS, on November 27, 2018, the City Council adopted a fee schedule; and WHEREAS, on December 3, 2019 City Council adopted an updated fee schedule; and Resolution No. 11213 (2021 Series) Page 2 R 11213 WHEREAS, on January 19, 2021 the City Council held a public hearing to review and discuss the updated proposed fee schedule, receive public input, and consider the recommendations of its staff. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council makes the following findings: 1. That the above recitals are true and correct. 2. That the proposed user and regulatory fees are consistent with the City’s cost recovery goals (Financial Plan Section H), and that the established fees do not exceed the estimated reasonable cost of providing the service or performing the activity for which the fee is imposed. Resolution No. 11213 (2021 Series) Page 3 R 11213 SECTION 2. Action. The City Council takes the following actions: 1. The City’ s Master Fee Schedule is hereby amended to include updated user and regulatory fees for cannabis business operator applications and annual operator permit licenses as provided in Exhibit A attached hereto. 2. The City will reimburse operators through the Finance Department who have already paid their 2020-2021 yearly license renewal fees the difference of what the operators paid based on the City’s 2020-2021 Master Fees and the newly proposed fees in Exhibit A attached hereto. 3. This resolution supersedes Resolution 11066 (2019 Series) to the extent inconsistent herewith. Upon motion of Council Member Christianson, seconded by Council Member Pease, and on the following roll call vote: AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 19th day of January 2021. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ___________________________. ____________________________________ Teresa Purrington, City Clerk Resolution No. 11213 (2021 Series) Page 4 R 11213 EXHIBIT A CITY OF SAN LUIS OBISPO Cannabis Fee Schedule One Time Application Fees All Commercial Cannabis Business Applicants: Initial Application Fee $5,087.79 Final Application Fee when permit issues $18,797.63 Total One Time Application Fees $23,885.55 Yearly License Renewal Fees All types of Cannabis Businesses permitted within the City $39,638.38