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HomeMy WebLinkAboutR-11214 waive the Operator Permit Renewal Fees for Fiscal Year 2020 – 2021 for Commercial Cannabis Business Papa Bear Farms, LLCR 11214 RESOLUTION NO. 11214 (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, WAIVE THE OPERATOR PERMIT RENEWAL FEES FOR FISCAL YEAR 2020 – 2021 FOR COMMERCIAL CANNABIS BUSINESS PAPA BEAR FARMS, LLC WHEREAS, the City of San Luis Obispo’ s (City) General Plan and Airport Area Specific Plan call for annexation of the area referred to as the Fiero Lane and Clarion Court Annexation Area; and WHEREAS, City Council approved the Fiero Lane and Clarion Court area annexation on November 19, 2019; and WHEREAS, within the proposed annexation area a Commercial Cannabis Delivery and Small-Scale Manufacturing Business, Papa Bear Farms, LLC licensed by the State of California’s Bureau of Cannabis Control (BCC) and County of San Luis Obispo (County) is coming under City jurisdiction; and WHEREAS, a licensed Cannabis Business by the BCC and County is eligible to continue its business operations in the City of San Luis Obispo once the annexation occurs; and WHEREAS, the current cannabis regulations within Chapter 9.10, 5.10 and 17.86.080 do not provide explicit direction for cannabis business annexations; and WHEREAS, Papa Bear Farms, LLC will be required to have a valid City operating permit and pay applicable fees; and WHEREAS, Papa Bear Farms, LLC has expressed significant concerns regarding the impact of the City’s operator permit renewal fee on its ability to continue existing operations within City jurisdiction; and WHEREAS, the City acknowledges the existing business structure was based on County operating permit fees; and WHEREAS, Papa Bear Farms, LLC supports City Council’s consideration of waived operator permit renewal fees for Fiscal Year 2020 – 2021; and WHEREAS, the City Council has the authority to waive the operator permit renewal fees for Papa Bear Farms, LLC through June 30, 2021; and WHEREAS, on January 19, 2021 the City Council held a public hearing to review and discuss a proposal to waive Papa Bear Farms, LLC operator permit renewal fees through June 30, 2021, receive public input and consider the recommendations of its staff. Resolution No. 11214 (2021 Series) Page 2 R 11214 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 waiving of cannabis operator permit renewal fees is consistent with the City’s Municipal Code and cannabis regulations. 3. Support and retention of existing businesses during and following the COVID-19 pandemic emergency is in the public interest of the residents of the City and the City organization. 4. A one-time waiver of fees to advance the retention of an established locally owned and operated business and its continuing operations and tax contributions in City jurisdiction following annexation is in the long-term financial interest of the City and advances the economic development interests of the community as a whole. Resolution No. 11214 (2021 Series) Page 3 R 11214 SECTION 2. Action. The City Council takes the following actions: 1. The City waives the operator permit renewal fees for Papa Bear Farms, LLC through June 30, 2021. 2. The City will issue Papa Bear Farms, LLC a City of San Luis Obispo Operator Permit for the 2020 – 2021 Fiscal Year ending on June 30, 2021 and the business may continue to operate in the City with a renewal of the operating permit and payment of applicable fees required by July 1, 2021. 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