HomeMy WebLinkAbout24467 RESOLUTION NO. 24467
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ESTABLISHING FEES FOR CANNABIS
RELATED BUSINESS AND ACTIVITIES, PERMIT AND
REGULATORY FEES.
WHEREAS, the City, under various statutory provisions under California
Government Code, may set and collect fees for the costs of providing various public
services to the community; and
WHEREAS, notice of a June 20, 2018 public hearing regarding all matters related
to this resolution was mailed, published, posted and distributed in accordance with the
provisions of the California Government Code; and
WHEREAS, on July 26, 2017, the City Council of the City of Palm Springs
approved and adopted Ordinance 1933, codified in Palm Springs Municipal Code (PSMC)
5.45 and 5.55; and
WHEREAS, pursuant to PSMC Sections 5.45.120 and 5.55.120, the City Council,
by resolution, may establish various fees and charges related to the cannabis permit
application process, and ongoing administrative and regulatory services arising from and
related to commercial cannabis businesses and activities in the City; and
WHEREAS, the City Council finds that revenues since the effective date of
Ordinance 1933, and continuing through and including the effective date of this
Resolution, fees for cannabis-related services subject to the Mitigation Fee Act and
proposed for adoption by this Resolution, did not exceed the actual cost of providing the
services for which the fees were collected; and
WHEREAS, the City Council furtherfinds that City revenues from the effective date
of this Resolution through the end of fiscal year 2018-19 from fees for cannabis-related
services subject to the Mitigation Fee Act, and reflected in the fee schedule adopted
pursuant to this Resolution, will not exceed the estimated amount of funds required to
provide the services for which they will be charged; and
WHEREAS, on June 20, 2018 and continuing on July 11 , 2018, at a duly noticed
public meeting, the City Council considered establishment of various fees arising from
and relating to commercial cannabis businesses and activities; and
WHEREAS, the City Council has considered any verbal and/or written testimony,
and has reviewed and considered the information in the fee study and supporting data
presented in support of this Resolution, together with information provided at the public
hearing by staff and the public; and
Resolution No. 24467
Page 2
WHEREAS, the City Council finds that the fees established by this Resolution are
based upon the reasonable cost or providing the administrative and regulatory services
that necessarily arise from and relate to commercial cannabis businesses and activities
in the City; and.
WHEREAS, the City Council now approves the adoption of the fees reflected in
the schedule attached hereto as Exhibit "A."
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY
RESOLVES, DETERMINES AND APPROVES AF FOLLOWS:
SECTION 1. The true and correct recitals above are incorporated by this reference
herein as the basis and foundation for the City's adoption of this Resolution.
SECTION 2. Commencing on the effective date of this Resolution, and continuing
through fiscal year 2018-19, the fees and charges reflected in the schedule attached
hereto, and incorporated by this reference herein as Exhibit "A," are adopted.
SECTION 3. The fees and charges reflected in Exhibit "A," all of which are new,
and some of which are subject to the Mitigation Fee Act, codified at California Government
Code Section 66000 et seq., shall be effective not earlier than sixty (60) days after the
adoption of this Resolution, to wit, Monday, September 10, 2018.
SECTION 4. Pursuant to the terms under which they applied for their respective
permits, all applicants for permits to engage in cannabis business and activities in the City
prior to the effective date of this Resolution will have the duty to pay the City's cannabis
businesses and activities permit application fee as now adopted. All cannabis permittees
and applicants who currently have applications being processed by the City will make
payment of the first half (1/2) of the application fee at or before the close of business on
Monday, September 10, 2018, and the second half (1/2) of the application fee at or before
the close of business on Thursday, October 11 , 2018. Future applicants will pay the entire
application fee at the time when they file their applications with the City.
SECTION 5. The Director of Finance is hereby authorized and directed to
incorporate the fees and charges documented in Exhibit "A" into the City's
Comprehensive Fee Schedule..
SECTION 6. The City Council declares that the City will adhere to its policy for
consideration of adjustment to the fees and charges now adopted that are subject to the
Mitigation Fee Act as stated in Resolution number 24408, adopted May 2, 2018.
SECTION T The City Clerk of the City of Palm Springs shall certify to the passage
and adoption of this Resolution and its approval by the City Council and shall cause the
same to be listed in the records of the City.
Resolution No. 24467
Page 3
SECTION 8. This Resolution shall be effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL
THIS 111h DAY OF JULY, 2018.
David H. Ready, E
City Manager
ATTEST:
AZ'A�L- , -
o n y J. M pia, M
ity Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24467 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 11th day of July, 2018, by
the following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this --2(,r4— day of 7 OoK
thony J. M " ,
City Clerk
Resolution No. 24467
Page 4
EXHIBIT "A"
The following fees are established for and applicable to City services arising from
and related to commercial cannabis businesses and activities, as described in Chapters
5.45 and 5.55 of the Palm Springs Municipal Code:
• Cannabis Application Fee: $49000
• Use Specific Cannabis-Related Fire Inspection Fees:
Task Cost
Application Reviews $234
Dispensary Inspections $181
Cultivation Inspections $457
Manufacturing Inspections $545
Dispensary w/ Cultivation Inspections $638
Cultivation w/ Manufacturing Inspections $1,002
Dispensary w/ Cultivation & Manufacturing $1,183
Inspections
Fire Code Research Fees (if required) $234
Compressed Gases (CO') [cultivation; $474
manufacturing]
Hazardous Materials [manufacturing] $474
High Piled Storage $474
Industrial Ovens [manufacturing] $474
Gas Detection Systems [manufacturing; $474
cultivation]
Plant Extraction Systems [manufacturing] $474
• Use Specific Cannabis Related Engineering/Public Works
Inspection Fee
Task Cost
Public Works Inspection (1 hour) 1 $93
Applies to cannabis projects involving work that proves necessary in right-of-way, or in a
ground-up build.
Resolution No. 24467
Page 5
• Use Specific Cannabis Related Police Inspection Fees
Task Cost
Dispensary Inspection $153
Cultivation/Manufacturing Inspection $153
Cannabis Related Live Scan Review $35/employee
(for non-owners/operators)
• Cannabis Appeal Fee: $39500
• Cannabis Permit Re-Issuance/Replacement Fee: $100