RESOLUTION R2023-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, authorizing AND APPROVING THE APPLICATION AND SELECTION PROCESS FOR CANNABIS RETAIL BUSINESS PROGRAM PERMITS; FEE SCHEDULE; APPELLATE FEE UNDER THE MANTECA MUNICIPAL CODE CHAPTER 5.64 PER MANTECA MUNICIPAL CODE SECTIONS 5.64.230(B) AND 5.64.250(B)(6); THE USE OF A HEARING OFFICER FOR APPEALS UNDER MANTECA MUNICIPAL CODE CHAPTER 5.64 PER MANTECA MUNICIPAL CODE SECTION 5.64.260(A)(1); AND DETERMINING THAT THE ADOPTION OF THE FEE SCHEDULE IS EXEMPT FROM REVIEW UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061 WHEREAS, on June 27, 2017, the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) was signed into law, which provides a comprehensive regulatory framework for licensing, control, and taxation of medical and adult-use cannabis-related businesses in California; and WHEREAS, on December 21, 2021, the City Council adopted Ordinance No. 2021-16 and added Chapter 5.64 of the Manteca Municipal Code, governing the locations of storefront cannabis retail, non-storefront cannabis retail and cannabis delivery. The City Council also approved Ordinance No. 2021-16 that regulates the operation of storefront cannabis retail, non-storefront cannabis retail and cannabis delivery in the City; and making a determination that the ordinance was exempt from review under CEQA pursuant to CEQA guidelines section 15061(b)(3); and WHEREAS, California Government Code Section 66018 requires notice to be published in accordance with California Government Code Section 6062a and data made available concerning rates, fees, and charges prior to conducting a public hearing with respect to the adoption of increases in rates, fees, and charges, or the adoption of new rates, fees, and charges for which no other procedure is provided by law; and WHEREAS, on February 18, 2023, the City of Manteca published a public hearing notice in the Manteca Bulletin, a newspaper of record with respect to the adoption of new cannabis related rates, fees and charges; and WHEREAS, pursuant to California Government Code Section 66016, the City Council has held at least one public hearing on March 7, 2023 and received oral and written presentations there at with respect to the rates, fees and charges described herein prior to the adoption of this Resolution; and
WHEREAS, pursuant to California Government Code Sections 66016 and 66018, the City Council has conducted and concluded a duly noticed public hearing on March 7, 2023, with respect to the rates, fees, and charges prior to the adoption of this Resolution; and WHEREAS, City staff supported by a qualified consultant have analyzed the cost of providing permitting and other services related to the administration of the City’s Cannabis Storefront Retail Business Permit Program; and WHEREAS, the City Council desires to establish fees associated with the review of applications for all cannabis businesses authorized by the City of Manteca as set forth herein; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and WHEREAS, the City Council has determined that the fee schedule for the administration of the City’s Cannabis Business Permit Program is reasonable in that the fees seek to recover the costs incurred by the City related to the permitting and other services for the administration of this Program; and
WHEREAS, the City Council has determined that the adoption of Application Procedure and Guidelines and Review Criteria will assist the City in effectively and transparently administer the City’s Cannabis Business Permit Program and is in the public safety, interest and welfare of the City; and WHEREAS, sections 5.64.230(B) and 5.64.250(B)(6) set out that the City Council shall determine, subject to resolution, what the appellate fee shall be under Chapter 5.64 for purposes of an appeal under that Chapter; and WHEREAS, consistent with other provisions of the Municipal Code that take into account staff time utilized to process an appeal, the City Council is electing that the City of Manteca set the appellate fee under Chapter 5.64 of the Municipal Code at two-thousand eight hundred and forty-four dollars ($2,844) per each, individual appeal; and WHEREAS, sections 5.64.220 through 5.64.260 of Chapter 5.64 set out the process and procedures to appeal a decision subject to Chapter 5.64; and WHEREAS, section 5.64.260(A)(1) sets out that the City Council shall determine, subject to resolution, what individual and/or body shall hear an appeal under Chapter 5.64; and WHEREAS, section 5.64.260(A)(1) permits for an outside hearing officer to serve as the appellate officer for purposes of an appeal under Chapter 5.64; and WHEREAS, the City Council is electing that the City of Manteca utilize an outside hearing officer to serve as the appellate officer for purposes of an appeal under Chapter 5.64, and delegating the City Attorney or his/her designee, to facilitate selecting a hearing officer for purposes of an appeal; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.
2. The Application Procedure Guidelines and Review Criteria for a Commercial Cannabis Business Permit (Storefront Retail Applications) attached hereto as Attachment 2
3. The City Manager, or designee, is authorized to make nonsubstantive corrections, clarifications, and revisions to the Application Procedure and Guidelines and Review Criteria as deemed necessary to facilitate the orderly and efficient implementation of any cannabis storefront retail business permit application and selection process initiated or conducted by the City.
4. The City Council hereby finds and determines that based upon the data, information, analysis, oral and written documentation presented to the City Council concerning the rates, fees, and charges described hereto do not exceed the established reasonable cost of providing the service for which the rates, fees, or charges are levied.
5. The rates, fees, and charges set forth below, are hereby adopted and approved as the rates, fees, and charges for the services identified for each such rate, fee, and/or charge inclusive of the City’s 3.64 percent technology fee:
Fee Description
Fee Amount
Application Fee
$10,368
Annual Regulatory Fee
$24,663
Appeal Process Fee
$2,844
Interview Fee (only if selected for an interview)
$380
Application Renewal Fee
$115
Background Investigation (Owner/Manager)
$300
Background Investigation Renewal (Owner/Manager)
$100
Background Investigation (Employee)
$100
Background Investigation Renewal (Employee)
$75
6. The City Council finds that the adoption of Application Procedure and Guidelines and Review Criteria and fees for the administration of the City of Manteca Cannabis Business Permit Program is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. The City Council previously adopted Ordinance No. 2021-16 governing the locations of storefront cannabis retail, non-storefront cannabis retail and cannabis delivery. The adoption of the Application Procedure and Guidelines and Review Criteria will allow the City to effectively and transparently administer the City’s Cannabis Business Permit Program. Therefore, the adoption of the Application Procedure and Guidelines and Review Criteria is covered by the common sense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Accordingly, the City Council finds the adoption of said fees exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
7. The City elects that the appellate fee under Chapter 5.64 of the Manteca Municipal Code, consistent with sections 5.64.230(B) and 5.64.250(B)(6), shall be two-thousand eight hundred and forty-four dollars ($2,844).
8. The City elects that an outside hearing officer shall serve as the appellate officer for purposes of an appeal under Chapter 5.64 of the Manteca Municipal Code.
9. The City delegates the authority to the City Attorney to select a hearing officer for purposes of an appeal under Chapter 5.64.
10. Consistent with Government Code section 66017, this resolution shall take effect sixty (60) days after approval by the City Council.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 7th day of March, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: _____________________________
GARY SINGH
Mayor
ATTEST: ___________________________
CASSANDRA CANDINI-TILTON
City Clerk
R2023-XX Page 3 of 5 March 7, 2023
ATTACHMENT 1