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HomeMy WebLinkAbout2020-18 - Establishing and Adopting Fees to process applications for Marijuana Business Permit ModificationsRESOLUTION NO.2020-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AND ADOPTING FEES TO PROCESS APPLICATIONS FOR MARIJUANA BUSINESS PERMIT MODIFICATIONS THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the City Council of the City of Costa Mesa has heretofore established various schedules of rates, fees, and charges for services provided by the City including, but not limited to, processing ministerial and discretionary permits and encroachment permits; and WHEREAS, pursuant to the provisions of the California Constitution and the laws of the State of California, the City of Costa Mesa is authorized to adopt and implement rates, fees, and charges for municipal services; provided, however, that such rates, fees, and/or charges do not exceed the estimated reasonable cost of providing such services; and WHEREAS, California Government Code Section 66016 requires notice to be given and data made available at specified times prior to the adoption of increases in existing rates, fees, and charges, or the adoption of new rates, fees, and charges for use permits and inspections sometime hereinafter at a public meeting of this City Council; and WHEREAS, although the city is not required to comply with the noticing requirements of California Government Code Section 66018, the city has nevertheless published all notices consistent with the requirements of that section, including having published notice in accordance with California Government Code Section 6062a and having made the data available concerning rates, fees, and charges prior to conducting a hearing on the fees; and WHEREAS, this City Council has held at least one public hearing and received oral and written presentations there at with respect to the proposed fees before adopting this Resolution; and WHEREAS, this City Council desires to establish fees associated with the review of applications for marijuana business permit modifications as set forth herein; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. Findings. This City Council hereby finds and determines that based upon the data, information, analysis, oral and written documentation presented to this City Council concerning the rates, fees, and charges described in Exhibit "A" attached hereto and by this reference incorporated herein, the rates, fees, and charges set forth in said Exhibit "A" do not exceed the established reasonable cost of providing the service for Resolution No. 2020-18 Page 1 of 4 which the rates, fees, or charges are levied and that the fees solely recover an objectively reasonable approximation of the city's actual and reasonable costs. Section 2. Exhibit A. The rates, fees, and charges set forth in Exhibit "A" are hereby adopted and approved as the rates, fees, and charges for the services identified for each such rate, fee, and/or charge. Section 3. Effective Date. The rates, fees, and charges set forth in Exhibit "A" shall be effective and shall be implemented commencing June 20, 2020, which is at least 60 days after Council adoption. Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED this 21st day of April 2020. ATTEST: 6 Ja . Brenda Green, City Clerk APPR VED AS TO FORM: , , &,.,- Kimberly Hall Barlow, City Attorney Resolution No. 2020-18 Page 2 of 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, Brenda Green, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2020-18 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 21 st day of April, 2020, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: CHAVEZ, GENIS, MANSOOR, MARR, REYNOLDS, STEPHENS, AND FOLEY NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 22"d day of April, 2020. "&WCk, 4 UAAJ Brenda Green, &y Clerk Resolution No. 2020-18 Page 3 of 4 EXHIBIT A FEES TO PROCESS APPLICATIONS FOR MODIFICATIONS TO MARIJUANA BUSINESS PERMITS Adopted by the Costa Mesa City Council April 21, 2020 Major Modification to Marijuana Business Permit 1$2,516.00 Minor Modification to Marijuana Business Permit 1$996.00 Resolution No. 2020-18 Page 4 of 4