www.montereycountynow.com NOVEMBER 14-20, 2024 MONTEREY COUNTY WEEKLY 45 classifieds Legal Notices Conditional Use Permit pursuant to Section 18.102.040(a)(3). If an applicant fails to obtain a Conditional Use Permit during that time period, another qualified applicant may be selected and such applicant may be permitted six (6) months from the date of selection by the City Council as an operator to seek a Conditional Use Permit from the City Council. (5) State Licensing. Applicants who are granted an Operator Permit and Conditional Use Permit must obtain a state cannabis license prior to commencing operations. If an applicant fails to obtain a state cannabis license within six (6) months of being granted an Operator Permit, said operator permit shall expire and the City may select another quali‑ fied applicant in accordance with the method outlined per the City Council resolution and such applicant will be permitted to seek a Conditional Use Permit from the City Council. (6) Licensed owners and operators shall, within the required Operator Agreement, acknowledge and agree to enable and facilitate the Chief of Police and other fed‑ eral, state or local law enforcement entity or regulatory agency entity to inspect any premises and delivery vehicles to ensure compliance with these regulations and to fully cooperate with any official criminal investigation including access to camera footage, documents, premise areas of any building within which commercial retail cannabis is conducted. (b) Grounds for Rejection of Applications/ Revocation, Modification, or Suspension of Conditional Use Permits and Operator Permits. (1) The City Manager, or designee, has the authority and discretion to reject any appli‑ cation pursuant to this Chapter for reasons of inconsistency with the requirements of this Chapter. (2) The City Council may suspend, modify, or revoke a Conditional Use Permit or Operator Permit based on, but not limited to the follow‑ ing findings: a . Entitlements for establishment of a Commercial Retail Cannabis Business are based on false or misleading statements to the City made by an applicant, partner, or investor. b. Any owner, operator, investor, partner, or agent has been convicted of a felony, crime of moral turpitude, has been found by any State or local jurisdiction to have violated the provisions of MAUCRSA, or once formally notified by the City Manager or designee of such convictions or violations by an employee, an owner or operator maintains the ongoing permanent or temporary employment by such persons. c . Any owner, operator, investor, partner, or agent has had a cannabis‑related license or approval revoked from another jurisdic‑ tion within the previous year. d . Failure to comply with any provisions of this article, the Zoning Code, state law, or any other applicable laws or regulations. e . Unpaid fees, fines, taxes, or administra‑ tive penalties. f . Facts or circumstances exist which indicate that the operation does or would very likely constitute a threat to public health, safety and/or welfare. g . The cannabis business permittee has not been in regular and continuous oper‑ ation in six (6) months since the date the City Council approved the application or the approved extension of the deadline from the City Manager or his or her designee. h . The operation as proposed would vio‑ late any provision of state or local laws or regulations. i . The operator fails to implement and maintain a safety and security plan in conformance with applicable Department of Cannabis Control Regulations contained in Chapter 1, Article 5 as they may be amended. j . The operator willfully fails to com‑ ply with Laws and Regulations of the California Department of Justice Office of the Attorney General, Bureau of Firearms, as determined by the Chief of Police. k. The operator has engaged in unlawful, fraudulent, unfair or deceptive business acts or practices. l . The applicant’s state license for the commercial cannabis operations is suspended or revoked. The City Council may reinstate the operator permit when documentation is received showing that the state license has been reinstated or reissued. It shall be within the City Council’s sole discretion whether the City reinstates any permit after suspension or revocation of a state license. m . State law permitting the use for which the permit was issued is amended or repealed resulting in the prohibition of such use, or the City receives credible information that the Federal government will commence enforcement measures against such businesses and/or local governments that permit such uses. n . The applicant, owner, operator, partner or investor violates any agreement with the City, including City Business License, Conditional Use Permit, or Community Benefit Agreement. (c) Any cannabis business that does not have the applicable State license is prohibited within the City. (d) The City shall not issue any discretionary or ministerial permit, license, or other entitlement, which is sought pursuant to this article, including zoning clearance for a building permit, where the property upon which the use or structure is proposed is in violation of the Sand City Municipal Code, or any other local, state or federal law. (e) Operator Qualifications. All commercial cannabis operators must meet the following minimum qualifications. The City reserves the right to require additional qualifications through the application procedure. (1) Commercial cannabis business opera‑ tors must be twenty‑one (21) years of age or older. (2) Commercial cannabis business opera‑ tors shall be subject to background search by the California Department of Justice and local law enforcement. (3) No commercial cannabis business owner or operator may have a felony convic‑ tion, as specified in subdivision (c) of Section 667.5 of the Penal Code, and subdivision (c) of Section 1192.7 of the Penal Code. Operators may not have criminal convictions that substantially relate to the qualifica‑ tions, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, or embezzlement or a criminal conviction for the sale or provision of illegal controlled substances to a minor. (4) Commercial cannabis operators must meet the minimum qualifications estab‑ lished by the State for the storefront retail commercial license type. (f) Cannabis Operator Application Procedure. (1) A person may apply to operate a can‑ nabis business by filing an application with the City Manager on a form provided by the City, and in accordance with Section 18.102.060(a), Resolution of the City Council and this section (f). (2) The City Manager, or his or her desig‑ nee, may design application forms and pro‑ cedures specific to storefront retail license, type M, including online permitting, and require inspections of proposed facilities before approving a commercial cannabis use under this Article. (3) Operator applications shall be reviewed by City staff or qualified consultants, as desig‑ nated by the City Manager. Such review may include a scoring or ranking system. (4) Applications shall include a component on community benefits, the terms of which shall be set out and memorialized in a Community Benefit Agreement. Community benefits may include, but will not be limited to: in‑kind donations; sponsorship of select community events; financial support for special communi‑ ty events such as fairs, afterschool programs, youth centers, local schools (whether public or private); school athletic programs; school clubs; community centers, homeless shelters, senior centers and/or senior living facilities, and/or parks and recreation programs or facility improvements. 18.102.070 – Taxes. (a) Commercial cannabis uses shall comply with any taxes that may be enacted by the City Council or voters and any additional regula‑ tions that may be promulgated in addition to all other current applicable state and local taxes. 18.102.080 – Appeals, Costs Of Enforcement, Liability and Indemnification. (a) Any applicant aggrieved by any formal action taken by the City Manager regard‑ ing actions or determinations referenced in Section 18.102.060(b) may appeal to the City Council in writing within ten (10) days after the date of such actions. City Council actions on such appeals shall be final. (b) Appellants who file a timely written Notice of Appeal, on an appeal form created by the City Manager, will be entitled to an administra‑ tive hearing before the City Council. (c) Upon receipt by the City Clerk of a time‑ ly‑filed Notice of Appeal pertaining to suspen‑ sions, revocations, or non‑renewals the City Clerk shall forward such appeal to the City Council, who shall schedule a hearing within thirty days (30) days. In the event such hearing cannot be heard within that time period or a mutually agreed upon time with the appellant, then the City Clerk shall schedule the appeal to be heard within forty‑five (45) days. (d) The appellant(s) listed on the written Notice of Appeal shall be notified in writing of the date, time, and location of the hearing at least ten (10) days before the date of the hearing (“notice of appeal hearing”). (e) At the date, time and location set forth in the Notice of Appeal hearing, the City Council shall hear and consider the testimony of the appellant(s), City staff, and/or their witnesses, as well as any documentary evidence properly submitted for consideration. The following rules shall apply at the appeal hearing: (1) Appeal hearings are informal, and for‑ mal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded. (2) The City bears the burden of proof to establish the grounds for nonrenewal, suspension, or revocation by a preponder‑ ance of evidence. Appellant(s) or Permittee(s) bear the burden of proof regarding denial of an Applicant’s/Permittee’s application. (3) The issuance of the City Manager’s notice constitutes prima facie evidence of grounds for the denial, nonrenewal, suspen‑ sion or revocation. (4) The City Council may accept and con‑ sider late evidence not submitted initially with the Notice of Appeal upon a showing by the appellant of good cause, provided, however, all evidence must be submitted at a minimum twenty‑four (24) hours prior to the set hearing start time. The City Council shall determine whether a particular fact or set of facts amount to good cause on a case‑by‑case basis. a . The appellant may bring a language interpreter to the hearing at their sole expense. b . The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video record‑ ing. If the appellant requests from the City that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing. (5) If the appellant, or their legal represen‑ tative, fails to appear at the appeal hearing, the City Council may cancel the appeal hearing and send a notice thereof to the appellant by certified, first class mail to the address(es) stated on the Notice of Appeal. A cancellation of a hearing due to non‑ap‑ pearance of the appellant shall constitute the appellant’s waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the notice of decision is final and binding. (6) Final Decision. Following the conclu‑ sion of the administrative hearing, the City Council shall issue a written decision within twenty (20) days which (i) determines if the action appealed from is affirmed or overturned and (ii) specifies the reasons for the decision. (f) The written decision of the City Council shall provide that it is final and conclusive and is subject to the time limits and procedures set forth in California Code of Civil Procedure Sections 1094.5 and 1094.6 for judicial review. (g) A copy of the written decision shall be served by certified, first class mail on the appellant. If the appellant is not the owner of the real property in which the cannabis business is located, or proposed to be located, a copy of the final decision may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this Chapter. (h) In any enforcement action brought pursu‑ ant to this Chapter, whether by administrative or judicial proceedings, each person who causes, permits, suffers, or maintains the unlawful can‑ nabis use shall be liable for all costs incurred by the City, including, but not limited to, admin‑ istrative costs, and any and all costs incurred to undertake, or to cause or compel any responsi‑ ble person to undertake, any abatement action in compliance with the requirements of this Section. In any action by the agency having jurisdiction to abate unlawful cannabis uses under this Section, whether by administrative or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorney’s fees incurred. Recovery of attorneys’ fees under this subdivision shall be limited to those actions or proceedings in which the City elects, at the initiation of that action or pro‑ ceeding, to seek recovery of its own attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorney’s fees incurred by the City in the action or proceeding. (i) Liability and Indemnification. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this article shall not become a personal liability of any public officer or employee of the City. To the maximum extent permitted by law, the permittees under this article shall defend (with counsel acceptable to the City), indemnify and hold harmless the City of Sand City, the Sand City Council, and its respective officials, officers, employees, representatives, agents and volunteers (hereafter collective‑ ly called “City”) from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings, or judgment (including legal costs, attorneys’ fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) (collective‑ ly called “action”) against the City to attack, set aside, void or annul, any cannabis‑related approvals and actions and strictly comply with the conditions under which such permit is granted, if any. The City may elect, in its sole discretion, to participate in the defense of said action and the permittee shall reimburse the City for its reasonable legal costs and attorneys’ fees. Permittees shall be required to agree to the above obligations in writing. SECTION 2: Title 18, Chapter 18.82, Section 18.82.030 Penalties, is hereby amended to add the following sections: (a) Violations. (1) Any violation of a term, condition, or the approved plans and specifications of any permit issued pursuant to this Title shall constitute a violation. (2) Each and every day during any portion of which any violation is committed, con‑ tinued, or allowed to continue shall be a separate offense. (b) Remedies. In addition to the revocation and suspension provisions in this Article and any available remedies under the law, the following remedies shall be available to the City or other enforcement agency regarding violations of this Article. (1) Administrative enforcement pursuant to this Municipal Code. (2) Civil enforcement pursuant to this Municipal Code. (3) Criminal enforcement as a misdemean‑ or, if allowed under State law. (c) City Council may, by Resolution, adopt specific fines, fees, costs, and penalty amounts for violations and enforcement costs related to this article. SECTION 3: Section 18.69.010 Medical Marijuana Dispensaries, Delivery, Cultivation, and Sales. is deleted in its entirety. SECTION 4: “Commercial Retail Cannabis Business” is hereby added as item 27. to Division I Zoning Section 18.19.030.B. SECTION 5: California Environmental Quality Act. The proposed amendments are Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Guideline Section 15061 (b) (3) due to a) operation of the ordinance, as required therein, in compliance with City of Sand City State of California Laws, Regulations and Guidelines; b) regulation of specific uses allowed by this ordinance; and c) the required operation of this ordinance to render potential environmental as de‑minimis, with certainty that no envi‑ ronmental effects will result from operation of the ordinance. SECTION 6: Severance. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council hereby declares that it would have passed this ordinance and every section, sub‑ section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clause, or phrase be declared unconstitutional or invalid. SECTION 7: Effective Date This Ordinance shall become effective thirty (30) days following its adoption. PASSED AND ADOPTED, by the City Council of Sand City, this 5th day of November 2024 by the following vote: AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Hawthorne, Diaz, and Sofer NOES: None. ABSTAIN: None. ABSENT: None. APPROVED: __________________________ Mary Ann Carbone, Mayor ATTEST: DATED: ____________________ ____________________________ Kerry Lindstrom, City Clerk
RkJQdWJsaXNoZXIy MjAzNjQ1NQ==