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HomeMy WebLinkAboutRes 2017-76 - Establish a Cannabis Application Appeals Cmte RESOLUTION NO. 2017-76 STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: November 16, 2017 2017-76 REQUEST: Adopt Resolution No. establishing an appeals committee as part of the cannabis selection criteria process. Recommendation Waive further reading and adopt Resolution No. 2017-76 directing the City Manager to establish a cannabis application appeals committee to hear any appeals brought from the prioritization process of applications for commercial cannabis businesses. Strategic Plan The establishment of a cannabis application appeals committee does not achieve any specific Strategic Plan goals. Executive Summary In order to ensure a fair and objective process, it is recommended that a separate cannabis appeals committee be established to hear any applicant appeals regarding their prioritization score received during the cannabis application process. To facilitate this process it is recommended that the City Council (Council) direct the City Manager to establish and appoint a three (3) person appeals committee to hear any such appeals. Background and Analysis Ordinance No. 1329 provides that the Council establish a prioritization process for processing of CUPs and Regulatory Permits for commercial cannabis businesses. Pursuant to Ordinance No. 1329, on October 26, 2017, the Council adopted a resolution establishing selection criteria to be used for that prioritization. Because the selection criteria will be scored on a scale, staff is proposing that an appeals committee be established to hear any appeals on application scoring. As proposed, once a cannabis business application is reviewed and deemed complete, the application will be reviewed and scored against the selection criteria by a staff committee. Once final scores are provided, any applicant that wishes to challenge their score should be allowed to appeal that decision. Staff has reviewed options for the appeals committee and recommends that the Council authorize the City Manager to November 16, 2017— Staff Report Cannabis application appeals committee Page 2 of 2 establish and appoint a three (3) member appeals committee of qualified persons who did not participate in the initial scoring. Decisions of the appeals committee would be final and not subject to further review. Fiscal Impact There is no fiscal impact associated with establishing the cannabis appeals committee. Prepared by: '4 Ceja, Principal Planner LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER ry / ` 1`c""pa— J/111k N/A Robert W. Hargreaves Ryan Stendell Janet Moore Lauri Aylaian City Attorney Dir.of Comm. Dev. Director of Finance City Manager CITY COUNCIL RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DIRECTING THE CITY MANAGER TO ESTABLISH AND APPOINT A THREE MEMBER CANNABIS APPLICATION APPEALS COMMITTEE AS PART OF THE PRIORITIZATION PROCESS FOR CONDITIONAL USE PERMITS AND REGULATORY PERMITS FOR COMMERCIAL CANNABIS BUSINESSES CASE NO: ZOA 17-027 WHEREAS, pursuant to the authority granted to the City of Palm Desert ("City") by Article VI, Section 7 of the California Constitution, the City has the police powers to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, California has adopted through ballot initiative, the Control Regulate and Tax Adult Use of Marijuana (AUMA) to regulate the adult personal and commercial use of cannabis, pursuant to local authority preserved in the AUMA; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of October, 2017, hold a duly noticed public hearing to consider changes to the Municipal Code of the City of Palm Desert, and adopted Ordinance 1329 establishing commercial and personal cannabis regulations and providing for the issuance of conditional use permits and regulatory permits for commercial cannabis businesses; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of October, 2017, adopt Resolution No. 2017-74, establishing selection criteria to be used to prioritize applications for conditional use permits and regulatory permits for commercial cannabis businesses; and WHEREAS, in order to ensure a complete and fair process, the City Council desires to establish a cannabis application appeals process to be used exclusively if any cannabis applicant wishes to challenge the outcome of the scores received during the scoring criteria review; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the forgoing recitals as its findings in support of the following regulations and further finds that establishing a cannabis application appeals committee is beneficial and appropriate to ensure a fair and complete application review process for perspective cannabis operators. RESOLUTION NO. 2017- SECTION 2. Appeals Committee. The City Council hereby directs the City Manager to appoint a three member appeals committee of qualified persons not involved in the initial scoring of cannabis business applications to hear appeals from that scoring and further directs that decisions of the appeals committee be final and not subject to further review or appeal. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 16th day of November, 2017 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT 2 Thompson, Deb From: Robert Hargreaves <Robert.Hargreaves@bbklaw.com> Sent: Tuesday, November 07, 2017 8:38 AM To: Ceja, Eric Cc: Thompson, Deb Subject: RE:Council Staff Report Signature Debbie is authorized to sign in my absence. From: eceja@cityofpalmdesert.orq [mailto:eceja@cityofpalmdesert.orq] Sent: Tuesday, November 07, 2017 8:17 AM To: Robert Hargreaves Subject: Council Staff Report Signature Hi Bob, I need your signature on the Cannabis Appeal Committee report.Are you around today or is there another means to have you sign the report? Thanks, Eric Ceja Principal Planner Ph: 760.346.0611 Direct: 760.776.6384 eceja@cityofpalmdesert.org 73-510 Fred Waning Drive,Palm Desert CA 92260-2578 www.cityofpalmdesert.org This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. 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