HomeMy WebLinkAboutCC RES 2017-76RESOLUTION NO. 2017-76
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. 2017-76
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: KELLY, WEBER, and JONATHAN
NOES: NONE
ABSENT: NESTANDE and HARNIK \ /
ABSTAIN: NONE X e
SABBY JZ9I'4ATHAN, MAYOR PRO TEM
ATTEST:
HELLE D. KI A `SSE , ITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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