R-016-18 Adopting the Process for Issuing Commercial Marijuana Operator Permits

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R-16-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, COUNTY OF SAN BERNARDINO, CALIFORNIA ADOPTING THE PROCESS FOR ISSUING COMMERCIAL MARIJUANA OPERATOR PERMITS WHEREAS, on December 5, 2017, the City Council adopted Ordinance No. 0-11-17, amending Chapters 18.06.160 and 18.48.130 and adding a new Chapter 18.48.134, to the City of Colton Municipal Code ("CMC') establishing permitting procedures for commercial marijuana businesses and other commercial marijuana activities and adopting a change of zone to apply a marijuana cultivation candidate sites overlay zone ("Ordinance"); and WHEREAS, the Ordinance authorizes the City Council to issue two (2) commercial marijuana operator permits ("CMOP") two commercial marijuana cultivation businesses in the City of Colton ("City"), subject to all the restrictions and operation requirements contained in the Ordinance and state law; and WHEREAS, the Ordinance requires the City Council to adopt by resolution a procedure detailing the application and selection process that will be used in granting the two CMOPs (Section 18.48.134 of the CMC); and WHEREAS, the City Council desires to ensure that an application and selection process is established which is consistent with the terms of the Ordinance, and provides a fair process for approving the most qualified and appropriate applicants for the community; and WHEREAS, the application process which is being proposed for approval by this Resolution will screen, evaluate, and rank applicants to identify which applicants can advance from the initial application process, Phase 1, Phase 2, and to Phase 3, where the City Council shall make the final decision from which the two most qualified applicants will be awarded CMOP permits to engage in commercial marijuana cultivation in the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. The City Council hereby adopts the Commercial Marijuana Operators Permit Application and Selection Procedure as set forth in Exhibit "A" to this Resolution, attached hereto and incorporated this reference. SECTION 3. The City Council also adopts the form Application for Commercial Marijuana Operator Permit in the form set forth in Exhibit `B" to this Resolution, attached hereto and incorporated by this reference. SECTION 4. The City Council also adopts the form Operating Plan in the form set forth in Exhibit "C" to this Resolution, attached hereto and incorporated by this reference. SECTION 5. The City Manager or his designee is hereby authorized to adopt regulations or procedures consistent with the procedures adopted herein, as determined necessary for the proper administration of the application and selection process.