Item Coversheet

SAN BENITO COUNTY

AGENDA ITEM
TRANSMITTAL FORM

VACANT

District No. 1

Kollin Kosmicki

District No. 2

Peter Hernandez

District No. 3

 

Bob Tiffany

District No. 4
Vice-Chair

Bea Gonzales

District No. 5
Chair


Item Number: 1.



MEETING DATE:  1/25/2022

DEPARTMENT:
RESOURCE MANAGEMENT AGENCY

DEPT HEAD/DIRECTOR: Michael Chambless

AGENDA ITEM PREPARER: Robin Bolster-Grant

SBC DEPT FILE NUMBER: 790

SUBJECT:

RESOURCE MANAGEMENT AGENCY - M. CHAMBLESS

(To be heard at 9:00 AM or as soon thereafter as the matter may be heard)

Adopt Ordinance No. 1040 amending section 5.03.180 regarding cannabis business activities tax.

SBC FILE NUMBER: 790

ORDINANCE NO: 1040



AGENDA SECTION:

PUBLIC HEARING - Bottom

BACKGROUND/SUMMARY:

On November 9, 2021 the Board of Supervisors voted to approve several changes to the County Code, including approval of outdoor cannabis cultivation. A portion of the discussion involved current cannabis tax rates and staff was directed to draft a resolution reducing the tax rate for outdoor cannabis cultivation from the current $5.00 to $3.00 per square foot. That resolution was approved by the Board on December 14, 2021.

 

In conjunction with the reduction in taxes levied for outdoor cannabis cultivation, staff was directed to revisit the way in which the square footage tax is calculated. The current code language bases the tax on strict square footage of canopy without allowances for area not under cultivation or for crop loss.

 

This method of calculation places an undue burden on cultivators who are taxed on areas that do not produce revenue. The proposed amendment to the calculation language would provide relief to those outdoor growers who either do not utilize a portion of their canopy or suffer crop failure.  Such permit holders will be required to provide documentation to support their claims for relief.

 

On December 14, 2021, the title of Ordinance 1040 was read and your Board accepted formal introduction, waived reading and approved continuing the item to this meeting for adoption.




RESOLUTION OR ORDINANCE NEEDED FOR THIS ITEM:

Yes

CONTRACT NEEDED FOR THIS ITEM:

N/A

CONTRACT AND RFP HISTORY:

N/A

LAST CONTRACT AMOUNT OR N/A:

N/A

STATE IF THIS IS A NEW CONTRACT/ HOW MANY PAST AMENDED CONTRACTS/ OR N/A:

N/A

STRATEGIC PLAN GOALS:



BUDGETED:

N/A

Budget Adjustment Needed: N/A

Unfunded Mandate (Is this a mandate not funded by the State): N/A

SBC BUDGET LINE ITEM NUMBER:

N/A

Source of Funding: N/A

CURRENT FY COST:

$0.00

STAFF RECOMMENDATION:

1. Hold a public hearing

2. Accept public testimony

3. Adopt Ordinance No. 1040, amending section 5.03.180 of the San Benito County Code.



BOARD ACTION RESULTS:

Held public hearing, accepted public testimony, and adopted Ordinance No. 1040 per staff recommendation. (4/1 vote, Hernandez, No)
ATTACHMENTS:
DescriptionUpload DateType
Ordinance No. 10401/18/2022Ordinance