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HomeMy WebLinkAboutORD 1465Lei :1 ►_► z Isis E• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A STATUTORY DEVELOPMENT AGREEMENT WITH DON VERDE, LLC, FOR THE CULTIVATION AND MANUFACTURING OF COMMERCIAL CANNABIS AT THE REAL PROPERTY LOCATED AT: 13075 GARVEY AVENUE, BALDWIN PARK, CALIFORNIA 91076 (APN 8556-022-043) WHEREAS, a Statutory Development Agreement ("Agreement") between the City of Baldwin Park, a general law city ("CITY"), and Don Verde, LLC, a California limited liability company ("OWNER"), has been or will be executed; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the CITY on November 10, 2021, to receive comments and consider recommendation to the City Council of the proposed Agreement; and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the City Council held or will hold a duly noticed public hearing pursuant to the California Government Code regarding the Agreement on November 10, 2021; and WHEREAS, the City Council has reviewed the Agreement (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the Agreement; and WHEREAS, the City Council hereby specifically finds that the provisions of the Agreement are consistent with the General Plan of the CITY; and WHEREAS, the City Council hereby specifically finds that the Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5; and WHEREAS, as required by law, the City Council will conduct a first reading to the proposed ordinance on December 15, 2021. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. In accordance with the provisions of the California Environmental Quality Act (CEQA), it has been determined that the proposed Agreement Projects (DA DA21-02) will not have a significant impact of the environment and is Categorically Exempt pursuant to Article 19, Section 15301, Class 1, `Existing Facilities.' Furthermore, the location is proposed within an existing building. SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153.210.860 of the CITY's Municipal Code relating to the Agreement: 1. The Agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because the location of the commercial cannabis business is located within the IC, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other industrial uses within the area. The adoption of commercial cannabis related cultivation and manufacturing activities are also consistent with Goal 1.0 of the City's Economic Development Element in the General Plan in that the CITY encourages and facilitates activities that expand the CITY's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the CITY's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on -going campaign with local businesses to hire local residents. This Agreement requires that the OWNER shall use good faith efforts to employ at least forty percent (40%) of the Project's workforce consisting of CITY residents. 2. The Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1403 refining the measurement of distances) commercial cannabis cultivation, manufacturing and distribution activities are permitted within the CITY provided all of the development standards in Chapter 127 of the CITY's Municipal Code are met. Dispensaries remain prohibited throughout the CITY. 3. The Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the CITY as a whole. City of Baldwin Park — Ordinance Approving Statutory Agreement — Don Verde, LLC Page 2 of 4 4. The Agreement is in conformance with the general area, and the CITY as a whole, as it is located within the IC, Industrial Commercial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between commercial cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the CITY's Municipal Code, the commercial cannabis use is not near any "sensitive uses" such as schools, day care centers, parks, or youth centers. Security measures for the facility include, alarms, video surveillance, and a comprehensive employee training program. 5. The Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Agreement is consistent with California Government Code Sections 65864-65869.5. SECTION 3. The City Council hereby approves and adopts the Agreement, in the form as attached hereto as Exhibit "A" and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. First read at a regular meeting of the City Council of the City of Baldwin Park held on the December 15, 2021 and adopted and ordered published at a regular meeting of said Council on the 15t" day of December, 2021. PASSED, APPROVED, AND ADOPTED this 15t" day of December 2021. -t) Emmanuel Estrada Mayor City of Baldwin Park - Ordinance Approving Statutory Agreement - Don Verde, LLC Page 3 of 4 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES I SS: CITY OF BALDWIN PARK 1, LOURDES MORALES, Chief Deputy City Clerk, City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on November 17, 2021. Thereafter, said Ordinance No. 1465 was duly approved and adopted at a regular meeting of the City Council on December 15, 2022, by the following vote to wit: AYES: COUNCIL MEMBERS: Avila, Damian, Estrada, Garcia, Hernandez NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Lourdes. Morales, Chief Deputy City Clerk City of Baldwin Park — Ordinance Approving Statutory Agreement — Don Verde, LLC Page 4 of 4