HomeMy WebLinkAboutORD 1460ORDINANCE NO. 1460
AN ORDINANCE OF THE CITY OF BALDWIN PARK,
CALIFORNIA, AMENDING CHAPTER 127 OF TITLE XI OF THE
BALDWIN PARK MUNICIPAL CODE
WHEREAS, Title XI Chapter 127 of the City of Baldwin Park Municipal Code
("BPMC") establishes rules and regulations for Commercial Cannabis Activity; and
WHEREAS, California Government Code Section 5022.7 permits the amendment
of municipal codes as often as deemed necessary by the legislative body, and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"),
Regulations, Section 15061(a)(3), the City Council of the City of Baldwin Park ("CITY") has
determined, with certainty, that the proposed action ("Project") has no possibility that it will
have a significant effect on the environment; and
WHEREAS, the CITY has determined that the Project is exempt from CEQA; and
WHEREAS, on September 8, 2021, after conducting a properly noticed public
hearing, the Planning Commission adopted Resolution No. PC 21-11, recommending that
the CITY amend Chapter 127 of the BPMC as it pertains to commercial cannabis activity;
and
WHEREAS, the CITY wishes to amend the BPMC to decrease the distance
between commercial cannabis activity and residential use from fifty (50) feet to twenty
four (24) feet, for Distribution only, and to increase the square footage allowed, from
22,000 square feet to 40,000 square feet, for Distribution only.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Except as expressly modified pursuant to this Ordinance, all other
provisions of Title XI Chapter 127 shall remain unmodified and in full force and effect.
All ordinances in conflict with the provisions of this Ordinance are superseded to the
extent of such conflict.
CHAPTER 127. Medical and Adult Use Commercial Cannabis
127.01: Purpose
A. Regulation. The purpose of this article is to regulate all commercial
cannabis activity in the CITY, as defined in Section 26000 of the California Business and
Professions Code, to the extent authorized by state law and in a manner designed to
minimize negative impact on the CITY, and to promote the health, safety, morals, and
general welfare of residents and businesses within the CITY.
Ordinance 1460 - Page 1 of 26
B. Specific Authority. This article is further adopted and established
pursuant to the specific authority granted to the CITY in Section 7 of Article XI of the
California Constitution and Section 26000 of the California Business and Professions
Code. These regulations shall govern all commercial cannabis activity that occurs within
the jurisdiction of the CITY.
127.02: Definitions
Unless otherwise defined herein, the terms in this article shall have the same
meaning as set forth in the MAUCRSA ("Medicinal and Adult -Use Cannabis Regulation
and Safety Act") and any rules promulgated under it. In addition, the following terms shall
be defined as follows:
A. "Adult -Use Cannabis" means the use of cannabis for recreational
purposes as distinguished from cannabis for medicinal purposes.
B. "Adult -Use Cannabis Licensee" has the same meaning as that term "A -
licensee" as defined by Section 26001(f) of the California Business and Professions
Code.
C. "Applicant" has the same meaning as that terms is defined by Section
26001(c) of the California Business and Professions Code.
D. "Cannabis" has the same meaning as that terms is defined by Section
26001(f) of the California Business and Professions Code.
E. "CITY" means the City of Baldwin Park, California.
F. "Chief Executive Officer" shall mean the Chief Executive Officer of the CITY
or a duly authorized designee.
G. "Code" means the Baldwin Park Municipal Code or the BPMC.
H. "Commercial Cannabis Activity" has the same meaning as that term is
defined by Section 26001(k) of the California Business and Professions Code,
including the exclusion in Section 19319 of the California Business and Professions
Code.
1. "Cultivation Site" has the same meaning as that term is defined by
Section 26001(m) of the California Business and Professions Code.
J. D. any child r. facilityotherthanr family day
home and includes infant centers, preschools, extended day care facilities, and scho
age childcare
Ordinance 1460 - Page 2 of 26
GovernmentK. "Development Agreement" means a development agreement between t
CITY and any Person(s) having legal or equitable interest in real property for t
development of the property as provided in this Chapter, and pursuant to Californ
#i- Section 65864, et seq.
L. "Distribution" has the same meaning as that term is defined by Section
26001(r) of the California Business and Professions Code.
M. "Dwelling Unit" means any building or portion thereof designed for living and
sleeping purposes that contains independent cooking and sanitation facilities.
N. "Enclosed Locked Structure," means a structure that (1) does not allow
for the visibility of the interior from the outside; (2) is secured with a non-residential
lock; (3) is completely surrounded on all sides by a wall (i.e., fully enclosed); and (4)
is roofed. Enclosed locked structures may include greenhouses, provided that only
the roof of the greenhouse is made of transparent glass. All enclosed locked
structures shall comply with the city and state building code, city and state fire code,
and all other applicable laws.
O. "Good Cause" for purposes of denying an initial license under this
chapter, for revoking a permit, or for denying a permit renewal or reinstatement,
means at least one of the following:
1. The Applicant has not obtained approval by the CITY of a
development agreement setting forth the general terms for the operation of a business
under this chapter or a Licensee breaches the terms of an applicable development
agreement.
2. The Applicant or Licensee has violated any of the terms,
conditions or provisions of this chapter, state law, any regulations promulgated under
state law, any applicable local rules and regulations, or any special terms or
conditions placed upon its State License, local license, or permit;
3. The licensed premises has been or is operating in a manner that
adversely affects the public health, safety, or welfare of the immediate neighborhood in
which the establishment is located;
4. The applicant or licensee has knowingly made false statements,
misrepresentations or material omissions on an application form, renewal form, or
any other document submitted to the city;
5. The applicant or licensee's criminal history does not indicate that
the applicant or licensee is of good moral character; or the applicant or licensee has
been convicted of an offense that is substantially related to the qualifications,
functions, or duties of the business or profession for which the application is made,
except that, if the local licensing authority has issued a local license to the applicant
Ordinance 1460 - Page 3 of 26
or licensee, the City shall not consider any criminal history of the applicant or licensee
that was disclosed to or discovered by the local licensing authority prior to the
issuance of the local license and is confirmed by the applicant. For any criminal
history that was not disclosed to or discovered by the local licensing authority prior to
the issuance of the local license or that arose after the issuance of the local license,
the City shall conduct a thorough review of the nature of the crime, conviction,
circumstances, and evidence of rehabilitation of the applicant or licensee, and shall
evaluate the suitability of the applicant or licensee to be issued a permit based on the
evidence found through the review. In determining which offenses are substantially
related to the qualifications, functions, or duties of the business or profession for
which the application is made, the City shall consider the factors as set forth in
Section 26O57(b)(4) of the California Business and Professions Code;
6. The applicant or licensee is employing or allowing to volunteer
any person whose criminal history indicates that person is not of good moral
character;
7. The applicant or licensee fails to allow inspection of the security
recordings, activity logs, or business records of the licensed premises by city officials; or
8. An applicant or licensee is a licensed physician providing written
recommendations to patients for cannabis.
P. "Good Moral Character" means having a personal history that demonstrates
the propensity to serve the public in the licensed area in a manner that reflects openness,
honesty, fairness, and respect for the rights of others and for the law. In determining good
moral character, the following standards shall apply:
I. A judgment of guilt in a criminal prosecution or a judgment in a
civil action shall not be used, in and of itself, as proof of an individual's lack of good
moral character. Such judgment may be used as evidence in the determination, and
when so used the individual shall be notified and shall be permitted to rebut the
evidence by showing that at the current time, he or she has the ability to, and is likely
to serve the public in a fair, honest, and open manner, that he or she is rehabilitated,
or that the substance of the former offense is not substantially related to the occupation
or profession for which he or she seeks to be licensed.
2. Notwithstanding Chapter 2 of Division 1.5 of the California
Business and Professions Code, a prior conviction where the sentence, including any
term of probation, incarceration, or supervised release is completed for possession
of, possession for sale, sale, manufacture, transportation, or cultivation of a controlled
substance, is not considered substantially related, and shall not be the sole ground
for denial of a local license, except that any of the following convictions shall be
deemed substantially related and may be the sole grounds for denying a local license
or permit:
Ordinance 1460 - Page 4 of 26
a. A felony conviction for hiring, employing, or using a minor in
transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled
substance; or
b. A felony conviction for selling, offering to sell, furnishing,
offering to furnish, administering, or giving any controlled substance to a minor; or
C. A felony conviction for drug trafficking with enhancements
pursuant to Section 11370.4 or 11379.8 of the California Health and Safety Code.
d. Conviction for any controlled substance felony subsequent to
issuance of a permit shall be grounds for revocation of a permit or denial of the renewal
of a permit.
Q. "Immature Marijuana Plant" means a marijuana plant, whether male or
female, that has not yet flowered and that does not yet have buds that are readily
observed by unaided visual examination. This is distinguished from a "mature" plant,
which has flowered and has buds.
R. "Licensed Premises" means the designated area on a single or immediately
adjoining parcel(s) as identified by valid street address and Assessor Parcel Number,
specified in an application for a permit under this chapter, which is owned or in possession
of the applicant or licensee and within which the applicant or licensee is applying for
authorization to cultivate, manufacture, distribute, test, or is applying for multiple permitted
uses, in accordance with the provisions of this chapter, the MAUCRSA, any development
agreement approved by city council, and any rules adopted pursuant thereto.
S. "Licensee" means a person who has been issued a commercial cannabis
business permit under this Chapter for a Licensed Premises.
T. "Limited Access Area" means a building, room, or other area that is part of
the licensed premises, whose access is limited to certain authorized persons.
U. "Local License" means "License" means a license issued by the CITY
under this Chapter. includes both an A -license and an M-license, as well as a testing
laboratory license.
V. "Manufacture" means to compound, blend, extract, infuse, or otherwise
make or prepare a cannabis product.
W. "Manufacturer" means a licensee that conducts the production, preparation,
propagation, or compounding of cannabis or cannabis products either directly or indirectly
or by extraction methods, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis at a fixed location that packages or
repackages cannabis or cannabis products or labels or relabels its container.
Ordinance 1460 - Page 5 of 26
X. "Medicinal Cannabis" has the same meaning as that term is defined by
Section 26001(ai) of the California Business and Professions Code.
Y. "Medical Cannabis Business" means any person engaged in commercial
cannabis activity.
Z. "Medicinal and Adult -Use Cannabis Regulation and Safety Act" or
"MAUCRSA" means Division 10 of the California Business and Professions Code
AA. "Outdoors" means any location within the city that is not within an enclosed
structure.
BB. "Owner" means any of the following, pursuant to Section 26001(al) of the
California Business and Professions Code:
1. A person or persons with an aggregate ownership interest of one
(1) percent or more in the Entity applying for a license or a licensee,
unless the interest is solely a security, lien, or encumbrance.
2. The Chief Executive Officer of a nonprofit or other entity.
3. A member of the board of directors of a nonprofit.
4. An individual who will be participating in the direction, control, or
management of the person applying for a license.
CC. "Person" or "Persons" has the same meaning as that term is defined by
Section 26001(an) of the California Business and Professions Code.
DD. "Permit" means a "cannabis permit" that authorizes an entity to conduct
commercial cannabis activity under this chapter.
EE. "Physician," as used in this chapter, shall mean an individual who
possesses a license in good standing to practice medicine or osteopathy from the state
of California.
FF. "State Law(s)" means and include California Health and Safety Code
Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety
Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act); the California
Attorney General's Guidelines for the Security and Non -Diversion of Marijuana Grown
for Medical Use issued in August, 2008, as such guidelines may be revised from time
to time by action of the Attorney General; MAUCRSA, and all other applicable laws
of the state of California.
GG. "State License" has the same meaning as that term is defined by Section
26001(z) of the California Business and Professions Code.
Ordinance 1460 - Page 6 of 26
HH. "State Licensing Authority" shall mean the Bureau of Cannabis Control
within the State Department of Consumer Affairs, the State Department of Public
Health, State Department of Food and Agriculture, or any other state agency
responsible for the issuance, renewal, or reinstatement of a State license issued
pursuant to Division 10 of the California Business and Professions Code or any state
agency authorized to take disciplinary action against such local license.
II. "Written Documentation" shall have the meaning set forth in Section I
1362.7(i) of the California Health and Safety Code.
JJ. "Youth Center" means any public or private facility that is primarily used
host social activities for minors, including, but not limited to, social service teenage clu
•-• arcades,or similar amusement park facilities.
13: Relationship to Other Laws I
Except as otherwise specifically provided herein, this chapter incorporates the
requirements and procedures set forth in Division 10 (commencing with Section 26000)
of the California Business and Professions Code. In the event of a conflict between the
provisions of this chapter and state statutes or regulations, State law shall control.
127.04: Outdoor Cultivation
It is hereby declared to be unlawful, a public nuisance, and a violation of this
Chapter for any person owning, leasing, occupying, or having charge or possession of
any parcel within any zoning district in the CITY to use or allow such premises to be used
for the outdoor cultivation of cannabis plants.
127.05: Permitted Use
A. Permit Required. Commercial Cannabis Activity shall only be permitted to
operate in the CITY pursuant to the issuance of a Permit approved by the City Council or
staff designee and a business license issued by the CITY in accordance with the criteria
and procedures set forth in Chapter 127 of this Code and in compliance with the BPMC.
No land -use entitlement, permit (including building permit) approval, site plan, certificate
of occupancy, zoning clearance, or other land -use authorization for a commercial
cannabis activity shall be granted or permitted unless it complies with the provisions of
this chapter and the applicable building standards and the BPMC. If there is a conflict
between the requirements of another chapter and this chapter, the requirements of this
Chapter 127 prevail.
B. Strict Compliance. All Persons who are engaged in or who are attempting
to engage in Commercial Cannabis Activity in any form shall do so only in strict
compliance with the terms, conditions, and restrictions of the MAUCRSA, the provisions
of this Chapter 127, and all other applicable State and CITY laws.
C. Chief Executive Officer Authorized. The Chief Executive Officer is
Ordinance 1460 - Page 7 of 26
authorized to establish policies and procedures consistent with the intent and spirit of this
Chapter concerning the applications, the application process, the information required of
Applicants, the application procedures and the administration and procedures to be used
and followed in the application and process.
127.06: Development Agreement Required
Prior to operating in the CITY, as a condition of issuance of a Permit, the Applicant
shall enter into a Development Agreement with the CITY setting forth the terms and
conditions under which the facility will operate that is in addition to the requirements of
this Chapter, including, but not limited to, public outreach and education, community
service, payment of fees and other charges as mutually agreed upon, approval of
architectural plans (including site plan, floor plan, and elevation, to conform with
manufacturing uses under the BPMC), and such other terms and conditions that will
protect and promote the public health, safety, and welfare of all persons in the CITY.
127.07: Permitted Zones -Distance and Other Conditions for Approval
No more than 25 (twenty-five) Permits, each with a maximum of 22,000 square
feet of permitted Commercial Cannabis Activity may be allowed, maintained, or operated
in the CITY at any time. If there is a conflict between the requirements of this chapter and
any other chapter, the requirements of this Chapter shall prevail. Except that, for
Distribution only, the maximum square feet shall be increased from 22,000 square feet to
40,000, square feet.
A. Manufacturing Sites.
1. No Manufacturing shall be located within 600 feet of a school,
Day -Care, or youth center, or within 50 feet of a dwelling unit within a residential zone,
pursuant to section E of this Code; except when exclusively manufacturing food and/or
edible cannabis products and no other products, and no extraction of cannabis or
cannabis products is taking place on the premises, the distance will be as specified in
section 2 below.
2. Manufacturing of edible cannabis products and no other products,
and where no on -site extraction occurs, shall not be located within 600 feet of a school,
Day -Care, or youth center, and shall not be located within 25 feet of a dwelling unit within
a residential zone, pursuant to Section E of this Code.
3. Subject to the distance and other requirements of this chapter and
the Code, a Licensed Premises may only be a property within the Industrial (1) or the
Industrial -Commercial (1-C) zones, and following the application for and granting of a
development agreement by the CITY and a business permit in accordance with this
Chapter. The proposed use shall comply with the minimum requirements set forth in this
Chapter for distance separations between specific land uses.
Ordinance 1460 - Page 8 of 26
4. All Manufacturing of cannabis shall occur in an enclosed structure.
5. Licensed Premises for Manufacturing shall not exceed the 22,000
square feet maximum authorized pursuant to the controlling development agreement.
6. From a public right-of-way, there should be no exterior evidence
of the manufacturing of cannabis or manufactured cannabis products except for any
signage authorized by this Code.
7. All Licensed Premises shall comply with the CITY's lighting
standards including, without limitation, fixture type, wattage, illumination levels, shielding,
and secure the necessary approvals and permits as needed.
8. All windows on the Licensed Premises of the manufacturing site shall
be appropriately secured and all cannabis securely stored.
9. All operations conducted on the Licensed Premises, and all
equipment used therein must be in compliance with all applicable state and local laws,
including all building, electrical, and fire codes.
10. If hazardous materials, flammable gas, flammable liquefied gas,
flammable and combustible liquids, or other flammable material, as those terms are
defined in the Los Angeles County Code, Title 32, Fire Code ("CFC") Section 202,
are to be used in the processing of medical cannabis or adult use, then the provisions
of CFC Section 407 shall be applicable where hazardous materials subject to permits
under CFC Section 50 (Hazardous Materials) are located on the licensed premises.
11. Storage, use, and handling of compressed gases in compressed gas
containers, cylinders, tanks, and systems shall comply with CFC Chapter 53. Partially full
compressed gas containers, cylinders or tanks containing residual gases shall be
considered as full for the purposes of the controls required. Compressed gases classified
as hazardous materials shall also comply with CFC Chapter 50 for general requirements
and CFC Chapter 53 addressing specific hazards, including CFC Chapter 58 (Flammable
Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers,
Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric
Materials). A manufacturer shall prevent, control, and mitigate of dangerous conditions
related to storage, use, dispensing, mixing, and handling of flammable and combustible
liquids shall be in accordance with CFC Chapters 50 and 57.
12. Licensed Premises are permitted under this Chapter under a
Group F-1 (Factory Industrial Moderate -Hazard) Occupancy under the Fire Code. All
new construction shall be fire sprinkled per the Fire Code. For manufacturing sites
that will be sited in an existing structure, an automatic sprinkler system shall be
provided throughout all buildings containing a Group F-1 occupancy where one of the
following conditions exists:
Ordinance 1460 - Page 9 of 26
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than three stories
above grade plane.
C. The combined area of all Group F-1 fire areas on all floors,
including any mezzanines, exceeds 22,000 square feet.
13. Suitability of the proposed. All licensed facilities shall have air
scrubbers or a filtration system capable of eliminating odors from escaping the building.
14. The manufacture, distribution, and transportation of edible cannabi--
products shall be conducted in a manner that complies with all applicable food safety
for the protection of . consuming cannabis.
15. All products, # #. facilities, utensils, equipment,and materia
used for the manufacture of edible cannabis products shall be approved, use
managed, and handled in accordance with the provisions of all State and County Heal
and Safety Laws regarding the preparation, distribution, labeling, and sale of food. I
16. Any Manufacturing site that proposes to prepare, store, dispens
and distribute ediblecannabisproducts rcomplywith a relevant provisionsof a
State and County Health and Safety Laws regarding the preparation, distributio r
labeling, and sale of food.
17. No food production shall be allowed in a facility where edibl
'i • a # products "` a Manufactured # avoid aunintentional # #
cannabis### r#
1. All owners, employees, volunteers, or other individuals that
participate in the production of edible cannabis products shall be State certified food
handlers. The valid certificate number of each such owner, employee, volunteer, or other
individual shall be on record at the permitted premises where said individual participates
in the production of edible cannabis products.
B. Cultivation Sites.
No cultivation site shall be located within 600 feet of a school, Day -Care, or
youth center, or within fifty (50) feet of a dwelling unit within a residential zone,
pursuant to section E of this Code.
1. Subject to the distance and other requirements of this chapter and
the Code, a Licensed Premises may only be a property within the Industrial (1) or
Industrial -Commercial (I-C) zones, and following the application for and granting of a
Development Agreement by the CITY and a business permit in accordance with this
chapter. The proposed use will comply with the minimum requirements set forth in
this chapter for distance separations between specific land uses.
Ordinance 1460 - Page 10 of 26
2. All Cultivation Sites shall occur in an enclosed locked structure.
Licensed Premises shall not exceed the 22,000 square feet maximum authorized
pursuant to the controlling development agreement.
3. From a public right-of-way, there should be no exterior evidence
of the cultivation of medical and adult use cannabis except for any signage authorized
by this chapter.
4. All Cultivation Sites shall comply with the CITY's lighting standards
including, without limitation, fixture type, wattage, illumination levels, shielding, and
secure the necessary approvals and permits as needed.
5. All windows on the licensed premises of a cultivation site shall be
appropriately secured and all cannabis securely stored.
6. Areas where cannabis is cultivated are wet locations, and the
electrical system in such areas must comply with Title 8 of this code, Article 300.6(D)
of the National Electric Code, CITY, and California building codes, fire codes,
electrical codes, and all other applicable laws.
7. Cultivation Sites are under a Group F-1 (Factory Industrial
Moderate -Hazard) Occupancy under the Fire Code. All new construction is required
to be fire sprinkled under the Fire Code. For cultivation sites that will be sited in an
existing structure, an automatic sprinkler system shall be provided throughout all
buildings containing a Group F-1 occupancy where one of the following conditions
exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than 3 stories above
grade plane.
C. The combined area of all Group F-1 fire areas on all floors,
including any mezzanines, exceeds 22,000 square feet.
8. In addition to a Manufacturing or Cultivation permit, a cannabis
business applicant may apply for another use as permitted by MAUCRSA, a development
agreement approved by city council, this chapter, and any rules adopted pursuant thereto.
9. Suitability of the proposed property. All licensed facilities shall have
air scrubbers or a filtration system capable of eliminating odors from escaping the
building.
Ordinance 1460 - Page 11 of 26
C. Distribution Sites.
1. A Distribution Licensee shall carry or move cannabis within the
CITY in accordance with MAUCRSA and State regulations.
2. No Distribution site shall be located within 600 feet of a school,
Day -Care center, or youth center or within twenty four (24) feet of a dwelling unit within a
residential zone, pursuant to section E of this Code.
3. Subject to the distance and other requirements of this chapter and
the Code, a Licensed Premises may only be a property within the Industrial (1) or the
Industrial -Commercial (I-C) zones, and following the Application for and granting of a
Development Agreement by the CITY and a business permit in accordance with this
chapter. The proposed use shall comply with the minimum requirements set forth in this
chapter for distance separations between specific land uses.
4. All Distribution, including but not limited to packaging, repackaging,
loading, and unloading of products shall occur in an enclosed structure.
5. Licensed Premises for Distribution shall not exceed the 40,000
square feet maximum; it may be less than 40,000 square feet as negotiated pursuant
to the controlling Development Agreement.
6. From a public right-of-way, there should be no exterior evidence
of Commercial Cannabis Activity except for any signage authorized by this Code.
7. All Licensed Premises shall comply with the CITY's lighting
standards including, without limitation, fixture type, wattage, illumination levels, shielding,
and secure the necessary approvals and permits as needed.
8. All windows on the Licensed Premises of the Distribution site shall
be appropriately secured and all cannabis securely stored.
9. All operations conducted on a Licensed Premises, and all equipment
used therein, must be in compliance with all applicable state and local laws, including all
building, electrical, and fire codes.
10. Licensed Premises are permitted under this Chapter under a
Group F-1 (Factory Industrial Moderate -Hazard) Occupancy under the Fire Code. All
new construction shall be fire sprinkled per the CFC. For Distribution sites that will be
situated in an existing structure, an automatic sprinkler system shall be provided
throughout all buildings containing a Group F-1 occupancy where one of the following
conditions exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than three stories
Ordinance 1460 - Page 12 of 26
above grade plane.
C. The combined area of all Group F-1 fire areas on all floors,
including any mezzanines, exceeds 22,000 square feet.
11. Suitability of the proposed property. Staff reserves the right to require
a licensed Distribution facility to install air scrubbers or a filtration system capable of
eliminating odors from escaping the building if the facility is found to emit cannabis odors.
D. Nonconforming Use. Any Commercial Cannabis Activity or cannabis
dispensary established or operating in the CITY in violation of this Chapter, or the ban
established by Part 10, of Chapter 153 Section 153.120.320 of the Baldwin Park Zoning
Code, shall not be considered a lawful or permitted nonconforming use, and no
Commercial Cannabis Activity operating unlawfully is eligible for a Permit. Further, any
such unlawfully established Commercial Cannabis Activity shall constitute a public
nuisance subject to abatement by the CITY, pursuant to Chapter 95, Section 95.09.
E. Distances. All distances specified in this section shall be measured in the
following manner:
1. For schools, Day -Care, parks, or youth centers, the distance shall be
measured in a straight line from the subject property line to the closest property line of
the lot on which the Commercial Cannabis Activity is to be located without regard to
intervening structures.
2. For determining distance to residential zones, the distance shall be
measured in a straight line from the subject building to the closest dwelling unit on the lot
on which the cannabis business is to be located without regard to intervening structures.
F. Factors Considered for Permit Approval. Approval of a permit shall
consider safety of the public, including, but not limited to, the following factors:
1. Suitability of the proposed property;
2. Suitability of the security plan;
3. Suitability of business plan and financial record keeping;
4. Criminal history;
5. Regulatory compliance history;
6. Good legal standing;
7. Community engagement;
8. Environmental impact; and
9. Labor relations.
127.08: No Transfer or Change in Ownership or Location.
An Owner who obtains a Permit under this chapter may not sell, transfer, pledge,
assign, grant an option, or otherwise dispose of his or her ownership interest in the
Commercial Cannabis Activity covered by any Permit issued under this Chapter without
Ordinance 1460 - Page 13 of 26
a written request deemed appropriate by Chief Executive Office of the CITY, or his/her
designees, and City Council approved, fully executed and effective Development
Agreement.
The Licensed Premises shall only be the geographical area that is
specifically and accurately described in executed documents verifying lawful
possession. No Licensee is authorized to relocate to other areas or units within a
building structure without first filing a change of location application, paying any
applicable processing fees, and obtaining approval from the City Council,
regardless of any possessory interest or right to possession to such additional
space.
127.09: Altering or Modifying Location
A. Lawful Possession. Persons permitted pursuant to the provisions of
this chapter or those making application for such permits, must demonstrate proof of
lawful possession of the Licensed Premises. Evidence of lawful possession consists
of properly executed deeds of trust, leases, or other executed written documents.
B. Modifying Location. No Licensee shall add additional units or areas,
thereby altering the initially approved premises, without filing an application to modify
the location on forms prepared by the Chief Executive Officer, paying any applicable
processing fees, and obtaining approval from the city council.
C. Subletting Not Authorized. No Licensee is authorized to sublet any
portion of any Licensed Premises for any purpose, unless all necessary forms and
application to modify the existing location to accomplish any subletting have been
approved by the city council.
D. Application Required to Alter or Modify Licensed Premises. After
issuance of a Permit, the Licensee shall not make any physical change, alteration, or
modification of the Licensed Premises that materially or substantially alters the
premises, production estimates, or the usage of the premises from the plans originally
approved with the Development Agreement, without the prior written approval of the
City Council or its designee. The Licensee whose Licenses Premises are to be
materially or substantially changed is responsible for filing an application for approval
on current forms provided by the City.
E. What Constitutes a Material Change. Material or substantial changes,
alterations, or modifications requiring approval include, but are not limited to, the
following:
1. Any increase or decrease in the total physical size or capacity of
any licensed premises or Permit approved square footage;
Ordinance 1460 - Page 14 of 26
2. The sealing off, creation of, or relocation of a common entryway,
doorway, passage, or other such means of public ingress and/or egress, when such
common entryway, doorway, or passage alters or changes limited access areas
within the Licensed Premises;
3. The installation or replacement of electric fixtures or equipment,
the lowering of a ceiling, or electrical modifications made for the purpose of increasing
power usage to enhance cultivation activities.
F. Application. The City Council or its designee may grant approval for
the types of changes, alterations, or modifications described herein upon the filing of
an application by the Licensee and payment of any applicable fee. The Licensee must
submit all information requested by the city council or its designee including but not
limited to documents that verify the following:
1. The Licensee will continue to have exclusive possession of the
premises, as changed, by ownership, lease, or rental agreement, and sole control of
all production; and
2. The proposed change conforms to any and all City restrictions
related to the time, manner, and place of regulation of the commercial cannabis
activity.
127.10: Grounds for Denial of Permit -Additional Conditions Imposed
A. Rejection; Findings. The Chief Executive Officer or designee may reject
an application upon making any of the following findings:
1. The Applicant made one or more false or misleading statements or
omissions on the registration application or during the application process;
2. The Applicant's business entity, if applicable, is not properly
organized and is not in "good standing," in strict compliance pursuant to the applicable
law, rules, and regulations;
3. The Applicant fails to meet the requirements of this chapter or any
regulation adopted pursuant to this Chapter;
4. The Applicant's facility or its location is in violation of any building,
zoning, health, safety, or other provision of this Code, or of any state or local law or the
facility or its location is not permitted in the proposed area, or the issuing or continuation
of a permit would be contrary to the public health, welfare, safety, or morals;
Ordinance 1460 - Page 15 of 26
5. The Applicant, or any of its officers, directors, owners, managers,
or employees is under twenty-one (21) years of age;
6. The Applicant, or any of its officers, directors, or owners, or any
Person who is managing or is otherwise responsible for the activities of the Licensed
Premises, or any employee who participates in the dispensing, cultivation,
processing, manufacturing, distributing, delivery, or transporting of medical and/or
adult commercial cannabis and/or cannabis products or who participates in the daily
operations of the medical and/or adult use commercial cannabis facility, has been
convicted of a violent felony, a felony or misdemeanor involving fraud, deceit,
embezzlement, or moral turpitude;
7. The Applicant or any of its officers, directors, owners, or
managers is a licensed physician making patient recommendations for cannabis;
8. The Applicant or any of its officers, directors, owners, or managers
has been sanctioned by the CITY, the State of California, or any county for unregistered
medical cannabis activities or has had a registration revoked under this chapter in the
three (3) years;
9. The Applicant did not pay to the CITY the required application and
processing fees;
10. Good cause exists to deny the application, as defined in this chapter.
11. Applicant's application does not reflect the purpose of this
chapter, to promote the health, safety, morals, and general welfare of residents and
businesses within the CITY.
127.11: Security
A. General Security Requirements
1. Security cameras shall be installed and maintained in good working
condition and used in an on -going manner with at least 240 continuous hours of digitally
recorded documentation in a format approved by the Chief of Police and/or his designee.
The cameras shall be in use 24 hours per day, 7 days per week. The areas to be covered
by the security cameras include, but are not limited to, the storage areas, manufacturing
or cultivation areas, all doors and windows, and any other areas as determined by the
Chief of Police and/or his designee.
2. Entrances to any storage areas shall be locked at all times and
under the control of Licensee's staff.
3. The business entrance(s) and all window areas shall be illuminated
during evening hours. The applicant shall comply with the City's lighting standards
Ordinance 1460 - Page 16 of 26
regarding fixture type, wattage, illumination levels, shielding, etc., and secure the
necessary approvals and permits as needed.
4. All windows on the Licensee's building shall be unopenable or locked
and all product securely stored.
5. Each Licensee shall implement a system to track the cultivation and
manufacturing of cannabis in order to prevent the Licensee from diverting or transporting
cannabis to any location not authorized by state laws or any local law or regulation.
6. All waste and disposal containers shall be stored in a secure area,
and under the control of Licensee's staff.
B. Security Alarm Systems - Minimum Requirements
1. Each Licensed Premises shall have a Security Alarm System,
installed by a licensed alarm company that alters the alarm monitoring company on all
premises entry points and windows.
2. Each Licensed Premises must be continuously monitored by an
alarm monitoring company.
3. The Licensed Premises shall maintain up-to-date records and
existing contracts on the premises that describe the location and operation of each
security alarm system, a schematic of security zones, the name of the licensed alarm
company, and the name of any vendor monitoring the premises.
4. Upon request, each licensee shall make available to the Chief
Executive Officer or any state or local law enforcement agency, for a purpose
authorized by this chapter or state or local law enforcement purpose, all information
related to security alarm systems, recordings, monitoring, and alarm activity.
C. Lock Standards -Minimum Requirement. On all doors, the Licensee
shall ensure the use of commercial -grade, nonresidential door locks.
D. Video Surveillance Requirements:
1. Prior to exercising the privileges of a permit under this chapter, an
applicant must install fully operational video surveillance and camera recording system.
The recording system must record in digital format and meet the requirements outlined in
this Section.
2. All physical, non -cloud based, video surveillance recordings must
be stored in a secure area that is only accessible to the management staff of the
Licensed Premises.
Ordinance 1460 - Page 17 of 26
3. Video surveillance records and all recordings must be made
available upon request to the Chief of Police or any other state or local law
enforcement agency for a purpose authorized by this chapter or for any other state
or local law enforcement purpose.
4. Video surveillance records shall be held in confidence by all
employees and representatives of the Chief Executive Officer, except that the Chief
of Police or his designee may provide such records and recordings to a state or local
law enforcement agency for a purpose authorized by this Chapter or for a state or
local law enforcement purpose.
5. A sign shall be posted in a conspicuous place near each point of
entry and/or exit that shall be not less than 12 inches wide and 12 inches high,
composed of letters not less than one inch in height, stating "All Activities Monitored
by Video Camera" or "These Premises Are Being Digitally Recorded" or other similar
language advising all persons entering the Licensed Premises that a video
surveillance and camera recording system is in operation at the Licensed Premises
and recording all activity as provided in this Chapter.
6. The Licensed Premises shall use video surveillance equipment and
a camera system that can be accessed remotely 24 hours a day by the Baldwin Park
Police Department and the City, as specified in each development agreement.
E. Video Surveillance Equipment
1. Video surveillance equipment shall, at a minimum, consist of
digital or video recorders, cameras capable of meeting the recording requirements
described in this section, video monitors, digital archiving devices, and a color printer
capable of delivering still photos.
2. All video surveillance systems must be equipped with a failure
notification system that provides prompt notification to the licensed permit holder of
any prolonged surveillance interruption and/or the complete failure of the surveillance
system.
3. Licensed Premises are responsible for ensuring that all
surveillance equipment is properly functioning and maintained so that the playback
quality is suitable for viewing and the surveillance equipment is capable of capturing
the identity of all individuals and activities in the monitored areas.
4. All video surveillance equipment shall have sufficient battery
backup to support a minimum of 4 hours of recording in the event of a power outage.
F. Placement of Cameras and Required Camera Coverage
Camera placement shall be capable of identifying activity
Ordinance 1460 - Page 18 of 26
occurring within 20 feet of all points of ingress and egress and shall allow for the clear
and certain identification of any individual and activities on the Licensed Premises.
2. All entrances and exits to the facility shall be recorded from both
indoor and outdoor vantage points.
3. The system shall be capable of recording all pre -determined
surveillance areas in any lighting conditions. If the Licensed Premises has a cannabis
cultivation area, a rotating schedule of lighted conditions and zero -illumination can
occur as long as ingress and egress points to those areas remain constantly
illuminated for recording purposes.
4. Areas in which cannabis is grown, tested, cured, manufactured, or
stored shall have camera placement in the room at a height that provides a clear,
unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other
equipment.
5. Cameras shall also be placed at each location where weighing,
packaging, transport, preparation, or tagging activities occur.
6. At least one camera must be dedicated to record the access points
to the secured surveillance recording area.
7. All outdoor cultivation areas must meet the same video surveillance
requirements applicable to any other indoor Limited -Access Areas.
G. Location and Maintenance of Surveillance Equipment
1. Surveillance recording equipment must be housed in a designated,
locked, and secured enclosure with access limited to authorized employees, agents of
the Chief Executive Officer, state or local law enforcement agencies for a purpose
authorized by this chapter or for any other state or local law enforcement purpose, and
service personnel or contractors.
2. The Licensee must keep a current list of all authorized employees
and service Personnel who have access to the surveillance system and/or room on the
Licensed Premises. Licensed Premises must keep a surveillance equipment
maintenance activity log on the Licensed Premises to record all service activity, with the
identity of the individual(s) performing the service, the service date and time, and the
reason for service to the surveillance system.
3. Each Licensed Premises located in a shared building must have a
separate surveillance room/area that is dedicated to that specific Licensed Premises. All
minimum requirements for equipment and security standards as set forth in the section
apply to the review station.
Ordinance 1460 - Page 19 of 26
H. Video Recording and Retention Requirements
1. All camera views of all recorded areas must be continuously
recorded 24 hours a day.
2. All surveillance recordings must be kept for a minimum of 90 days
and be in a format that can be easily accessed for viewing on premises. Video
recordings must be archived in a format that ensures authentication of the recording
as legitimately captured video and guarantees that no alteration of the recorded
image has taken place.
3. The surveillance system or equipment must have the capabilities to
produce a color still photograph from any camera image, live or recorded.
4. The date and time must be embedded on all surveillance recordings
without significantly obscuring the picture.
5. Time is to be measured in Pacific Standard Time in accordance with
the U.S. National Institute of Standards and Technology.
6. After the 90-day surveillance video retention schedule has
lapsed, surveillance video recordings must be erased or destroyed prior to being
discarded or disposed of for any other purpose. Surveillance video recordings may
not be destroyed if the licensed Permit Holder knows or should have known of a
pending criminal, civil, or administrative investigation or any other proceeding for
which the recording may contain relevant information.
Other Records
All records applicable to the surveillance system and cannabis tracking system
shall be maintained on the Licensed Premises. At a minimum, Licensed Premises shall
maintain a map of the camera locations, direction of coverage, camera numbers,
surveillance equipment maintenance activity log, user authorization list, and operating
instructions for the surveillance equipment.
J. Suitability of Security Plan
The Applicant's security plan shall include twenty-four (24) hours per day security.
The presence of security personnel on premises and/or periodic patrolling of the premises
within the twenty-four (24) hours per day is permitted.
127.12: Fees and Charges.
K. Applicable Fees
Prior to operating in the CITY, the commercial cannabis permit holder for each
Licensed Premises shall timely and fully pay all fees associated with the
Ordinance 1460 - Page 20 of 26
establishment of that business. The fees shall be as set forth in the schedule of fees
and charges established by resolution of the city council, including, but not limited to,
the following:
1. Application fee for accepting a registration application; due and
payable in full at the time an application is submitted;
2. Processing fee for the cost to the CITY of processing an application
and reviewing, investigating, and scoring each application in accordance with any
evaluation system to determine eligibility for issuance of a Permit, due and payable in full
at the time a registration application is submitted;
3. Permit issuance fee for the cost to the city of preparing a
Development Agreement, City Council review and approval of the Development
Agreement and the Permit, and preparation and issuance of the Permit as authorized by
the City Council, due and payable in full at the time the city issues a Permit;
4. Amended registration fee for the cost to the CITY of reviewing
amendments or changes to the registration form previously filed on behalf of the Licensed
Premises; due and payable in full at the time amendments or changes to any Permit form
is submitted to the CITY;
5. Permit renewal fee for the cost to the city of processing an
application to renew a Permit; due and payable in full at the time application is made
to renew a Permit;
6. Any fees for inspection or investigation that are not included within
the other fees associated with registration; due and payable in full upon request of the
CITY; and
7. Any fees set forth in the applicable Development Agreement.
127.13: Limitations on City's liability
A. No CITY Liability. To the fullest extent permitted by law, the CITY does
not assume any liability whatsoever, with respect to approving any Permit pursuant
to this chapter or the operation of any Commercial Cannabis Activity approved under
to this Chapter.
B. Indemnity and Insurance. As a condition of approval of a Permit, as
provided in this chapter, the Applicant or its legal representative shall do the following:
Ordinance 1460 - Page 21 of 26
1. Execute an agreement indemnifying the CITY from any claims,
damages, injuries, or liabilities of any kind associated with the registration or
operation of the cannabis facility or the prosecution of the cannabis facility or its
owners, managers, directors, officers, employees, or its qualified patients or primary
caregivers for violation of federal or state laws;
2. Maintain insurance in the amounts and of the types that are
acceptable to the city Council or designee;
3. Name the CITY as an additional insured on all CITY -required
insurance policies;
4. Agree to defend, at its sole expense, any action against the CITY,
its agents, officers, and employees related to the approval of the Licensee's
regulatory permit; and
5. Agree to reimburse the CITY for any court costs and attorney fees
that the CITY may be required to pay as a result of any legal challenge related to the
CITY's approval of the Licensee's Permit. The CITY may, at its sole discretion, participate
at its own expense in the defense of any such action, but such participation shall not
relieve the operator of its obligation hereunder.
127.14. Inspections
A. Right to Inspect. The Chief Executive Officer, Chief of Police or their
designees, shall have the right to enter all Licensed Premises, from time to time,
unannounced during the facility's hours of operation for the purpose of making reasonable
inspections to observe and enforce compliance with this Chapter, to inspect and copy
records required to be maintained under this Chapter, or to inspect, view, and copy
recordings made by security cameras, all without requirement for a search warrant,
subpoena, or court order, and subject to appropriate fees as specified in the development
agreement.
B. Noncompliant Operations. Operation of a Licensed Premises in
noncompliance with any conditions of approval or the provisions of this chapter shall
constitute a violation of the Code and shall be enforced pursuant to the provisions of
this Code.
C. Revocation of Permit. The Chief Executive Officer or designee may
summarily suspend or revoke a Permit, or disqualify an applicant from the registration
process, or elect not to renew a regulatory permit if any of the following, singularly or
in combination, occurs:
1. The Chief Executive Officer or designee determines that the
cannabis facility has failed to comply with any requirement of this chapter or the approved
Ordinance 1460 - Page 22 of 26
development agreement or any condition of approval or a circumstance or a situation has
been created that would have permitted the Chief Executive Officer or designee to deny
the regulatory permit under this chapter or elect not to renew or revoke the permit under
this chapter;
2. The Licensee or Applicant has conducted itself or is being
conducted in a manner that creates or results in a public nuisance, as defined in
Chapter 95 of the BPMC;
3. The Licensee Premises ceased operations for more than 90
calendar days, including during change -of -ownership proceedings;
4. Ownership is changed without the City Council approval and
authorization under this Chapter;
5. The Licensee relocates to a different location or premises without
City Council approval and authorization; and
6. The Licensee fails to allow inspection or copying of the security
recordings or the activity logs or records required to be kept under this chapter or denies
entry to the premises to city officials authorized to inspect the premises.
D. Abatement. The CITY shall initiate abatement proceedings as
authorized by the Code, if necessary, to correct any violation of this Chapter or Code.
E. Violation Deemed Misdemeanor -Penalty. Any Person violating
any of the provisions of this Chapter or any applicable rule in this chapter or Code, shall
be guilty of a misdemeanor, and upon conviction thereof shall be punishable by the
maximum penalties provided for in the Penal Code section 19.
127.15: Public Nuisance Prohibited
It is hereby declared to be unlawful and a public nuisance for any person
owning, leasing, occupying, or having charge of any parcel within the city to create a
public nuisance in the course of cultivating, manufacturing, testing, or distributing
cannabis or any part thereof in any location, indoor or outdoor. A public nuisance may
be deemed to exist if such activity produces:
A. Odors. Odors which are disturbing to people of reasonable sensitivity or
present on adjacent or nearby property or areas open to the public.
B. Repeated Responses. Repeated responses to the Licensed Premises by
law enforcement personnel.
C. Disruption to Free Passage. A repeated disruption to the free passage of
persons or vehicles in the neighborhood, excessive noise, exceeding the noise levels set
by Baldwin Park Zoning Code Section 153.140.070, which is disturbing to people of
Ordinance 1460 - Page 23 of 26
normal sensitivity on adjacent or nearby property or areas open to the public.
D. Other Disruption Activity. Any other impacts on the neighborhood that
are disruptive of normal activity in the area including, but not limited to, grow lighting
visible outside the building, excessive vehicular traffic or parking occurring at or near
Premises, and excessive noise emanating from the Premises.
E. Outdoor Commercial Cannabis Activity. Outdoor growing and cultivation
of cannabis.
127.16: Appeals
Any decision regarding or pertaining to the permit process set forth in this Chapter,
or any action taken by the Chief Executive Officer or designee pursuant hereto, may be
appealed to the City Council. Such appeal shall be taken by filing with the city clerk, within
ten (10) days after notice of the action or decision complained of has been issued, a
written statement setting forth the grounds for the appeal. The City Clerk shall
transmit the written statement to the city council, and at its next regular meeting, the
council shall set a time and place for a hearing on the appeal. Notice of the time and
place of such hearing shall be mailed to the appellant. The decision of the City
Council on such appeal shall be final and binding on all parties concerned.
127.17: Statewide Regulation.
This Chapter, and the provisions herein, shall be read consistent with any
statewide regulation of Commercial Cannabis Activity now and in the future. This
ordinance shall govern the conduct of a business allowed to operate a commercial
cannabis activity in the CITY.
127.17: Interpretation.
The provisions of this Chapter shall be read to be consistent with State laws,
this chapter, and this Code. At no time shall a Commercial Cannabis Activity in
compliance with state law and this Code be deemed to be an unlawful business.
127.18: Severability.
Should any provision of this chapter, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable, or otherwise void, that determination shall have no effect on any other
provision of this chapter or the application of this chapter to any other person or
circumstance, and the provisions of this chapter are severable.
SECTION 2. If any section, subsection, sentence, clause, phrase, or word of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
Ordinance 1460 - Page 24 of 26
remaining portions of this ordinance. The City Council hereby declares that it would
have adopted this ordinance, and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether
any portion or the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 3. 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
6th day of October, 2021, and adopted and ordered published at a regular meeting of said
Council on the 3rd day of November, 2021.
Ordinance 1460 - Page 25 of 26
PASSED, APPROVED, AND ADOPTED this 31d day of November, 2021.
+t
EMM N E J. ESTRADA
MAYO
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, Marlen Garcia, City Clerk of the 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 3, 2021. Thereafter, said Ordinance No. 1460 was duly
approved and adopted at a regular meeting of the City Council on November 3, 2021 by
the following vote to wit:
AYES: COUNCIL MEMBERS: Avila, Damian, Estrada, Garcia, and Hernandez
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
0� Wit
CITY CLERK
Ordinance 1460 - Page 26 of 26