HomeMy WebLinkAboutORD 1461ORDINANCE NO. 1461
AN ORDINANCE OF THE CITY OF BALDWIN PARK,
CALIFORNIA, AMENDING CHAPTER 153 OF THE BALDWIN PARK
MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS
ACTIVITY
WHEREAS, Chapter 153 of the Baldwin Park Municipal Code ("BPMC")
regulates Commercial Cannabis Activity within the Industrial Commercial and
Industrial Zones in the City of Baldwin Park ("CITY") pursuant to Table 153.050.020;
and
WHEREAS, 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 proposed action ("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 Council amend Chapter 127 of the BPMC as it pertains to medical and adult use
commercial cannabis.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PAK DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Except as expressly modified pursuant to this Ordinance, all other provisions
of Chapter 153 ("Zoning Code") Section 153.120 entitled "Standards for Specific Land
Uses and Activities" Part 10 & 18, shall remain unmodified and in full force and effect. All
ordinances in conflict with the provisions hereof are superseded to the extent of such
conflict.
Section 2. Chapter 153 ("Zoning Code") Section 153.120 entitled "Standards for Specific
Land Uses and Activities" Part 18, shall be amended to read as follows:
PART 10 MEDICAL MARIJUANA/CANNABIS DISPENSARIES
153.120.330- Use Prohibited
Medical Marijuana/Cannabis Dispensaries are prohibited in the CITY.
Ordinance No. 1461 - Page 1 of 10
PART 18 Medical and Adult Cannabis Cultivation, Manufacturing and Distribution
§ 153.120.560 — Intent and Purpose
The purpose of regulating commercial cannabis activity is to comply with California state
law 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.
§ 153.120.570 — Use Regulations
A. Chapter 127: Medical and Adult Use Commercial Cannabis. All commercial
cannabis activity shall comply with all applicable provisions of Title XI, Chapter
127, Medical and Adult Use Commercial Cannabis, of this code.
B. Outdoor Cultivation. Owning, leasing, occupying, or having charge or possession
of any parcel within any zoning district in the CITY to use or allow such premise to
be used for the outdoor cultivation of cannabis plants is prohibited in the CITY.
C. Development Agreement Required. Prior to operating in the CITY and as a
condition of issuance of a Permit, the applicant shall enter into a Development
Agreement (as governed by California Government Code Section 65864, et seq.)
with the City setting forth the terms and conditions under which the facility will
operate that is in addition to the requirements of Title XI, Chapter 127, 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.
D. Maximum Number of Commercial Cannabis Permits. 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;
except that, Dispensaries only, shall be allowed a maximum of 40,000 square feet.
§ 153.120.580 — Development Standards
The development standards set forth in subchapter 153.050, Commercial and Industrial
Zones, shall apply to commercial cannabis facilities, unless otherwise specified here. The
location and types of commercial cannabis facilities shall be limited as follows:
Ordinance No. 1461 - Page 2 of 10
A. Proximity to schools, day-care centers, or youth centers. A commercial
cannabis facility shall not be located within 600 feet of a school, day-care center,
or youth center.
B. Proximity to residential zoning districts. A commercial cannabis facility shall
not be located within fifty (50) feet from a dwelling unit within a residential zone;
except that Commercial Cannabis Distribution may be allowed within a proximity
of twenty four (24) feet from a dwelling unit within a residential zone. However,
when the Commercial Cannabis Activity is exclusively manufacturing food and/or
edible cannabis products and no other products, and there is no on -site extraction
of cannabis or cannabis products, the proximity may be twenty-five (25) feet of a
dwelling unit within a residential zone;
C. Maximum square footage. Each approved permit shall not exceed 22,000 square
feet of commercial cannabis floor area; except that Commercial Cannabis
Distribution may be allowed not to exceed 40,000 square feet of commercial
cannabis floor area;
D. Facility. A commercial cannabis facility shall comply with the following:
1. All activity shall occur in an enclosed locked structure. Locks shall be of
commercial grade. Residential door locks are prohibited; and
2. From a public right-of-way, there should be no exterior evidence of the
manufacturing, cultivation and/or distribution of medical and adult use
cannabis; and
3. All Licensed Premises shall comply with the CITY's lighting standards
including, without limitation, fixture type, wattage, illumination levels, and
shielding and secure the neccessary approvals and permits, as needed;
and
4. All windows on the Licensed Premises shall be appropriately secured and
all cannabis securely stored ; and
5. All operations conducted within a Licensed Premises, and all equipment
used must be in compliance with all applicable state and local laws,
including all building, electrical, and fire codes; and
6. Areas that are wet locations, and the electrical system in such areas must
comply with Title 8 of this code, Article 300.6(0) of the National Electric
Code, City and California building codes, fire codes, electrical codes, and
all other applicable laws; and
7. Licensed Premises are permitted under this chapter under a Group F-1
(Factory Industrial Moderate -Hazard) Occupancy under the Fire Code.
Ordinance No. 1461 - Page 3 of 10
All new construction shall be fire sprinkled per the Fire Code. For all
commercial cannabis facilities 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 stores 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. All licensed manufacturing and cultivating premises shall possess air
scrubbers or a filtration system capable of eliminating odors from escaping
the building before operating ; and
9. Licensed distribution facility. 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.
10. The manufacture, distribution, and transportation of edible cannabis
products shall be conducted in a manner that complies with all applicable
food safety laws for the protection of humans consuming cannabis.
11 All products, storage facilities, utensils, equipment, and materials used for
the manufacture of edible cannabis products shall be approved, used,
managed, and handled in accordance to the provisions of all State and
County Health and Safety Laws regarding the preparation, distribution,
labeling, # and sale of #•
12Any manufacturing site that proposes to prepare, store, dispense, and
distribute edible cannabis products shall comply with the relevant
provisions of all State and County Health and Safety Laws regarding the
preparation, distribution, and sale of ###.
13. No food production shall be allowed in a facility where edible cannabis
products are manufactured to avoid the unintentional contamination of
non -cannabis foods with cannabis.
14. 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.
Ordinance No. 1461 - Page 4 of 10
E. Security. All security requirements set forth in Title XI, Chapter 127, Medical and
Adult Use Commercial Cannabis, of this code are applicable.
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
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.
7. 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.
8. Each Licensed Premises must be continuously monitored by an alarm
monitoring company.
9. 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.
10. Upon request, each licensee shall make available to the Chief Executive
Officer or any state or local law enforcement agency, for a purpose
Ordinance No. 1461 - Page 5 of 10
authorized by this chapter or state or local law enforcement purpose, all
information related to security alarm systems, recordings, monitoring,
and alarm activity.
11. 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.
12. All physical non -cloud based video surveillance records must be stored
in a secure area that is only accessible to the management staff of the
Licensed Premises.
13. 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.
14. 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.
15. A sign shall be posted in a conspicuous place near each point of public
access 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 otherwise 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.
16. The Licensed Premises should 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.
17. 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.
18. 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
Ordinance No. 1461 - Page 6 of 10
complete failure of the surveillance system.
19. 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.
20. 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.
21. Camera placement shall be capable of identifying activity 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.
22. All entrances and exits to the facility shall be recorded from both indoor and
outdoor vantage points.
23. 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.
24. Areas in which cannabis is grown, tested, cured, manufactured, or stored
shall have camera placement in the room facing the primary entry door at a
height that provides a clear, unobstructed view of activity without sight
blockage from lighting hoods, fixtures, or other equipment.
25. Cameras shall also be placed at each location where weighing, packaging,
transport, preparation, or tagging activities occur.
26. At least one camera must be dedicated to record the access points to the
secured surveillance recording area.
27. All outdoor cultivation areas must meet the same video surveillance
requirements applicable to any other indoor Limited -Access Areas.
28. Surveillance recording equipment must be housed in a designated, locked
and secured room or other 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.
Ordinance No. 1461 - Page 7 of 10
29. 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.
30. Off -site monitoring and video recording storage of the Licensed Premises
or an independent third -party is authorized as long as standards exercised
at the remote location meets or exceeds all standards for on -site monitoring.
31. 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.
32. All camera views of all recorded areas must be continuously recorded 24
hours a day.
33. 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.
34. The surveillance system or equipment must have the capabilities to produce
a color still photograph from any camera image, live or recorded.
35. The date and time must be embedded on all surveillance recordings without
significantly obscuring the picture.
36. Time is to be measured in Pacific Standard Time in accordance with the
U.S. National Institute of Standards and Technology.
37. 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 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.
Ordinance No. 1461 - Page 8 of 10
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
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.
� � • logAli
• •� i • •f� i
First read at a regular meeting of the City Council of the City of Baldwin Park held on the
6fh day of October, 2021, and adopted and ordered published at a regular meeting of said
Council on the 3rd day of November, 2021.
Ordinance No. 1461 - Page 9 of 10
PASSED, APPROVED, AND ADOPTED this 31d day of November, 2021.
4m�-,
EMM N E J. ESTRADA
MAY
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 October 6, 2021. Thereafter, said Ordinance No. 1461 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
CITY CLERK
Ordinance No. 1461 - Page 10 of 10