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HomeMy WebLinkAbout2023 034 CC RESO Resolution 2023-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO APPROVE COMMERCIAL CANNABIS AGREEMENT 23-02 TO PERMIT A COMMERCIAL CANNABIS CULTIVATION AND AUXILIARY SELF-DISTRIBUTION FACILITY WITHIN THE “IC,” INDUSTRIAL COMMERCIAL ZONE (LOCATION: 5157 AZUSA CANYON ROAD; APN: 8413-001-030); APPLICANT: MISSION CREEK VENTURES, LLC., CASE NUMBER: CCA 23-02 FOR CAN 22-01). WHEREAS, Mission Creek Ventures LLC, a California limited a liability company, (“Applicant”), submitted a Cannabis Permit Application on September 7, 2022 (“Application”), to the City of Baldwin Park (“City”) for a request to establish a commercial cannabis cultivation and auxiliary self-distribution facility within the Industrial Commercial (IC) zone, pursuant to Chapter 127 of the City of Baldwin Park Municipal Code (“BPMC”), the property is located at 5157 Azusa Canyon Road, Baldwin Park, CA (“Site”); and WHEREAS, Section 127.06 of the BPMC requires the Applicant to enter into a CCA with the City prior to operating in the City and as a condition for issuance of a business license and certificate of occupancy to operate a commercial cannabis cultivation and auxiliary self-distribution facility (collectively, “Permit”); and WHEREAS, a commercial cannabis agreement (CCA), attached as Exhibit A, was negotiated by and between the City and Applicant, and their respective counsel, which terms and conditions were mutually agreed upon; and WHEREAS, the purpose and intent of the CCA is to set forth the terms and conditions under which the Applicant will operate a commercial cannabis cultivation and auxiliary self-distribution facility, which include, but are not limited to, payment of community benefit fees, and other fees as mutually agreed upon, automatic termination for non-payment of fees, approval of architectural plans (including site plan, floor plan and elevations) to conform with the requirements of the BPMC, and other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the City, as authorized in Chapter 127 of the BPMC; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City has determined that the proposed commercial cannabis cultivation and auxiliary self- distribution facility will not have a significant impact on the environment and is Categorically Exempt from CEQA pursuant to Article 19, Section 15301, Class 1, “Existing Facilities.” NOW, THEREFORE, IT BE RESOLVED AS FOLLOWS: SECTION 1. The proposed use is a commercial cannabis cultivation and auxiliary self-distribution facility (collectively, “Project”). The proposed Project site is: 5157 Azusa Canyon Road; APN: 8413-001-030, which is located in the Industrial Commercial (IC) Zone pursuant to the terms defined in Chapter 127 of the BPMC. The establishment of the Project is consistent with the purpose and intent of the BPMC, the Industrial Zone and the General Plan land use designation. DocuSign Envelope ID: 3A943BD3-1D62-41E8-A850-3A5678827117 CCA 23-02 October 18, 2023 Page 2 SECTION 2. The City Council does hereby adopt the Findings of Fact applicable to all Commercial Cannabis Permittees: 1) The CCA 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 Project is located within the IC, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other light indus trial uses within the area. The approval of the Project is 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. Furthermor e, 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. 2) The CCA 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 1501 allowing commercial cannabis retail) commercial cannabis activity is allowed within the City provided all of the development standards in Chapter 127 of the City’s Municipal Code are met. 3) The CCA is in conformance with the public convenience and general welf are 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. The CCA is in conformance with the general area and 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 activity and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the BPMC, the commercial cannabis activity is not near any sensitive uses such as schools, day care centers, parks or youth centers. A comprehensive security plan was provided which addresses security of the Project from all angles, thereby reducing the potential for any negative impacts from the facility on the neighborhood and the city. 4) The CCA has been freely negotiated between the Applicant and the City, and their respective counsel; the Applicant has agreed that there is no inequality in bargaining power and the CCA is not ambiguous. The Applicant has capacity to read and understand the CCA and has read and understands the terms and conditions therein. The Applicant acknowledges that the CCA is valid and fully enforceable according to its terms. DocuSign Envelope ID: 3A943BD3-1D62-41E8-A850-3A5678827117 CCA 23-02 October 18, 2023 Page 3 SECTION 3. Staff recommends that the City Council approve the proposed CCA for the proposed commercial cannabis cultivation facility and auxiliary self- distribution, pursuant to the Findings of Fact for CCA 23-02 identified in Section 2 of this Resolution; and SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED AND APPROVED this 18th day of October 2023. ______________________________________ EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, Christopher Saenz City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2023-034 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 18th day of October, 2023 by the following vote: AYES: COUNCIL MEMBERS: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE _________________________________ Christopher Saenz CITY CLERK DocuSign Envelope ID: 3A943BD3-1D62-41E8-A850-3A5678827117