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HomeMy WebLinkAbout2024-004 CC Reso - Approve Commerical Cannabis Agreement - Rx Catalyst-Baldwin Park LLCResolution 2024-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO APPROVE COMMERCIAL CANNABIS AGREEMENT NO. 24- 01 AND COMMERCIAL CANNABIS APPLICATION NO. CAN 23-01 TO PERMIT COMMERCIAL CANNABIS ACTIVITY (RETAIL) WITHIN THE I- C, INDUSTRIAL COMMERCIAL ZONE (SITE: 13467 DALEWOOD STREET; APN: 8559-003-018; APPLICANT: RD X CATALYST—BALDWIN PARK, LLC (CASE NO.: CCA 24-01 FOR CAN 23-01). WHEREAS, RD x Catalyst Baldwin Park, LLC, a California limited a liability company ("Applicant"), submitted a Cannabis Permit Application on August 3, 2023 ("Application"), to the City of Baldwin Park ("City") requesting a permit to operate a retail cannabis business within the Industrial Commercial (I-C) zone at 13467 Dalewood Street, Baldwin Park, CA; APN 8559-003-018 ("Site"), pursuant to Chapters 127 and 128 of the City of Baldwin Park Municipal Code ("BPMC"); and WHEREAS, On September 20, 2023, the City Council approved City Council Resolution 2023-030, which requires commercial cannabis operators to execute Commercial Cannabis Agreements (CCA), to conduct commercial cannabis activity in the City, which CCA is to be approved by the City Council; and WHEREAS, BPMC Section 128.04 sets forth the Retail Cannabis Business Permit Requirements; specifically, as follows: compliance with state and local laws; valid city business license; valid city retail cannabis business permit; valid state license; and valid certificate of occupancy (COO); WHEREAS, in order to fully comply with BPMC Section 128.04 (A)(4), the Applicant must negotiate and execute a valid Commercial Cannabis Agreement (CCA), subject to approval by the City Council; WHEREAS, a CCA, attached to the Staff Report as Exhibit B, 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 retail business, which includes, but is 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 Chapters 127 and 128 of the BPMC; and WHEREAS, a Cannabis Fee Deferral Payment Agreement for RD Baldwin Park/Tropicana Enterprises, LLC, is necessary to find that this company is in good standing, which is a requirement of the City Application; this Cannabis Fee Deferral Payment Agreement is a third -party agreement that requires City Council approval; and City of Baldwin Park Resolution 2024-004 February 21, 2024 Page 2 of 4 WHEREAS, the Site was inspected and the Project was analyzed by City Staff and determined that it would not have an adverse impact on the health, safety, and welfare of the community provided the conditions of approval attached to this Resolution are followed; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City has determined that the proposed commercial cannabis retail and manufacturing 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. Commercial cannabis activity (Retail and Manufacturing) located at 13467 Dalewood Street, Baldwin Park, CA; APN 8559-003-018, within the Industrial - Commercial (I-C) Zone ("Site"), is subject to the terms defined in Chapters 127 and 128 of the BPMC. The proposal is to open a new retail cannabis business alongside a pre-existing manufacturing cannabis business at the Site, which requires approval by the City Council. This Project along with the proposed CCA (as to Retail Only as Applicant will remain governed by the Development Agreement dated May 2, 2018, as to Manufacturing, until further notice), and Cannabis Fee Deferral Payment Agreement for the continued Manufacturing and new Retail at the Site, is consistent with the purpose and intent of the BPMC, the Industrial -Commercial Zone and the General Plan land use designation. SECTION 2. The City Council does hereby adopt the Findings of Fact applicable to all Commercial Cannabis Permittees: 1) The CCA (as to Retail only as Applicant is governed by the Development Agreement dated May 2, 2018 as to Manufacturing, until further notice) 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 I-C, Industrial -Commercial Zone, the use of the property is consistent with the other light industrial 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. Policy 6.5 of Goal 6.0 encourages an on -going campaign with local businesses to hire local residents. 2) The CCA (as to Retail only as Applicant is governed by the Development Agreement dated May 2, 2018 as to Manufacturing, until further notice) 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 City of Baldwin Park Resolution 2024-004 February 21, 2024 Page 3 of 4 provided all of the development standards in Chapters 127 and 128 of the City's Municipal Code are met. 3) The CCA (as to Retail only as Applicant is governed by the Development Agreement dated May 2, 2018 as to Manufacturing, until further notice) 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. The CCA is in conformance with the general area and City as a whole as it is located within the I-C, Industrial -Commercial Zone surrounded by industrial uses. The use exceeds the distance requirement of fifty (50) feet between commercial cannabis activity and the closest residentially zoned residence; 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. 4) The CCA (as to Retail only as Applicant is governed by the Development Agreement dated May 2, 2018 as to Manufacturing, until further notice)r been freely negotiated betweenApplicant . • 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 r • has r • understands the terms and conditions therein. The Applicant acknowledges that the CCA is valid and fully enforceable according • its terms. SECTION 3. The Application is hereby approved subject to the following conditions: (a) That the property shall be developed and maintained in substantial compliance with the application on file and as shown on the architectural plans attached to the Staff Report as Exhibit C; and (b) The existing driveway shall be closed to traffic through the use of removable decorative bollards of a design and type approved by the City Planner during Plan Check and a new driveway and approach shall be constructed as shown on the architectural plans for the project; and (c) Parking shall be prohibited across the street from the Site through the use of red curb for the segment of street to be determined by the Public Works Director and this shall be done at the expense of the applicant; and (d) Upon receipt of reports of repeated parking problems at the Site as a result of dispensary customer traffic, the Community Development Department Director may, in his discretion, require that the location of fence dividing customer and employee parking be adjusted so that additional customer parking is available. City of Baldwin Park Resolution 2024-004 February 21, 2024 Page 4 of 4 (e) The Applicant is limited to the daily hours of operation of 9 AM to 10 PM which is consistent with the proposed operating hours in the Application. SECTION 4. Staff recommends that the City Council approve the proposed CCA (as to Retail only as Applicant is governed by the Development Agreement dated May 2, 2018 as to Manufacturing, until further notice) for the proposed retail cannabis use at the facility located at the Site, pursuant to the Findings of Fact for CCA 24-01 identified in Section 2 of this Resolution; and SECTION 5. The City Clerk shall certify the adoption of this Resolution. PASSED AND APPROVED this 215t day of February 2024. EMMANUEL J E T DA 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. 2024-004 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 21 st day of February 2024 by the following vote: AYES: AVILA, DAMIAN, AYALA, ESTRADA NOES: N/A ABSENT: N/A ABSTAIN: GARCIA —rj"� 301-- Q—, Christopher Saenz CITY CLERK