HomeMy WebLinkAboutORD 1414 ORDINANCE 1414
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CALIFORNIA,
AUTHORIZING THE CITY OF BALDWIN PARK TO
ENTER INTO A DEVELOPMENT AGREEMENT
WITH CASA VERDE GROUP FOR THE
CULTIVATION AND/OR MANUFACTURING OF
CANNABIS AT THE REAL PROPERTY LOCATED
AT 5117 CALMVIEW AVENUE (APN: 8413-007-062)
WITHIN THE CITY OF BALDWIN PARK
WHEREAS, a development agreement with the City of Baldwin Park will
be required; and
WHEREAS, a duly noticed public hearing was held by the Planning
Commission of the City of Baldwin Park on April 11, 2018, to receive comments
and consider recommendation to City Council of the proposed Development
Agreement; and
WHEREAS, the Planning Commission at such hearing, did recommend
that the City Council approve the proposed Agreement; and
WHEREAS, the City Council held a duly noticed public hearing pursuant
to law on the Agreement on April 12, 2018; and
WHEREAS, the City Council has reviewed the Development Agreement
(attached as Exhibit "A" herewith and incorporated herein by reference) and finds
and declares that compliance with all notice, hearing, and procedural
requirements as set forth by law have been met, thus allowing the City Council to
review and consider the approval of the attached Development Agreement; and
WHEREAS, the City Council hereby specifically finds that the provisions of
the Development Agreement are consistent with the General Plan of the City;
and
WHEREAS, the City Council hereby specifically finds that the
Development Agreement is in conformance with the public convenience and
general welfare of persons residing in the immediate area and will not be
detrimental or injurious to property or persons in the general neighborhood or to
the general welfare of the residents of the city as a whole; and
WHEREAS, the City Council hereby specifically finds that the
Development Agreement is consistent with the provisions of California
Government Code §§ 65864 - 65869.5.
Ordinance 1414
Page 2
WHEREAS, as required by law, the City Council gave first reading to the
proposed ordinance on April 18, 2018.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of
Baldwin Park, California, as follows:
SECTION 1. In accordance with the provisions of the California
Environmental Quality Act (CEQA), it has been determined that the proposed
Development Agreement Projects (DA 18-01 through DA 18-15) will not have a
significant impact of the environment and are Categorically Exempt pursuant to
Article 19, Section 15301, Class 1, 'Existing Facilities'. Furthermore each of the
locations is proposed within an existing building
SECTION 2. The City Council hereby adopts the following findings of fact
required by Subchapter 153.210.860 of the City's Municipal Code relating to
Development Agreements:
1. The Development Agreement is consistent with the General Plan
objectives, policies, land uses and implementation programs and any other
adopted plans or policies applicable to the agreement.
Because the location of the cannabis cultivation/manufacturing
business is located within the I, Industrial Zone, it is anticipated that
the use of the property is consistent with the other light industrial
uses within the area. The adoption of cannabis cultivation and
manufacturing activities 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. Furthermore, Goal 6.0 of the same element encourages the
expansion of the City's diverse industrial base. Policy 6.5 of Goal
6.0 encourages an on-going campaign with local businesses to hire
local residents. This Development Agreement requires that a
minimum of 20% of the businesses workforce shall consist of
Baldwin Park residents.
2. The Development Agreement is compatible with the uses
authorized in, and the regulations prescribed for, the land use district in which the
real property is located.
Pursuant to Ordinance 1401, adopted by the City Council on
August 16, 2017, effective on September 16, 2017 (and as
subsequently amended by Ordinance 1403 refining the
measurement of distances) cannabis cultivation, manufacturing and
distribution activities are allowed within the City provided all of the
development standards in Chapter 127 of the City's Municipal Code
are met. Dispensaries remain prohibited throughout the City.
Ordinance 1414
Page 3
3. The Development Agreement is in conformance with the public
convenience and general welfare of persons residing in the immediate area and
will not be detrimental or injurious to property or persons in the general
neighborhood or to the general welfare of the residents of the city as a whole.
The Development Agreement is in conformance with the general
area and City as a whole as it is located within the I, Industrial Zone
surrounded by lighter industrial uses. The use exceeds the
distance requirement of fifty (50) feet between cannabis uses and
the closest residential zone; furthermore, pursuant to Section
127.07.E.1 of the City's Municipal Code, the cannabis use is not
nearby any sensitive uses such as schools, day care centers, parks
or youth centers.
As part of the Applicant's Community Engagement program, they
are committed to supporting local law enforcement, educational
programs, and local community and business programs. It is their
intention to exceed the 20% minimum Baldwin Park resident
workforce to 50% as they indicate they are committed to the City.
To be a positive influence on the community and City as a whole,
Casa Verde Group intends to implement a comprehensive security
plan that addresses all levels of product and facility security through
alarm systems, CCTV monitoring, and employee training programs.
They also want to implement systems that facilitate access by the
City's Police Department, thereby not impacting the surrounding
area and city as a whole.
4. The Development Agreement is consistent with the provisions of
California Government Code §§ 65864 - 65869.5.
Pursuant to the City Attorney's Office along with review by the
Planning Division Staff, the Development Agreement (Reference
Attachments #1 through #15 to the Planning Commission and City
Council staff reports dated April 11 and 12, 2018) is consistent with
California Government Code Sections 65864-65869.5.
SECTION 3. The City Council hereby approves and adopts the
Development Agreement, in the form as attached hereto as Exhibit "A", and
authorizes and directs the Mayor to sign it in the name of the City of Baldwin
Park.
SECTION 4. This ordinance shall go into effect and be in full force and
operation from and after thirty (30) days after its final reading and adoption.
Ordinance 1414
Page 4
PASSED AND APPROVED ON TFE 2nd day of May, 2018
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AL' A ' A ILA,
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify
that the foregoing ordinance was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on April 18, 2018. Thereafter,
said Ordinance No. 1414 was duly approved and adopted at a regular meeting
of the City Council on May 2, 2018 by the following vote:
AYES: COUNCIL MEMBERS: Garcia, Lozano, Pacheco
NOES: COUNCIL MEMBERS: Baca, Rubio
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Non
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Arn
ALE VILA,
CITY CLERK