HomeMy WebLinkAboutOrd 1454 DA (agreement) Freshmade LLC CannabisORDINANCE NO. 1454
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
FRESHMADE LLC FOR THE CULTIVATION AND/OR
MANUFACTURING OF CANNABIS AT THE REAL PROPERTY
LOCATED AT 4517 LITTLE JOHN STREET (APN 8535-032-039)
WITHIN THE CITY OF BALDWIN PARK
WHEREAS, a Development Agreement with the City of Baldwin Park has been or
will be executed; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission
of the City of Baldwin Park on August 26, 2020, 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 or will hold a duly noticed public hearing
pursuant to law on the Agreement on September 16, 2020; 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; and
WHEREAS, as required by law, the City Council will conduct a first reading to the
proposed ordinance on September 16, 2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AND ORDER 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 20-04) will not have a significant impact of the environment and is
Categorically Exempt pursuant to Article 19, Section 15301, Class 1, `Existing Facilities'.
Furthermore the location 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 business is located within the 1,
Industrial Zone, it is anticipated that the use of the property is consistent
with the other 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.
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.
Security measures for the facility include, alarms, video surveillance, and a
comprehensive employee training program.
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 #2
through #5 to the Planning Commission and City Council staff report dated
September 16, 2020) 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.
First read at a regular meeting of the City Council of the City of Baldwin Park held on the
September 16, 2020 and adopted and ordered published at a regular meeting of said
Council on the 7t" day of October, 2020.
PASSED, APPROVED, AND ADOPTED this 7th day of October, 2020.
MAN L LOZANO
LVAWfo:
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK -1
1, LOURDES MORALES, Chief Deputy 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 September 16, 2020. Thereafter, said Ordinance
No. 1454 was duly approved and adopted at a regular meeting of the City Council on
October 7, 2020 by the following vote to wit:
AYES: COUNCIL MEMBERS: Ayala, Garcia, Hernandez, Lozano
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS: Avila
ABSTAIN: COUNCIL MEMBERS:
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LOURDES MORALES,
Chief Deputy City Clerk