Joint Special Council/BFPD
01/3/22 07:00 PM
Building
Christopher Heldreth
Public Hearing
Doc ID: 4900
COUNCIL AGENDA ITEM
AGENDA MATTER:
PUBLIC HEARING - CONSIDERATION OF QUALITY LIFE INC. COMMERCIAL CANNABIS
APPLICATION
EXECUTIVE SUMMARY:
Staff requests that the City Council review Quality Life Inc. cannabis application and after review, introduce Ordinance No. 985-2022 approving Quality Life Inc.’s application for a Commercial Cannabis Dispensary and Non-Store Front Delivery permit, application for a Commercial Cannabis Dispensary, and Non-Store Front Delivery permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements.
DISCUSSION:
On November 8, 2016, the Control, Regulate, & Tax Adult Use of Marijuana Act (“AUMA”) was approved by California voters via Proposition 64. The AUMA permits local jurisdictions to regulate and/or ban adult use cannabis cultivation, distribution and delivery, transportation, manufacturing, testing laboratories, dispensaries, and microbusiness facilities.
In June 2021, the City Council passed Ordinance No. 974-2021 which added Chapter 19.27 to the Barstow Municipal Code to permit commercial cannabis activities in the City. The ordinance went into effect on July 7, 2021. On October 4, 2021, the City Council adopted Ordinance No. 977-2021, amending the City’s cannabis regulatory program ordinance.
All cannabis businesses must enter into a development agreement with the City that will be subject to council approval through the adoption of an ordinance under Government Code Section 65865. This application came before the Planning Commission for review at its December 13, 2021 meeting as all land use permits and statutory development agreements must first be presented to the Planning Commission. The Planning Commission recommended approval.
Application
Quality Life Inc. is applying for a permit for a Commercial Cannabis Dispensary and Non-Store Front Delivery.
Applicant’s representative, who will be listed on the permit if one is used and will be the point of contract for the Planning Department is Michael Wilhoit.
Applicant Information
Quality Life Inc. is a corporation. They do not have a federal tax identification number and are properly registered with the California Secretary of State.
The company has the following corporate officers:
CEO, CFO, Secretary: Michael A. Wilhoit
Members of the applicant group have no relevant criminal convictions listed on their permit application.
Joint Special Council/BFPD
01/3/22 07:00 PM
Building
Christopher Heldreth
Public Hearing
Doc ID: 4900
COUNCIL AGENDA ITEM
Members of the applicant group have no listed unfair business practices listed on their permit application.
Location Information
Quality Life Inc. is a applying for a Commercial Cannabis Dispensary and Non-Store Front Delivery permit at 2841 Lenwood Rd. Barstow, CA 92311. (APN #0428-211-31). The total square footage of the structure applicant will occupy on the site is 1,563 square feet.
The applicant is not the owner of the property but has provided the City with a copy of the Landlord Use Disclosure & Authorization for a Cannabis Facility agreement between applicant and owner.
Acknowledgment of City Standards
The managing members of the applicant group have submitted a signed acknowledgment of the City’s Cannabis operating standards as set forth in the City’s Municipal Code.
Information and Release Form
The managing members of the applicant group have signed and consented to the release of information necessary for the City to verify and confirm the information contained in their permit application.
On-Site Member Contact Statement
At time of application submittal the applicant has designated Michael A. Wilhoit as the on-site manager and the designated representative to whom the public or City can provide notice to if there are operating problems or issues related to the Cannabis Facility. The on-site manager is subject to change, however the applicant is required to notify the City of Barstow if/when the on-site manager changes.
Conditional Use Permit
Applicant has submitted the required conditional use permit, including the following required documents:
seven sets of the plans in 24” x 36”, filing fees, notification packages, title report, existing site plan, proposed site plan, conceptual architectural renderings, an electronic copy of these plans, and any special studies as determined by the Community Development Department.
Environmental Information and Checklist
Applicant has submitted the required environmental information and checklist.
Security Plan
The applicant has submitted a security plan which contains: 24-hour security surveillance cameras, sensors, panic buttons, alarm system, 24-hour security personnel, and a lock system not solely controlled by an electronic access panel. Both Barstow Police Department Police Chief and Captain have reviewed the applicant’s security plan and it appears to meet all standards.
DOJ Live Scans for Owners, Managers, Employees, Volunteers, and Security Personnel Applicant has submitted the required Department of Justice Live Scans for owners, managers, employees, volunteers, and security personnel.
Joint Special Council/BFPD
01/3/22 07:00 PM
Building
Christopher Heldreth
Public Hearing
Doc ID: 4900
COUNCIL AGENDA ITEM
Operations Plan
Applicant has submitted the required Operations Plan in accordance with the City’s Municipal Code. The following features are present in the Operations Plan: limiting access area, keeping cannabis and cannabis products in a secure manner, designating a security representative/liaison, a storage and transportation plan, cooperation with the City, and notification to Police Department with provisions. In addition, both Barstow Police Department and City of Barstow Attorney have reviewed the required Operations Plan.
Application Fees
Applicant has submitted the required application fees related to this permit application.
FISCAL IMPACT:
RECOMMENDED ACTION:
Staff recommends the City Council introduce Ordinance No. 985-2022 approving Quality Life Inc.’s application for a Commercial Cannabis Dispensary and Non-Store Front Delivery permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its December 13, 2021 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.