Joint Special Council/BFPD
06/20/22 07:00 PM
Building
Christopher Heldreth
Public Hearing
Doc ID: 5050
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. ____-2022 approving Quality Life Inc.’s application for a Commercial Cannabis Cultivation, Distribution, Transportation, and Manufacturing 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 May 23, 2022 meeting as all land use permits and statutory development agreements must first be presented to the Planning Commission. The Planning Commission recommended approval.
Fiscal Impact:
Quality Life Inc. is proposing a yearly sum of $10,000 to the Community Benefit Program; Staff is awaiting Council direction on proposed sum. A yearly operating fee of $25,000 will be paid to the City ($5 per square foot x 5000 sqft) in addition to a yearly application renewal fee of $14,107.85.
Application
Quality Life Inc. is applying for a permit for a Commercial Cannabis Cultivation, Distribution, Transportation, and Manufacturing.
Applicant’s representative, Michael Wilhoit, will be the point of contact on the permit if issued for the City Council.
Staff has submitted updated pages of the development agreement regarding operating fees to reflect the most current City approved agreement.
Joint Special Council/BFPD
06/20/22 07:00 PM
Building
Christopher Heldreth
Public Hearing
Doc ID: 5050
AGENDA ITEM
Applicant Information
Quality Life Inc. is a corporation. They do have a federal tax identification number and are properly registered with the California Secretary of State.
The company has the following corporate officers:
Chief Executive Officer - Michael A. Wilhoit
Members of the applicant group have no relevant criminal convictions listed on their permit application.
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 Cultivation, Distribution, Transportation, and Manufacturing permit at 2989 Lenwood Rd. Suite 1, Barstow, CA 92311. (APN #0421-131-55). The total square footage of the structure applicant will occupy on the site is 5,000 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.
Applicant History
The City Council previously passed 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 at 2841 Lenwood Rd. Barstow, CA 92311. (APN #0428-211-31).
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. As locations hiring process ensues, on-site manager is subject to change, however the applicant is required to notify the City of Barstow if/when on site manager contact 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, Joint Special Council/BFPD
06/20/22 07:00 PM
Building
Christopher Heldreth
Public Hearing
Doc ID: 5050
AGENDA ITEM
proposed site plan, 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.
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:
Quality Life Inc. is proposing a yearly sum of $10,000 to the Community Benefit Program; Staff is awaiting Council direction on proposed sum. A yearly operating fee of $25,000 will be paid to the City ($5 per square foot x 5000 sqft) in addition to a yearly application renewal fee of $14,107.85.
RECOMMENDED ACTION:
Staff recommends the City Council introduce Ordinance No. ____-2022 approving Quality Life Inc.’s application for a Cannabis Cultivation, Distribution, Transportation, and Manufacturing permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its May 23, 2022 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.