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RESOLUTION NO. 563-2022
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF BARSTOW RECOMMENDING APPROVAL OF CANNABIS LICENSE
APPLICATION FOR MERCHANTS BARSTOW, LLC AND DEVELOPMENT
AGREEMENT WITH MERCHANTS BARSTOW, LLC
WHEREAS, California voters approved Proposition 215 (Health and Safety Code Section 11362.5), entitled the Compassionate Use Act (CUA), in 1996, which exempts patients and their primary caregivers from criminal prosecution or sanctions under H&S Code Sections 11357 and 11358 for qualified use and cultivation of medical cannabis; and WHEREAS, the California Legislature passed Senate Bill 420 (H&S Code Sections 11362.7 et seq.) in 2003 to create the Medical Marijuana Program (MMPA), which established a voluntary program for the issuance of medical cannabis identification cards for qualified patients, set limits on the amount of cannabis any individual could possess, and provided an exemption from state criminal liability for persons "who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes"; and
WHEREAS, in November 2016, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA"), which established a state licensing and regulatory system for commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, or sale of recreational marijuana and marijuana products; and
WHEREAS, on June 27, 2017, the Governor signed the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), consolidating the AUMA with previous state law regarding commercial medical marijuana activities to create one state licensing system for commercial activities related to medical and recreational marijuana; and WHEREAS, both the AUMA and MAUCRSA authorize the City to further regulate or completely prohibit the establishment or operation of commercial marijuana activities within its limits, even such activities that may be licensed under state law; and WHEREAS, the City's power to regulate or completely prohibit commercial marijuana activities under the AUMA and MAUCRSA is consistent with the California Supreme Court's decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 7; and
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WHEREAS, the California Attorney General's August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering or crime; and WHEREAS, the California Planning and Zoning Law (Gov. Code, § 65000 et seq.) authorizes the City to adopt and administer zoning laws, ordinances, rules, and regulations; and
WHEREAS, the City of Barstow passed Ordinance No. 974-2021 on June 7th 2021 to begin the process of allowing Cannabis sales; and WHEREAS, the City of Barstow passed Ordinance No. 977-2021 on October 4th 2021, adopting land use laws for Cannabis sales and requiring applicants to execute a development agreement with the City before beginning operation; and WHEREAS, no cannabis business may operate in the City of Barstow unless first issued a permit by the City; and
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which authorizes the City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property that is subject to a development agreement application; and
WHEREAS, Merchants Barstow, LLC proposes to improve, develop and use real property to operate a Commercial Cannabis Dispensary, Cultivation, Distribution/Transportation, Manufacturing, and Non-Store Front Delivery at 2552 Mercantile Way., Barstow, CA 92311 (APN #0421-211-26-0000) and has properly submitted a completed cannabis license application; and WHEREAS, City and the Merchants Barstow, LLC seek to enter into a development agreement for the Project (the “Development Agreement”) pursuant to the Development Agreement Statute and all applicable local and state laws; and WHEREAS, the Planning Commission finds that an ordinance approving the Development Agreement will allow the City to adequately regulate and address all impacts of the Project in the City in accordance with state law; and WHEREAS, the Planning Commission finds that the ordinance is in the best interest of the health, welfare, and safety of the public.
NOW THEREFORE, the Planning Commission of the City of Barstow hereby resolves as follows:
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1. The foregoing recitals are true and correct.
2. The Planning Commission hereby finds that the proposed Development Agreement is in compliance with Government Code Section 65865.2 and Chapter
19.46 of the Barstow Municipal Code.
3. The Planning Commission hereby finds that the proposed Development Agreement is consistent with the actions, goals, objectives, and policies of the City's General Plan and Zoning Regulations because the project promotes local opportunities for commerce and engagement.
4. The Planning Commission hereby finds that the Development Agreement application to the City was made on forms approved, and contains all information required by the Director and is filed with the Department in compliance with Chapter 19.46
5. The Planning Commission hereby finds that the Development Agreement application was accompanied by all lawfully required documents, materials, and information.
6. The Planning Commission hereby recommends that the City Council approve Ordinance No. _____-2022 approving the cannabis license application for Culture Barstow on the 15, LLC, attached as Exhibit A, and approving a development agreement with Culture Barstow on the 15, LLC, attached as Exhibit B.
PASSED, APPROVED and ADOPTED this 10th day of October, 2022. _______________________ ____________________________
Beatrice Lint, Stephanie Baca
Planning Commission Chair Recording Secretary
ATTEST:
I, Stephanie Baca Recording Secretary of the Barstow Planning Commission , DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing resolution was introduced and duly adopted at its meeting held October 10, 2022 by the following vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Stephanie Baca
Recording Secretary,
City of Barstow Planning Commission