Joint Special CC/Successor/BFPD
12/5/22 06:00 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5185
AGENDA ITEM
AGENDA MATTER:
ADOPTION OF ORDINANCE 994-2022 APPROVING DEVELOPMENT AGREEMENT WITH CULTURE BARSTOW ON THE 15 LLC
EXECUTIVE SUMMARY:
Staff requests that the City Council adopt Ordinance No. 994-2022 approving Culture Barstow on the 15 LLC's application for a Commercial Cannabis Dispensary, 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 September 26, 2022 meeting as all land use permits and statutory development agreements must first be presented to the Planning Commission. The Planning Commission recommended approval.
At its November 21, 2022 meeting, the City Council introduced the ordinance approving the development agreement and related entitlements for this cannabis facility.
Fiscal Impact
Culture Barstow on the 15, LLC is proposing a yearly sum of $65,000 to the Community Benefit Program.
A monthly operating fee of 3% (three percent) of gross receipts for operations in addition to a yearly application renewal fee of $14,107.85 and required quarterly inspections at $550.00 per inspection.
Application
Culture Barstow on the 15, LLC is applying for a permit for a Commercial Cannabis Dispensary and NonStore Front Delivery.
Applicant’s representative, who will be listed on the permit and will be the point of contact for the Planning Department is Devon Julian.
Applicant Information
Culture Barstow on the 15, LLC is a Limited Liability Company. They do have a federal tax identification Joint Special CC/Successor/BFPD
12/5/22 06:00 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5185
AGENDA ITEM
and are properly registered with the California Secretary of State. The company has the following corporate officers:
Chief Executive Officer - Devon Julian
Director of Administration - Julie Le
Owner - Anil Mohan
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 or the following unfair business practices listed on their application.
Location Information
Culture Barstow on the 15, LLC is a applying for a permit at 2824 Lenwood Rd. Barstow, CA 92311. APN #0421-313-46. The total square feet of each structure on the site is 3,000 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.
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 Devon Julian 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, proposed site plan, conceptual grading and drainage plan, conceptual architectural renderings, exterior lighting plan, conceptual landscape plan, and electronical 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.
Joint Special CC/Successor/BFPD
12/5/22 06:00 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5185
AGENDA ITEM
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.
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 Plans
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.
Application Fees
Applicant has submitted the required application fees related to this permit application.
FISCAL IMPACT:
Culture Barstow on the 15, LLC is proposing a yearly sum of $65,000 to the Community Benefit Program.
A monthly operating fee of 3% (three percent) of gross receipts for operations in addition to a yearly application renewal fee of $14,107.85.
RECOMMENDED ACTION:
Staff recommends the City Council adopt Ordinance No. 994-2022 approving Culture Barstow on the 15, LLC application for a Commercial Dispensary permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its September 26, 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.