CITY OF COMMERCE
PLANNING COMMISSION
RESOLUTION NO. 23-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
COMMERCE RECOMMENDING CITY COUNCIL ADOPT AN ORDINANCE TO REPEAL ORDINANCE NO. 784 THEREBY REVOKING DEVELOPMENT
AGREEMENT NO. 784
WHEREAS, the State of California enacted California Government Code Sections 65864 et seq. ("Development Agreement Statutes") to authorize municipalities to enter into development agreements with those having an interest in real property to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development in connection with the development of real property within their jurisdiction; WHEREAS, the purpose of the Development Agreement Statutes is to authorize municipalities, in their discretion, to establish certain development rights in real property for a period of years regardless of intervening changes in land use regulations, to vest certain rights, and to meet certain public purposes of the local government;
WHEREAS, as authorized by the Development Agreement Statutes, the City has adopted Resolution No. 18-50 ("A Resolution of the City Council of the City of Commerce Approving Procedures and Requirements for the Processing of Development Agreements") establishing the procedures and requirements for the consideration of development agreements with the City; WHEREAS, on September 4 2018, City Council adopted Ordinance No. 700, concerning commercial cannabis regulations, which added new Chapter 5.61 "Commercial Cannabis Activities", of Title 5, "Business Regulations and Licensing", of the Commerce Municipal Code, and became effective October 4, 2018;
WHEREAS, the purpose and intent of Ordinance No. 700 is to regulate the cultivation, manufacturing, testing, distribution, non-storefront retailer-delivery only, and microbusinesses, of medicinal and adult-use cannabis and cannabis products, and the ancillary transportation and delivery of same, in a responsible manner to protect the health, safety, and welfare of the residents of City of Commerce and to enforce rules and regulations consistent with the California Medicinal and Adult-Use Cannabis Regulation and Safety Act, and related laws, regulations, and policies issued by the State of California;
WHEREAS, in October 2018, CANNEX Holdings applied to this City for a Commercial Cannabis Permit (hereinafter "CCP") to conduct Commercial Cannabis Activities. No such activities are allowed or authorized without a Development Agreement, a Commercial Cannabis Permit, and all requirements pursuant to City Ordinance No. 700, including all requirements pursuant to Commerce Municipal Code Section 5.61.060;
WHEREAS, in May 2021, a request was placed with City CCP staff to change the name of CANNEX Holdings, Inc to 4Front California Capital Holdings, Inc., pursuant to City Ordinance No. 700, including all requirements pursuant to Commerce Municipal Code Section 5.61.060 and Article 21 of the DA.
Planning Commission Resolution
November 15, 2023
WHEREAS, on January 11, 2022, City Council approved Ordinance 784 related to Development Agreement No. 784, which allowed for 4Front California Capital Holdings, Inc., to conduct Commercial Cannabis activity at 6100 Bandini Boulevard in the City of Commerce; WHEREAS, prior to their new execution, 4Front California Capital Holdings, Inc. had received their CCP license from the City to conduct legal cannabis operations on October 28, 2021. Since they received their CCP license, the operator has reported consistently and met their contractual obligations on their development agreement;
WHEREAS, on October 18, 2023, Christopher Wimmer attorney representing 4Front California Capital Holdings, Inc. called to inform CCP staff that 4Front Capital Holdings is formally relinquishing the cannabis license due to the current cannabis market for legal operators and extensive State and Local fees. On October 26, 2023, CCP staff sent an email to Douglas Helman, the DA authorized signer, confirming the revocation discussion had with Mr. Wimmer, agreeing to pursue a recommendation to repeal the ordinance. Mr. Helfman confirmed that 4Front Capital Holdings was requesting that the City Council revoke its development agreement; WHEREAS, all procedures of the California Environmental Quality Act ("CEQA"), California Public Resources Code §21080 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15321 et seq. have been satisfied. Further, the City has found that the proposed action is Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15321 [Class 21, "Enforcement Actions by Regulatory Agencies"]). This section specifically applies to actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. In this case, the action is to repeal an ordinance approving Development Agreement No. 784;
WHEREAS, pursuant to California Government Code Sections 65867 and 65090, the City of Commerce, on November 3, 2023, published a legal notice in the Los Cerritos News and mailed out to property owners within 500 feet of the subject property, indicating the public hearing to be held by the City of Commerce Planning Commission on November 15, 2023, to consider recommending action to the City Council on a proposed ordinance to repeal Ordinance No. 784 to revoke Development Agreement No. 784;
WHEREAS, after conducting a duly noticed hearing on November 15, 2023, in conjunction with the City's applicable ordinances and resolutions, the Planning Commission of the City of Commerce reviewed, considered, and recommended the adoption of an ordinance to repeal Ordinance No. 784 thereby revoking Development Agreement No. 784 to the City Council; WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the Planning Commission of the City of Commerce does hereby resolve, declare, and determine as follows:
Section 1. That based upon staff reports, presentations, public testimony, and all other matters presented during the public hearing on this item, the Planning Commission hereby finds and declares that the foregoing recitals are true and correct and incorporates them herein as findings and as a substantive part of this Resolution.
Planning Commission Resolution
November 15, 2023
Section 2. The Planning Commission of the City of Commerce hereby recommends the City Council revoke Development Agreement No. 784 by adopting an uncodified ordinance to repeal Ordinance No. 784.
Section 3. If any section, subsection, line, sentence, clause, phrase, word, part, provision, or portion of this Resolution, or its application to any individual, entity, or circumstance, for any reason, is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution and shall continue in full force and effect. To this end, any section, subsection, line, sentence, clause, phrase, word, part, provision, or portion of this Resolution is severable. The Planning Commission of the City of Commerce declares that this Resolution would have been adopted by the Planning Commission regardless of the fact that any section, subsection, line, sentence, clause, phrase, word, part, provision, or portion thereof, might be declared to be invalid or unconstitutional.
Section 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED this 15"* day of November 2023.
Salvador Gutierrez, Chairperson
Planning Commission
ATTEST:
Viviana M. Esparza, Secretary